Oratio lamentabilis ... Iohannes Savageti Constantiensis et Basiliensis ... super turbatione dicte ecclesie Constantiensis ... una cum tractatu per eum, edito sex dubiis iuris clauso ... Per que evidens iustitia ... Ludovici de Freiberg ... confirmati episcopi ac iniustitia Ottonis de Sunnenberg ... declaratur et ostenditur

...and admitting those same nominations and thus tacitly consenting. And for this, all laws importing tacit consent work, which are alleged by the gloss in chapter ex ore from the mouth, de his quae fiunt a maiori parte capituli on those things which are done by the greater part of the chapter. If, therefore, our Lord the Pope then could, and it was permitted for him to, derogate from the aforesaid concordats regarding all the churches of the whole nation, why then could he not have derogated from them in our case regarding one church, by reserving its disposition to himself and providing for it? To what end, therefore, do the Lord Emperor and others oppose themselves to this reservation and provision, wishing to impose on the Pope a law which they themselves have neglected to observe? Certainly, they cannot (chapter pro illorum for their, de prebendis). For what they have once approved, namely the derogation of the concordats previously admitted by them, they cannot reproach, so that the Pope could not do them for himself (argument from Digest, de negotiorum gestis, Pomponius; Digest, de adulteriis, if the wife, 8, q. 2, dilectissimi most beloved, de iure iurando, quemadmodum in what manner, de testibus, chapter praesentium of those present, and noted by the gloss in chapter a nobis from us, de exceptionibus). For also, he who received something for himself is held to receive it against himself (Law Aurelius, Digest, idem quaesivit the same inquired, and there Bartolus, noted in Digest, de liberis et legatis, 19, dist., si Romano). Likewise, and fourthly, corroborating this last reason, I say that the derogation which the Pope made in the said grace of nominating granted to the Emperor, he made by himself and without the counsel and assent of the Most Reverend Lords the Cardinals. But in this reservation and the contents of the apostolic letters, the consent and counsel of the Most Reverend Lords the Cardinals intervened; therefore, it should be more valid and firmer than the first, because a judgment is firmer which is corroborated by the sentences of many (chapter prudentiam prudence, de officio delegati). For also, the concordats themselves were confirmed by the Pope with the consent of the Most Reverend Lords the Cardinals, and thus by the same bond by which they were bound, they are loosened in this reservation; and there is nothing so natural as to dissolve in the same manner by which it is bound (law nil tam naturale nothing so natural, Digest, de regulis iuris, chapter omnis res every thing, same title, in the ancients). If, therefore, the first derogation obtained effect by being done by the Pope alone, much more should this one, which was done by the Pope with the counsel and assent of the Most Reverend Lords the Cardinals, have obtained and must obtain its effect. It does not obstruct in so far as it is said that the Pope, by reserving in such a way, could impede all the churches. I confess that in our case, as often as such a case occurs, he can, but since this case does not always occur, but rarely, therefore the objection does not have a place (law nam ad ea for to those, Digest, de legibus, chapter coram in the presence of, de officio delegati, where it is said "rarely or never"). However, if he wished to reserve all bishoprics generally to himself, I think he could not, because it would disturb the universal state of the church; and this is the opinion of the glossators in chapter litteras letters, de restitutione spoliatorum, and in the said chapter proposuit, de concessione prebendarum, and for this, chapter quae ad perpetuam which to perpetual, 25, q. 1; and noted by Innocentius, de consuetudine, chapter quanto by how much, 1, q. 7. And if that and the gloss in chapter per principalem by the principal, 9, q. 3.