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

...Speculator, title de legato on the legate, under the rubric de dispensatione on dispensation, now briefly to the end. Moreover, the illusion and variation, as is gathered from the aforementioned, cannot be imputed in this reservation and provision. Because since the Pope has used his right and his power permitted to him, he is considered to have done injury or injustice to no one (Digest, de iniuriis, law Iniuriarum of injuries, § 1; Digest, de petitione hereditatis, law illud that, 1; § de appellationibus, chapter bone good, and the said chapter cum ecclesia, de electionibus). It also does not obstruct what the adversaries bark, namely that the same Lord Ludwig did not exercise the office of coadjutor; consequently, the provision which was made to him on that occasion should not have a place. Because since a provision is made in respect to a certain quality, that being deficient, its disposition seems to cease (argument from Digest, de noxalibus actionibus, law in delictis in faults, § si extraneus if an outsider; Digest, de testamentis militaribus, law Ticius and law eadem ait the same says, § eodem modo in the same way; Digest, nautae caupones stabularii sailors, innkeepers, stablemen; and the cause ceasing, the effect ought to cease (chapter cum cessante when ceasing, de appellationibus). I answer that the said provision was not made under the condition "if he shall have exercised the office of coadjutor," but purely, as the tenor of the provision demonstrates. But even if it had been made under that condition, as it was not, in which it did not stand by the Lord Ludwig himself, but by a natural case, namely the death of Lord Hermann, therefore nothing can be imputed to the same Lord Ludwig, but his provision ought to have obtained its effect through the rule of law which says: "It ought not to be imputed to him by whom it did not stand, if he does not do what was to be done by him," as is had in de regulis iuris, Book VI, and argument of the rule in Civil Law (Digest, same title). But again the adversaries will perhaps say that the provision of Lord Ludwig was conditional, as appears there when it says: "if at that time, Lord Hermann yielding or dying, you shall have remained in the faith and obedience and devotion to the holy Roman church and the aforesaid see, and you shall have been capable and suitable to rule the aforesaid Constantien. Constance church." For regularly that diction "If" imports a condition (Digest, de rebus creditis, law cum ad praesens when to the present). I answer that here that diction "If" does not import a condition, but an admonition, according to the things noted by Innocentius in chapter dudum formerly, de praesumptionibus, and Clementinae 1, de officio delegati, and noted by the Rota in the said decision 387, and Archidiaconus in chapter 1, de electionibus, Book VI. For from the time he was once devout, capable, suitable, and good, he is always presumed such unless the contrary is shown (said chapter dudum, joined with the gloss de praesumptionibus). For this diction "If" does not always import a condition, but sometimes is placed admonitively as (Digest, de tutelis, law muto mute, § sub conditione under condition, de verborum obligationibus, law si decem if ten). Sometimes it is put for "because," as (Digest, de postulatione hereditatis, Institutions, law quod certatum est what is contested). Sometimes it is put negatively as in the psalm:
If they shall enter into my rest.
Sometimes disjunctively, "If" for "who." (Code, de condicionibus insertis, law 2). Sometimes it is superfluous and...