Silvio Enea

; Piccolomini

Silvius Aeneas

Piccolomini

Pope V Nicolaus

Nicholas King

Michael V Cotta-Schönberg

Bishop Enea

Silvio Piccolomini

Sylvius Aeneas

Silvius Aeneas

Kaiser Piccolomini

Emperor Habsburg Friedrich

Frederick Iii

Habsburg King

Empress Alfonso V Aragon

Decimus Juvenalis

late 1st Junius

) Ad

Roman

Juvenal

Quingentos P

Michael Von Cotta- Schönberg

Sylvius Aeneas

Silvius Aeneas

Leonor Of

Aragon She

Sylvius Aeneas

Silvius Aeneas

Michael Von Cotta-Schönberg

Silvius Aeneas

Sylvius Aeneas

Keywords: ] Ad jucunditatem festino. Numquid jucunditas in matrimonio reperitur 1 ? Aristoteles, philosophorum acutissimus, non solum esse potest illius vita, qui morigeram ac fecundam sortitus uxorem, si quando ex fori rumoribus, ex curiae taediis, ex reipublicae laboribus domum se confert, veram consolationem reperit, veram amatorem, divinae domus humanaeque sociam reperit, dulces liberos sibi matrique 7 blandientes videt, quibus laborat, quibus congregat, quibus 8 vivit, in quibus unum hunc R, T 6 gloria saeculi : seculi gloria

Volume 4 of the Orations of Pope Pius II contains seven orations from the three year period 1450-1452. Six are orations held in his capacity of imperial ambassador, one to King Alfonso V, three to Pope Nicolaus V, one to a Bohemian diet, and one to the ambassadors of Duke Philippe III of Burgundy. The seventh is a long defense of pope's monitorium against the Austrian rebels against the emperor, probably never held.

Foreword

In 2007, I undertook a project of publishing the Latin texts with English translations of the orations of Pope Pius II. Altogether 80 1 orations (including papal responses to ambassadorial addresses) are extant today, though more may still be held, unrecognized, in libraries and archives.

At a later stage the project was expanded to include ambassadors' orations to the pope, of which about 40 are presently known.

I do not, actually, plan to publish further versions of the present volume, but I do reserve the option in case I -during my future studies -come across other manuscripts containing interesting versions of the oration or if important new research data on the subject matter are published, making it appropriate to modify or expand the present text.

I shall much appreciate to be notified by readers who discover errors and problems in the text and translation or unrecognized quotations. Sigla and abbreviations

July 2019 MCS

II. TEXT AND TRANSLATION

1.

Introduction [1][2] 2.

Against misogyny [3][4][5][6][7][8] 2.1. Marriage is a perfect union of male and female [3] 2.2. Traditional negative views on women [4] 2.3. Arguments against the traditional view [5-7] 3.

Marriage [8][START_REF][END_REF][10][11][12][13] 3.1. Dignity of marriage [START_REF][END_REF] 3.2. Benefits of marriage [START_REF][END_REF][10] 3.3. Joys of marriage [12-13] 4.

The royal spouses [14][15][16][17][START_REF]3 dilectior est 4 ? Quis nostro saeculo praeter hunc unum 5 favet ingeniis? Quis justior, quis liberalior, quis animo majori regnat? An solus hic ex principantibus est, qui neque secundis rebus intumescit, neque destituitur adversis? Verus fortunae domitor et nostri gloria saeculi 6 , qui non minori perseverantia Neapolim cepit, quam Graeci duces 7 Trojam 8 expugnaverunt 9 . Ostendi tibi dotem 10 meam ex paterna maternaque domo non parvam gloriam[END_REF][START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF][START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF][21][START_REF]Pasce oves meas. Et iterum: Tibi dabo claves regni caelorum et quodcumque ligaveris super terram, erit ligatum et in caelis, et quodcumque solveris super terram[END_REF][START_REF]Ex qua re moti veteres sanctique patres Romanam ecclesiam beatorum Petri et Pauli martyrio consecratam in orbe toto venerabilem praecipuamque sanxerunt. Nec dubium est, quin illi quidquid ubique fidelium est, commissum videatur, quae totius corporis caput esse designatur. Talibus igitur institutis talibusque fulti 7 auctoritatibus plerique pontificum, alii reges, alii imperatores excommunicaverunt. Et si speciale requiritur de principum personis exemplum, beatus Innocentius 8 papa 9 Arcadium 10 imperatorem percussit anathemate, quia 11 Johannes Chrysostomus, ut 12 a sua pelleretur sede, consensit 13 . Zacharias regem Francorum non tam pro suis iniquitatibus quam pro eo, quod tantae potestati erat inutilis, a regno deposuit ac Pipinum 14 , Caroli magni patrem, ejus loco suffecit. 1 vel add. V 2 Paulus in marg. A, D, G 3 omit. U1 4 censuri U1 5 et quodcumque solveris … in caelis omit. F, U1 6 cum F 7 suffulti G 8 Innocentius papa[END_REF][24] 4.1. Leonora [15][16][17][START_REF]3 dilectior est 4 ? Quis nostro saeculo praeter hunc unum 5 favet ingeniis? Quis justior, quis liberalior, quis animo majori regnat? An solus hic ex principantibus est, qui neque secundis rebus intumescit, neque destituitur adversis? Verus fortunae domitor et nostri gloria saeculi 6 , qui non minori perseverantia Neapolim cepit, quam Graeci duces 7 Trojam 8 expugnaverunt 9 . Ostendi tibi dotem 10 meam ex paterna maternaque domo non parvam gloriam[END_REF][START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] 4.2. Friedrich [20-24] 5.

Conclusion [START_REF]Illud ad rem nostram accomodatum exemplum nequeo praeterire: post Henricum quartum Lotharius Saxo 1 ad imperium vocatus est, adversus quem cum Fridericus et Conradus, magnanimi juvenes, arma movissent, quia genus Henrici, cujus sorores matrimonio sibi assumpserant, humiliare atque opprimere videbatur 2 , ab Honorio 3 papa sunt excommunicati, nec prius absolutionis obtinere beneficium 4 quam Caesaris gratiam potuerunt. mirum si Austriales aliquos suo principi insultantes Nicolaus pontifex admonet? Beatus Ambrosius 5 , licet sanctus, non tamen universalis ecclesiae episcopus, pro culpa, quae aliis sacerdotibus non adeo gravis videbatur, Theodosium 6 magnum imperatorem excommunicans ab ecclesia exclusit[END_REF] 6.

Verses in praise of King Alfonso

I. INTRODUCTION 1. Context 1

The first decade of the reign of Friedrich III had been passed in extinguishing one conflict after another. By 1450, some of the conflicts had been solved, i.e. the schism in the Church, the Swiss problem, and the Hungarian troubles, and the family problems were somewhat in abeyance. 2 The time had come to become crowned in Rome, and to marry. Both projects were politically important in terms of the legitimacy and stability of the dynasty, but at the same they naturally fulfilled intense, personal desires.

The marriage project was initiated in 1449 when Friedrich sent envoys to Portugal to examine the possibilities for a matrimonial alliance with the House of Portugal, closely related to the houses of Castile, Aragon, England and Burgundy, and to report on the beauty of the king's sister, Princess Leonora.

The reports were satisfactory, and it was agreed that the negotiations and the conclusion of the marriage contract should take place under the aegis of Leonora's uncle, Alfonso V the Magnanimous, powerful and much admired King of Aragon and Sicily, who in 1442 had ousted the House of Anjou from the Kingdom of Sicily (Naples) and set up his own court in Naples.

The emperor's expert on Italian affairs, Enea Silvio Piccolomini, Bishop of Trieste, was recalled from a brief period of semi-retirement in Trieste 3 and sent to Italy with two missions: one to negotiate the wedding contract in Naples, and the other to obtain an agreement with the pope concerning the emperor's coronation in Rome. Piccolomini would also have to obtain guarantees of the emperor's safety from those territories he would be passing through, since he would not be arriving at the head of an army in order to assert his imperial rights in Italy.

Piccolomini arrived in Naples at the end of October 1450. The negotiations lasted for 40 days and were concluded, successfully, on 10 December 1450, whereupon a religious ceremony of thanksgiving was held. At this occasion, Bishop Piccolomini gave the oration "Quamvis grandes materias".

1 CO, I, 20 (Meserve,I,; HA / 1. version (Knödler, I, p. 88); Ady, p. 112; Boulting, pp. 184-185; D'Elia; Koller, p. 111, 116-118; Mitchell, pp. 107-108; Paparelli, pp. 131-133; Reinhardt, p. 149; Stolf, p. 243; Voigt, III, pp. 17-18 2 Already in his Pentalogus of 1443, Piccolomini has given advice to the emperor on his choice of bride, see Piccolomini: Pentalogus (Schingnitz,p. 130): Tu ex uxore, quam duces, aliquam domum illustrem tibi conciliabis potentiorque … fies 3 This retirement had actually been interrupted in 1449 when the emperor sent Piccolomini on the third imperial mission to Milan to persuade the Milanese to accept direct imperial rule after the death of the last Visconti duke, see the introduction to Piccolomini's oration "Est mihi non parum" [13] No letters of Piccolomini mention this affair. In his Historia Austrialis / 1 st version (1453), Piccolomini wrote that the marriage contract was signed in the presence of King Alfonso, Cardinal LeJeune, the papal legate, the ambassadors from Venice, Florence, Milan, and other Italian states, the Duke of Cleve and many other nobles, but he did not mention the oration itself. 1 In his Commentarii he did mention it, though:

… in the Jubilee year [1450] the emperor recalled him and sent him together with Gregor Volckenstorf and Michael Pfullendorf on an embassy to King Alfonso of Aragon and Sicily. Their orders were to arrange the marriage between the emperor and the king of Portugal's sister, Leonora. The Portuguese ambassadors were already gathered at Naples, and after 40 days of negotiation, the matter was concluded. Aeneas then delivered an oration in the hall of the Castelnuovo at Naples in the presence of the king, the cardinal of Amiens (who was the apostolic legate), the dukes of Clèves, Calabria, Suessa and Silesia and a great number of prelates and noblemen. The speech treated the nobility and virtues of the contracting parties; afterwards many had copies made of it for themselves. 2 In his biography of the pope, Gianantonio Campano briefly wrote: Soon he undertook another mission: he was sent to Naples where he concluded the royal marriage between Leonora, the sister of the King of Lusitania, niece of Alfonso, and Friedrich. 3 And in his biography, Bartolomeo Platina, just as briefly wrote: So, Enea went to Naples where he negotiated, with Alfonso, the marriage between Leonora, the sister of the King of Lusitania and Alfonso´s own niece through his sister, and the emperor. 4 Though the occasion was the emperor's betrothal to Leonora of Portugal and not the wedding itself, the oration given by Bishop Piccolomini was clearly an epithalamium, a literary genre of wedding orations developed in classical antiquity and revived by the Italian Renaissance humanists. 1 This genre has been studied by Anthony F. D'Elia who, in the introduction to his The Renaissance of Marriage in Fifteenth-Century Italy 2 , writes:

In classical antiquity intellectuals debated about whether the philosopher should marry. Whereas Stoics argued that the philosopher should marry since this was living according to nature, the Cynics condemned marriage as a distraction from philosophy. Baptizing the philosopher, the early Christians argued that holiness and marriage were incompatiblecelibacy was the best life. The positive reevaluation of marriage and condemnation of the celibate ideal is usually first associated with Martin Luther and the Reformation. In the fifteenth century, however, Italian humanists also promoted marriage as an ideal. They reversed the Cynic commonplace notion and claimed that wives could assist in the pursuit of wisdom. They also revived the ancient wedding oration and delivered these prose epithalamia at elite weddings. In addition to letters and dialogues, humanists used this revived medium to convey a more positive view of marriage and to reach a broader audience.

The oration shows that Piccolomini was quite familiar with the developments in humanist literature, and that he knew of this new oratorical genre, which was cultivated by a number of Italian humanists, including Leonardo Bruni, whom he much admired, Francesco Filelfo with whom he had some kind of amical relationship, and his Sienese friend Agostino Dati.

The stay in Naples was quite important for Piccolomini since it gave him the opportunity to establish friendly relations with King Alfonso and his humanist court something which was to become greatly useful to him later in his career.

During his voyage, Piccolomini received the news that Pope Nicolaus V, by a bull dated 23 September 1450, had transferred him from the See of Trieste to the See of Siena, where he made a triumphal entry on 12 January 1451. 3 1 One of the humanists who wrote a wedding oration is Poggio Bracciolini. His Oratio in laudem matrimonii of ca. 1458 (Poggio Bracciolini: Opera, II, pp. 907-915), written after Galeotto Manfredi had sent him a collection of wedding orations (p. 905), may to some extent have been inspired by Piccolomini's "Quamvis grandes materias" from eight years before. Poggio's oration is divided into sections on the vetustas, dignitas, and utilitas of matrimony, all major themes of Piccolomini's oration. Moreover, Poggio -like Piccolomini had done -praises the authority of antiquity, has God as the author of the marriage institution, and he uses the same quote from Gellius on Metellus' conception of marriage. These themes may have been commonplaces of humanist marriage oratory, but Poggio did consider Piccolomini to be a vir eloquentia praeclarus (op. cit., p. 792) and might conceivably have known and used his orations 2 D'Elia: The Renaissance, p. 1 3 Zimolo, p. 19, n. 1

Themes

The oration has three themes:

 Praise of the royal houses of the spouses  Praise of women  Praise of marriage All three themes belong the epithalamium genre as revived by the Italian Renaisasance humanists.

To these may be added the subtheme of sexuality, which forms part of the theme of marriage.

Praise of the two royal houses

Piccomini uses the rhetorical ploy of letting Leonora and Friedrich personally describe the glory of their respective houses. He had used a similar ploy in his oration "Audivi" [1] of 1436, where he let the Church speak, 1 and in his oration "Si putarem" [5] of 1444, 2 where he let God Himself speak, in a hearing before the imperial court where God naturally supported the cause defended by Piccolomini!

The praise of the two royal houses was quite conventional, not lacking in extravagance, though supported by historical fact.3

Women

Much more interesting was the praise of women, presented by Piccolomini as a compliment to the future empress, and possibly also to Lucrezia d'Alagno with whom King Alphonso was quite infatuated and who had almost queenly status at his court, while the queen herself resided in Spain.

Other Renaissance humanists had praised women, like Boccaccio, but in Boccaccio's case the praise went to extraordinary women whose virtue almost made them men. 4 In the preface to his De mulieribus claris (On Famous Women), he wrote:

If we grant that men deserve praise whenever they perform great deeds with the strength bestowed upon them, how much more should women be extolled -almost all of whom are endowed by nature with soft, frail bodies and sluggish minds -when they take on a manly spirit, show remarkable intelligence and bravery, and dare to execute deeds that would be extremely difficult even for men. 1 In other words, women are by nature inferior to men, and the best ones of them are those who have or develop masculine qualities. Boccaccio's editor/translator, Virgina Brown, has this comment:

It should be remembered, however, that this condescending manner of praising with faint damns is characteristic of the cultural legacy inherited by Boccacio from Antiquity and the Middle Ages. If such attitudes are Boccaccio's they are also attitudes common to the men of his time and education. In Boccaccio's defense it may be said that in certain respects he succeeds in escaping the prejudices of his sex and his sources. In general, he is much more expansive than his sources in praising women's intellectual powers or their literary accomplisments or their moral virtues or their artistic creations. 2 Piccolomini echoed this conception when in his De Europa from 1458, he wrote about queen Margaret the I of Denmark and Norway and her conflict with King Albrecht of Sweden in 1389:

Albert felt contempt for the government of his female neighbour and began to provoke war with Denmark and Norway. Margaret mustered her troops and came to meet him, and on a wide open plain they fought a battle which made it seem as if she had donned the spirit of a man and her enemy that of a woman 3 . Defeated, taken prisoner, and led in a triumphal procession, Albert lost his kingdom. 4 In general, Piccolomini undoubtedly shared a cultural conception of women as the weaker sex, dependent on men. In his first oration, the "Audivi" [1] from 1436 he quoted Homer, saying that silence makes a woman beautiful, but this does not apply to a man. 5 And in the moral dissertation/oration "Non est apud me dubium" [6], written in 1445 or 1446, some months before 1 Boccaccio, p. 6 2 Boccaccio, p. xix 3 tamquam ipsa viri, hostis feminae animum induisset, cf. Piccolomini: De Europa,33 (Opera omnia,p. 406). This is probably an indirect quote from Cicero, e.g. De officiis, 1, 61: vos enim juvenes geritis muliebrem, illa virgo viri 4 Piccolomini: De Europa, 33 (Brown, pp. 168-169) 5 This is a direct quote from Leonardi Bruni: De Militia, 1422, p. 384 Piccolomini became a priest, he said that men were the superiors of women, quoting the Bible in support:

It only remains to say something about women: they have their husbands as superiors. Therefore, listen, good women, for this part concerns you closely: be submissive to your husbands; do not oppose their demands; avoid disagreements, quarrels, and disputes. For thus writes Paul to the Colossians: Wives, be subject to your husbands, as it behooveth in the Lord. When he says 'in the Lord', he banishes all that is disgraceful. And again he says to the Corinthians: A woman is bound by the law as long as her husband liveth: but if her husband die, she is at liberty from the law of the husband. And again to Timothy: But I suffer not a woman to teach nor to use authority over the man: but to be in silence. [Sect. 119] And later, in the same oration:

Concerning wives, my command to you is the same as Paul's to the Ephesians: Husbands, love your wives, as Christ also loved the church and delivered himself up for it. This is a very important saying, beloved, for although it is proper that your wives be subject to you, it is not right for you to rage and be violent against them, but, as Paul commands, you ought to love them as your own bodies. He that loveth his wife loveth himself.

And if your wife is shrewish, garrulous, and headstrong, you should not drive her away, but rather imitate Socrates. When he was asked by his friends to drive his quarrelsome wife, Xantippe, from his home, he replied: No, at home I learn how to behave in public. For as I suffer and learn to tolerate such a woman at home, I practice how better to bear up with other people's boisterous aggressiveness and abuse in public. [Sect. 135] And later again, with remarkable insistence upon the sexual equality (or mutual superiority) of the spouses:

Moreover, beloved, Paul says to the Corinthians: Because of fornication, let every man have his own wife: and let every woman have her own husband. Let the husband render the debt to his wife: and the wife also in like manner to the husband. The wife hath not power of her own body: but the husband. And in like manner the husband also hath not power of his own body: but the wife. [Sect. 137] These passages reflect traditional cultural and religious conceptions of women's lower status in relation to men, but they are not misogynistic.

Indeed, in this oration from 1450 -inspired by other humanists -Piccolomini directly attacked the misogynistic view of women, handed down from philosophers of Antiquity and -mistakenly, he argues -from the Bible, and from the Fathers and Doctors of the Church.

His argument falls in three parts:

The philosophers of Antiquity simply spoke foolishly and hypocritically for they did not themselves follow their own philosophical advice, men were generally worse than women, and the responsibility of marital failure was usually that of the man.

As for the Bible, the negative statements on women do not concern women in general, but certain evil women. Otherwise, the Bible contains many examples of excellent women.

As for the church fathers, their negative statements usually have the purpose of exhorting men who had promised to live in chastity, e.g. monks, to beware of seductive women, and -as was the case for the Bible -do not concern women in general. And the chastity problem works both ways: celibate women, too, should beware of the temptations of the opposite sex.

In this text, Piccolomini was the spokesman for a new view of woman, in complete contrast to the traditional, misogynistic view, which he actually seems to have shared in his younger days, especially concerning their fickleness and infidelity.1

Marriage

Marriage is treated under three headings: its dignity, its benefits, and its joys.

Its dignity is derived from its having been created and honoured by God. Its benefits consist in its being the institution that keeps society and families together and ensures the preservation and the propagation of the human race. And its joys are the comforts and the love offered by one's wife, the delightful children, and the sexual pleasures.

Sexuality

Before he became a priest, Piccolomini had a free and uninhibited conception of sexuality, strongly at variance with church doctrine, and indeed he himself had extensive sexual experiences with women, married and unmarried, as reflected in his numerous erotical writings from that period.

A summary of his views is given in a letter he wrote to his father in Siena in 1443, at the age of 38:

Certainly, you begot no son of stone or iron, being flesh yourself. You know what kind of rooster you were. I am no eunuch, nor one of the frigid. Nor am I a hypocrite, wishing to seem, rather than to be, good. I will admit my error freely because I am neither more holy than David, nor wiser than Solomon. This fault is ancient and entrenched, but I do not know anyone who lacks it. It is quite clear that this plague, if it is a plague to use nature's 1 giftsalthough I do not see why sexual intercourse ought to be condemned so much -is broadly compatible with nature, which does nothing wrongly. In all lovers it arouses this appetite so that the human race will be continued. 2 3 In his early 40's, Piccolomini experienced a gradual waning or rather failing of his sexual powers and desires, which was on the one hand quite painful to him, but on the other hand freed him of the happy, licentious ways of his youth, made it possible for him to sincerely embrace the deeper religious sentiments of his mature years, and opened the path to priesthood and a religious career. At that time his thoughts on sexuality were dark and bitter as witnessed in a letter to his friend Johann Vrunt in 1446:

What is fornication other than death? … How brief is the pleasure which is experienced with women? What momentary joy! Is he not a fool enough who, for the sake of temporary and momentary things, squanders things eternal? … Dearest brother, I am full, stuffed. Venus makes me nauseous! It is also true that my powers have declined. I am sprinkled with gray hairs; the muscles are withered; the bones, rotten; the body is shrivelled with wrinkles.

Neither am I able to bring pleasure to a woman; nor is a woman able to bring pleasure to me. … To me, by Hercules, there is too little merit in chastity. For in truth, I might declare that 1 In other contexts, Piccolomini equalled nature with God in the sense that nature was God's own creation, but he did not dare to do so in the present context, since that would be to directly negate the Church's view of sexual morality 2 Reject, p. 160 3 See D'Elia: Renaissance, p. 103: The future pope thought sexual passion to be natural and good even outside marriage Venus more has run away from me than I from her. But I carry, on, by God's grace, because there remains no more appetite than power to sate it. 1 This dark mood is completely absent from his oration in Naples: one might conjecture that he now fondly remembers his former lovers as partners in delights offered by nature for the propagation of humankind, and not as the revulsive seductresses of innocent young men: It as great, powerful pleasure and a great, exultant joy that unites two bodies in one flesh. [Sect. 13] As for the sexual pleasures in marriage, a similar development seems to have taken place. In the sermon written shortly before his becoming ordained, the "Non est apud me dubium" [6],

Piccolomini told his future parishioners that … when the spouse cannot be continent, then the debt must be rendered. Not without reason does he say 'debt', which means that it cannot be avoided. But if anybody uses marriage for pleasure and not for necessity, then he certainly does not avoid fornication, but actually commits it. [Sect. 137] Sex must not be enjoyable -even between married people.

Four years afterwards, in Naples, he had returned to his youthful conception of sexuality as legitimately pleasant -though now, bishop of Holy Church, he considered it as limited to marriage 2 :

But why quote human witnesses, where divine authority has spoken: the oracle of Genesis says that therefore a man shall leave father and mother, and shall cleave to his wife: and they shall be two in one flesh. It as great, powerful pleasure and a great, exultant joy that unites two bodies in one flesh. Aristophanes even thought that there was one soul in the two bodies. [Sect. 13]

Date, place, audience and format

The marriage negotiations in Naples ended on 10 December 1450, and Piccolomini delivered his oration on the same day. 1 The place was the great hall of Castelnuovo, and the audience was King Alfonso V, the royal court, and the ambassadors present. The format was an ambassadorial address to a princely audience.

Text 2

The oration "Quamvis grandes materias" was not included in the Collected Orations of Pius II, compiled in 1462 under his own supervision. It is not known why not, since he would probably be quite proud of having delivered an oration in the presence of King Alfonso and of his mission to Naples in the name of the emperor, and he even mentions that afterwards it was copied by many.

Maybe the conception of sexuality expressed in the oration was -at that time -too positive to fit an official collection of papal orations. Or the oration may simply not have been available at the time of the preparation of the anthology; maybe Piccolomini had lost his own copy while travelling.

Manuscripts 3

The text is presently known to be extant in the following three manuscripts:

 Firenze /

Contemporary sources: 0

It is quite probable that Piccolomini's wedding oration, including his praise of marriage and of sexual pleasure in marriage, 3 was inspired by other humanist cultivating this oratory genre, but to determine which authors and which orations would be the subject for further study.

Bibliography

Ady, Cecilia M.: Pius II (AEneas Silvius Piccolomini) -the Humanist Pope. London, 1913

Boulting, William: Aeneas Silvius (Enea Silvio de ' Piccolomini -Pius II). Orator, man of letters, statesman, and pope. London, 1908 Boccacio, Giovanni: De mulieribus claris. 1361-1362 1 Ars poetica 2 Epistolae: 1 3 See the studies of D'Elia  Giovanni Boccaccio: Famous women. Ed. and transl. by Virginia Brown. Harvard, 2001. (The I Tatti Renaissance Library; 1)

Bracciolini, Poggio: Opera omnia. A cura di R. Fubini. 4 vols. Torino, 19644 vols. Torino, -1969 Aeneae Sylvii Ad Alfonsum, Sapientem Siciliae Regem, super connubio Friderici et Eleonorae oratio gratulatoria 1 [1] {146r} Quamvis grandes materias -ut inquit Jeronimus -ingenia parva non sufferant, conandum tamen est 2 mihi, serenissime princeps rexque victoriossissime, quae per hos dies tuae majestatis auctoritate sponsalia sunt conclusa, his, qui adsunt, exponere, cum de rebus ad imperatoriam sublimitatem pertinentibus loqui nulli magis incumbat 3 quam legatis imperatoriis. Audiat 4 igitur tua serenitas, oro, audiant et circumstantes, precor, etsi non mihi -neque enim mereor -rei saltem, de qua sermo fiet, aures accomodent, quae magna est, admirabilis, rara, honestissima. De nobilissimo namque matrimonio loquar, altissimo, potentissimo, incomparabili.

[2] Regia virgo Romano imperatori promissa, Leonora infans Portugalliae, excellentissima nobilium 5 puellarum, neptis tua clarissima 6 , divo Caesari Friderico, Romanorum regi, Augusto, pio, felici atque triumphatori desponsata est. Ingens affinitas, potentissima parentela, generosissima conjunctio, ob quam causam divina res agitur, Deo nostro gratias reddimus, festam 7 haud injuria ducimus diem, exultamus, hilares omnes sumus, nec tantam amicitiam sine magno Christianae 8 religionis fructu conflatam esse putamus, in qua non solum res ipsa 9 matrimonii commendanda est, sed personae quoque 10 contrahentes ingentibus extollendae laudibus sese offerunt. De his ergo duobus dicendum est mihi, etsi rerum dignitatem mea magis attenuabit, quam explicabit oratio.

1 Aeneae … gratulatoria : Oratio eiusdem oratoris ad sacram maiestatem Aragonum incipit R; No title T 2 tamen est : est tamen T 3 incumbit T 4 audiet T 5 nobilis T 6 charissima FR 7 festum P, T 8 Christianitatis R 9 res ipsa : ipsa res R 10 quam T Enea Silvio's congratulatory oration to Alfonso, wise King of Sicily, on the marriage between Friedrich and Leonora 1. Introduction [1] Most Serene Prince and Victorious King, small wits cannot grasp great matters, says Jerome. 1Nonetheless -since it is primarily the responsibility of the imperial legates to speak on matters concerning His Imperial Highness -I shall attempt to address those present on the marriage contract concluded these days, on the authority of Your Majesty. So please listen, Serene Highness, and all you who are present lend ear to my speech, for though I do not myself deserve it, the matter on which I shall speak definitely merits it, as it is a great matter, wonderful, rare and most honourable. For I shall be speaking about a most noble, most high, most poweful and incomparable marriage.

[2] The royal maid, betrothed to the Roman Emperor, Leonora, Infanta of Portugal, most excellent of noble maidens, your noble niece, has been engaged to Holy Caesar Friederich, august, pious, happy and triumphant King of the Romans. This immensely important marriage bond, this most mighty kinship, and this most noble union are the reason that we are celebrating this holy service, that we are giving thanks to Our God, and that we are justly having this festivity, that we are all rejoicing and being happy. And we think that this great [bond] of friendship has the greatest importance for the whole Christian religion, and that not only the marriage itself, but also the persons contracting it should be extolled with immense praises.

So, these are the two subjects I shall be speaking on, though my oration may not be equal to the exalted matter at hand.

[3] Dicturus autem {146v} de bono conjugii necessarium arbitror eos prius refellere, qui genus omne feminarum maledictis compellationibusque probrosis insectari non desinunt. Namque cum matrimonium ex maris atque feminae conjugatione consistat, quae poterit laus illi competere, si una ex parte mancum claudumque fuerit? Non est haec 1 Danielis statua, cujus pedum pars quaedam 2 ferrea, pars fictilis 3 erat, nec bestiam contuemur Horatii, quae mulier formosa superne in atrum fingitur piscem desinere, sed rem veluti sacram sic ex partibus suis integram ac perfectam prosequimur. Audiamus tamen, quid adversus feminas afferatur, postea judicemus. 1 hic T 2 quidem T 3 fidelis T

Against misogyny

2.1. Marriage is a perfect union of male and female [3] As I am going to speak on the benefits of marriage, it is necessary -I think -first to refute those who consistently abuse the whole female gender with insults and disgraceful reproaches.

For as marriage consists in the union of male and female, how could it be praiseworthy if one of its parts were defective and imperfect? Marriage is not like Daniel's 1 statue, whose feet were made partly of iron and partly of clay. 2 Nor do we see it as that creature of Horace 3 whose upper part was that of a lovely woman and its lower part that of a fish. 4 No, we consider marriage to be sacred, complete, and perfect in its [two] parts. But let us hear what is being said against women and afterwards we shall judge the truth of the matter. 1 Prophet Daniel: (Bibl.) Main person of the Book of David. Probably never existed 2 Daniel, 2, 33: The statue is the statue that King Nabuchodonosor saw in a dream which Daniel interpreted 3 Horatius Flaccus, Quintus : Roman poet 4 Horatius: Ars poetica, 3-4 [4] Ajunt equidem in sacris eloquiis complurima 1 esse testimonia, quae mulieribus adversantur, rugire contra feminas Augustinum, Ambrosium, Jeronimum, Gregorium ceterosque doctores ecclesiae duros 2 in eas 3 . Vergilius, Juvenalis, totusque poetarum cuneus 4 asper, Cato saevissimus commemoratur: avaras 5 , instabiles, crudeles feminas esse affirmant. Adducunt exempla malarum, atque ab his clades exortas in medio proponunt. Post haec 6 philosophos citant, 7 8 qui de uxore ducenda consulti aut 9 dissuaserunt aut 10 suadere non 11 praesumpserunt, cum huic 12 orbi tantas 13 inde 14 molestias formidarent. Metelli quoque Numidici mentionem efficiunt, qui -ut est apud Gellium 15 de noctibus Atticis -Si 16 sine 17 , inquit uxoribus 18 possemus, Quirites, esse, omnes ea molestia careremus 19 ; sed quoniam ita natura tradidit, ut neque 20 cum illis satis commode, neque 21 sine 22 illis ullo modo vivi possit, saluti perpetuae potius, quam brevi voluptati consulendum.

Atque haec fere sunt, quae contra femineum sexum, contra 23 matrimonium, non justi aestimatores adducere consueverunt 24 .

1 cum plurima R 2 durus R, T 3 ea R 4 Enneus R 5 auras R 6 omit. T 7 ostendant T 8 atque ab his … citant omit. R 9 alit R; alii FR 10 alii … aut omit. FR 11 omit. T 12 hinc R 13 orbi tantam : orbitatem T 14 huic … inde : hinc orbitatem mole R 15 Gellum R; Gelus T 16 sed T 17 si sine : sisene R 18 inquit uxoribus : uxoribus inquit R, T 19 omit. P 20 nec FR 21 nec FR 22 sinem R 23 contraque T 24 consuerunt P [4] These people say that in the Holy Scriptures there are many negative statements on women, and that Augustine, 1 Ambrose, 2 Jerome 3 and Gregory 4 as well as other Doctors of the Church revile women and are harsh against them. They also point to Virgil, 5 Juvenal 6 and the whole fierce troop of poets, and especially to the relentless Cato, 7 claiming that women are greedy, fickle and cruel.

Traditional negative views on women

They mention examples of bad women and describe disasters caused by them. Then they go on to quote the philosophers who when they were consulted on marriage dissuaded it or would not dare to recommend it since they feared the resulting calamities for the world. They also mention Metellus Numidicus 8 who -according to Gellius 9 in his De noctibus Atticis -said that

If we could get on without a wife, Romans, we would all avoid that annoyance; but since nature has ordained that we can neither live very comfortably with them nor at all without them, we must take thought for our lasting well-being rather than for the pleasure of the moment. 10 And this is more or less what those mistaken censors usually have to say against the female gender and against marriage.

[5] Sed sunt haec omnia -nisi fallor -confutatu facilia. In primis enim, quod in sacris litteris adversus feminas traditur, de quibusdam 1 perversis accipimus. Fatemur enim et 2 in sexu 3 femineo malitiam reperiri, nihil 4 universaliter recipimus, alioquin et viros omnes damnare oporteret 5 . Nam etsi 6 de feminis scriptum est 7 : Unam in millibus non inveniri, de viris quoque in Psalmis legimus: Non est, qui faciat bonum, non est usque ad unum.

Et apud Satyricum 8 :

Rari quippe boni, vix sunt numero totidem 9 , quot Thebarum portae vel 10 divitis ostia Nili.

Et amplius sese cohaerens:

Egregium -ait 11 -sanctumque virum, si cerno bimembri Hoc 12 monstrum puero, et miranti jam 13 sub aratro Piscibus inventis, et 14 foetae comparo mulae.

1 quibus P 2 ut FR 3 sessu R 4 videlicet FR 5 opportet R 6 si R 7 omit. R 8 satirum P; satiarum R; sitirum T 9 boni … totidem : numero vix totidem sunt R, T 10 aut R, T 11 aut T 12 aut R; ut T 13 omit. R, T 14 ac R

Arguments against the traditional view

[5] But unless I am mistaken, all these opinions can easily be refuted. Firstly, that which is written against women in Holy Scripture only concerns certain wicked women. We admit that evil may indeed also be found in the female sex, but we do not, therefore, hold that all women are evil.

Otherwise we should also have to blame all men. 1 For though it is written about women that you cannot find one among thousands, 2 in the Psalms we also read about men that there is none that doth good: no not one. 3 And in the Satyrical Poet: 4 For honest men are scarce; hardly so numerous As the gates of Thebes, or the mouths of the enriching Nile. 5 And later he says, in the same vein:

If I discover an upright and blameless man, I liken him to a boy born half beast, Or to fishes found by a marvelling rustic Under the plough, or to a pregnant mule. 6 [6] Sancti vero doctores, dum feminas detestantur 1 , aut malas quasdam jure condemnant, aut castitatis promissores alloquuntur, quos 2 fugere mulieres abhorrereque suadent. Idem virginibus sacris Deo dicatis atque nuptis de virili sexu et saepe dictum est et saepius esset 3 dicendum. Continentiam namque professis viris feminae, et 4 feminis viri formidandi sunt hostes. Poetas nihil mirum est in feminas 5 debacchari 6 , nam viris quoque non 7 parcunt. Catoni magno satis apud Livium respondit Lucius Valerius, qui Legem Oppiam 8 iniquam 9 mulieribus obtinuit abrogari 10 . De criminibus nihil attinet disputare, quando haec eadem et multo 11 pejora in nostro sexu reperiuntur 12 . Nec malarum exempla me movent aut antiquae clades 13 humano generi per mulieres illatae. Namque si mulierum virorumque 14 turpia facta repetere, et a primo proditore Cain 15 usque ad sceleratissimum Judam, et in 16 hanc usque diem sceleratas 17 utriusque sexus actiones comparare voluerimus, innocentes respectu virorum feminas ostendemus 18 . Sed obstant angustiae temporis, indulgeo brevitati. 1 testantur T 2 quo R 3 esse T 4 omit. R 5 feminis P 6 et add. R 7 omit. T 8 optimam T 9 in quam R 10 obrogari P; obrigari R 11 multa T 12 reperiantur FR 13 classes R 14 mulierum virorumque : virorum mulierumque T 15 tam R 16 omit. R 17 sceleratus R 18 ostendimus R [6] As for the holy Doctors, when they express loathing of women or justly condemn some of them, they do so because they are adressing men who have promised to live in chastity, 1 urging them to flee and to abhor women. The same they say about men 2 to women consecrated to God and to married women. Indeed, it has been said often, and it must be said even more often! For men who have promised continence should fear women as enemies, and in the same way women [who have made the same promise] should fear men.

As for the poets, it is not strange that they attack women, for neither do they spare men. In Livy, 3 Lucius Valerius 4 answered the great Cato 5 quite properly -when he obtained the annulment of the Lex Oppia 6 -that it was very unfair to women. Concerning the crimes [of women] there is really nothing to discuss, for we men commit the same crimes, but much worse. Nor I am moved by the examples of wicked women or by the old disasters inflicted upon the human race by women. For if we should want to examine the evil deeds of women and men, from Cain, the first betrayer, to Judas, that heinous criminal, and compare the wicked acts of the two sexes done until this day, we would see that women are quite innocent compared with men. But as I am pressed for time, I shall be brief. 1 E.g. monks 2 I.e. that they should be fled 3 Livius, Titus (59 BC-AD 17): Roman historian 4 Lucius Valerius Flaccus (d. 180 BC): Consul of the Roman Republic in 195 BC. Censor in 183 BC 5 Cato the Elder 6 The Lex Oppia was a law passed in ancient Rome in 215 BC, at the height of the Second Punic War during the days of national catastrophe after the Battle of Cannae. It forbade any woman to possess more than half an ounce of gold, to wear a multi-colored garment or to ride in an animal-drawn vehicle in the city or any town or within a mile thereof, except in the case of public religious festivals. It was repealed by the Senate in 195 BC after a debate which had Lucius Valerius and Cato the Elder as protagonists [7] Ad philosophos venio, quorum nullus -teste Lactantio -sic vixit, ut scripsit. Quis fontem 1 eorum 2 ac verticem, ex 3 Apollinis testimonio sapientissimum, Socratem conjugio detrahentem aequis auribus audiet 4 , cum is 5 non contentus una, duabus sese uxoribus commiscuerit? Melius quippe -me judice -silerent obtrectatores feminarum, quam sine fundamento loquerentur, qui, dum Metelli auctoritate se juvant, nesciunt illum doctorum virorum judicio damnatum 6 , ut qui nec 7 vere nec ad suadendum apte sit orsus. Existimaverunt enim prudentiores, contra potius orationem debuisse sumi 8 , ut nullas plerumque esse in matrimoniis molestias 9 asseveraret 10 . Et si quae 11 tamen accidere 12 nonnumquam 13 viderentur 14 , parvas ac 15 leves, facilesque esse toleratu diceret 16 , majoribusque eas emolumentis et 17 voluptatibus oblitterari, easque 18 ipsas neque omnibus neque naturae 19 vitio, sed quorundam maritorum culpa et injustitia evenire. Sed facio verbis modum 20 , quando res nota est, et viros bonos et mulieres 21 {147v} inveniri probas, ex quibus esse justa, sancta et honestissima conjugia possunt 22 . 1 frontes R; frontem P, T 2 omit. T 3 et P, R, FR 4 audiat T 5 his T; Xantippe P, FR 6 reprehensum T 7 ne P 8 summi R 9 molestas R 10 asseverarent R 11 omit. P, FR 12 accedere FR 13 numquam T 14 videretur R 15 et R 16 dicerent R 17 ac FR 18 easdemque FR 19 animae R 20 modo T 21 mulieribus P 22 possint FR [7] I now come to the philosophers of whom, according to Lactantius, 1 no one lived as he wrote.

Who can calmly hear that Socrates, 2 the source and summit of philosophers, and according to Apollo the wisest them, 3 failed in his marriage and had two wives, not being content with one? 4 5 In my opinion, the maligners of women should remain silent rather than speak foolishly. And those who rely on the authority of Metellus do not know that he himself was condemned by learned men 6 as one whose advice was neither truthful nor appropriate. And wiser men have thought his speech ought rather to have taken just the opposite tone, insisting that as a rule there were no annoyances in matrimony, and if after all they seemed sometimes to arise, they were slight, insignificant and easily endured, and were completely forgotten in its greater pleasures and advantages; furthermore, that even these annoyances did not fall to the lot of all or from any fault natural to matrimony, but as the result of the misconduct and injustice of some husbands and wives. 7 But I shall say no more about this, since it is well known that there are decent men and good women who can have fair, holy, and honourable marriages.

1 Lactantius (ca. 240-ca. 320): early Christian author 2 Socrates (ca. 469-399 BC): Greek philosopher 3 Diogenes Laertius: The lives of eminent philosophers / Socrates: These and the like were his words and deeds, to which the Pythian priestess bore testimony when she gave Chaerephon the famous response: Of all men living Socrates is most wise. Piccolomini may not have known the text of Laertius directly 4 Diogenes Laertius: The lives of eminent philosophers / Socrates: Aristotle says that he married two wives; his first wife was Xanthippe, by whom he had a son, Lamprocles; his second wife was Myrto, the daughter of Aristides the Just, whom he took without a dowry. By her he had Sophroniscus and Menexenus. Others make Myrto his first wife; while some writers, including Satyrus and Hieronymus of Rhodes, affirm that they were both his wives at the same time. For they say that the Athenians were short of men and, wishing to increase the population, passed a decree permitting a citizen to marry one Athenian woman and have children by another; and that Socrates accordingly did so 5 The theme of Socrates' marriage situation was frequently used in humanist wedding orations, cf. D'Elia: Renaissance, p. 83 6 Metellus was condemned to exile not for a crime, but as an oppponent of Marius 7 Gellius, 1.6.3. Here, Piccolomini might have remembered a case of wife beating leading to the breakdown of the marriage, which he came across early in his ecclesiastical career, occasioning a letter to Heinrich Stotter, in October 1446, in which he wrote: Verum mariti quidam adeo duri, asperi, crudeles ferique reperiuntur, ut non sociam divine et humane domus uxorem suam putent, sed etiam tanquam servam et vile quoddam mancipium teneant, nunc injuriantes verbis nunc factis. Caedunt pauperculas feminas, lacerant, cruciant mortemque minantur. Hinc plures viros suos deserunt, cumque victu careant, aliorum virorum, a quibus commercia suscipiunt. Que res non tantum ipsis mulieribus -nam leves sunt, fragiles, timide -quantum ipsis viris imputandum est (Wolkan,II,III, [8] Nunc de bono matrimonii perpauca libanda sunt, in quo mihi tria 1 praecipue 2 commendanda videntur: honesta dignitas, grandis utilitas, dulcis jucunditas. Insunt enim haec omnia matrimonio: quaeramus haec tria.

[9] Illa 3 meo judicio digniora videntur, quae sunt antiquiora, quaeque praestantiores inveniuntur auctores habere. Matrimonium vero et 4 antiquissimum est, quippe quod in primis parentibus coepit, et 5 nobilissimum habet auctorem, Deum patrem omnipotentem totamque trinitatem, cum -teste Jeronimo -tunc matrimonium 6 sit institutum, cum dominus ait 7 : Crescite, et multiplicamini, et replete terram.

1 mihi tria : tria mihi P 2 tria praecipue : precipue tria T 3 tria P; omit. R, T 4 omit. T 5 ac FR 6 tunc matrimonium : matrimonium tunc FR 7 omit. R [8] Now we must say a little about the benefits of marriage. It seems to me that there are three things to recommend in marriage: the honourable dignity, the great benefits 1 , and the sweet joy. All these are to be found in marriage. Let us now examine them individually.

Marriage

3.1. Dignity of marriage [START_REF][END_REF] It seems to me that the most valuable things are those which are found to be the oldest 2 and have the most eminent authors. Marriage is indeed a very old institution since it began with our first forefathers. It also has the noblest possible author, God, the Omnipotent Father, and the whole Trinity. For, according to Jerome, marriage was instituted when the Lord said:

Increase and multiply, and fill the earth. 3 Genesis, 1, 28 [10] Neque enim, ut Athenienses arbitratri sunt, eorum vetustissimum regem inventorem nuptiarum dicimus esse Cecropem, quem propterea bimembrem figuravit antiquitas, quia primus omnium marem 1 feminae legitime conjunxit. Longe ante conditas Athenas, in ipso mundi nascentis initio non homo, sed Deus, non creatura, sed creator, rector et conditor orbis 2 matrimonium consecravit 3 , cujus tanta dignitas est, ut semel contractum 4 dirimi nequeat, dicente scriptura: Quod Deus conjunxit, homo non separet. Conjuncti namque divino nutu creduntur, quicumque matrimonium rite contraxerunt. Hinc mater ecclesia, dux morum, magistra vitae, nuntia 5 veritatis 6 , inter maxima sacramenta, quibus utitur veluti divinitus revelatis, matromonium annumeravit 7 .

Hinc dominus et 8 salvator noster 9 , Deus homo, Christus 10 Jesus 11 , et nasci ex nupta et interesse nuptiis 12 voluit, ac primo, quod fertur patrasse, miraculo conjugium honorare.

[11] Dignitatem tenemus, investigemus utilitatem, sed haec intellectu quam dictu facilior. Nam quae res est, quae domos, quae civitates, quae provincias, quae regna, quae genus humanum conservat nisi matrimonium? Quid sunt aliud nuptiae 13 nisi seminarium reipublicae? Quid 14 familias jungit 15 ? Quid 16 gentes propagat 17 ? Quid 18 populis aeternitatem nisi matrimonia largiuntur? Quae pax, quae fides, quae caritas inter mortales esset, si more Platonis 19 absque legitimis nuptiis viveremus passim feminis 20 abutentes 21 ? Omitto infinitas utilitates, quas privata domus ex matrimonio elicit.

1 mare R 2 omit. T 3 consecrat T 4 conjunctum FR 5 nuptia P, R 6 veritas R 7 revelavit FR 8 ac R 9 omit. P, FR 10 et add. T 11 omit. T 12 nupte R 13 quid sunt … nuptiae omit. R 14 quis P, R, FR 15 jungitur R 16 quis P, R, FR 17 propagatur R 18 em.; quis R, T, FR 19 Platonico T 20 feminas P 21 abeuntes R [10] For, contrary to the opinion of the Athenians, we do not say that Cecrops, 1 their king in very old times, was the one who instituted marriage (which is why, in Antiquity, he was depicted as having two parts 2 ), being the first who joined male to female in a legitimate union. Indeed it was long before the foundation of Athens, in the very beginning of the world, that God himself and not a man, the creator and not someone created, the ruler and founder of the earth, consecrated marriage whose dignity is so great that once it has been made, it cannot be unmade, as Scripture says: What God hath joined together, let no man put asunder. 3 Those who are legitimately joined in marriage are considered to be united with God's assent. Therefore, our Mother the Church, governor of morals, teacher of life, messenger of truth, considers marriage as one of the greatest of the divinely revealed sacraments that she dispenses. And therefore Jesus Christ, Our Lord and Saviour, Man and God, desired to be born of a married woman and to participate in weddings as well as to honour marriage with the first miracle he is said to have performed. [11] Having heard about the dignity of marriage, let us now examine its benefits, though these are easier to understand than to state. For what is it that sustains homes, cities, provinces, kingdoms, and even the human race itself, if not marriage? What is marriage other than the seedbed of human society? What unites families? What makes peoples grow? What permanence will peoples have if they do no have marriage? What peace, what faith, what love would there be among humans 4 , if we lived without legitimate weddings -as Plato 5 wanted to, abusing women all the time? 6 I shall not even mention the countless benefits that the private household gains from marriage.

Benefits of marriage

1 Cecrops: mythical King of Athens 2 i.e. the upper part male and the lower part fish or snake 3 Matthew, 19, 6 4 "mortals" 5 Plato (428/427 or 424/423 BC-348/347 BC): Greek philosopher. Student of Socrates 6 Plato on having women in common, see Plato: Republic, 5.449c ff., 457d ff., 461e ff., 464b ff. See also: Aristotle:

Politica, 2.1.(1261a): For example, it is possible for the citizens in Plato's communistic Republic to have children, wives and possessions in common with each other, as in Plato's Republic, in which Socrates says that there must be community of children, women and possessions 3.3. Joys of marriage [12] I pass quickly to the joys of marriage. May joy be found in marriage? [Indeed!] Both in his Politics and in his Ethics, Aristotle, 1 the most brilliant of philosophers, writes that there is joyful friendship between spouses. From the founding of Rome until 500 or -according to Tertullian 2 -600 years afterwards, no divorce occurred, 3 so great was the joy in marriages. Can there be anything sweeter, more delightful, and more joyous than the life of the man who has got an obliging and fertile wife? When he comes home, leaving the buzz of the marketplace, the wearisome business of the court and the labours of state, he finds true comfort and a true lover in his companion in a divine and human household, and he sees sweet children, a delight to himself and their mother: is it not for them that he toils, and gathers, and lives, and in whom he will live on after death? [13] But why quote human witnesses, where divine authority has spoken: the oracle of Genesis says that therefore a man shall leave father and mother, and shall cleave to his wife: and they shall be two in one flesh. 4 It as great, powerful pleasure and a great, exultant joy that unites two bodies in one flesh. Aristophanes 5 even thought that there was one soul in the two bodies.

I have now said enough about the benefits 6 of marriage.

1 Aristotle (384-322 BC): Greek philosopher 2 Tertullianus, Quintus Septimius Florens (ca. 160-ca. 225 AD): early Christian author from Carthage. Quotation not identified 3 Valerius Maximus, 2.1.4: Repudium inter uxorem et virum a condita urbe usque ad vicesimum et quingentesimum 3 annum nullum intercessit (From the founding of the city down to its five hundred and twentieth year there was no case of divorce between man and wife) 4 Genesis 2, 24 5 Aristophanes (446-ca. 386 BC): Greek playwright from ancient Athens. Quotation not identified 6 "bono" [14] Jam postremo loco quales quantaeque sint personae contrahentes intuendum 1 est praesentique contioni brevissime referandum 2 . Neque enim de plebe sunt, neque de communi 3 fortuna, sed de sublimi celsoque statu, quae contrahunt. Regius sanguis et imperatorius in conjugium venit. Attenuabitur rerum dignitas, si meis verbis personarum excellentiam conabor explicare. Longe melius eas ipsas audiemus de se suisque meritis disserentes. Fingamus igitur 4 praesentes esse 5 , qui nuptias celebraturi sunt: loquatur 6 de se regia virgo, loquatur et Caesar, suasque dignitates enumerent.

[15] Dic tu, Leonora, quae nubis, quid 7 dotis 8 affers, quid expetibile tuum narras, quo pacto divo Caesari placuisti 9 ? Audire te cupimus. Non sine causa tantus te princeps adamavit 10 : audite, proceres, audite, omnes: jam virgo loquitur. "Ego" -inquit Leonora -"ex alta Portugalliae domo sum nata, ex antiquissima regum stirpe, patre rege, regina matre 11 . Clarissimum genus est meum, sive temporis vetustatem, sive majorum gesta requiris: infinitis jam saeculis sanguis meus regnat; invicti 12 virtute progenitores fuere belli domique. Testis victoriarum est Hispania tota, in qua nullus est angulus, {148r} quem nostri 13 majores 14 armis non penetraverunt 15 , sive dum barbaros insequuntur, sive dum Christianos domo propulsant injusta bella moventes.

4. The royal spouses [14] And now, in the last place, we shall see of what kind and how great are the personages contracting this marriage, as I shall briefly relate to the present assembly.

The two people who enter this marriage are neither of the common people nor of common destiny. No, they are born to a high and exalted state. Royal and imperial blood will become united in this marriage. If I attempt to describe in my own words the excellence of these two persons, I shall not be able to do justice to the their lofty status. It will be far better to hear themselves speak about their own and their family's merits. So let us imagine that the two betrothed are present: the royal maid will speak about herself and describe her exalted status, and so will the emperor.

4.1. Leonora [15] And first you, Leonora, now that you are getting married, tell us what gifts and desirable [qualities] you bring to this marriage and how you have pleased the emperor. We wish to hear you. Not without reason does this great prince love you. So listen, nobles, and hear, all of you, for now the maiden speaks.

"I," Leonora says, "am born to the exalted House of Portugal, an ancient line of kings. My father was a king 1 and my mother a queen, 2 and my family was illustrious both if you consider its age and the deeds of our forefathers. My family 3 has ruled for countless centuries, and my forebears were never defeated abroad or at home. The whole of Spain4 is witness to our victories for our forefathers have reached its every corner with their armies whether they pursued the barbarians or drove Christians waging unjust wars from their homes. [16] Recens est adhuc 1 memoria classis illius, cum qua meus avus in Africam transiens 2 felici magnoque proelio Saracenos exturbavit 3 , urbem Ceptam 4 expugnavit 5 , ac nostris fidelibus coloniam deduxit, ubi adhuc invitis frendentibusque barbaris salutiferae crucis objecta sunt signa. Haec est paterna haereditas omni patrimonio praestantior, si melius est, ut inquit Sapiens, nomen bonum, quam divitiae multae. Fuerunt et genitori meo cum potentissimis Castellae atque Angliae regibus consanguinitatis strictissima vincula. Idem 6 , ut erat fama potens, virtute potentior, amitam meam cordatissimam et sapientissimam principi 7 famosissimo, Burgundiorum duci, in matrimonium collocavit. [17] Sed accipe nunc maternam gloriam. Duo mihi ex 8 matre sunt 9 avunculi, reges ambo. Sed qui reges? Alter Navarrae praesidet, virtute ac nomine clarus. Alterum archiregem melius appellaverim, cum non solum apud Hispanos, sed apud Italos, Siculos, Sardos, Majoricos, Minoricos 10 regna possideat. Praetereo vetustos domus Aragonum 11 proceres in omne saeculum fama 12 colendos. Unus nobis ad gloriam satis Alfonsus erit, cujus invicta virtus, insuperabilis 13 constantia, novercantem sibi fortunam non solum vicit, sed amicam blandientemque reddidit. [16] Still the memory lives of the fleet with which my grandfather, 1 crossing the sea to Africa, destroyed the Saracens in a great and victorious battle, took the city of Ceuta, and gave it as a colony to the Christians, where still today the banners of the lifegiving crucifix stand in front of the hostile barbarians, gnashing their teeth. This is my paternal inheritance, a better one than all others, if, as the Wise One says, a good name is better than great riches. 2 As for my father, he had the closest family ties with the mighty Kings of Castile 3 and England. 4 And as he was great in name, and even greater in virtue, he gave my prudent and wise aunt 5 in marriage to that famous prince, the Duke of Burgundy. 6 [17] But hear now about the glory of my maternal line. I have two maternal uncles, both kings. But what kings? The one rules Navarra, 7 famous for his virtue and name. The other I could better call an archking since he possesses kingdoms in Spain, Italy, Sicily, Sardinia, Majorca and Minorca. 8 I pass over the noble scions of the ancient House of Aragon whose fame should be admired in every age. One man is enough for us to demonstrate the glory of this house: Alfonso whose unvanquished courage and undefeatable steadfastness not only overcame fickle fortune, but made it smile at him and favour him. 1 Joao I of Portugal (1358Portugal ( -1433)). King from 1485 until his death. Conquered the African city of Ceuta in 1415 2 Proverbs, 22, 1 3 Leonora' sister, princess Isabella, married Juan II of Castile in 1447 4 Joao I married Philippa of Lancaster in 1385 5 Infanta Isabella (1397-1441) 6 Philippe III le Bon (1396-1469): Duke of Burgundy from 1419 to his death 7 Juan II (1398-1479): King of Navarra from 1425 and of Aragon from 1458 until his death. Brother of Alfonso V of Aragon 8 Alfonso V the Magnanimous (1396Magnanimous ( -1458)): King of Aragon, Valencia, Majorca, Sardinia and Corsica, Sicily and Count of Barcelona from 1416, and King of Naples (as Alfonso I) from 1442 until his death [START_REF]3 dilectior est 4 ? Quis nostro saeculo praeter hunc unum 5 favet ingeniis? Quis justior, quis liberalior, quis animo majori regnat? An solus hic ex principantibus est, qui neque secundis rebus intumescit, neque destituitur adversis? Verus fortunae domitor et nostri gloria saeculi 6 , qui non minori perseverantia Neapolim cepit, quam Graeci duces 7 Trojam 8 expugnaverunt 9 . Ostendi tibi dotem 10 meam ex paterna maternaque domo non parvam gloriam[END_REF] Which harbours, which islands, which countries, which coasts has he not gone to, in arms and victorious? Where in the world is the name of Alfonso unknown? Who has greater knowledge of the arts of war and peace? Who is more beloved by his own subjects as well as by foreigners? Who in this century has greater intellect? Who is more just, and more generous, and who reigns more magnanimously? Isn't he the only prince who does not become arrogant in good times and depressed in bad times? Truly, he has tamed Fortune and is the glory of our time, he who conquered Naples with a tenacity that was just as great as that of the Greek leaders when they conquered Troy.

I have now shown you the bridal gifts I bring with me from my paternal House and the great glory of my maternal House.

[19] If you wish to know about my appearance and my character, I prefer others to speak about me. Surely, the imperial ambassadors, who saw me two years ago, will have reported back to their prince about my face, stature and features. If I had not pleased them, they would not have proposed me. I have grown up among women of great modesty and authority, and I do not think that I am in any way inferior to my ancestors or that I have displeased my teachers. Therefore, I believe that I come to this marriage as a highly suitable [bride], distinguished by my paternal and maternal titles, and with my maiden chastity, my exquisite beauty, my good character, and the immense glory of my illustrious House." [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF] Audivimus regiam virginem -ut mea fert 1 opinion -dotes egregias afferentem. Audiamus 2 , si placet, et 3 sponsum. Dic tu, Friderice, quibus rebus has 4 nuptias exornabis, unde tibi regiam virginem postulas, tam generosam, tam formosam, tot dotibus eminentem? Magnum esse oportet, quem tali matrimonio 5 dignemur. Attendite, praesules, adhibete aures, viri praestantes. Jam, Caesar, respondet 6 : "Fateor" -inquit -"vera esse, quae sponsa narravit, majoraque 7 mihi de suo genere persuadeo, quam dicta sint 8 , formam ejus, quantum 9 relatu didici, complector et amo, mores ejus accepi regios esse dignosque sanguine suo. Ceterum nec ego inglorius uxorem ducam. De meis moribus aliorum esse, non 10 meum judicium 11 volo. Vixisse tamen me 12 sic 13 hactenus arbitror 14 , ut meis progenitoribus inferior videri non debeam 15 , sed malo de illis quam de me verba facere. [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF] We have now heard how the royal maid brings -as I believe -outstanding gifts [to the marriage]. So now, if you please, let us hear the bridegroom. Tell us, Friedrich, about the distinction you bring to this marriage, and why you claim this royal maiden, so noble, so beautiful, and so eminently gifted. It must be something great to be worthy of such a marriage. Listen, prelates, and lend your ear, nobles! Now, the emperor answers:

Friedrich

"I confirm the truth of what my bride has said, though I believe she has understated the exalted position of her family. I embrace and love her beauty that I have heard so much about, and I know that her manners are royal and worthy of her blood.

I, too, am not a spouse without glory. I will not judge my own character, I leave that to others. But I believe that until now I have lived in such a way that I would not appear to be inferior to my ancestors; but I would rather speak about them than about myself.

[21] Stirps mea vetustior est quam repeti possit, ducalis, regia, imperatoria, ex qua viri fortes [21] My ducal, royal, and imperial lineage is so old that it defies description. From it have issued many strong men, warlike dukes, just kings, and magnanimous emperors. They ruled the flourishing region of Austria, a principality stretching from Savoy to Hungary and from Illyricum to Burgundy. They also, for a time, ruled Bohemia, once a noble, prosperous, and golden kingdom. Also savage and uncouth 1 Poland was for a time governed by them. And the seven populous, large, and wealthy regions 2 of Hungary were under their sway. Finally, they also governed for many centuries the Roman Empire, with great distinction to our family. And in a great battle they defeated, 3 routed, and killed the enormously rich and mighty King Ottokar, 4 hateful to God and men, who against law and justice had conquered all the lands from the Adriatic Bay to the Northern Sea and mocked the Roman Empire.

1 "virosa" = smelly 2 "ditiones" 3 1278 4 Ottokar II (c. 1233 -1278): King of Bohemia from 1253 until his death [START_REF]Pasce oves meas. Et iterum: Tibi dabo claves regni caelorum et quodcumque ligaveris super terram, erit ligatum et in caelis, et quodcumque solveris super terram[END_REF] Rudolfus nostrae domus princeps, qui primus in possessionem Austriae venit 12 propagando FR 13 gesserit R; gesserint P, FR [START_REF]Pasce oves meas. Et iterum: Tibi dabo claves regni caelorum et quodcumque ligaveris super terram, erit ligatum et in caelis, et quodcumque solveris super terram[END_REF] Rudolf1 was the first prince of our House who came into possession of Austria. His leadership and fame were so great that he was elected Roman Emperor, and his reputation for strength and courage was sufficient to subdue anybody in Germany plotting rebellion against the empire. Just as great was Albrecht I. 2 When many German princes wanted Adolf of the House of Nassau 3 to rule and shamefully pass over our house, he did not suffer imperial rule to pass to another family, but declared war. On the appointed day he arrived with his army, he had the standards brought forward, and in a ferocious battle he defeated, vanquished and killed the usurper of the empire, and restored the House of Austria to its former dignity. I pass over Emperor Friedrich 4 and my grandsire, Leopold, 5 two thunderbolts of war. [24] Our forefathers married women from the exalted Houses of France, Aragon, Hungary, Naples, England, Poland, and all the other Christian nations. Following this marriage tradition, I am now contracting a marriage with the House of Portugal and Aragon. It is not just one realm or just one province that I am bringing with me into that relationship, but Germany, overflowing with an immense multitude of peoples, princes, and prelates. Indeed, the whole of Germany comprises more than half of the Christian world and is rich in dominions, men and military power."

Conclusion

[25] Great King, you have now heard the words of the bridegroom and the bride. I believe that all those who are present understand the high dignity of this marriage: indeed it is the most noble, the most powerful, the most honourable marriage, and the most beneficial to Christendom that can be arranged, if you add virtue to virtue, nobility to nobility, power to power, greatness to greatness, and highness to highness. From the one side the German princes and from the other side the Spanish nobles join each other in this bond of marriage, sympathy and friendship.

It now only remains to give eternal thanks -as we are doing now -to Merciful God, the mover of all, and to Your Majesty, who is the author of this matter. We all pray to Heaven that this may be a happy and enduring marriage for the spouses and a blessing for the Christian Commonwealth. Praise be to Jesus Christ, our God.

6.

Verses in praise of King Alphonso [START_REF]Vivere 1 te cupimus longos, Alphonse, per annos, Aurea quo nobis saecula rege patent[END_REF] We wish you will live, Alfonso, for many years.

Context 1

In October 1450, Emperor Friederich III sent a seasoned diplomat and specialist in Italian affairs, Enea Silvio Piccolomini, Bishop of Trieste, 2 to Italy with a double mission: one was to negotiate the contract of marriage between the emperor and Princess Leonora of Portugal in Naples, 3 and the other was to reach an agreement with the pope concerning the emperor's coronation in Romeand to obtain guarantees of the emperor's safety from those states he would be passing through.

Obtaining such guarantees was not necessarily an easy task: many Italian states, nominally under the empire, had over the centuries achieved effective independence and were ruled by their own princes and oligarchs. In view of past events, all Italian powers, including the pope, grew extremely nervous whenever a German emperor planned to visit his Italian realm.

The papacy itself was undergoing a period of restoration after the end of the rump council in Basel and the abdication of its antipope, Felix V, in 1449. By 1450, the situation had stabilized to such an extent that the pope could celebrate a Jubilee Year which attracted many thousands of the faithful to Rome to obtain the generous indulgences connected with a jubilee and to venerate the saints.

While things were brightening up for the papacy, there was, however, one dark cloud on the horizon. As part of the agreements leading to the abdication of the antipope and the end of the schism, Pope Nicolaus had promised the French King, Charles VII, to hold an ecumenical council on French territory, possibly in Toulouse. In his De rebus Basiliae gestis commentarii, from the same year as the oration "Fateor", Piccolomini had written that as part of the negotiations on ending the Basilean schism, Nicholas would call a council in the Kingdom of France a year after the Jubilee, 4 if the other princes agreed. 5 If such a council were to take place, the pope would undoubtedly come under pressure to grant important concessions such as recognizing the Pragmatic Sanction of Bourges. 6 And in view of what had happened at the two former councils, in Konstanz (1414Konstanz ( -1418) ) and Basel (1431-1439), which had both deposed the reigning popes, the papacy was really not inclined to repeat the conciliar experience at that time. 1 Ady, p. 112; Baldi, pp. 175-177; Boulting, p. 185-186; Mitchell, p. 108; Pastor, I, pp. 368; Stolf, p. 243; Voigt, III, pp. 18-21; 2 While travelling, Piccolomini was transferred by Pope Nicolaus V from the See of Trieste to the See of Siena, his home city 3 See oration "Quamvis grandes materias" [14] 4 I.e. in 1452-1453 5 Piccolomini: De rebus (Reject, p. 386) 6 In practice, the Pragmatic Sanction of Bourges, approved by King Charles VII in 1438, in many ways -and especially financially -made the French Church free of the pope When the marriage negotiations in Naples marriage were concluded on 10 December 1450, Piccolomini proceeded to Rome where he arrived before Christmas, in time to witness the presentation of the apostolic sword to the emperor's brother, Duke Albrecht of Austria.

He was received by Pope Nicolaus V, an old colleague and friend, during a papal consistory at which occasion he gave the oration "Fateor".

The main subject of the oration was a formal request of the emperor to be crowned in Rome by the pope, presented by Piccolomini in his capacity as imperial ambassador. To this was added a brief announcement of the conclusion of the imperial marriage contract in Naples, and -more importantly -a request on behalf of the emperor to postpone the promised council until after his own coronation and to hold it in a German city. The report of the ambassador clearly confirms that Piccolomini delivered the oration "Fateor", that it was the Early Version of the oration (including the sections on the council and on the imperial marriage, omitted in the Final Version) which was delivered by him, and that the Milanese ambassador considered the imperial ambassadorial message to be highly important.

In his Historia Austrialis (finished in 1458 2 ) Piccolomini wrote about the event, without mentioning the oration as such:

The legates 3 then went to the Roman Pontiff. Having informed His Apostolic Piety of the Emperor's intentions concerning the contracted marriage and his desire to be crowned, they asked for the pope´s advice about the time and route for the emperor's travel to Rome. 4 And in his Commentarii he later wrote, in 1463-1464:

Leaving Naples around the end of the jubilee year, he returned to the pope. At a public consistory he announced that the marriage had been arranged and that the emperor would come the next year to be crowned; he also argued against granting the request of the French for a council in France. Present on this occasion was the emperor's brother, Duke Albert of Austria, who on Christmas night was presented with the apostolic sword. 5 Of Piccolomini's contemporary biographers Campano does not mention the event, but Platina wrote: Having returned to Rome, he spoke with [Pope] Nicolaus about matters pertaining to the coronation of the Emperor. It is remarkable that neither Pius himself in the Historia Austrialis and the Commentarii nor his contemporary biographers directly mention the oration even though it was in itself a highly important diplomatic oration, delivered to the pope on behalf of an emperor. Probably the matter of the council was still rather sensitive during Pius' pontificate and prudence prevailed (see below).

Having delivered his oration, Piccolomini returned to the emperor with the pope's consent to the coronation. Soon afterwards, the preparations for an imperial voyage through Austria and Italy to Rome were set in motion.

Themes

The oration has three themes:

 The imperial coronation  The imperial marriage  The ecumenical council

Imperial coronation

The main theme of the oration is the imperial coronation.

Piccolomini here develops three subthemes:

 The emperor's desire to be crowned  Reasons for the delay  Specific requirements in connection with the coronation

In the Early Version of the oration, Piccolomini states four reasons for the emperor's wish to be crowned.

His first motive is piety and devotion (devotio): the act of being anointed and consecrated as ruler is pleasing to God, just as it was during the times of the Old Testament when the kings of Israel were anointed by prophets and high priests.

The second motive is custom (consuetudo): The Christian emperors of the East were crowned by the patriarchs of Constantinople, and after Charlemagne was crowned in Rome in 800 the Holy Roman emperors of the West were crowned by the pope in Rome, at least those of them who managed to be crowned at all.

The third motive is obligation (debitum): Being crowned by the pope was a gesture of gratitude towards the papacy which had, as it claimed, bestowed the emperorship upon the German nation.

To these three motives, Piccolomoni adds a fourth: benefit (utilitas). The coronation would make it possible for the political and the religious head of Christendom to meet and negotiate the common affairs of the Christian World.

Imperial marriage

The part of the oration concerning the imperial marriage is only a brief paragraph, mostly consisting in an ornamental rhetorical passage from the oration "Quamvis grandes materias" [14], delivered by Piccolomini at the celebration following the conclusion of the marriage contract.

Ecumenical council

As explained above, the pope was in the awkward position of having promised a council to the French king, Charles VII, seemingly with the understanding that it should be held on French territory. It was a council which the pope himself definitely did not want as he dreaded the negative consequences for the papacy. The emperor did not really want it either, though out of consideration for the German princes and for the sake of consistency and politeness the fiction of the need for a council was still officially maintained.

Wisely, and following historical precedent, the pope had given his assent to the French with a significant proviso, viz. that the other princes should agree to the plan of a council on French territory.

In his oration, Piccolomini provided the solution to the pope's dilemma: referring to urgent letters recently received from the imperical court, he announced the emperor's support for a new council, but on three vital conditions: firstly, the pope was to have full control over it, secondly it should be postponed until after the imperial coronation, and thirdly it should take place on German territory.

Everybody got the message: there would not be another council and if there was one, it would be the pope's council, and not a council of the French king nor a council of conciliarist rebels against the papacy, as the Council in Basel had eventually become.

Concerning the issue of pope's promise to the King of France, Piccolomini in 1452, only two years afterwards, wrote, in the oration "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF]:

The promise to the king of a council was not given unconditionally; no, it was given on the condition that the other kings and princes would agree. But these mostly rejected the idea. The kings of Aragon, England and Portugal do not want a council to be held in France. I myself, at the command of the emperor, in a public consistory in Rome at the end of the Jubilee Year,1 argued against holding this council -and with good reason! [Sect. 111] This text clearly shows that the real message in Piccolomini's oration was not that the emperor wanted a council and that it should be held under certain conditions, no, it was that the emperor did not want another council. Morever, Piccolomini asserts that this message was given at the emperor's command.

Toews had this commentary to this whole maneuver:

The pope's new authority was still overshadowed by the prospect of the general council which he had promised the French King. The French ambassadors in Rome urged the fulfillment of this promise. Aeneas cleverly eliminated this threat to the happiness of the pope. In a speech before the Pope and Cardinals, he announced the betrothal of Frederick and his approaching coronation. He then went on to demand, in Frederick's name, that any prospective Council should be held in Germany. Thus Nicholas could answer the French ambassadors that the princes of Europe were not unanimous in consenting to a Council in France. This action stalled the conciliar threat indefinitely and allowed the Pope to engage in other interests. 2The papal/imperial maneuver to avoid a council proved to be quite effective: it took approximatey another 50 years before a new ecumenical council took place, and in the meantime the papacy had been restored to such a degree that it did not have to fear a council since it would take place under its own control.

Voigt claimed that the urgent letters Piccolomini referred to in the Early Version of the oration, were a pure invention, proving his immoral and duplicitious character. 1 Voigt does not document his claim, though, which he made quite gratuitously and in line with his generally very negative assessment of Piccolomini's character. The important issue in this regard is whether or not Piccolomini's contribution to the matter was in keeping with his imperial master's policy. It actually was, and if there really were no letters, they were simply a diplomatic pretext of the kind necessary in times of slow communications. If the problem had not been foreseen in the instructions of the imperial ambassador and came to the fore only when Piccolomini returned to Rome from Naples, he could not very well wait a month or two before receiving specific instructions in the matter.

Catherine Fletcher makes this observation concerning the flexibility of Renaissance ambassadors in the exercise of their function:

While representatives of republics were often tied closely to instructions, a royal diplomat who enjoyed the confidence of his sovereign might well have more latitude (in terms of tactics, at least) so long as that confidence lasted. As Daniela Frigo has argued, in the fifteenth and early sixteenth centuries, there was a 'marked distinction' between the ambassadors of princes and those of republics: in the principalities diplomacy lacked clear rules and instead relied on the reciprocal relationship of fidelity (fidelitas) from the ambassador and grace (gratia) from the prince. The republics, on the other hand, had much more formalised systems: their statute books contain numerous injunctions relating to the conduct of ambassadors. Although diplomacy was an international system and required international norms, there was sufficient flexibility to accommodate a range of local practices. Ambassadors were expected to be aware of their limits and to exercise their judgement appropriately. 2 So, given that Piccolomini was negotiating about the imperial coronation with a pope fearing the spectre of a council, it may be reasonably held that his diplomatic move making it possible for the pope to politely deny the French claims for such a council was within the general scope of his diplomatic mandate, which was to ensure the coronation. Voigt's claims of personal immorality and duplicity therefore appear to be unjustified.

Date, place, audience and format

On the basis of a report by the procurator of the German Order in Rome, Laurentius Blumenau, of 15 January 1451, Voigt concluded that the consistory in which Piccolomini delivered his oration was probably held on 26 December 1450. 1 However, already the day after the consistory, on 29 December, the Milanese ambassador reported to his duke that the oration had been delivered the day before, 2 i.e. the 28, and this is the date retained in the present edition.

The place was probably the apostolic palace in the Vatican, and the audience consisted of the participants in a papal consistory held on that day, cardinals, prelates, and curials.

The format was that of a formal ambassadorial address, on behalf of the emperor, delivered in the papal consistory.

Text 3

The text of the oration is extant in two versions: the Early Version is close to or identical with the oration as delivered by Piccolomini. 4 The Final Version is the one included in the papal collection of Piccolomini/Pius' orations, prepared during the last years of his pontificate (1462-1464).

Early Version (EV)

Manuscripts 5

The early version is contained in a two manuscripts:

Present edition

For principles of edition (incl. orthography) and translation, see Collected Orations Pope Pius II, vol. 1, ch. 9-10.

Text:

The Early Version is based on the two manuscripts listed above and the edition by Freher (FR).

The Final Version is based on the four manuscripts from the BAV (A, B, C, D) and the manuscript in Lucca (G).

The lead text of the Early Version is the Riccardiana 346 (R) , and the lead text of the Final Version is the BAV Chis. J.VIII 284 (A).

Pagination:

Early Version: Pagination is from Riccardiana the Palatinus.

Final Version: Pagination from Chis. J.VIII.284.

Textual apparatus:

The parts of the text occurring in both versions (Early and Final Version) -but with no regard to differences in grammatical form and word order -are marked in bold types.

References:

References to sources and other notes occurring in the First Version are not repeated in the Second Version.

Differences between the Early Version and the Final Version

The Final Version was thoroughly revised in connection with its inclusion in the papal compilation, indeed it is the oration most extensively revised in connection with the papal edition of Pius' orations.

The revision concerns basic subject matter, structure and content as well as the style of the oration.

Subject matter

The subjects of the imperial marriage and the ecumenical council were excluded from the Final Version.

As for the imperial marriage, it may have been removed simply because it contained nothing of substance, consisting mostly of a paragraph quoted from Piccolomini's speech at the end of the negotiations in Naples, the "Quamvis grandes materias" [10].

As for the ecumenical council, it may reasonably be conjectured that the relevant sections were removed from the "papal" edition of the orations because they did not fit the politics of Pius II. When he became pope (under this name), Piccolomini was quite as averse to holding a new ecumenical council as his predecessors had been. Even though these motives were not meant seriously at the time of delivery, they were still highly relevant during the pontificate of Pius II, so it would be politically embarassing for him to republish them while pope. Moreover, the perspective of strong imperial support for a papally controlled council, also described in the oration, was by now obviously and sadly fictitious, given the emperor's personality and policies.1

Structure

The structure of the Final Version differs from the structure of the Early Version in at least two ways:

Firstly, the section on the history of imperial coronations was moved from the section on the emperor's motives for the coronation to the introduction, and secondly the triple division of the section into motives (devotion, custom, obligation) was abandoned.

Style

Presumably, the young humanists in Pius' entourage and especially Gianantonio Campano were given quite a free hand in proposing changes of a stylistic nature, resulting in a more classical style. Indeed, such changes may have provided the pope and his humanist staff with much interesting matter for discussion -in the pope´s leisure time -concerning classical Latin language and style, as, presumably, the changes to the text would have been approved by the author himself.

Finally, it may be mentioned that the use of biblical and classical sources is extended in the Final Version.

Sources 1

In this oration, altogether 39 direct and indirect quotations from various sources have been identified:

Biblical: 18 Classical: 19 Patristic and medieval: 2 Contemporary: 0 All: 39

The classical quotations equal the biblical in number. Speaking to a humanistically oriented pope like Nicolaus V, Piccolomini evidently felt more free to quote the classics than he had when speaking to Eugenius IV, cf. his oration "Non habet me dubium [11]".

Biblical sources: 22

Old Testament: 8 [1] Holy Father, Supreme Pontiff, I declare 2 that anyone who speaks before Your Holiness ought justly be anxious because of the exaltedness of your throne -indeed, there is no higher on earthand because God has granted you personally a golden intellect, rich in all kinds of learning. Unless he who speaks in your presence follows the precept of the apostle and seasons his speech with salt, 3 he incurs the blame of Piso, who -as Jerome writes -did not know how to be silent, even though he did not know how to speak. 4 In this assembly, 5 the first and greatest on earth, incompetent and unsuitable speakers should not be heard, but only eloquent orators like Odysseus, 6 about whom Homer 7 says that he was a man gifted with sagacious eloquence who spoke not from his lips, but from his heart. [2] For these reasons, it would not be strange at all if I, lacking both the thoughts and words appropriate for addressing such majesty, were now confused and as pale as a man who awaits his turn to orate before the altar at Lugdunum. 1 But I am encouraged by the immense benevolence and the indescribable kindness of Your Holiness who is used to hearing not only great and eloquent men, but also -and with unoffended ears -the lowly and unlearned. Moreover, it has always been the custom of this Holy Consistory to respect the person of the sender even more than the words of the speaker. To this should be added the noble subject of my oration -I really do not know what will be greatest: its benefits to the one making the request, or the pleasure to the one who grants it. For the honourableness and the usefulness of the matter are so great that it can easily speak for itself and does not require rhetorical ploys.

Sigla and abbreviations

[3] De coronatione

Subject of oration

[3] For we shall be speaking about the imperial coronation. The coronation of emperors has alway been a very important and most honourable matter ever since the Holy Apostolic See transferred the imperial office 1 from the Greek people to the Germans, in the person of glorious Charlemagne. 2 For the Most Serene and Unvanquished Prince, Holy Caesar Friederich, August King of the Romans, 3 the obedient son of Your Holiness, desires to celebrate -in the way of his forefathers and in this city of Rome -the solemn rites of his coronation. Therefore he has sent these eminent men and my humble self to Your Clemency to ask and beg you to fulfill his immense, pious, just and honourable wish.

[4] For if Your Holiness is willing to undertake this coronation, the emperor will not hesitate, but will cross the Alps without delay and speedily come to you and, abiding by custom, accept the imperial crown from your holy hands, celebrate feast days and the joyful solemn rites with you, listen to your counsels concerning the beneficial government of the affairs of Church and Empire, follow you. And finally, having been crowned with the blessing of Heaven, he will return to his own country, happy and deeply indebted to you.

1 "dignitas" 2 Charlemagne (742/747/748-814): also known as Charles the Great. King of the Franks from 768, King of Italy from 774. In 800 crowned by the pope as the first emperor in Western Europe since the collapse of the Western Roman Empire three centuries earlier. This coronation was the basis for the spurious claim of the medieval papacy to have transferred the empire from the Greeks to the Franks, through its plenitude of power, thus manifesting (and partly proving) papal supremacy in all wordly affairs 3 Friederich III of Habsburg (1415-1493): Duke of Austria (as Friederich V) from 1424. Elected King of Germany and Holy Roman Emperor in 1440, crowned in Rome in 1452 [5] Haec est 1 nostrae legationis summa ac totius orationis materia, circa quam tria nobis videntur altius attingenda declarandaque esse, non ut tuae sanctitatis mentem instruamus, cui nihil est dubii 2 , sed ut plerisque satisfaciamus, qui nostris expetitionibus 3 admirari 4 possent, si nihil amplius dicemus 5 . Primum 6 est, cur tantopere majestas imperatoria coronam cupiat. Alterum cur tam diu hanc rem distulit. Tertium concedendumne sit, quod de coronatione requiritur. Quibus absolutis oratio modum haberet, nisi pauca referre oporteret, quae apud Neapolim nuper egimus. Sed illis breviter enarratis, et unica petiuncula 7 pro concilio generali subjecta, finem dicendi faciemus 8 .

[6] Aggrediamur igitur quod primo quaesitum est: cur tam propense regia majestas 9 coronationem efflagitat 10 . Quid urget? Quid est, quod tantum principem exire paternam domum, magnis et ambiguis itineribus se committere, graves 11 subire sumptus coronationis causa compellit? Tria sunt, beatissime pater, quae Caesarem movent: devotio, consuetudo, debitum. [5] This is the main purpose of our mission and the whole subject of our oration. We shall be speaking about three issues, not in order to inform Your Holiness, who is quite well aware of them, but to put those many people at their ease who might be concerned about our intentions if we did not explain them more fully.

The first is: why His Imperial Majesty so greatly desires to receive the imperial crown. The second is why he has delayed the matter for so long. And the third whether the petition for the coronation should be granted.

When these issues have been dealt with, the oration would be finished if I did not have to report, summarily, on our recent activities in Naples. 1 And having done so, briefly, we shall add a short request concerning a general council, and then we shall end our oration.

Coronation of the Emperor

1.1. Why the Emperor wishes to be crowned [6] We begin with the first question: why does His Royal Majesty so ardently desire to be crowned? What is the need? What compels this great prince to leave his ancestral residence, to undertake a long and risky journey, and to incur the heavy costs of a coronation? Holy Father, the emperor's motives are three: devotion, custom, and obligation.

[7] Possem complura 1 in medium afferre, quibus religio nostri principis, et pietas ac devotio in 2 tuam sanctitatem tuumque praedecessorem hactenus non vulgariter patuerunt. Sed scienti omnia beatitudini tuae superfluo narrarentur Ad generum Cereris 18 sine caede et sanguine 19 20 pauci Descendunt reges et sicca morte tyranni.

Est itaque devotio Caesaris non parvis instructa firmataque rationibus, quae coronationis insignia 21 poscit. 1.1.1. Devotion [7] I could mention several reasons why the religiosity of our prince, his piety and his devotion towards Your Holiness and your predecessor are not commonly known. But it would be superfluous to explain them to Your Holiness who knows them quite well, and His Royal Highness does not want them to be publicized since to his elevated mind they do not seem be extraordinary at all. For though he satisfies everybody else with regard to his piety and sense of obligation towards the Roman Church and Your Holiness, he never satisfies his own devout self. From this fountain of piety and devotion spring his strong desire and petition to be crowned. For His Royal Highness considers it pleasing to Merciful God that just as in the Old Testament sometimes prophets, sometimes high priests and sometimes both, anointed kings to rule Israel and Juda, similarly in the time of grace and of the new law1 the Romans Pontiffs should anoint Christian emperors and crown them to protect the Catholic people with laws and arms. A notable confirmation of this is the fact that among the German emperors who were anointed and crowned in Rome by the hands of the First Shepherd no one suffered a violent death, whereas most of the Italian and Greek emperors died in a way that proves the truth of the Satyrical Poem:

Few kings go down to Ceres' son-in-law save by sword and slaughter -few the tyrants that perish by a bloodless death. 2Thus, the emperor's devotion is supported and reinforced by strong reasons for requesting the insignia of a coronation.

[8] Sed hanc devotionem vetus [8] But this devotion is also bolstered by ancient custom. After Julius Caesar 1 united the people under one ruler, the Roman Empire has passed through three phases, the Italian, the Greek and the German. I pass over Berengarius 2 and the other Lombard rulers as they did not govern so large a territority nor have such legitimacy as to make them worthy of being distinguished with the titles of imperial office.

The first emperors were content with the purple and only very rarely did they use diadems 3 : though having the fullness 4 of royal power, they deferred to use the name and the insignia of that hated office 5 so that they would not seem to be bringing Tarquin's 6 arrogant rule back to Rome together with the crown, as a reclaimed right. Of the Greek emperors many were crowned by the bishops of Constantinople. For this reason, as writes that excellent author, Bishop Otto von Freising, 7 the See of Constantinople 8 became so arrogant that until the time of Emperor Phocas 9 and Pope Bonifatius 10 it was not ashamed to take precedence not just over the Alexandrinian, 11 but even over the Roman See. 1.1.3. Obligation [START_REF][END_REF] But later, when the German princes had conquered and tamed the Lombards, 1 who molested the Roman Church, and began to rule as emperors, the unbreakable custom of coronation emerged, a custom which the emperor now absolutely wants to follow. For since the German nobility, through the benevolence, diligence and humility of the Apostolic See, acquired the imperial dignity, which the Greeks had lost through arrogance, weakness and possibly heresy, it seems not only to be a duty, but also a necessity [for the emperors] to request the crown from the Roman Pontiff. Thus, they would always show reverence to him from whom they had received their preeminent position. And all philosophy [teaches] that gratitude is owed as a matter of debt.

Therefore, His Imperial Majesty requests the crown not only out of devotion, but also as a matter of custom and of obligation.

Benefit

[10] To these [three] reasons should be added the benefit to the commonweal 2 . For if you meet personally, you may negotiate and decide many things of great benefit to the Christian people which may not readily be dealt with through legates, in your mutual absence. Now the first question has been answered, and we know the emperor's motives for requesting the crown. 1.2. Why the coronation has been delayed for so long [11] Now, let us see why the coronation was postponed for such a long time. After the emperor took over the imperial office, two periods should be considered: the first one is the period of Eugenius' pontificate, the second is the period of your own.

Already during Eugenius' 1 [pontificate], the emperor desired to receive the crown, and Eugenius was not averse: 2 he had already crowned Sigismund, 3 and he also very much wanted to adorn Friedrich's head with gems and gold so that he would be called the Great Father who had crowned two emperors -which to my knowledge has happened to no one before. But at that time the division in the Church still reigned, 4 and novel Neutrality 5 kept Germany occupied. It was expedient neither to the emperor nor to the pope to deal with the matter of the coronation before Neutrality had been abandoned, and -as you know -it was diffifult to end this old state of affairs, profitable to many people. 6 Eventually the emperor's perseverance was successful -what does not in the end give in to perseverance? -and [German] obedience to the Roman Church was restored. Then it was time to take up the matter of the coronation, but very soon afterwards Eugenius died, and the emperor was deprived of the coronation he had hoped for. Thus, the first period went by without any fault on the emperor's part. [12] Neither can the emperor be criticized with regard to the second period, for as soon as Your Holiness ascended to Saint Peter's See,1 he -as the Christians usually do -sent ambassadors to salute you as Supreme Pontiff, to declare his obedience to you, and take up the issue of the coronation with you. But as -at your own advice -hope was rising that the emperor would come quickly, suddenly a savage storm of war arose which through slaughter, plunder, fire and all kinds of disaster ravaged not just the rich principality of Austria, but also Bavaria, Swabia, Franconia and the flourishing regions of the Rhine, the very heart of Christendom. It struck both noble princes and powerful cities with a terrible, novel and extraordinary violence. In order to calm matters, it was necessary for His Imperial Majesty to stay in the regions of Germany, for delaying the coronation did not seem as costly as delaying peace. And thus the solemn coronation had to be postponed. Now that peace has been restored and all who were fighting have entrusted their cause to the emperor's judgment, it is time to take up the matter of coronation again.

This must suffice concerning the postponement of the coronation.

[ 1.3. Why should the pope crown the emperor? [13] Now, thirdly, we must address the issue of whether you should grant the emperor's petition.

Glory

Many men, 1 had they come here to argue this matter, would have focused their entire oration on glory. They would have said -I think: "Holy Father, you have now with much labour reunited the divided Church. You have uprooted several heresies and with much zeal made peace between Christians. At great cost you have repaired the temples and crumbling walls of the City, and regained the Patrimony 2 of the Church that had been robbed and scattered all over. Finally, you have given the Christian people a sweet and longed for year of forgiveness. 3 Now, what more remains for enhancing your glory than placing the crown on the emperor's head? This is your glory more than the emperor's. This is the honour of the Apostolic See. This dignity has been reserved to Saint Peter. Heed the emperor, do what he asks. Thus

Ever shall your honour, your name, and your praises abide." 4 1 In this and the following sections, Piccolomin uses the rhetorical ploy af downplaying the motives of glory, utility and justice while at the same time describing them quite vividly, and thus making use of them 2 "patrimonium". In times of weakened papal government, princes in the papal state set themselves up as independent rulers, and neighbouring states would occupy parts of the papal domains 3 Jubilee Year in 1450 4 Vergililus: Aeneis, 1.609 [14] Alii ad utilitatem conversi -quae plurimum suadet -ex omnibus rebus dicerent, sanctissime pater, quas 1 fecisti quasque facturus es, nulla potest utilior esse coronatione Caesarea. Veniet 2 ad te divus 3 Caesar, primus omnium principum, te patrem appellabit, tibi filium se praebebit 4 , tuis manibus coronabitur, jusjurandum praestabit, Germaniam regnis 5 gravidam et 6 ingenti populorum, principum ac praelatorum multitudine abundantem [14] Others, being more concerned with the benefit -which is actually highly important -will tell you, Holy Father, that among all the things you have done and will be doing nothing can be more profitable than the coronation of the emperor. The Holy Emperor, first among princes, will come to you, call you Father, present himself to you as your son, be crowned by your hands and take the oath. And he will see to it that Germany, comprising many realms and overflowing with peoples, princes and prelates, stays kindly disposed and obedient to yourself and the Apostolic See. Anyone may disdain the crowns, the jewels, the gold, the purple cloth, the apple, the sword, the anointment, the consecration, the ceremonies and the pomp. But even he, though he be rude and primitive, cannot deny that it benefits Your Holiness and Apostolic Majesty to receive a crowned emperor in friendship and alliance. For if we think of former times, we see that the Church flourished and the Empire was strong when there was harmony between the Roman pontiffs and the emperors. [15] So, what road should we take? Should we follow those who desire glory? Absolutely not. Far be from us the erroneous ways of the gentile world where only popularity and empty gossip mattered, since [at that time] people were absurdly dependent on public acclaim and vain glory.

No, we who are Christian and not only have to do with ordinary Christians, but stand before the head, the leader, the teacher, and the govenor of all Christians, should not imitate the Orator who said: Public esteem is the nurse of the arts, and all men are fired to application by fame,1 but the Apostle who says: Our glory is this: the testimony of our conscience. 2 3 And we know that Your Holiness is endowed with divine wisdom and does not measure himself with popularity, but with the truth of conscience.

[16] Should we then argue on the basis of benefit? Or on the basis of obligation, custom, right and promise? Though it would be quite customary to use such strong arguments, I shall not do so under the present circumstances. For persuasive arguments are in vain when you request something from someone who is wise: the intellect of a wise man shows him whether a request should be met or not, and he cannot be persuaded with honeyed words. Therefore, we who are speaking before the wisest prince of all, before the most enlightened senate on Earth, before the lights and the intellect of the world, before such great majesty, such great learning, and such great experience, consider it to be enough to have set forth the petition of His Imperial Highness in simple and plain words. For we know that if what we ask for is right, nothing will be denied. And if it is not right, then we shall not be able to bedazzle high wisdom by words nor to turn truth on its head by an oration.

So, in this part of our oration, we shall not present persuasive arguments for something that it is up to Your Holiness to judge: we leave the whole matter to your judgment, not doubting that we shall be given what is just, and not expecting to obtain what is unjust.

[17] Esset jam peroratum, beatissime pater, nisi duo 1 -ut ante diximus -in calce verborum jussi essemus adjungere. Alterum est, ut Neapoli quomodo gessimus tua beatitudo cognoscat. Alterum 2 ut de concilio generali, quod 3 sit regiae majestatis 4 5 desiderium, intelligas. Ambo haec paucis absolvemus.

[18] Apud Neapolim convenimus victoriossissimum principem {152v} Aragonum [17] We should now have finished speaking, Holy Father, if we had not -as we said in the beginning -been requested to add two things in the end. One is to inform Your Holiness about the negotiations in Naples. The other is to inform you about the wishes of His Royal Majesty concerning a general council. We shall deal with both issues very briefly.

2. Imperial wedding [START_REF]3 dilectior est 4 ? Quis nostro saeculo praeter hunc unum 5 favet ingeniis? Quis justior, quis liberalior, quis animo majori regnat? An solus hic ex principantibus est, qui neque secundis rebus intumescit, neque destituitur adversis? Verus fortunae domitor et nostri gloria saeculi 6 , qui non minori perseverantia Neapolim cepit, quam Graeci duces 7 Trojam 8 expugnaverunt 9 . Ostendi tibi dotem 10 meam ex paterna maternaque domo non parvam gloriam[END_REF] In Naples we have met with the Unvanquished Prince, the King of Aragon and Sicily, 1 and with the legate of his nephew, His Serene Highness the King of Portugal. 2 After many days of negotiations, we finally concluded a contract of marriage between His Imperial Majesty and the illustrious maid, Leonora, Infanta of Portugal, 3 the sister of the King. Indeed, it is the most noble, powerful and honourable marriage and the most advantageous to Christendom that can be arranged, if you add virtue to virtue, nobility to nobility, power to power, greatness to greatness and highness to highness. From the one side the German princes and from the other the Spanish nobles have joined each other in this bond of marriage, in sympathy and in friendship. 4 We report this to Your Holiness so that, like a father, you may rejoice with your son 5 that the marriage which you knew was to be negotiated 6 has now been contracted.

[19] Sed venio ad secundum, quod addere promisi [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF] But what kind of general council? A general council that is not abortive, illegitimate, controversial, or ambitious; a council in which the minor members obey the major members 1 , and in which no member is in disagreement with its head;2 a council -I say -that does not dispute the keys of the Supreme Shepherd, 3 but which has its focus on the common good. The authority of the Bishop of Rome is supreme: why discuss it? All power in the Church derives from Christ, its prince, and it is distributed through the Roman Pontiff, as its head, to the other members of the mystical body. 4 This is the declaration and the faith of the emperor. He believes in the Gospel and in the oracles of Jesus Christ. He knows that the Lord said to Peter and his successors: Thou art Peter; and upon this rock I will build my church, and the gates of hell shall not prevail against it. And I will give to thee the keys of the kingdom of heaven. And whatsoever thou shalt bind upon earth, it shall be bound also in heaven: and whatsoever thou shalt loose on earth, it shall be loosed also in heaven; 5 Thou shalt be called Cephas; 6 Feed my lambs; 7 Launch out into the deep and let down your nets, 8 and other pronouncements of this kind which fill the books of the Gospels. If anyone searches for something more, he will find darkness, and not light, and he will be more foolish than he who lights a candle in open and glaring sunshine.

Moreover, since His Imperial Majesty does not intend to exercize his power, but to protect the Faith, to uphold the common good, 9 and to assist you by participating in the council, he wishes to receive the crown before the council is convened. Moreover, he does not request or advise or wish the council to be summoned before he has been crowned, since it would greatly facilitate matters if he could participate in the council as a crowned emperor, sworn to you, and to assist you and support your decisions.

[21] Cumque sit Caesar advocatus ecclesiae, protector [21] The emperor is the champion of the Church, its protector, its defender, and its helper, and nowhere can he fulfill this office better than in the region subject to him. Therefore, he requests that the council be held in Germany which belongs to the Roman Empire, and therefore he neither can nor will give his consent to any other venue. Germany is the most convenient and accessible location in all Christendom, for there -if you look at it rightly -you will find the navel and the center of Christianity, between the Rhine and Austria. To the West it reaches to Spain, to the East to Greece, to the North to Norway, and to the South to the farthest peoples of Sicily. And since, today, the Greeks agree in matters of faith with the Latin Church, we should select a place for the council that is also convenient for them, for they should be given every possible assistance and favour. But they have a short route and easy travel through Hungary to Germany. Moreover, in Germany there are large and splendid cities with commodious houses, provisions that are easy to buy, excellent peace, wonderful quiet, sweet liberty, healthy climate, princes and peoples who keep their promises and observe justice, and who would rather die than use tricks and deception.

Nobody can complain about the German sense of justice. God has granted Germany to be the center of Christendom, with so many advantages, and thus its seems that he wants the general gouncil to be held there, at this time.

You have now heard, Holy Father, the emperor's request. To us it seems highly just and beneficial.

For if you desire, as we are sure you will, to restore peace between the Christians, to sow frugality and good morals, to reclaim ecclesiastical liberty, and to safeguard the union [of the Church] now achieved, you will not summon a council in any other place than one where the emperor can and will be of assistance to you. [START_REF]Pasce oves meas. Et iterum: Tibi dabo claves regni caelorum et quodcumque ligaveris super terram, erit ligatum et in caelis, et quodcumque solveris super terram[END_REF] If it pleases Your Clemency, there are a number of other matters which we would take up you in private. [START_REF]Ex qua re moti veteres sanctique patres Romanam ecclesiam beatorum Petri et Pauli martyrio consecratam in orbe toto venerabilem praecipuamque sanxerunt. Nec dubium est, quin illi quidquid ubique fidelium est, commissum videatur, quae totius corporis caput esse designatur. Talibus igitur institutis talibusque fulti 7 auctoritatibus plerique pontificum, alii reges, alii imperatores excommunicaverunt. Et si speciale requiritur de principum personis exemplum, beatus Innocentius 8 papa 9 Arcadium 10 imperatorem percussit anathemate, quia 11 Johannes Chrysostomus, ut 12 a sua pelleretur sede, consensit 13 . Zacharias regem Francorum non tam pro suis iniquitatibus quam pro eo, quod tantae potestati erat inutilis, a regno deposuit ac Pipinum 14 , Caroli magni patrem, ejus loco suffecit. 1 vel add. V 2 Paulus in marg. A, D, G 3 omit. U1 4 censuri U1 5 et quodcumque solveris … in caelis omit. F, U1 6 cum F 7 suffulti G 8 Innocentius papa[END_REF] Supreme Pontiff, I do declare that anyone who speaks before Your Holiness ought justly be anxious because of the exaltedness of your throne -indeed, there is no higher throne on earthand because God has granted you personally a golden intellect, rich in all kinds of learning. Unless he who speaks in your presence follows the precept of the apostle and seasons his speech with salt, he incurs the blame of Piso, who -as Jerome writes -did not know how to be silent, even though he did not know how to speak. In this assembly, the first and greatest on earth, incompetent and unsuitable speakers should not be heard, but only eloquent orators like Odysseus, about whom Homer says that he was a man gifted with sagacious eloquence who spoke not from his lips, but from his heart.

Conclusion

[ 1 Lugdunensis C 2 sanctitati C [24] For these reasons, it would not be strange at all if I, lacking both the thoughts and words appropriate for addressing such majesty, were now confused and as pale as a man who Hs trodden on a snake bare-footed or as a man who awaits his turn to orate before the altar at Lugdunum. But I am encouraged by the immense benevolence and the indescribable kindness of Your Holiness who are used to hearing not only great and eloquent men, but also -and with unoffended earsthe lowly and unlearned. Moreover, it has always been the custom of this Holy Consistory to respect the person of the sender even more than the words of the speaker. To this should be added the noble subject of my oration that not only makes it easy for the speaker, but will also prove welcome and sweet to the listener. For the honourableness and the usefulness of the matter are so great that it can easily speak for itself and it does not require rhetorical ploys.

[ 1.2. Subject of oration [START_REF]Illud ad rem nostram accomodatum exemplum nequeo praeterire: post Henricum quartum Lotharius Saxo 1 ad imperium vocatus est, adversus quem cum Fridericus et Conradus, magnanimi juvenes, arma movissent, quia genus Henrici, cujus sorores matrimonio sibi assumpserant, humiliare atque opprimere videbatur 2 , ab Honorio 3 papa sunt excommunicati, nec prius absolutionis obtinere beneficium 4 quam Caesaris gratiam potuerunt. mirum si Austriales aliquos suo principi insultantes Nicolaus pontifex admonet? Beatus Ambrosius 5 , licet sanctus, non tamen universalis ecclesiae episcopus, pro culpa, quae aliis sacerdotibus non adeo gravis videbatur, Theodosium 6 magnum imperatorem excommunicans ab ecclesia exclusit[END_REF] For we shall be speaking about the coronation of Holy Emperor Friedrich, August King, unvanquished and triumphant, your son who is both devoted to you and loved by you. The coronation of emperors has been considered a very important and exceedingly honourable matter ever since the Holy Apostolic See transferred the imperial dignity from the Greek to the German people, in the person of glorious Charlemagne. Before, it was otherwise. [27] The first emperors did not use diadems, but having the fullness of royal power, they deferred using the name and the insignia of that office so that they would not seem to be bringing Tarquin's arrogant rule back to Rome together with the crown, as a reclaimed right. But after the Greeks were granted permission to reign, the solemn coronation was introduced. However, it was not the Roman Pontiffs, but the bishops of Constantinople who conferred the diadem on the emperors. For this reason, as writes that excellent author, Bishop Otto of Freising, the See of Constantinople became so arrogant that, until the time of Emperor Phocas and Pope Bonifatius, it was not ashamed to take precedence not just over the Alexandrinian, but even the Roman See.

History of imperial coronations

[The German princes conquered and tamed the Lombards, who molested the Roman Church, and they often gave assistance to the Supreme Pontiffs. Therefore the Apostolic See raised them above the other peoples through the imperial power and the symbols1 of empire. And so that they might be seen to worthily retain the empire they had acquired legitimately, the emperors made great and magnificent donations to the Roman Church, and they desired not only to be crowned, but also to be anointed and consecrated in Rome by the Vicar of Christ. Thus they would always show reverence to him from whom they had received their preeminent position. Since then emperors named Charles, Ludwig, Otto, Heinrich, Friederich, and many others, have often crossed the Alps, entered Italy, and with great devotion received the imperial crown in the Basilica of the Prince of the Apostles.

1.4. Structure of oration [START_REF]Quid nunc in casu nostro dicemus? Arripuerunt arma nonnulli ex Austria; ducatus regimen, quod imperator obtinuerat, invaserunt; judices 1 , quos ille constituerat, excluserunt; putaverunt 2 se jure uti suo. Contra, Caesar offensum se dicit. Quis hic judex? Quis litis decisor erit? Non Bohemus aut Hungarus: nihil ad hos Austriae negotia pertinent 3 . Non Suevus, non Bavarus, non electores imperii 4 : nullus hic regum 5 judicium hoc jure suscipiet, omnes imperatore minores sunt. Quis igitur in tali negotio, nisi Romanus praesul 6 legitime judicabit 7 , qui communis est omnium pater, ecclesiae caput, magister fidei[END_REF]

Coronation of the Emperor

2.1. Why the Emperor wishes to be crowned [START_REF]Advertant igitur Austriales neque his credant, qui censuram ecclesiae parvipendunt, qui Romani pontificis auctoritatem extenuant, qui vicarium Christi contemnunt, nolentes intelligere, ut bene 8 agant. Hos 9 , qui talia suadent, filios perditionis asserimus, diabolo, et angelis ejus, ac perpetuo Gehennae mancipio lucrifactos. Quibus dum ajunt: "Quid nobis 10 et papae? Quid clero et populo?", dicimus rursus ad eos: "Quid vobis et veritati? Quid vobis et evangelio? Quid vobis et Christo? Quid vobis et caelo?[END_REF] We shall deal with the first matter briefly for it is unnecessary to tell Your Holiness about the virtues and gifts with which His Royal Majesty is endowed: you already know that he reigns justly; that he has not become arrogant because of his noble blood or his exalted office; that he does not love his earthly realm more than the Heavenly Kingdom; and that he believes that the more respectful he is towards to the priesthood, the higher his empire will stand; and that nothing can be more blessed than serving God, Faith and the Apostolic See. Therefore he has, until now, spared no effort and no expense in order to assist Eugenius, your predecessor of holy memory, and Your Holiness, whenever the necessity arose.

For when the ship of Saint Peter was floundering in the gale from Savoy,1 and the stormy waves from Basel were overflowing the Church,2 and the evil storm of Neutrality3 threatened to wreck the Apostolic Ship, what other support did the Roman Pontiff have than His Royal Highness' unshaken devotion? He it was who ended the Neutrality, who reconciled the Germans with the Roman See, 4 who expelled the Basilians from Germany, who emptied the nest of schism, and who prepared the road to complete union. I could say much about the grand and praiseworthy deeds of His Royal Highness which revealed our emperor's devotion, piety, and great zeal for the Roman See, but it would be useless to relate them to someone who knows them already. Moreover, His Royal Majesty does not want them to be talked about publicly, since to his elevated mind they seem not to be extraordinary at all. Indeed, in his endeavours for and his devotion to the Holy Roman Church and the worship of God he satisfies all but himself.

[ [START_REF]discussionem: quid est quod secundo loco adversantes objiciunt?[END_REF] In his heart he has always wanted to make every effort to please God, and among those things that he fervently desired, when he had accepted the imperial office, one of the most important ones was to receive the imperial crown from the Vicar of Jesus Christ and the true Successor of the Fisherman. That such is pleasing and acceptable to God can easily be seen from the fact that, to this day, none of the German emperors who were anointed and crowned in Rome by the hands of the First Shepherd has suffered a violent death. But half of the first emperors, who neither cared for the Faith, nor for anointment, nor for coronation, died by the sword. And of the Greek Emperors, of whom most were Christians, though not crowned in Rome, some ended their life by hanging, some by fire, and some by the sword, whereas others had their eyes plucked out or their hands cut off, thus proving the truth of the verse, that few are indeed the kings who go down to Ceres' son-in-law save by sword and slaughterfew the tyrants that perish by a bloodless death.

[ [31] His Royal Highness therefore considered it pleasing to Merciful God that -just as in the Old Testament -sometimes prophets, sometimes high priests, and sometimes both, anointed kings to rule Israel and Juda, similarly in the time of grace and of the new law, the Roman pontiffs should anoint Christian emperors to protect the Catholic people by means of laws and arms. Therefore, he most earnestly desired the honour of receiving, as soon as possible and according to the custom of the German princes, the [imperial] insignia in a coronation in Rome and thus to distinguish both the Apostolic See and the Holy Empire with equal honours.

You have now heard what His Royal Higness desires.

Why the coronation has been delayed for so long

[32] Now I shall explain why the matter has been delayed for so long, so that we may put an end to the blatherings1 of some who remain silent when they should speak, and speak when they should remain silent. For when the talk falls on the coronation there are many who say: "If he desires the imperial crown so much, why did he not come during the first five years to receive it? And if he lacked the will at that time, why this new desire now after 10 years? Whence comes this sudden religious fervour?" When the Apostle Paul was detained by Festus and was ordered to state his case, he declared that he was only too happy to speak before Agrippa since Agrippa knew the customs and the ceremonies of his people. 2 For he knew that the words of a speaker are only effective if the judge is knowledgeable about the matter in question. Isaiah says the same: Happy is he who speaks to the ears of one who listens. 3 So my task will be a happy one since all that I shall be saying is already known to Your Holiness.

[33] Fateor, sanctissime pater, optasse regiam majestatem in ipso regni principio Romam petere, inungi coronarique. 3 Fatum in marg. G

[33] I declare, Holy Father that from the very beginning of his reign His Royal Majesty has wished to come to Rome to be anointed and crowned. And Eugenius was certainly not averse to this since he had already crowned Emperor Sigismund and would like to crown Friederich, too, for then he would be called the Father who crowned two emperors, which I find has happened to no one before. But the thoughts of mortal men are fearful, and our counsels uncertain. 1 The coronation was prevented by the issue of the Neutrality to which the German princes had bound themselves because of the division in the Church. In his wisdom, the king considered that he had to put an end to German Neutrality before he could receive the imperial crown. Indeed, he remembered the law which according to Aristotle was sanctioned by Solon: ... if anyone at that time, and in such a condition of civil discord, shall not ally himself with one or the other faction, but by himself and apart shall hold aloof from the common calamity of the State, let him be deprived of his home, his country, and all his property, and be an exile and an outlaw. 2 [34] But immediately after the Neutrality had been abolished and obedience to the Apostolic See restored, the Lord sent a burning wind from the desert that, robbing us of this pontiff, brought death to the exalted head of the Church, 3 and took away any hope for the coronation through a new kind of disaster. Here the gentile would say: Allmighty fortune and inevitable fate 4 came in the way. However, passing over the opinion of Chrysippus, 5 I declare that we may rightly understand fate as the inevitable consequence of something that descends from the fountain of divine providence and disposes everything in the right place and time. For we cannot believe that God, who created all things, has exempted men's actions from the laws of his providence. It is therefore God himself who has reserved the honour of this coronation to Your Holiness.

Thus, as long as Eugenius was alive, the Emperor certainly did not neglect this whole matter. [35] Some, however, claim that the matter has also been neglected during your own pontificate, which is now in its fourth year. Since these reproaches concern recent events, we can refute them even more easily. Indeed, as soon as His Serene Highness heard about your accession -he actually had his first sure information from me -he immediately decided that all the peoples under his benevolent imperial rule should consider you as their Father, revere you as Supreme Pontiff, and recognize you as the true and undoubted Vicar of Christ. And when all had turned to you in obedience, when the neighbours kept the peace, and when Germany appeared to be tranquil, he began to negotiate about the coronation with Your Holiness through orators and through letters, and the whole matter was entrusted to that earnest and modest father, the Cardinal of Sant'Angelo, legate of the Apostolic See. [36] But as the Wise One says: The heart of man disposeth his way: but the Lord must direct his steps. 1 Suddenly new tumults arose, disturbing the Austrian principalities most astonishingly, and overwhelming them with so many and various political problems that, like the Hydra, every time one revolting head was cut off, it was replaced by seven others. And not only did uprisings break out in Austria, but new, unheard of, unthinkable and intolerable fires of discord broke out also in Swabia, Franconia, Bavaria, the flourishing regions of the Rhine, the very heart of Christendom. These disorders pushed noble princes and powerful cities into war. Maybe, as Augustine says, Divine Providence decided to correct the ways of men with the thunderbolts of war. 2 For thus threatens the Lord through the Prophets: I will visit their iniquities with a rod and their sins with stripes. 3[37] These matters made it necessary for His Royal Majesty to stay in the regions of Germany in order to make peace between his subjects before he left the nation. 4 Therefore nobody should wonder that the coronation was postponed for some time, since delaying the coronation did not seem as costly as delaying the common peace. However, there are still some opponents who insist that the Prince of the Romans should consider carefully5 not only the present, but also the future, and that it does not behoove a ruler to say: I had not thought of that! 6 But it is not given to men to know the future. O mind of man, knowing not fate or coming doom. 7 And again: What the morrow's years might bring, 'twas sin for man to know. [38] Why should it surprise anybody that His Royal Majesty did not know what the future would bring when the prophets did not know future events either, unless they had been specially revealed? Samuel did not know which one of the sons of Jesse to anoint as king until he came to the last one. 1 Nor did Nathan know that King David had been forbidden to build a temple when he said to him: Go, do all that is in thy heart: because the Lord is with thee. 2 Nor did Elisha know that the son of the Sunamite had died before that woman came to him. 3 So dark is the cloud of the future 4 that Augustine, borrowing 5 a sentence from Jerome, may doubt whether the angels who followed Lucifer had foreknowledge of their fall. 6 For these reasons it is quite clear His Royal Highness was not free to depart for his coronation while Eugenius lived nor before now, during the pontificate of Your Holiness.

What the emperor requires of the pope

[39] But now it is time to pass on to the third and last part of our commission and to briefly state what His Royal Highness requests from Your Holiness. For when evil befalls faithful and pious princes, it will always turn out well. And we know that to them that love God all things work together unto good. 7 It has pleased Merciful God to delay the royal coronation until now so that it may be conducted more tranquilly and honourably. As the Wise One says: When the ways of man shall please the Lord, he will convert even his enemies to peace. 8 Now the turmoil in the Austrian principalities has been settled. The region has been freed of robbers. The neighbours keep peace.

The German princes who fought with the cities have laid down their arms, put their enmities aside, and referred their disputes to the arbitration of His Royal Highness. 1 1. Kings, 16, 12 2 2. Kings, 7, 3 3 4. Kings, 4, 8-34 4 Horatius: Carmina, 3.29.30: prudens futuri temporis exitum caliginosa nocte premit deus 5 "praestoletur" 6 Quotation not identified 7 Romans, 8, 28 8 Proverbs, 16, 7

[40] Quapropter, cum rursus coronationis offeratur facultas, cupit imperatoria majestas tuaeque sanctitati enixissime supplicat, quae sunt ad coronationem necessaria ex parte tua ut quantocius parentur, ut dies celebrandae sollemnitatis in urbe dicatur, ut in oppidis atque provinciis tuae sanctitati1 parentibus tutus facilisque transitus pateat, ut sint hospitia non solum multitudinis capacia, sed etiam digna nobilitatis. Ne desint ementibus victui necessaria, ne sint vectigalia toleratu graviora, ne quid injuriarum curialibus irrogetur. Nam et regia sublimitas proceres suos cunctamque familiam modestissime transire jubebit. Hisce petitionibus, quamvis alias tua sanctitas caute, sollicite, religiose, clementer annuerit, quia tamen ex causis antedictis inveteratae res sunt, haud indignum visum est rursus eadem postulare.

[40] Therefore, as a new opportunity for the coronation presents itself, His Imperial Majesty desires and earnestly begs Your Holiness to speedily make the necessary preparations for his coronation, to announce a date for the celebration in the City, 1 to arrange safe and easy passage through the towns and regions that obey Your Holiness as well as lodgings that may hold many people and are suitable for noblemen. It should be easy to buy provisons, and tolls should be reasonable so that the courtiers will not be burdened unduly, for His Royal Highness will order his nobles and his whole retinue to travel simply. Your Holiness has already agreed to these petitions, circumspectly, solicitously, conscientiously and gracefully, but since, for the abovementioned reasons, it is now some time ago, it seems appropriate to present them again.

[ [41] Many men, had they come here to argue this matter, would have focused their entire oration on glory. They would have said -I think: "Holy Father, now that you have, with much labour, reunited the divided Church, uprooted several heresies, extended our religion, with great energy made peace between Christians, at great costs repaired the temples and crumbling walls of the City, regained the possessions of the Church that had been robbed and scattered everywhere, given the Christian people a sweet and longed for year of forgiveness,1 what more remains for augmenting your glory than to place the crown on the head of the emperor? Heed the emperor, do what he asks.

Each has his day appointed; short and irretrievable is the span of life for all: but to lengthen fame by deeds -that is valour's task. 2Thus Ever shall your honour, your name, and your praises abide."

But this was the detestable custom of the gentile world that could only act with an eye to popularity and vain gossip, since it was a creature of praise and a slave of puffed up glory. 3[42] No, we who follow the Christian teachings and not only have to do with ordinary Christians, but stand before the head, the leader, the teacher and the govenor of all Christians, should not imitate the Orator who said: Public esteem is the nurse of the arts, and all men are fired to application by fame, but the Apostle who says: Our glory is this: the testimony of our conscience.

And we know that Your Holiness is endowed with singular wisdom and does not measure himself by popularity, but by the truth of conscience. So, leaving aside the vain titles of praise and placing the matter simply before Your Holiness, we do not doubt that you will carefully consider how honourable and advantageous it is and see how greatly it will benefit the Christian world 4 if his Royal Majesty comes to your presence and meets with Your Holiness to mend the affairs of the Church and the Empire.

[43] Quod si nonnullorum planetarum conjunctiones humano generi salubres existimantur, cur non duorum luminarium maximorum conventum [45] Pleraque alia, cum tuae clementiae libuerit, semotis arbitris referemus.

[43] If the conjunctions of many planets are thought to be wholesome for humankind, then why should we not believe that the meeting of the two greatest luminaries is salutary for Christianity? Anyone may disdain the crowns, the jewels, the gold, the purple cloth, the apple, the sword, the anointment, the consecration, the ceremonies and the pomp. But even he, though he be rude and thick-headed, cannot deny that it profits the Christian people and brings great benefit when the two swords meet1 and there is harmony between the Roman Pontiff and the Emperor, which is most solid and firm when they are bound by mutual affection through the solemnity of the coronation.

Conclusion

[44] However, there is no need for many words when the matter itself is evident and appears to be granted even before being requested. So, we consider it sufficient to have explained, summarily and briefly, what is the king's desire, why there have been delays, and what is now being requested. We firmly trust that if Your holiness will accommodate His Royal Highness in these matters, you will please a prince who is both mindful and grateful. For though his meritorious actions with regard to the Apostolic See are already very great, even greater ones will follow. Sooner shall the Parthian drink from the Ararat and Germany the Tigris,2 than the image of Your Holiness and your virtue shall fade from his heart. 3[45] When it pleases Your Clemency, there are a number of other matters which we would take up with you in private. Sigla and abbreviations

II. TEXT AND TRANSLATION

1.

Emperor's refusal to release the boy king Ladislaus from his wardship [1] 2.

Disadvantages to the Bohemians had their request been accepted [2-3] 3.

Why it is better for Ladislaus to remain in the emperor's wardship [4][5] 3.1. Friedrich III is both emperor and Ladislaus' close relative [4] 3.2. Hungarian legal claims on Ladislaus are better than those of the Bohemians [5] 4. Bohemian threats to elect another king not taken seriously [6] 5. Conclusion [7]

I. INTRODUCTION 1. Context 1

Emperor Friedrich's decision to have his ward, Ladislaus the Posthumous, accompany him on his coronation journey to Rome in 1452 caused a flurry of political activity in Bohemia, Hungary and Austria. As the only male heir of his father, Albrecht II, Ladislaus was Archduke of Austria and had been recognized as King of Hungary and King of Bohemia. At the time, he was only 11 years old and the ward of his uncle, the emperor -who himself had been the ward of one of his Habsburg uncles during the time of his minority, as stipulated by the house rules of the House of Habsburg. In Ladislaus' countries there was uneasiness and even outright dissatisfaction about their king and prince being in the emperor's wardship, and indeed the Hungarians had earlier, by military means, tried to force the emperor to surrender their boy-king and had even petitioned for the pope's support in the matter. 2 In March 1451, ambassadors from Bohemia came to the imperial court in Wiener Neustadt to request of the emperor that the boy-king be released to them. 3 Afterwards an imperial embassy was dispatched to Prague to announce the refusal of the Bohemian petition. Among the ambassadors was the emperor's top diplomat, Enea Silvio Piccolomini. 4 The meeting was to be held in Prague, but had to be moved to Beneschau (Benesov) because of an outbreak of the plague in the capital. During their journey, the imperial ambassadors took the opportunity to visit the Hussite centre in Tabor, and in this context Piccolomini formed an understanding of the Hussite movement and its cause which would be useful to him on later occasions. 5 He also had a long conversation with the Bohemian governor, Georg Podiebrad. 6 The governor impressed him as an intelligent politician with whom it might be possible to reach an understanding for the improvement of relations between Bohemia and the papacy, and specifically regarding the thorny question of communion under both species.

Piccolomini gave a vivid description of his contacts with Podiebrad and the Hussites in a long letter to Cardinal Juan Carvajal of 21 August 1451. 7 In the letter, he wrote only briefly about the main business of the imperial embassy, stating that when it arrived in Beneschau, he had -over three days -meetings with various personalities and groups from the Bohemian nobility. The nobles 1 CO, I, 21 (Meserve,I,; WO, II, III, 1, pp. 26-30; Boulting, 188-189; Papaparelli, pp. 132-136; Reinhardt, pp. 150-155; Stolf, pp. 244-247 2 Oration "Tritum est sermone". See also HA, I, pp.482-486 3 Palacky: Geschichte, IV, 1, p. 264; Würdigung, p. 244 4 Palacky: Geschichte, IV, 1, p. 265 ff.; Heymann, pp. 50-52 5 See the oration "Res Bohemicas" [START_REF]Quid nunc in casu nostro dicemus? Arripuerunt arma nonnulli ex Austria; ducatus regimen, quod imperator obtinuerat, invaserunt; judices 1 , quos ille constituerat, excluserunt; putaverunt 2 se jure uti suo. Contra, Caesar offensum se dicit. Quis hic judex? Quis litis decisor erit? Non Bohemus aut Hungarus: nihil ad hos Austriae negotia pertinent 3 . Non Suevus, non Bavarus, non electores imperii 4 : nullus hic regum 5 judicium hoc jure suscipiet, omnes imperatore minores sunt. Quis igitur in tali negotio, nisi Romanus praesul 6 legitime judicabit 7 , qui communis est omnium pater, ecclesiae caput, magister fidei[END_REF], where Piccolomi, as imperial diplomat, argued for a papal concession to Bohemia of the use of communion under both species. See also the oration "Superioribus diebus" [66], where, as pope, he refused it. See also the relevant parts of his Historia Bohemica 6 With Prokop von Rabstein as interpreter, WO, III, I, p. 28 7 WO, III, 1, pp. 22-57 were persuaded to have a later meeting with an apostolic legate, Cardinal Nikolaus of Kues, concerning religious issues, viz. the Hussite schism. Concerning Ladislaus, Piccolomini did not mention his own oration, but only wrote that the meeting was held for the sake of the embassy and so that each party, i.e. the Bohemians and the emperor, would understand the position of the other. 1 In the first version of his Historia Austrialis from late 1453/beginning of 1454, 2 i.e. two or three years later, Piccolomini wrote about the events in Beneschau:

In the meantime, the Bohemians, as is their custom when they have to act in common, summoned a meeting in Prague, but when the plague broke out they moved it to Beneschau. It was rumoured that they would petition the emperor to send Ladislaus to their kingdom and that they would elect another king if their request was refused. The emperor sent legates to soften their agitated minds. We ourselves were among the legates. ... There, the imperial legates were heard and with kind words they put an end to all the excitement. 3 4 In the second/third version of the Historia Austrialis from 1455-1458 5 Piccolomini wrote:

In the meantime, the Bohemians, as is their custom when they have to act in common, summoned a meeting in Prague, but when the plague broke out they convened in Beneschau. It was rumoured that they would petition the emperor for their king and that they would elect another king if their request was refused. As this would be an impediment to the emperor's journey to Italy, ambassadors 6 were sent. They were Enea, Bishop of Siena, Prokop, 7 a Bohemian knight, and two noblemen from Austria. Their task was to soften the agitated minds of the Bohemians so that they would not prematurely ask for the boy who could not at the time be of any profit to the kingdom. .... There, the imperial legates were heard, and with kind words they put an end to all the excitement. The Bohemians should wait 1 WO, III, I, p. 28: Quia vero conventus ille nostri causa tenebatur, ut videret quae cesar ad petitiones regni responderet, fuimus tribus diebus in tractatu cum eis quartaque demum die et illi nostram intentionem ad ultimum intellexerunt et nos illorum propositum cognovimus dimissumque concilium est 2 HA, I, p. xvii 3 Dum haec aguntur, Bohemi suo more de verbis [rebus] acturi communibus conventum apud Pragam indixere, sed cum ibi pestis crassaretur, ad Villam, quam Benedicti appellant, convenere. Fama erat eos Ladislaum petituros ad regnum mitti; nisi obtinerent, alium regem quesituros. Eo missi legati a cesare sunt, qui feroces eorum animos lenirent. Nos quoque inter eos fuimus... Ibi legati caesaris auditi benigne omnem turbam amoverunt. 4 HA, I, pp. 99-100. The editors point out that according to the acts of the diet, the estates were not satisfied with Piccolomini's vague promises on the emperor's behalf, but sent new petitions to the emperor, cf. also Palacky: Geschichte, 4, 1, p. 267 ff, 500 5 HA, I, p. xx 6 Heinrich Truchses and Albrecht von Ebersdorf, cf. Palacky: Würdigung, p. 244 7 Prokop von Rabstein, friend and former colleague of Piccolomini until Ladislaus attained his majority and not doubt that he would come to them first 1 when he was released from the wardship. The mission won the favour of the Bohemians who asked for the king more out of a sense of duty than because they really wanted it. 2 In another work, the Historia Bohemica, which he finished in the summer 1458, shortly prior to his election as pope, 3 Piccolomini wrote:

But when Friedrich had decided to travel to Italy to receive the imperial crown, the Bohemians, the Hungarians, and the Austrians again sent embassies to the emperor, putting pressure on him and demanding Ladislaus. All their demands were denied. The Bohemians were to hold an assembly on this question in Prague, and they appeared to be very upset and wanting to elect another king unless their demands were met. The emperor decided to send legates to them, adding us to their number. The representatives from the provinces had been summoned to Prague, but as the plague broke out there, they met in Beneschau. Georg Podiebrad presided over their numerous assembly. We addressed them as follows: "You have requested of the emperor ... [here follows the text of the oration as given below]". The oration inspired confidence and was accepted favourably. Our colleague, Prokop made it even more acceptable as he translated it into their language for the benefit of those who did not understand Latin. Then we were asked to leave the assembly, but shortly afterwards we were called back and given this answer: "Thank the emperor for sending this embassy and for having stated his preference for the Bohemians over the others when the king will be released." They accepted the good counsel received. They would send young noblemen to join and serve the emperor on his journey to Italy. They would await his return peacefully, and wished happiness, prosperity and the favour of Heaven on him. 4 1 1 And not to the Hungarians who had rival claims on Ladislaus who was their king, too 2 HA, II, pp. 443-444: Inter haec Bohemi suo more de rebus acturi communibus conventum regni apud Pragam indicunt. Meanwhile the Bohemians, after many vain efforts to get Ladislas for their king, convened a national council at Prague to discuss their affairs. They declared that unless Albert's son, the heir to the kingdom, was sent to them, they would choose another king for themselves. Aeneas was therefore despatched, together with several other noblemen, to meet with them. A terrible plague was then raging through Prague, so the council was transferred to the village of Beneschau. There Aeneas addressed a public assembly where he delivered a message from the emperor. He explained that the boy-king needed a guardian; he could be in no better hands than the emperor's; moreover, it would not be long before they saw their wishes fulfilled. This speech soothed their anger and they promised not to call anyone else to the throne. 2 One of Pius' two contemporary biographers, Campano wrote:

Sed cum pestifera lues eo supervenisset, apud Villam quam Benedicti appellant, convenere. Fama fuit eos regem repetituros; nisi obtinerent, alium quesituros. Id caesaris iter in Italiam remorari videbatur. Mittuntur erga ad eos legati Aeneas episcopus Senensis, Procopius eques Bohemus et duo ex Austria viri nobiles, qui feroces lenirent animos, ne pupillum ante annos expeterent, dum nullo usui regno esse posset. Expectarent pubertatem neque dubitarent illum, cum dimitteretur, ad eos imprimis venturum. Grata hec legatio Bohemis fuit, quippe qui magis ex debito quam ex animo regem petebant

Immediately after his return to Friedrich he was sent to the Bohemians who would have taken up arms if he did not hurry. Ladislaus, King of Hungary and Bohemia, was still a young boy, being the son of Friedrich's brother. 3 Fear of plots as well as the fact that the boy was too young to govern and at risk of coming to harm caused Friedrich to keep him at court and to give him guards so that he would not be abducted. However, the Bohemians thought that it was an unworthy treatment of the boy to guard him and keep him away from his paternal kingdom. Therefore they threatened to gather troops and go to war unless they were given a proper explanation why the emperor did as he did. [In his oration Aeneas] especially referred to the danger of poison which actually, due to a Bohemian plot, killed the boy some years after when he had been sent off by his uncle. 4 1 consilia. Missuros ex nobilitate sua primarios juvenes, qui cesarem Italiam petentem sequantur eique ministrant. Expectaturos quiete reditum, quem felicem faustumque superum benignitate futurum exoptent 1 HB, I, pp. 486-496 2 CO, I, 21, 2 (Meserve, I, p. 101) 3 He was not the son of Friedrich's brother, but of his cousin, Albrecht II 4 Zimolo, pp. 19-20: Extemplo ubi ad Federicum pervenit, ad Boemos mittitur, arma

sumpturos nisi properasset. Cum enim Ladislaum Pannoniae ac Boemia regem admodum puerum fratris filium Federicus metu insidiarum et quod regno immaturo adhuc esset atque injuriae obnoxius apud se educaret, adhibitis custodibus ne clam subduceretur, Boemi indignum rati custodiri accersirique a regno patrio regem, coactis copiis bellum, nisi dimitteret, commina-bantur. Horum conatus statim compescuit, ratione adhibita cur ita fieri oporteret, maxime iniecto metu veneni, quo paucis post annis dimissus a patruo puer fraude boemica absumptus est

And Platina, the other contemporary biographer, wrote: When he returned to the emperor, he was immediately sent as ambassador to Bohemia to settle a conflict which had arisen between him and the Bohemians. When the Bohemians had been pacified... 2 In his Würdigung der alten böhmischen Geschichtschreiber from 1830, Franz Palacky examined the oration on the basis of documents kept in the Wittingauer Archive. 3 One of the documents was a translation (in his own hand) of the oration into Bohemian by Prokop von Rabstein who acted as Piccolomini's interpreter at the assembly. This translated version differs significantly from the text of the oration as given by Piccolomini, see below. It begins with a praise of peace in general, based on a quotation from Isaiah, 4 and continues with a praise of the willingness of the estates to recognize Ladislaus as their king. Then it communicates the emperor's refusal to hand over Ladislaus, justifying it with the boy's tender age. Finally, it promises that the emperor's wardship over the boy-king will only last some years more, and that the emperor will send him to Bohemia first, before Austria and Hungary.

According to Palacky the estates were dissatisfied with this vague answer and demanded a written statement concerning the length of the wardship and guarantees that it would not be extended.

In his written reply, Piccolomini referred to the rules of the House of Habsburg concerning wardship over princes in their minority. As for a guarantee that the prince would be sent first to Bohemia, he could only point to the emperor's own promise.

Upon this, the estates sent a new petition to the emperor, demanding a more precise answer, and threatening with violence if their demands were not met.

Palacky concluded that the divergence between the documents examined by him and Piccolomini's own reports from the meeting undermines Piccolomini's credibility: his arguments concerning the financial state of the kingdom, the political problems connected with the appointment of a regent during the king's minority, and the threats to elect another king were irrelevant in view of earlier promises and guarantees made by the Bohemians to the emperor. Also Piccolomini's remarks concerning the success of his mission were evidently untrue. 5 1 The causes of Ladislaus's death in Prague, at the age of 18 are not known except that he died of a sudden illness. Pius certainly thought -and wrote -that he had died by poisoning, suspecting the regent, Georg Podiebrad, of the deed 2 Zimolo, p. 102: Ad Caesarem tandem reversus, ab eo statim orator in Bohemiam mictitur, ad tollendam omnem controversiam, que inter eum et Bohemos orta erat. Pacata Bohemia ... 3 Archiv Cesky, II, 303-309; Palacky: Würdigung, p. 244; Geschichte, p. 268 4 Isaiah, 32, 8. Cf. Palacky: Geschichte, p. 267, i.e. peace. Interestingly, Piccolomini himself re-used this quotation from Isaiah 9 months afterwards, in the oration "Moyses vir Dei" [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF], to Pope Nicolaus V 5 Palacky: Würdigung, pp. 244-246 In his Geschichte von Böhmen, from 1857, Palacky gave a similar, but more measured account of the events in Beneschau. 1Georg Voigt (1862) based his description of the imperial embassy to the Bohemians on the studies of Palacky and concluded that Piccolomini's own report was a lie and that the text of his oration inserted in the Historia Bohemica was pure phantasy, 2 and he repeated Palacky's contention that the text of the oration as reported by Piccolomini himself was both unsuitable and insulting to the Bohemians.

The observations of Palacky, as taken up by Voigt, raise the question which version of the oration, the one in the Historia Bohemica or the one as translated by Prokop von Rabstein is the correct one.

Concerning this issue, the following observations may be made: Firstly, Piccolomini usually revised the texts of his orations after they had been delivered. Mostly, the changes were of vocabulary and style, and rarely of substance. There is no doubt that Piccolomini himself thought he had an author's right to make such revisions and that he considered the last, revised version as the final literary product -notwithstanding the fact that the text of the original version would be the proper historical document. If he had revised the text of the "Petivistis" before inserting it into the Historia Bohemica he would simply be following his own pattern of literary production, and only if he had changed it substantially would he really merit any criticisms by historians.

Secondly, since it is clear and well documented that Piccolomini gave an oration -or at least made some kind of address -in Beneschau in 1451, the text of this oration or address must have existed before the writing of the Historia Bohemica in 1458. Indeed, the text of the oration is extant individually and outside the context of the Historia in a humanist collective manuscript, the Cod. 3471 of the Österreichische Nationalbibliotek, ff. 13f-13v. There are only very small discrepancies between that text and the text in the Historia, but they are there and indicate a very slight revision of the text before its publication as part of the Historia. Theoretically, it may have been the other way round: the text in the collective manuscript may have been copied from the Historia with some minute changes of style, but this is less credible, for why would Piccolomini revise the text after it had been published in the Historia Bohemica?

Thirdly, Piccolomini himself stated, in the Historia, that in translating his text Prokop had revised it so that it would be more palatable, suitable and pleasing to Bohemian ears: Prokop, our colleague, made it even more acceptable when he translated it into their language for the benefit of those who did not understand Latin. 1 It is not easy to understand why Palacky and Voigt disregarded this remark by Piccolomini, as it clearly documents Piccolomini's awareness -and indeed his acceptance -that the text as translated by Prokop not only differed somewhat from his own, but that it was also more acceptable to the Bohemians.

Fourthly, the assertions of Palacky and Voigt that Piccolomini's mission was not the success that he himself claimed it to be also merit consideration. The fact that the Bohemians sent a new petition to the emperor asking for guarantees concerning the length of his wardship may be considered as the sign of a not unmitigated success. But Piccolomini's satisfaction with the results of his mission would probably not be caused by the immediate effects of his oration with regard to the wardship, but by the general results of his negotiations with Georg Podiebrad and others. Indeed, it is quite reasonable to assume that these negotiations were essential to the establishment of an understanding between Podiebrad and the emperor which would result in the emperor's acceptance of Podiebrad's appointment as full regent, gubernator, of the Kingdom of Bohemia in 1452 2 and in Podiebrad's support of the emperor in his conflict with the Austrians in that same year -though events then moved so fast and were handled so ineptly by the emperor that Podiebrad could not reach Wiener Neustadt in time to aid the emperor militarily, had he really wanted to. 3 This view is supported by later historians. In 1905, Adolf Bachman wrote:

Jetzt in Beneschau suchte er [Piccolomini] in klug berechnender Darlegung und mit dringenden Vorstellungen die böhmischen Stände zu weiterem geduldigen Zuwarten, bis der junge Ladislaus mündig wäre, zu bewegen, und sonst den römischen König, seinen Herrn, gegen alle die verschiedenen Anklagen zu verteidigen, die auf dem Landtage erhoben wurden. 4 Unverkennbar hatte er sich dabei der indirekten Förderung Podiebrads zu erfreuen.

Die Stände wiederholten ihren Wunsch, den jungen König bald in ihrer Mitte zu haben, ohne die gewohnten Drohungen. ... Man darf es wohl in gewissem Masse dem Berichte Enea's, freilich auch dem Drange der Sachlage zuschreiben, wenn König Friedrich, im Begriffe seine Romfahrt zu unternehmen, bald darauf selbst die böhmischen Stände aufforderte, Georg von Podiebrad, den er mit der Verwaltung des Königreichs betraut habe, in dieser Würde

1 HB, I, pp. 486-496: Acceptiorem Procopius, noster college, reddidit, qui patrio sermon latine lingue ignaris verba nostra interpretatus est 2 Hoensch, p. 157 3 See Palacky's own observation in eschichte, IV, 1, pp. 265, 288-289, 302, 305, 311 4 In a note Bachmann here refers, i.a., to Piccolomini's "angebliche Rede" anzuerkennen, so wie er schon vordem die oberste Gewalt im Königreiche Ungarn dem Kriegshelden Johannes Hunyadi überlassen hatte. 1In his Geschichte Böhmens, the modern historian, Jörg K. Hoensch wrote, in 1987: Zu den im Juli 1451 in Beneschau (Benesov) geführten Verhandlungen wurde auch der päpstliche legat Eneas Silvius Piccolomini2 (Verfasser einer Historia Bohemiae und als Pius II. von 1458-1464 Papst) hinzugezogen; sie erbrachten immerhin eine gewisse Annäherung der Positionen, so dass sich Friedrich III. zur Anerkennung Georgs als "Gubernator Böhmens" bis zur Regierungsfähigkeit Ladislavs bereit erklärte." 3Georg Podiebrad's modern historian, Frederick G. Heymann, in his description of Piccolomini's mission to Bohemia and his negotiations at the meeting in Beneschau, states that Piccolomini could inform the King that his refusal to release Ladislav before the boy's having come of age, reiterated in an elaborate address which he, Aeneas, had presented to the Czech diet, had met with little serious protest, owing essentially to the help given by George. Probably he had emphasized his impression that George was a man of growing strength, and not a fanatic but one with whom it would be possible to negotiate. Thus the King was now more ready than before to grant George's factual leadership of the Czech nation his recognition. 4In conclusion, the text of the "Petivistis" may quite reasonably be assumed to be identical with or or very similar to the text as delivered by Piccolomini in Latin at the meeting in Beneschau, and his mission may quite well be considered successful in as much it as it contributed to strengthening the understanding -or alliance -between the Bohemian regent and the emperor.

Themes

The main theme of the orations was the Bohemian demand for King Ladislaus' person and the emperor's refusal.

In his argumentation for the emperor's decision Piccolomini brings forward two sets of reasons: Sending the boy-king to Bohemia would not profit the Bohemians because, since he could not govern effectively,  it would be necessary to set up of tutelary government with a number of political complications and rivalries as consequences.

 Moreover, the cost of establishing a royal court would be high and would have to be paid for by the Bohemians.

On the other hand, keeping the boy in the emperor's wardship was a quite reasonable course of action, since  Ladislaus was still a very young boy,  the emperor was his uncle and closest relative, and  the emperor's preeminent position made him the most suitable guardian for an underage king. 1 Finally, Piccolomini explicitly stated that the Bohemian threat to elect another king if Ladislaus was not sent to them was not credible and would therefore not impact on the emperor's decision. It must be kept in mind that Piccolomini had actually had political consultations with leaders and groups of the Bohemian nobility, including Georg Podiebrad, for three day before the session where he delivered his oration. It is difficult to believe that this highly experienced diplomat would not have good reasons for making such a statement publicly.

Date, place, audience and format

According to Palacky, the oration was delivered in the beginning of August, at Beneschau. 2

1 These arguments were developed further by Piccolomini in his oration against the Austrian insurgents against the emperor, the oration "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF] 2 Palacky: Würdigung, p. 244

Piccolomini arrived in Beneschau on 18 July1 and had three days of negotiations before delivering the oration. Therefore, the date of 22 July is probably more correct.

The audience was an assembly of Bohemian nobles, including Georg Poediebrad.

The format was an ambassadorial address on behalf of Emperor Friedrich III.

Text 2

The oration "Petivistis ex Caesare" was not included in the Collected Orations of Pius II, compiled in 1462 under his direct supervision. It is therefore not extant in the seven manuscripts containing that collection.

The text, however, is extant  individually in a humanist Sammelhandschrift in Vienna, and  as part of the Historica Bohemica.

Individually

 Wien / Österreichische Nationalbibliothek 3471, ff. 13r-13v (W)

The text was not published by Mansi in his collection of Pius' orations, presumably because he did not have access to any manuscript containing the text.

It has been edited at least once, in

As part of the Historia Bohemica

Piccolomini also included the oration in his Historia Bohemica (HA), the standard edition of which will be undoubtedly be the edition by Hejnic and Rothe: In this edition are listed the manuscripts and former editions of the HA, cf. I, pp. 486-494



Present edition

For principles of edition (incl. orthography) and translation, see Collected Orations of Pope Pius II, vol. 1, ch. 9-10.

Text:

The edition is based on the manuscript in Vienna and the Historia Bohemica as edited by Hejnic & Rothe, with collation of Müller's edition.

Pagination

Pagination is from the manuscript in Vienna (W).

Sources

This oration is devoid of references to biblical, classical and other authors. Piccolomini may have considered that such oratorical embellishments would be lost on his audience.

Oratio Aeneae, episcopi Senensis, jussu Friderici Caesaris, ad Bohemos Ladislaum regem postulantes 1 [1] Emperor's1 refusal to release the boy king Ladislaus from his wardship [1] Men of Bohemia, you have requested of the emperor that Ladislaus,2 son of your former king,3 be sent to you. But the Hungarians and the Austrians make the same insistent requests. So, if the emperor agrees to your request, he must of necessity offend the others. And if the emperor agrees to the requests of the others, he must set aside yours. Should he have to choose between these alternatives, the emperor would prefer his friendship with you because of the old alliance between his ancestors and the people of Bohemia, and because of the memory of mutual services in recent times. And if we look at courage strength, and fame, all must envy the Bohemians who in our time have won more victories than other peoples have ever done. But the emperor considers that it is not necessary to make such a choice at this time since the boy is too young to be useful to you as well as to the Hungarians.

[2] Esto, veniat in Bohemiam Ladislaus: quod inde regno emolumentum cedet? Illene jus litigantibus dicet? Statum reipublicae reformabit? Adversus hostes copias ducet? Belli pacisve munera obibit? Nihil horum praestare potest, cui rectore1 opus est. Illud in primis ejus adventus faciet: regis pompa ducenda est, ornanda regia, adhibendi ministri, curia more progenitorum apparanda. Ad haec grandi pecunia opus. Vobis nullum aerarium esse audio, nullos census, nulla vectigalia publica. Ad vestras igitur opes recurrendum. Vos praestare sumptus; vos regem alere; vos inexplebilem curiam et insatiabiles ministros explere oportebit.

Disadvantages to the Bohemians had the request been accepted

[2] But let us imagine, for a moment, that Ladislaus were to come to Bohemia now: how would that benefit the kingdom? Would he dispense justice to litigants? Would he reform the state? Would he lead armies against the enemies? Would he be able to carry out the duties of war and peace? No, such things cannot be achieved by someone who himself requires a governor. If he came, this is what would happen first of all: royal splendour would be restored, the palace would be lavishly refurbished, court officers would be appointed, and a royal court would be established after the pattern of the king's ancestors. For this, huge sums would be needed. But I hear that you have no treasury, and that there is no income from taxes and customs. So, you would have to rely on your own resources: you would have to pay the costs yourselves; you would have to ensure the upkeep of the king and satiate the insatiable court and ministers.

[3] Video praetera inter vos non paucos esse proceres consilio, auctoritate, atque opibus paene pares. Cura regis uni committenda erit, non omnibus. Ille dominus, ille rex vester judicabitur, qui regis corpus in potestate habebit. Et quis vestrum est, qui non eum sibi honorem 1 quam alteri malit? Seminarium 2 inter vos discordiarum petitis, nisi prius in unum conveneritis, qui regis curae praesit. Vos his incommodis Fridericus liberat, qui suo sumptu pupillum regium gubernans dissensionum fomitem vobis 3 aufert.

[4] Nec vos latet, quandoquidem tenera regis aetas est, corpus ejus in potestate Caesaris rectius quam 4 alterius cujuspiam. Ille enim consanguineus est ex eadem familia natus et imperator 5 . Quis pupillo regi convenientius tutor detur quam princeps principum? [5] Si sit inter vos {13v} et 6 Hungaros contentio coram extraneo judice de custodia corporis regis, par causa vestra atque illorum judicabitur. Utrique regem petitis, utrique fidelitatis documenta praestabitis. Verum 7 hoc illi superiores erunt 8 , qui The one who has the king's person in his power will himself be like your lord and king. Who among you will not want this honour for himself rather than for someone else? Your request will sow discord among you unless you first agree on who should be responsible for the care of the king.

Friedrich frees you from these troubles: by governing the boy-king at his own cost, he removes a cause of conflict from you.

Why it is better for Ladislaus to remain in the emperor's wardship

3.1. Friedrich III is both emperor and Ladislaus' close relative [4] Moreover, you must be quite aware that because of the king's tender age it is better for him to be in Caesar's power than in anybody else's. For he is his relative, being of the same family, and moreover he is the emperor. To whom could this orphan be entrusted more fittingly than to the prince of princes? [5] If a conflict between you and the Hungarians concerning the custody of the king's person be brought before an outside judge, he would judge yours and their cause to have equal weight. You both demand the king, and you will both provide proof of your loyalty. But the Hungarians will have one advantage: they can say that the king was born and crowned in their country. Though the emperor considers your cause to have much greater merit than the Hungarians', he prefers that he himself should be his cousin's guardian rather than you. So, look after your kingdom, but leave the orphan boy to the emperor who will hand him over to you as soon as he comes of age.

Hungarian legal claims on Ladislaus better than those of the Bohemians

[6] Quod vero oratores vestri dixere alium regem accersendum a vobis

4.

Bohemian threats to elect another king not taken seriously [6] Your ambassadors have talked about finding another king. 1 The emperor considers that this was said in order to scare him, not because you really mean it: your unbroken loyalty until now makes that course very unlikely. It would also be quite inappropriate in view of the benefits bestowed upon you by Ladislaus' ancestors, and quite unmerited by someone of his innocent age.

Besides you should, as wise men, carefully consider whom you would prefer to Ladislaus. As you are aware, his mother´s family has produced four Roman emperors. And if you look at his father's family, the House of Austria has held the imperial dignity five times. Anybody who is not satisfied by such fame and nobility must of necessity seek out obscurity. To this must be added the power, the friendships and the clienteles. He has Austria, your neighbour. Moravia and Silesia obey him.

And though the Hungarians may be considering a change of regime, they will remain loyal. The emperor, on whom your kingdom depends, will support his own blood and defend the rights of his own family. The dukes of Bavaria and Saxony, the margraves of Brandenburg and almost all the princes of Germany are closely related to Ladislaus. If this orphan boy is molested, all of Germany is molested, too.

Conclusion

[7] I do not doubt that it is quite superfluous to remind you of these things, but this is what the emperor has commanded me to say. He will bring his ward with him to Italy. When Ladislaus comes back and attains his majority, the emperor will send him to you first -if you remain loyal to him. In the meantime, he admonishes you to gravely and sincerely look after the interests of the Kingdom of Bohemia and its orphan king.

II.

TEXT AND TRANSLATION 1. Introduction [1] 2. Oration of the Burgundian ambassadors [2] 3. Excellence of the Catholic Faith [3] 4. Turkish attacks against Christianity [4] 5. Duke Philippe's concern for the defence of Christianity [5] 6. Joint European military campaign against the Turks [6] I. INTRODUCTION

Context

The French dynasty had undoubtedly played an important role in the medieval crusades, but whether the House of Burgundy as such had a strong attachment to the crusading idea remains for scholars to determine. 1 There can be no doubt, however, that Philippe III le Bon of Burgundy actually did support a number of crusading initiatives before 1450, and that in 1451 -two years before the Fall of Constantinople -he decidedly took up the cause of the crusade against the Turks. 2 Paviot says: Dans les années 1449-1451, Philippe le Bon a complètement modifié son regard sur la croisade. Non que son intérêt ait changé, mais il choisit de prendre une autre voie pour arriver à ses buts. 3 In his later years, his passion for the crusade cooled somewhat due to a combination of old age and the political and military realities of the day, but there is no reason to doubt his authentic desire to go to war against the Turks and his regret at not being able to. 4 That the Burgundian crusade project was combined with other, political, projects, seems most likely, see Enea Silvio Piccolomini's report to the emperor on the Diet of Regensburg. 5 By 1451, it had become quite clear that the Burgundians could not undertake a military expedition against the Turks alone, and that a broader European campaign would be necessary. Since King Charles VII of France was highly skeptical about any Turkish project, 6 Burgundian diplomacy began to move towards a crusade alliance with the Holy Roman Empire, Aragon and Portugal. Such an alliance would also have the geopolitical advantage of "encircling" France and relieving French pressure on Burgundy, besides favouring Burgundy's broader political aims. 7 So, in May 1451, Duke Philippe dispatched embassies to Rome and Naples. 8 The embassy to the pope was tasked with presenting a request for the pope to arrange a meeting of Christian princes to discuss and plan for a joint crusade against the Turks. 9 Several weeks later, in July, he sent the knight Pedro Vasquez Saavedra and the Dominican Nicolas Jacquier on a diplomatic mission to the emperor and to the kings of Hungary and Poland. The Burgundian ambassadors were received at the imperial court in Wiener Neustadt on 21 August 1451. In the presence of the King of the Romans, Friedrich III, and his court, Pedro Vasquez delivered an oration 1 , probably authored by Jacquier on the basis of a crusade sermon to the Burgundian court by the Bishop of Chalons-sur Saône, Jean Germain, on 3 May 1451. 2 In the oration, Jacquier spoke on:

 the Turkish attacks against Christianity,  the readiness of some princes, including the Duke of Burgundy, to undertake a military response to Turkish aggression, and

 previous undertakings in the matter

He concluded with  an exhortation to the emperor to take up the defense of Christianity against the Turks, and specifically to  discuss the whole matter with the pope during his coming voyage to Rome.

The emperor's reply to the Burgundian ambassadors was delivered by his senior diplomat, Bishop Enea Silvio Piccolomini, see below.

When next year, in March 1452, Friedrich came to Rome for his coronation, he did take up the crusade with the pope, and in this context Piccolomini gave the famous oration "Moyses vir dei" [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] on a European crusade against the Turks.

A year later, in May 1453, Constantinople fell to the Turks, and the emperor -with the Pope's assent and support -summoned a German/European diet to be held in Regensburg in April/May 1454.

In the Emperor's invitation to the Duke of Burgundy, also written by Piccolomini, reference was made to the Burgundian mission to the Emperor two years before:

We remember that some years ago you sent your ambassadors to us who lamented the terrible and horrible injuries which the Saracens and Turks in the East daily inflicted upon the worshippers of Christ. You reminded us of our special obligation, as Prince of the Romans, to care for the welfare of the Christian people, and you urgently asked of Us to undertake this expedition against the enemies of the Cross and to request the other kings and princes to contribute. You also offered to participate personally in this pious and necessary venture. We commended your proposal, and since We intended to go to Rome very soon afterwards, and since the matter set forth by your ambassadors was highly important, We answered -as was reasonable -that We would discuss this matter with the Supreme Pontiff and follow his advice and instructions. And so We did when short time afterwards We had come to Rome:

We ordered an oration on this matter to be given in a public consistory, and We found the pontiff to be very positive, answering publicly that the importance of the matter required him to also ask the other kings and princes about their views on this serious issue. 1 In 1451, the crusade project would not have seemed an important matter to the imperial court, and the ambassador's delivery of a crusade oration as well as Piccolomini's reply were a matter of court routine. Though Piccolomini referred to the Burgundian embassy in his report on the Diet of Regensburg, 2 he did not mention it in his Commentarii, nor did his biographer Georg Voigt.

The Fall of Constantinople two years later and the continuing Turkish expansion into Europe would radically alter the situation: themes from the Burgundian diplomats' oration as well as from Piccolomini's own response would reappear in his later orations. 3 And -very importantly -the notion of a Christian crusade against the Turks as a project dear to the Duke of Burgundy and of the duke as a leader of the crusade would be firmly planted in Piccolomini's mind. This notion was confirmed by his meeting and conversations with the duke three years later, at the Diet of Regensburg. It would decisively influence his own crusade project when he became pope -and also cause him bitter disappointment when, in the end, the duke had to pull out. Indeed, the meeting with the Burgundian ambassadors in 1451 and the exchange of Turkish orations, leading up to the delivery of the important oration "Moyses vir Dei" [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] in Rome the year after, may reasonably be considered as the beginning of Pius' great Turkish enterprise, ending only with his death in Ancona 13 years later.

In his oration, Piccolomini does not mention the congress of princes, proposed by Burgundy to deal with the Turkish issue. 1 This proposal, however, would be implemented when in 1454, after the Fall of Constantinople, the emperor summoned an imperial diet in Regensburg on the crusade, inviting the kings and princes of Europe to participate. And even more importantly, it would later inspire Piccolomini, as Pope Pius II, to summon a congress of the European powers, the Congress of Mantua, held in 1459.

Themes

The themes are well known from medieval and early humanist Turkish orations:

 The Islamic/Turkish war of aggression against Christian lands  The sadistic cruelty of the enemies and of their leaders  The trial of Christians' permitted by God as punishment of the sins of the Christians It should be noted that Piccolomini's description of Islamic atrocities consists in a quotation from the early Christian author, Cyprian, who lived from ca. 200 to 258 AD, and was not writing about the Arabs and the Turks, but about the Roman Emperor Valerian's persecution of the Christians, which he experienced personally. 2What is significant in this oration, is the acknowledgement of the Burgundian crusade initiative and the emperor's promise to raise the matter directly with the pope when he went to Rome for his coronation.

Piccolomini also introduces the theme of the emperor's personal knowledge of the miserable situation of the Eastern Christians, derived from the pilgrimage to Jerusalem which he made as a very young man.

And finally, Piccolomini re-uses the notion of the battle against the Turks as necessitating a joint effort of the European powers which he had already presented in his very first oration, the "Audivi" [1] of 1436. All in all, the oration may be seen as a polite, but not enthusiastic imperial response to the Burgundian initiative. The cautious and unwarlike emperor, Friedrich III, was just as little inclined to indulge in enthusiastic, chivalric, and medieval war projects against the infidels as his colleague, King Charles VII of France, and like Charles he had quite more urgent affairs and conflicts to deal with at home. 1 But the Burgundian project was acknowledged, and the promise to negotiate with the Pope was given -and fulfilled the year afterwards, the next phase in the laborious process of preparing a crusade.

Authorship

In the title in the manuscripts containing the oration, Piccolomini is not named as the orator, and previous research has apparently not considered the authorship of the oration.

However, a number of indications make it altogether probable, if not certain, that the oration was actually given by Piccolomini.

First of all, Piccolomini was the natural choice for the task. In the preceeding year, he had successfully performed three diplomatic mission for the emperor: negotiations with king Alfonso V on the emperor's marriage to Eleonora of Portugal; negotiations with the pope on the emperor's coronation; and finally, Piccolomini's mission to a Bohemian diet in Beneschau on the status of King Ladislaus, with the very important result of creating an understanding or even alliance between the Bohemian regent and the emperor. At his return from Italy, in the beginning of the year, Piccolomini had been appointed prince of the Empire 2 and given a seat on the emperor's council. So, he would be a most suitable choice for replying to the Burgundian ambassadors on behalf of the emperor. Secondly, Piccolomini was at the imperial court on the day of the reception of the ambassadors: his famous letter to Cardinal Juan Carvajal with a report on the Bohemian Hussites is dated 21 August 1451, Wiener Neustadt, 1 and there is no evidence whatsoever of his absence from the imperial court in that period. Such an absence would also have been highly unlikely in view of his important role in the preparation of the emperor's coronation voyage to Italy which began in December.

Thirdly, though the oration is not one of Piccolomini's rhetorical masterpieces, very few if any at the imperial court at the time would have been able to give an oration in the style employed.

Fourthly, the oration contains oratorical features quite well-known from Piccolomini's earlier orations, e.g. the form of the captatio benevolentiae in the beginning, the reference to the tranquil life on earth and the blessed life in heaven, developed at length in his oration "Non est apud me dubium" [6] of 1446, and the use of one of his favourite church fathers, Cyprian. To these must be added elements which would recur in his later orations, e.g. the description of the emperor's pilgrimage to Jerusalem, and his use of a quotation from Cicero' Somnium Scipionis which Piccolomini used in several of his orations. 2 In the absence of direct proof, the present author considers that the abovementioned features reasonably and sufficiently document Piccolomini's authorship of the oration "Quamvis in hoc senatu." 3

Date, place, audience and format

In his reply, Piccolomini refers to the Burgundian ambassadors' address to the emperor as having been given a couple of days before [sect. 1]. Since the ambassadors were formally received and delivered their oration on 21 August 4 , the oration "Quamvis in hoc senatu" was probably delivered on the 23 rd or 24 th . For the purpose of the present edition, the date of the 23 rd August has been retained. The place was the royal castle in Wiener Neustadt.

The audience consisted of the emperor surrounded by his court and the Burgundian embassy.

The format was a diplomatic address to the Burgundian ambassadors on behalf of Emperor Friedrich III.

Text 1

Manuscripts 2

According to the RTA, the oration is included in three manuscripts3 (all humanist collective manuscripts):

 Budapest / National

Editions

The oration was not included in Mansi's collection, and apparently it has not been otherwise published.

Present edition

For principles of edition (incl. orthography) and translation, see Collected Orations of Pope Pius II, vol. 1, ch. 9-10.

Text:

The present edition is based on the two manuscripts in Venezia and Vienna, with the Vienna manuscript as the lead text.

Pagination:

Pagination is from the lead manuscript.

Sources 1

In this oration, altogether 13 direct and indirect quotations from various sources have been identified:

Biblical: 4 Classical: 1 Patristic and medieval: 8 Contemporary: 0 All: 13

The patristic quotations dominate, but only because of eight quotations from Cyprian, one of Piccolomini's favourite patristic authors.

Biblical sources: 4

Old Testament: 1

 Isaiah: 1 New Testament: 3  John: 1  1. Corinthians: 1  Romans: 1
Classical sources: 1

 Cicero: 1 1
Patristic and medieval sources: 8

Oration of the Burgundian ambassadors

[2] Your oration had four parts: In the first you told how necessary is the Catholic Faith, how beneficial, how glorious, and how greatly it ought to be defended and propagated, quoting extensively and with great learning and excellent memory from both the New and the Old Testament. In the second you spoke about the many attacks and raids which the Sultan and the Turk, impious followers of Muhammad, make on our brothers, true worshippers of Christ, both in in Asia and in Europe. In the third you related your lord and duke's fervent desire to counter their violence, to tame their ferocity and to humble their arrogance, for which purpose he has now begun to assiduously solicit princes and kings. In the fourth and last you begged of his Serene Majesty, as secular head of the Christians and as the first and highest-ranking prince, to engage himself in this necessary and salubrious matter and take it to heart; to invite German princes to participate; and, since His Majesty is expected to be going to Rome shortly in order to receive the imperial crown, to take up this great matter with Our Most Holy Lord. 3 This is, in sum, what you said so elegantly and copiously with many examples from the scriptures and authoritative writers.

[3] {160v} Ad quae majestas regia in hunc modum respondet: Audivit [3] To this His Royal Highness answers as follows: He gladly heard what you said, in the first place, about our Faith. All praise of the true Faith makes him happy. For the just man liveth by Faith. 1 Without Faith one cannot please God. It is Faith which unites us with the mystical body of Christ and makes us share the eternal inheritance. It is Faith which makes us sons of God, as Scripture says: He gave them power to be made the sons of God, to them that believe in his name. 2 Faith is the foundation of hope and sustenance of the heart. It gives direction to the voyage and means to obtain salvation. Our king has been born, raised, grown up, and lived in this Faith. In it he wishes to die and be buried. When needful, he will refuse no labour nor danger for its protection and defense, and he has no other desire than to offer to God, as long as he lives, the most acceptable gift -an uncorrupted faith, and an unyielding virtue of mind, an illustrious praise of devotion. 3 For he knows that all those who have preserved, aided, or enlarged the Faith of Christ 4 have a special place prepared where they may enjoy an eternal life of happiness. [4] As for what you said in the second place, His Royal Highness knows it to be true for in recent years he has -to his great sorrow -been informed by frequent messages and letters about the Turks laying waste to Hungary and Greece. His Royal Highness also has personal knowledge of the blasphemies perpetrated by the Sultan, for inspired by fervent devotion he desired to see the country where Our Lord was born and suffered, and to kiss the earth trodden by His feet. At great risk, he crossed the archipelago with its islands, visited Jerusalem and travelled through Syria.

Excellence of the Catholic Faith

Turkish attacks against Christianity

There His Highness saw the tyrannical frenzy of the savage Sultan, a monster more than a man, and his impious treatment of the Christians: He robs Christian men, innocent, just, and dear to God, of their home, he plunders their estate, he loads them with chains, shuts them up in prison, and punishes them with wild beasts, swords, and fire. And not content with a brief endurance of their sufferings, and with a simple and swift exhaustion of pains, he sets on foot tedious tortures, by tearing their bodies; he multiplies punishments by lacerating their vitals. Nor can his brutality and fierceness be content with ordinary tortures; his ingenious cruelty devises new sufferings. 1 So His Royal Highness knows about the doings of the Sultan and the plots of the Turk. He suffers and feels with the Christian people. But these things are done with God's permission 2 for because of our sins our adversary has been given power to cause us grief, as it is written: 3 Nabuchodonosor, king of Babylon came to Jerusalem, and besieged it; and the Lord delivered it into his hand … Now power is given against us in two modes, as Cyprian says, either for punishment when we sin, or for glory when we are proved. 4 About the first it is written: Who hath given Jacob for a spoil, and Israel to robbers? hath not the Lord himself, against whom we have sinned? And they would not walk in his ways." 5 About the second the Holy Spirit says through Moses: The Lord your God will afflict you and send you hunger that the things that were in thy heart might be made known, whether thou wouldst keep his commandments or no. 6 For faith, if when tried it shall stand fast, is crowned. 7 And Paul says: there must be also heresies: that they also, who are approved, may be made manifest among you. 8 This way the faithful are approved, the wicked detected, and even before the Day of Judgment, the souls of the righteous and of the unrighteous are already divided, and the chaff is separated from the wheat, 9 for virtue is perfected through adversity. 10 So, these [5] In the third place you explained how concerned and anxious is your Lord Duke for the protection and defense of the Christian name, and that he has turned all his attention to the defense and exaltation of the Faith. This His Royal Highness greatly commends. For there is no more fruitful and glorious occupation for great princes than that. This is why David was praised as a hammer against the Philistines. This is why the Machabees' constancy in resisting Antiochus is admired. And this is why Ezechias was glorious in his victory over Sennacherib. Thus, many men in both the Old and the New law pleased God when they undertook the protection of the Faith. [6] In the fourth place, His Serenity, the Lord King is ready and -out of personal conviction1 prepared to take counsel with Our Most Holy Lord concerning this necessary, salubrious and great matter. And since he intends to go to Rome as soon as possible, he will very soon have the opportunity to lay the matter before the Supreme Pontiff and to discuss it with him. Observingfor a long time -how the great power of the Sultan and of the Turk seriously and fatally threatened the necks of the Christians and grew more and more insolent, he has been carefully considering how to contain their audacity, how to tame their fury and how to reduce their power. But seeing how greatly they have grown [in power] -though God may just as well win with few than with many -it did not seem possible to human reason to be able to destroy the enemies' great strength, their large a war apparatus and their great forces, unless the whole of Christendom should rise up and go against the enemies with burning courage, common counsel and one mind. Therefore, he is looking forward to the opportunity to speak with the Supreme Pontiff and to discuss this matter. Indeed, he intends to go to Rome as soon as possible and have consultations on this and on many other urgent affairs of the Christian Commonwealth, and to follow the advice and useful counsels of that See. And now that your prince has declared his vital interest in the matter, His Royal Highness will take it up so much more willingly and recommend it to the pope, and he will do all he can for the peace of the Christian people and the defense of the Faith. His whole desire and intent is to offer to God the most acceptable gift-an uncorrupted faith, and an unyielding virtue of mind, an illustrious praise of devotion,2 for he does not doubt that thus he shall merit a tranquil life in this world and eternal happiness in the next. In 1452, twelve years after the election of Friedrich, Duke of Austria, as Holy Roman Emperor, the time had finally come for his imperial coronation in Rome. 2 By no means all elected emperors managed to get crowned as emperor, and the imperial coronation in Rome in 1452 was actually the last one to take place in Rome, and the penultimate one to by performed by a pope.

Duke Philippe's concern for the defence of Christianity

Joint European military campaign against the Turks

In 1452, a "proper" imperial coronation -by the pope, in Rome -still conferred a certain degree of legitimacy and authority on the emperor, not to mention the prestige accruing to the pope who crowned him.

It was not a simple or straightforward matter. Any imperial progress in Italy was fraught with danger and risk for the emperor, for the Italians and for the papacy, since frequently an imperial visit took the form of a military expedition aimed at reasserting the rights and power of the German emperors over the Italian part of the Holy Roman Empire. And even in the case of a peaceful imperial progress, the benefits and appointments bestowed by the emperor were likely to affect the delicate balance of power in Italy. So, even if the intentions of Friedrich III were entirely peaceful, Pope Nicolaus had his misgivings about the whole affair.

Moreover, at that time the Austrians were entering into open rebellion against the tutelary government of Friedrich in his capacity as guardian of his cousin Ladislaus, Duke of Austria and King of Bohemia and Hungary. Though Friedrich did not govern these two kingdoms on behalf of his cousin, the Austrians were soliciting their support.

So, during the whole triumphant progress of the emperor through Italy and the coronation festivities, the threat of a political catastrophe at home was rapidly growing, which put rather an awkward complexion on the whole enterprise.

In Rome, the emperor would graciously fulfil the role assigned to him in the rituals developed over the centuries by the Roman Papacy, underscoring the papal claims of supremacy over the religious and secular spheres 3 as well as the papal pretensions of approving and creating (and removing) the emperors.

1 CO, I, 23 (Meserve,I,; HA, I, pp. 133-186; II, pp. 515-675; Ady, pp. 113-119; Boulting, pp. 190-197; Koller, pp. 115-126; Mitchell, pp. 110-112; Paparelli, pp. 136-145; Pastor, I, III, ch. IV; Reinhardt, pp. 155-161; Stolf, pp. 147-149; Toews, pp. 226-230; Voigt, III, 1, pp. 40-49 2 Concerning the motives for the election and the reasons for the delay of 12 years, see the oration "Fateor" [15] 3 See the oration "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF], sect. [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF][START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF][21][START_REF]Pasce oves meas. Et iterum: Tibi dabo claves regni caelorum et quodcumque ligaveris super terram, erit ligatum et in caelis, et quodcumque solveris super terram[END_REF][START_REF]Ex qua re moti veteres sanctique patres Romanam ecclesiam beatorum Petri et Pauli martyrio consecratam in orbe toto venerabilem praecipuamque sanxerunt. Nec dubium est, quin illi quidquid ubique fidelium est, commissum videatur, quae totius corporis caput esse designatur. Talibus igitur institutis talibusque fulti 7 auctoritatibus plerique pontificum, alii reges, alii imperatores excommunicaverunt. Et si speciale requiritur de principum personis exemplum, beatus Innocentius 8 papa 9 Arcadium 10 imperatorem percussit anathemate, quia 11 Johannes Chrysostomus, ut 12 a sua pelleretur sede, consensit 13 . Zacharias regem Francorum non tam pro suis iniquitatibus quam pro eo, quod tantae potestati erat inutilis, a regno deposuit ac Pipinum 14 , Caroli magni patrem, ejus loco suffecit. 1 vel add. V 2 Paulus in marg. A, D, G 3 omit. U1 4 censuri U1 5 et quodcumque solveris … in caelis omit. F, U1 6 cum F 7 suffulti G 8 Innocentius papa[END_REF][24][START_REF]Illud ad rem nostram accomodatum exemplum nequeo praeterire: post Henricum quartum Lotharius Saxo 1 ad imperium vocatus est, adversus quem cum Fridericus et Conradus, magnanimi juvenes, arma movissent, quia genus Henrici, cujus sorores matrimonio sibi assumpserant, humiliare atque opprimere videbatur 2 , ab Honorio 3 papa sunt excommunicati, nec prius absolutionis obtinere beneficium 4 quam Caesaris gratiam potuerunt. mirum si Austriales aliquos suo principi insultantes Nicolaus pontifex admonet? Beatus Ambrosius 5 , licet sanctus, non tamen universalis ecclesiae episcopus, pro culpa, quae aliis sacerdotibus non adeo gravis videbatur, Theodosium 6 magnum imperatorem excommunicans ab ecclesia exclusit[END_REF][START_REF]Vivere 1 te cupimus longos, Alphonse, per annos, Aurea quo nobis saecula rege patent[END_REF][27][START_REF]Quid nunc in casu nostro dicemus? Arripuerunt arma nonnulli ex Austria; ducatus regimen, quod imperator obtinuerat, invaserunt; judices 1 , quos ille constituerat, excluserunt; putaverunt 2 se jure uti suo. Contra, Caesar offensum se dicit. Quis hic judex? Quis litis decisor erit? Non Bohemus aut Hungarus: nihil ad hos Austriae negotia pertinent 3 . Non Suevus, non Bavarus, non electores imperii 4 : nullus hic regum 5 judicium hoc jure suscipiet, omnes imperatore minores sunt. Quis igitur in tali negotio, nisi Romanus praesul 6 legitime judicabit 7 , qui communis est omnium pater, ecclesiae caput, magister fidei[END_REF] The imperial party reached the gates of Rome on 8 March 1452. According to tradition, it had to remain outside until the next day, although Piccolomini was immediately called to consult with the pope.

On the 9th, the emperor entered Rome in a solemn and splendid procession, and eventually reached the Basilica of Saint Peter's in front of which Pope Nicolaus was waiting, surrounded by his cardinals. The emperor saluted the pope according to the prescribed rituals, kissing his holy feet, and even making the oath that Emperor Sigismund had refused to make at his imperial coronation 15 years before. 1 The emperor then commanded Bishop Piccolomini to make a short oration on his behalf, the "Quam laetus quamque secundus".

The Duke of Milan's ambassadors wrote to their duke about the event: "l'imperatore . Then he commanded Enea to briefly address the Supreme Pontiff in his name. 3 And in the second/third edition of 1454-1458:

Then he commanded Bishop Enea to speak briefly in his name, as appropriate to the meeting of the two leaders of the world. 4 In his Commentarii, Piccolomini -as Pope Pius II -wrote: The emperor entered the city and kissed the holy feet of the pontiff before the doors of Saint Peter's. At his command, Aeneas then delivered a speech. 5 His contemporary biographer, Campano, had this to say: The day afterwards1 he gave an oration on the crowning of the emperor. 2And Voigt, tersely, wrote: Enea sprach dazu einige Worte im Namen des Königs. 3Indeed, it was not an important speech, but just a formal politeness shown by the arriving emperor to his host, the pope. 4 Apart from complications connected with the coronation with the Lombard iron crown and the usual squabbles of precedence among ambassadors, the coronation went brilliantly, and the pope and the emperor afterwards had occasion to settle a numbers of more and less important issues, but most importantly to cement the alliance between the Holy Roman Empire and the Papacy. These were the two only international institutions in Europe, but both had lost the power, the importance and the prestige they had in the Middle Ages and were sorely in need of each other.

One result of their consultations was a pledge from the pope to support the emperor against the Austrian rebels, leading to a papal monitorium against these. 5 Little did it help, however: the spiritual weapon of the Papacy proved as ineffective as was the emperor's own military response to the rebellion which later reached its objective when King Ladislaus was freed from Friedrich's wardship and moved to Vienna.

Thus, the Austrian rebellion became a fatal counterpoint to the whole coronation event, throwing a glaring light of reality over the outmoded political models and papal pretensions connected with the imperial coronation. Voigt justly commented: Wohl glückte es, einen glänzenden Schein zu gewinnen, aber dieser Schein, ein hohles Schauspiel, sollte nur die Demüthigungen, die ihm folgten, desto greller beleuchten. 6 Apparently, the oration "Quam laetus quamque secundus" has not been known previously to scholars, e.g. Hack, who wrote (in 1999) that Über den Inhalt der kurzen Begrüssungsreden, die Papst Nikolaus V. sowie Enea Silvio im Namen des Kaisers hielten, ist nichts bekannt; die Worte des beteiligten Sieneser Bischofs … deuten lediglich auf einen Austausch von Höflichkeiten.1

Themes

Though the oration is just a short, formal address, there are a couple of themes worthy of interest:

Empire and papacy

The titles used by Piccolomini in addressing the pope, on behalf of the emperor, are traditional, but significant.

The emperor himself is presented with the titles of Divus Caesar, Romanorum Rex Augustus, and called pius, felix ac triumphator.

The pope is given the titles of Romanus beatissimus maximus praesul, Petri successor, verus Jesu Christi Vicarius, aeterni regni claviger, and called venerandus, pius, sanctus, incorruptus pater.

The papal titles of "Successor of Peter" and "Vicar of Jesus Christ" are highly important. The first title expresses the papal claim of succeeding to the status and powers of Saint Peter, to whom the Lord himself gave the power to bind and to loose. The second title, Vicar of Christ (i.e. of God), was first used by Pope Innocent III (1198-1216). It signaled the supremacy of the papal office, also in temporal affairs. 2A little later in the oration, Piccolomini describes the meeting between pope and emperor as a meeting of the two lights, the two eyes of the world, the two supreme swords, the two greatest powers, of which One has charge of mens' bodies and the other of their souls. Here, it would appear that the two offices, the imperial office and the papal office, are on the same level. However, a year later, in his great oration, "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF], against the Austrian rebels, Piccolomini wrote: The pope is greater than a count, superior to a duke, higher than a king, and even more exalted than an emperor. 3 And when he himself became pope, he told the Congress of Mantua that Our words are the words of God since We -however unworthy -are the Vicar on Earth of His son, Jesus Christ. It is Him who bids us speak; it is Him who puts the words into our mouth. 1 Clearly, it is the pope and not the emperor who is God's vicar on Earth, and his office is not limited to spiritual and religious affairs.

Although in general Piccolomini was quite the realist, in this area he had absorbed the -by thenobsolete claims and pretensions of the medieval papacy, so he would be in for quite a disappointment when, six years later, he himself became pope. This statement is in remarkable contrast to the claim made by Piccolomini later that year, in his oration on the Austrian rebellion, where he said about the imperial voyage to Rome that there was absolutely no danger on the whole route.2

Austrian difficulties

Date, place, audience and format

The emperor entered the City and met the pope on 9 March 1452, and the oration was delivered on that occasion.

The place was the piazza before the Basilica of San Pietro.

The audience was the pope, the emperor, their courts and the assembled notabilities and the people.

The format was an ambassadorial address to the pope, on behalf of and in the presence of the emperor.

Text 1

Although Pius mentions the speech in his Commentarii, it was not included in the Collected Orations of Pius II, compiled in 1462 under his direct supervision. It is therefore not extant in the seven manuscripts containing that collection.

Manuscripts 2

The oration is extant in two manuscripts:

Firenze / Biblioteca Riccardiana 346, fol. 20v-22v (R) * Krakow / Bibliotheka Jagiellonska 42, fol. 83r -83v (K)
The Krakow manuscript is not complete, as the last lines of the text are missing.

The analysis of the textual variants shows that the two extant texts cannot have been copied directly from each other, but derive from the original text through different lines of transmission.

Editions and translations

The oration was not included in Mansi's collection, and apparently it has not been otherwise published or translated.

Present edition

For principles of edition (incl. orthography) and translation, see Collected Orations of Enea Silvio Piccolomini / Pope Pius II, vol. 1, ch. 9-10.

Texts:

The edition is based on the two extant manuscripts with the Firenze ms. as the lead text.

Pagination:

The pagination is from the Firenze manuscript. Enea's oration at the coronation of Emperor Friedrich [1] Holy and Supreme Bishop of Rome, 1 Your Holiness knows better than I can describe in an oration how glad and joyful Friederich, 2 Holy Caesar 3 , August King of the Romans, pious, happy, and triumphant, is in your presence. 4 But as I have been commanded to speak, I shall do sobriefly, however, as time does not allow for many words.

Sources

Our Augustus gives great thanks to Pious God for being able to see you face to face, Successor of Peter, true Vicar of Christ, Keybearer of the Eternal Kingdom, venerable, pious, holy, and honest father who loves him well.

Often Caesar has been invited through your letters and envoys, and he did wish to come earlier.

But while he was preparing this voyage, a stepmotherly Fortune changed conditions for him more times than Hydra 5 grew new heads 6 before Hercules 7 . Therefore, he finally had to cut through the inextricable knots of Fortune rather than to untie them -just like they say that Alexander 8 did with the knot on Gordias´ chariot. 9 [3] Oh, festive, happy and memorable day when the two great lights are meeting, the two eyes of the world, the two supreme swords, the two greatest powers, of which one has charge of mens' bodies and the other of their souls. 1 Who can adequately describe the holy and venerable solemnity of this day? What shall I say? Now, we can take satisfaction in our labours and with pleasure remember our toils. 2 Great is Caesar's joy, great his pleasure today -and quite rightly so. I have been reading the annals of the emperors: no emperor has ever come here from Germany so peacefully, so honourably, and so magnificently as this one who has come to be crowned in the company of his queen 3 and with an admirable following of princes. Also Heinrich VII 4 came to Italy accompanied by his spouse 5 , but she died before she could see Rome. Karl IV, 6 too, had his wife with him, 7 but she was German, belonging to his own nation. 8 But coming from Austria, Friedrich has brought with him to this City his betrothed wife, Leonora, of the ancient house of Portugal, still a maiden, beautiful in body and even more beautiful in character 9 , who has travelled to Italy from the furthest regions of Spain and indeed of the world. 10 1 Note, that here, like in the oration "Moyses vir Dei" [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] some weeks afterwards, also delivered in the presence of both pope and emperor, there is not mention of papal supremacy over the emperor in the secular realm 2 Piccolomini himself had had the main responsibility for preparing the emperor's journey in Italy, obtaining safeconducts from all the states to be passed through, and calming the general fear, even the pope's [4] Present is also Ladislaus, 1 honourable offspring of Albrecht, 2 grandson of Sigismund, 3 illustrious King of Bohemia and Hungary. Though he is still a boy, he is the hope and expectation of many and great peoples. 4 Present is moreover Albrecht, 5 exalted Duke of Austria, strong in war, modest in peace, mature in counsel. And present are many princes, dukes, counts, barons, mighty nobles and honourable lords who willingly assist and serve Caesar. Thus, let Caesar rejoice with his whole heart 6 as he sees himself surrounded but such company in your presence. [5] Yet, so that his joy may be the firmer and more complete, he urgently asks Your Holiness to bestow the imperial crown, expected, promised and due, both on himself and on his consort and as soon as possible to decide the day, the place and the form of the coronation. For it is him whom the German nobles have wanted, him whom the princes have elected, 1 him whom the bishops have crowned in Germany, 2 him whom your predecessor Eugenius has approved, and him whom Your Holiness has always and highly commended. With complete diligence 3 and devotion he will do for you and your Holy See all that is required by law and custom and that the other Caesars, to be crowned or having been crowned, used to promise or to do. Praise be to God. 1 2 February 1440 in Frankfurt a.M. 2 17 June 1442 in Aachen 3 "ad unguem, ut ajunt": to the nail, as they say Praise of the pope [2] 3.

Papal supremacy [3] 4.

Ladislaus' declaration of obedience [4] 5.

Kings' submission to God and religion [5][6] 1. Context 1 When Friedrich III travelled to Rome for his imperial coronation in 1452, he brought with him his ward and cousin, the 12-year old Ladislaus the Posthumous, Duke of Austria, King of Hungary and King of Bohemia. He had at least three reasons for doing so. One was to manifest to the international public the eminence of the House of Austria (Habsburg). Another was to enhance his status as emperor, being attended at his own coronation by a king of two Christian realms. And the third was to avoid that during his absence in Italy, Ladislaus would be forcibly removed from his wardship by rebellious Austrian subjects, unsatisfied with his tutelary government of Ladislaus´ Austrian dukedom. 2 During the voyage of the imperial court to Rome, someone must have had the idea that the boy king should address the pope in a formal oration of obedience. Having princely or otherwise gifted children deliver orations to high-ranking persons was a much appreciated mark of politeness -or, as Maxson would say, a cultural gift 3 -in Renaissance Italy. Thus Galeazzo Maria, son of Duke Francesco Sforza of Milan, at the age of eight years gave a speech -written by the prestigious humanist Francesco Filelfo -to Emperor Friedrich III during his stay in Ferrara on his way to the imperial coronation in Rome. 4 And Poggio Bracciolini, possibly even more prestigious, wrote an oration, the "Si quis umquam" 5 to the Emperor do be delivered by his son Giovan Battista, then 12 years old, though in the end the oration was not actually delivered. 6 And the Duke of Milan's daughter, Ippolita, delivered a short speech in Latin to Pope Pius II in 1459, when she was 13 years old, a speech which received a wide circulation and is extant in a large number of manuscripts. 7

1 See also introductions to the orations "Quam laetus quamque secundus" [17] and "Moyses vir Dei" [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF], both delivered by Piccolomini in connection with the imperial coronation in March 1452, Rome 2 In this matter, the Austrians were allied with the nobles in Ladislaus' two kingdoms who did not want their king to be the emperor's ward. See oration "Sentio" [10] 3 Maxson 4 Lazzaroni: Ma il giorno dopo, lunedi mattina, mentre S.M. usciva dalla capella del palazzo, dove aveva ascoltato la messa, il fanciullo gli fece innanzi e, baciatagli la mano e fatte le debite riverenze, comminciò a recitare un discorso con tanta gravità, modestia e buona pronunzia, così correntemente e tanto correttamemnte da destare la meraviglia in tutti i presenti, specialmente nell'Imperatore. Il discorso, preparatogli dal Filelfo, era della lunghezza di due capitoli dell'evangelio di S. Giovanni, ma egli non si smarrì, che anzi rivelò in tale circostanza doti non comuni di memoriae di intelligenza e meritò la lode e l'ammirazione che si tributerebbe ad un uomo di 30 anni, poichè nel suo dire e nei suoi gesti pareva che l'avesse più che mandata a memoria, improvisata con ogni perfetta dottrina e con naturalezza e spontaneità oratoria. Fu complimentato festeggiato dall'Imperatore These examples demonstrate what D'Elia calls a fondness for child prodigies and a belief in the difficulty and importance of a classical education in Italian society. 1 Reports of the orations written by Filelfo and Poggio Bracciolini for Galeazzo Maria Sforza and Giovan Battista Bracciolini respectively may have inspired the author of the text to write this oration to the Pope for the 12-year old Ladislaus, but this is conjecture. The early editors of the oration (Raynaldus, Müller) report the oration as having actually been held by Ladislaus, 2 but if so, it is rather curious that it is mentioned by Piccolomini neither in his oration "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF] written later in 1452, where he specifically mentions Ladislaus' contacts with the pope during his stay in Rome, nor in his Historia Austrialis (1. Version 1453), nor in his Historia Bohemica, nor in his later Commentarii. In the absence of evidence to the contrary, it is safest to presume that the oration was not actually delivered by Ladislaus.

One might then wonder why not, and an obvious reason comes to mind: the oration's emphatic declaration of papal supremacy even over emperors and kings would probably not have been palatable to the emperor and his advisors. In order to obtain his coronation, the emperor went quite far in his acquiescence to papal ceremonial designed to underscore the pope's preeminence, but there was probably a limit to what he would accept.

Themes

Apart from the classical captatio benevolentiae, the standard praise of the pope and the formula of obedience the major theme of the oration is papal supremacy in both the religious and the secular field, surpassing even the authority of the emperor:

In this respect, the author makes two fundamental assertions:

 As there is only one supreme monarch in Heaven, there can only be one supreme monarch on Earth. The author does mention that many question this, claiming that only the care of spiritual matters has been entrusted to the Supreme Pontiff, whereas earthly power has been given to the Roman emperor [sect. 3]. This statement reflects the division of power into two different and separate spheres, the secular and the religious, proposed by Pope Gelasius I (d. 496), endeavouring to establish a religious authority independent of the emperor, who was previously the absolute master of all, including the Church. The author refutes this view, but in the end, he makes Ladislaus proclaim his obedience to the pope with an important reservation: I am not the lord of the Church, but its son, and in matters of God I am subject to the priestly rule" [sect. 6]. The important point here is: in matters of God. This may be a carefully formulated compromise. For those who wish to maintain the secular government's independence of the pope, the phrase limits the pope's authority to religious matters. For those who wish to maintain the pope's authority in both the secular and the religious sphere, everything is the matter of God. And even if the pope should not intervene in the ordinary exercise of temporal power, he has -as Pope Innocent III had declared two and a half centuries before -supreme authority to intervene in extraordinary matters, e.g. wars between Christian nations, blatant immoral acts of a secular ruler, and failure of the secular system of justice, as Piccolomini himself stated in the oration "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF], 1 written later in the same year.

Authorship

There is no external evidence pointing directly to the author being Piccolomini, but if somebody at the imperial court should write an oration to the pope for the 12-year old King Ladislaus, Piccolomini would be quite the logical choice: his Latin speechmaking was generally considered to be eminent, and he actually spoke for the emperor himself to the pope on at least three occasions during the emperor´s stay in Rome in 1452, 1 which nobody else did.

Moreover, none of the other members of the Imperial Court who were able to write a Latin oration of obedience for King Ladislaus would have Piccolomini's background and motivation for drafting a text which heavily reasserted the medieval papal claim of supremacy even over the emperor. Piccolomini was, after all, a confirmed papalist, soon to be appointed papal delegate, and firmly engaged in an ecclesiastical career aiming directly at high office at the papal curia andat least -the cardinal's hat.

The internal evidence consists in similarities of content and style with other of Piccolomini's orations and writings.

3.1.

Similarities of content 2

Fear of God

The theme of rulers needing to fear and revere God and the Church, and to show great humility, Piccolomini had developed in a book, the Liber de liberorum educatione, written to King Ladislaus himself, two years before, when the boy was 10 years old. The author reused it -slightly reworked -in the "Cum animadverto", forming almost one third of the oration:

Formula of obedience to the pope

The formula of obedience to be used by King Ladislaus was reused by Piccolomini in his oration of obedience on the emperor's behalf to Pope Calixtus III, the "Solent plerique" [START_REF]Vivere 1 te cupimus longos, Alphonse, per annos, Aurea quo nobis saecula rege patent[END_REF] four years later:

Oration "Cum animadverto" (1452)

Gelasian separation of imperial and papal power

The reference to Pope Gelasius' (d. 496) doctrine of imperial and papal authority as constituting two separate power spheres, used by oppponents to counter the claim of papal supremacy (also) in secular affairs, is mentioned both in the "Cum animadverto" and -further developed -in the "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF], written some months later:

Oration "Cum animadverto" (1452)

Nam ut in illa unus Deus creator omnium sceptrum tenet, ita in hac tibi uni tantum Dei vicario totius orbis imperium delegatum esse constat, ut enim sancta fatetur ecclesia: Constituit dominus pontificem super gentes et regna, ut evellat, disperset, et plantet, quamquam igitur non ignorem complures hoc in dubium revocare, solam spiritualium rerum curam summo pontifici datam esse, terrestre autem imperium Romano datum imperatori affirmantes. [Sect. 3] Oration "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF]

Focus on the liberal arts

Piccolomini had great love for and focus on the liberal arts, often mentioning them before the other sciences and, indeed, the sacred disciplines. Below are given two parallel examples from the "Cum animadverto" and the "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF], as well as one from a papal oration "Catherinam Sensensem" [START_REF]Perscrutandum modo est ex hac Austrialium novitate numquid patriae commoditatis aliquid accesserit, ut adversantes gloriantur 1 ? Verto me omnes in 2 partes: ex novitate nihil video boni natum, mali plurimum sese offert. Diu Caesar apud Austriales, apud Viennam versatus est. Nulli umquam aut domum, aut agrum, aut liberos, aut uxorem 3 , aut pecuniam abstulit, quamvis hoc esse jus regis Israelitico populo Samuel affirmaverit 4 . Fuit 5 apud eos inter illustres viros, consuluit patriae, pepercit afflictis, fera 6 caede abstinuit, tempus irae dedit, pacem tenuit, libertatem fovit, religionem auxit. Nihil est, quod Caesari valeant imputare, nisi fortasse nimiam lenitatem; mitior 7 enim fuit, quam regem decuit. Numquam dominum, semper patrem experti sunt. Feroces eos regia mansuetudo fecit. Creverunt opes illo regente, et hujus urbis deliciae 8 , aureaque, ut perhibent, sub 9 illo rege fuerunt saecula, sic placida 10 populos in pace regebat[END_REF] from 1461.

Oration "Cum animadverto" (1452)

In your heart you have, from your most tender age, kept sacred all the liberal arts, all branches of knowledge, and -most important of all -the knowledge of the divine scriptures, as if they were -so to say -your household deities. [Sect. 2.] Oration "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF] (1452)

Christ Our Lord spread the studies of the good arts, all teaching, and the Catholic Faith itself to the Western and Northern regions with the aid of Roman virtue. [Sect. 3] Oration "Catherinam Senensem" [START_REF]Perscrutandum modo est ex hac Austrialium novitate numquid patriae commoditatis aliquid accesserit, ut adversantes gloriantur 1 ? Verto me omnes in 2 partes: ex novitate nihil video boni natum, mali plurimum sese offert. Diu Caesar apud Austriales, apud Viennam versatus est. Nulli umquam aut domum, aut agrum, aut liberos, aut uxorem 3 , aut pecuniam abstulit, quamvis hoc esse jus regis Israelitico populo Samuel affirmaverit 4 . Fuit 5 apud eos inter illustres viros, consuluit patriae, pepercit afflictis, fera 6 caede abstinuit, tempus irae dedit, pacem tenuit, libertatem fovit, religionem auxit. Nihil est, quod Caesari valeant imputare, nisi fortasse nimiam lenitatem; mitior 7 enim fuit, quam regem decuit. Numquam dominum, semper patrem experti sunt. Feroces eos regia mansuetudo fecit. Creverunt opes illo regente, et hujus urbis deliciae 8 , aureaque, ut perhibent, sub 9 illo rege fuerunt saecula, sic placida 10 populos in pace regebat[END_REF] (1461)

Only religious and holy words came from her, and all her talk was about morals, the studies of the good arts [i.e. the liberal arts], religion, piety, contempt of the world, the love of God and one's neighbour, and the Heavenly Fatherland.

It is highly doubtful, that Catherine of Siena would have put the liberal arts on par with religion, Faith etc., but Piccolomini managed to slip them in, anyway!

Ladislaus' following in the footsteps of his ancestors

The theme of Ladislaus' reverence for the pope recurs, in the opposite sense, in the "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF]:

In the "Cum animadverto", Ladislaus promises to always revere the pope as his forefathers had done:

Cum animadverto (1452)

Majores etiam mei, qui vel Hungariae1 , Bohemiae, vel Austriae praefuerunt, hujus divinae sedis praecipui semper amatores et cultores fuerunt. Eorundem progenitorum meorum vestigiis inhaerendo te aeternae vitae clavigerum summa, quoad vixero, reverentia prosequar. [Sect. 4] In the "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF], Piccolomini promises that pope will always favour Ladislaus, if he -following in the footsteps of his ancestors -shows reverence for the Church and the pope:

Oration "Sentio" (1452)

Multa suae celsitudini et apud Hungaros et apud Bohemos imminebunt, quae sedis apostolicae praesidiis indigebunt. Numquam ei favores aberunt, si progenitorum vestigia sequens matrem suam ecclesiam et Christi vicarium condigna devotione coluerit. [Sect. 13]

Combining arguments from the Bible and classical authors

Piccolomini liked to prove some point by parallel use of Christian, and most of all the Bible, and classical, pagan sources. 2 The "Cum animadverto" provides a typical example, citing both the Bible and Valerius Maximus in support of the necessity of submitting to religion:

The greater I have been born, the humbler I should act, bowing my neck to religion, and participating in the divine offices. For everything comes easily to those who have the worship of God at heart. Seek ye therefore first the kingdom of God, scripture says, and his justice, and all these things shall be added unto you. 3 Though the Romans were gentiles, they held that all things must yield to religion, even in the case of personages in whom it wished the splendour of most exalted dignity to be displayed. So holders of state power never hesitated to minister to holy things in the belief that theirs would be the governance of human affairs only if they gave good and faithful service to the power of the gods. [Sect. 5]

Citation

The verse from Jeremiah, 1, 10: Ecce constitui te hodie super gentes et super regna, ut evellas, et destruas, et disperdas, et dissipes, et aedifices, et plantes is used both in the "Cum animadverto" [sect. 3] and some months later in the "Sentio" [20] [sect. 31] to justify the assertion of papal supremacy.

Similarities of style

A couple of similiarities of style support the notion of Piccolomini's authorship of the oration:

Though the captatio benevolentiae is a classical rhetorical device, following its own set rules, the captatio benevolentiae in the "Cum animadverto" is clearly reminiscent of the ones in Piccolomini's orations to popes Eugenius IV, the "Non habet me dubium" [11] of 1447, and to Pope Nicolaus V, the "Fateor" [15] of 1450 as well as in other of his orations.

Conclusion

To the present editor, the accumulated evidence clearly points to Piccolomini's authorship.

It is possible that Piccolomini did not compose the oration alone, but in collaboration with other qualified members of the imperial party, like Heinrich Leubing, 1 who spoke for the emperor at his meeting with his future bride, Princess Leonora of Portugal, in Siena, some weeks before the coronation, 2 or Johann Hinderbach, colleague and friend of Piccolomini, 3 or possibly Kaspar Wendel or Johann Tröster, both tutors of Ladislaus, who accompanied him on the imperial voyage to Rome 4 and who would have been familiar with Piccolomini's De liberorum educatione.

There is also, of course, the theoretical possibility that one of these colleagues of Piccolomini wrote the oration which Piccolomini would then have made use of in his almost contemporary oration "Moyses vir Dei" [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF], the "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF] written later the same year, the "Solent plerique" ]26] from 1455, and the "Dominatorem caeli" [35] from 1459, but it is somewhat difficult to understand why Piccolomini/Pius would make use of the writings of lower-ranking German litterati whose literary skills he might approve of, but would certainly not admire, while he himself was the acknowledged master of speechmaking. In the absence of further evidence, this explanation is not retained.

In conclusion, the "Cum animadverto" is -in the light of present evidence -considered most probably to be a text of an oration of obedience to Pope Nicolaus V, written for King Ladislaus the Posthumous, by Enea Silvio Piccolomini, alone or in collaboration with other members of the Imperial Court.

Date, place, audience and format

The text was written in March 1452, when the imperial party stayed in Rome, or a short time before. It was intended to be delivered in Rome, in the presence of the pope and the cardinals, probably a public consistory. The format is an oration by a prince to the pope. However, the oration was most likely never delivered, see above.  Zeitz / Dombibliothek 7, ff. 86v-87v

Editions

The text is known from two early editions: In a margin note Raynaldus refers to an earlier edition by Johannes Cochlaeus, which he presumably reproduced.1



Present edition

The present edition is based on the editions by Raynaldus and Müller.

Pagination is from Rainaldus.

Sources 2

In this brief oration, altogether 7 quotations from various sources have been identified: 1. Introduction [1] Most Holy Supreme Pontiff, when I see myself placed at the revered feet of Your Holiness, who represents Omnipotent God among men, and before this Most Holy Senate,1 in which the most brilliant stars of the whole world and men of outstanding learning and holiness are assembled, it is quite justifiable that in such an important matter I should experience some difficulty in choosing how to begin my oration and the words to hail you as the Supreme2 Prince of the Christians, King of Kings and God on Earth. For the presence of such divine greatness3 and the prominence of the audience require a form of address which combines great learning with elegance, something for which I know my own intelligence and eloquence to be largely inadequate. Indeed, I should prefer to remain silent and not undertake a task in which even powerful [speakers like] Cicero and Hortensius would be sorely tried. But Your Holiness' clemency restores my failing wits and lifts my slumping shoulders, as you always meet with incredible kindness all those who turn to you with a sincere heart and -I am sure -will not fail to show me your customary gentleness.

[2] Te namque, beatissime pater, non sine ratione beatissimum appellamus, quem admiranda probitatis omniumque virtutum merita, incorrupta vitae integritas, ad hanc eminentissimam sedem jure optimo extulerunt. Quis enim dignius in ea1 potuit collocari quam ille, quem a primis annis caelestem in terris2 vitam semper egisse constat, qui pro Christiana religione per innumeros casus, per varia itinera, per diversas mundi provincias omnem aetatem in maximis laboribus, in omni rerum difficultate contrivit, in cujus pectore omnes liberales artes, omnes scientiae et praestantissima in primis sacrarum litterarum doctrina, patrios -ut ita dixerim -penates, sibi a tenera ejus aetate consecrarent.

[3] Tu -inquam -dignissime militantis ecclesiae es caput, quae non sine ratione ad triumphantis exemplar dicitur ordinata. Nam ut in illa unus Deus creator omnium sceptrum tenet, ita 2. Praise of the pope [2] Most Holy Father, it is not without reason that we call you Most Holy, for you have been raised -and most rightly so -to this eminent See because of the admirable merits of your uprightness and all your other virtues, and your unspoiled integrity of life. Who was more worthy to be placed on this see than Your Holiness, who is known to have always led a heavenly life on Earth, and who has always worked hard for the Christian religion in many difficult situations, in various travels, in different regions of the world and with much labour. In your heart you have, from your most tender age, kept sacred all the liberal arts, all branches of knowledge,and -most important of allthe knowledge of the divine scriptures, as if they were your household deities.

3. Papal supremacy [3] You are -I declare -the most worthy Head of Church Militant, which is justly said to be modelled after the Church Triumphant. For in Church Triumphant God the Creator of all holds the scepter, and likewise in Church Militant power over the whole world is certainly entrusted to you alone as Vicar of God, as Holy Church proclaims: The Lord set the Pontiff over the nations, and over the kingdoms, to root up, and pull down, and to waste, and to destroy, and to build, and to plant. 1 I am perfectly aware that many question this, claiming that only the care of spiritual matters has been entrusted to the Supreme Pontiff, whereas earthly power has been given to the Roman emperor. 2 But what else should we believe that Christ meant when he only called Peter to him over the sea, when he gave him the power to bind and to loose, 3 and when he entrusted the care of his beloved flock to him? 4 He certainly wanted to create only one prince on Earth, who would act among men on Supreme God's behalf and with power from him, and from whom one true wisdom and one true Faith would reach the rest of mankind. Only on this man is based the sacrament of Christian Faith, to whom alone the Lord said: But I have prayed for thee, that thy faith fail not: and thou, being once converted, confirm thy brethren.

Ladislaus' declaration of obedience

[4] Thus, we all acknowledge Your Holiness as Our Lord's representative on Earth and as the teacher of leader of the Universal Church. We proclaim you to be the certain and undoubted successor of Saint Peter, the shepherd of the Lord's flock, the true interpreter of the holy gospels, the teacher of moral life, and finally the keybearer of the Heavenly Kingdom. Thus, Most Holy Father, I feel that this most happy day is a splendid one, in which God has given me to see, to honour, and to revere, present before me, this divine greatness with a sincere mind and true faith. Indeed, as I see Your Holiness [seated] on the exalted apostolic see, surrounded by these blessed and almost heavenly orders,1 I seem to be gazing with wonder at divine majesty on Earth. For my forefathers, who governed Hungary, Bohemia, Austria, have always had especial love and reverence for this divine See. Following in their footsteps, I shall show, as long as I live, the highest reverence for you as the keybearer of eternal life.

[

Kings' submission to God and religion

[5] And1 since all the sacred scriptures proclaim that God must be worshipped, I shall first of all give and entrust myself to Him. He is my creator, he is my Lord, to whom I owe everything. All men should thank God, but I am obliged to thank and serve him more than other people, since it is through His bounty that I have been born a king. I could have been born as a commoner or a peasant, but by God´s inscrutable judgment I have been placed on a high throne. This must not make me elated or arrogant. What has been given to me, could have been given to somebody else. The greater I have been born, the humbler I should act, bowing my neck to religion, and participating in the divine offices. For everything comes easily to those who have the worship of God at heart. Seek ye therefore first the kingdom of God, scripture says, and his justice, and all these things shall be added unto you. 2 Though the Romans were gentiles, they held that all things must yield to religion, even in the case of personages in whom it wished the splendour of most exalted dignity to be displayed. So holders of state power never hesitated to minister to holy things in the belief that theirs would be the governance of human affairs only if they gave good and faithful service to the power of the gods. 3 This is what we who know the true God should do. I shall therefore take care not to consider myself as above religion though I can rejoice in my status of a great prince. I am not the lord of the Church, but its son, and in matters of God I am subject to the priestly rule. 4 [6] Though Emperor Theodosius was very powerful and ruled the Roman Empire, he still bowed his neck to Ambrose, Bishop Milan, and humbly performed the penance imposed upon him. And Constantine showed the greatest reverence towards the priesthood and refused to pass judgment over bishops at the Council of Nicaea, declaring that gods should not be judged by men. 5 6 Following in the footsteps of these most Christian princes I shall unfailingly show the greatest reverence towards the priesthood, to which nature and God himself has directed me since my childhood, and at which all my efforts, all my desires, and all my thoughts have ever been aiming. Finally, I entrust myself as well as the dominions and realms due to me by hereditary right to your clemency, your faith, and your protection, and I shall never avoid any kind of difficulty, danger, labour, and or [in supporting] the honourable 7 state of Your Holiness.

SHORT VERSION: "MAXIMA"

The short version is mostly identical with the text in sect. 4-6 in the longer version, partly consisting in a quotation from Piccolomini's De liberorum educatione.

If the shorter version represents the original draft, it was expanded into a more elaborate version, containing also a formal declaration of obedience to the pope, and -in view of its length and complexity -probably not to be delivered by the boy king himself, but by an orator on his behalf, e.g. Piccolomini himself. The present editor considers this scenario to be the most likely. 1If the shorter version was the final one, it may have been abbreviated with a view to being delivered by Ladislaus himself.

The text is extant in some manuscripts listed by Kristeller in his Iter, and among them the: [15][16] 3.

 Würzburg / Universitätsbibliothek M ch
Feasibility of the expedition [17 -18] 3.1. It will be easy to gather an expedition [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF][START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF][21] 3.2. Chances of success are high [22-23] 4.

Conclusion [24][START_REF]Illud ad rem nostram accomodatum exemplum nequeo praeterire: post Henricum quartum Lotharius Saxo 1 ad imperium vocatus est, adversus quem cum Fridericus et Conradus, magnanimi juvenes, arma movissent, quia genus Henrici, cujus sorores matrimonio sibi assumpserant, humiliare atque opprimere videbatur 2 , ab Honorio 3 papa sunt excommunicati, nec prius absolutionis obtinere beneficium 4 quam Caesaris gratiam potuerunt. mirum si Austriales aliquos suo principi insultantes Nicolaus pontifex admonet? Beatus Ambrosius 5 , licet sanctus, non tamen universalis ecclesiae episcopus, pro culpa, quae aliis sacerdotibus non adeo gravis videbatur, Theodosium 6 magnum imperatorem excommunicans ab ecclesia exclusit[END_REF] 1. Context1

By 1452, the relentless Turkish expansion in Europe had become a permanent scare. In spite of some setbacks, the Turks had gained the upper hand through a decisive victory in the battle of Varna in 1444 where the Polish/Hungarian King, Wladyslaw III, and the Cardinal Legate, Giuliano Cesarini, had fallen. Turkish military pressure against the remaining unconquered parts of Balkan and against Hungary, the "Bulwark of Christianity", was intensifying. And the new, young and warlike Turkish sultan, Mehmed II, was making aggressive moves against Constantinople, the capital of the remnants of the Byzantine Empire.

The Turks were mentioned in a number of Piccolomini's orations, even in the first one, the "Audivi" [1], of 1436. In that oration Piccolomini had said:

Great is the realm of the Turks, immense is the power of the Asians and enormous their riches.

They have extended their empire from Asia to Europe, and they have occupied the whole of Greece as if they were the avengers of the destruction of Troy. To expel them from Greece would not be the task of a single city or state, but of the entire Christian world. 2 3 Though the Turkish expansion into Europe had become an important political and military issue confronting the European powers, these were embroiled in so many regional conflicts and wars and were so discouraged by their former defeats at the hands of Turks that it would be left to the frontier states, first among them Hungary, to deal with the threat.

Just to initiate the organization of a military response to the Turkish threat would take the energetic and concerted efforts of the two international leaders of Europe, Emperor Friedrich III and Pope Nicolaus V. In August 1451 the emperor had promised the ambassadors of Duke Philippe III of Burgundy to take up the matter with the pope during his projected visit to Rome (in connection with his imperial coronation). On behalf of the emperor, Bishop Piccolomini of Siena, in his capacity as imperial counsellor and diplomat had told the ambassadors, in the oration "Quamvis in hoc senatu" which may be considered the first of Piccolomini's Turkish orations 4 that:

Therefore, he [the emperor] is looking forward to the opportunity to speak with the Supreme Pontiff and to discuss this matter [the crusade]. Indeed, he intends to go to Rome and have consultations on this and on many other urgent affairs of the Christian Commonwealth, and to follow the advice and useful counsels of that See. And now that your prince has declared his vital interest in the matter, His Royal Highness will take it up so much more willingly and recommend it to the pope, and he will do all he can for the peace of the Christian people and the defense of the Faith. [Sect. 6] It was not an easy venture. Both emperor and pope were by nature cautious men and certainly not tempted by military adventures. The emperor, moreover, was at the moment threatened by conflicts with the Austrians, the Hungarians and the Bohemians because of his continuing wardship over the boy-king Ladislaus, by then 12 years old. So, he would be perfectly happy to leave any responsibility and initiative in the Turkish matter to the pope.

After their coronation in Rome, the imperial couple visited the empress' uncle in Naples, King Alfonso V. Returning from Naples, they passed through Rome and paid a last visit to Pope Nicolaus. At this occasion, the emperor asked Bishop Piccolomini to speak to the pope on the situation of the Christians living under Turkish rule and to present a petition for a crusade. This Piccolomini did in his oration to the pope, the "Moyses vir Dei" of 24 April, in the presence and on behalf of the emperor.

In the first version of his Historia Austrialis, written in 1453-1454, 1 i.e. a couple of years after the oration was delivered, Piccolomini wrote about the event in these terms:

Afterwards the Emperor requested Bishop Aeneas of Siena to give an account of the situation of the people of Jerusalem and of the Greeks and the other Christians living miserably under the rule of Turks. Because of the serious defeats suffered by the Hungarians, he was to express fears concerning the future of Constantinople and the necessity of coming to the assistance of the oppressed, and finally to incite to a crusade. This Aeneas did in a public consistory, also presenting the emperor's offer to assist this enterprise with all his power and with the whole empire if the Supreme Pontiff would undertake this matter. 2 In the second/third edition of the Historia Austrialis, composed three to four years afterwards, Piccolomini gave a more elaborate description of the event: In his later Commentarii, of 1464, Piccolomini, then pope, wrote as follows:

When the emperor returned and appeared again before the pope and the college of cardinals, Aeneas delivered two speeches in his name before a public audience. In one he thanked the pope and cardinals for the considerable favors they had granted the emperor; in the other he implored the pope to proclaim and prepare a crusade against the enemies of Christendom of Greece and the East. Of his two contemporary biographers, Campano wrote: When the emperor returned, Enea delivered two orations: in the first, he thanked Nicolaus and the College of Fathers, 1 in the second he urged the pope to undertake a war against the Turks. 2 Platina's comment is equally terse. 3 Piccolomini's 19 th century biographer Georg Voigt -predictably -considers the oration as the beginning of a papal/imperial campaign to extract money from the faithful under the pretext of a crusade. 4 Many people at the time would have shared this opinion, disregarding the sound assessment of the Turkish expansion that would lead to the fall of Constantinople only a year afterwards.

At any rate, those times were clearly past when a pope could raise the whole of Europe to go to war against the infidels. Piccolomini might not himself see this at the time, but the oration shows that at least he was quite aware of the problems: There are many, Holy Father, who when they hear talk about a crusade say: "Oh, that old dream, that old delusion, that silly nonsense!" [Sect. 17]

Possibly, the pope quite agreed with these sentiments, but nonetheless, he answered benignly -as might be expected -to the oration of the emperor's spokesman. In reality he did very little. 5 His successor, Calixtus III, was much more energetic in this area, but it fell to Piccolomini himself, as Pope Pius II, to mobilize the resources and energies of the papacy for a crusade -though in vain.

The "Moyses vir Dei" may not have been Piccolomini's first Turkish oration, but it was certainly his first full-fledged Turkish oration in a series of altogether 15 such orations on the Turkish matter which he would hold, as an imperial official and later as pope, reaching from the "Quamvis in hoc senatu" [17] in 1451, over the "Moyses vir Dei" in 1452, the "Constantinopolitana Clades" [START_REF]Pasce oves meas. Et iterum: Tibi dabo claves regni caelorum et quodcumque ligaveris super terram, erit ligatum et in caelis, et quodcumque solveris super terram[END_REF] in 1454, the "Cum bellum hodie" [START_REF]Quid 1 amplius? Annis XI Fridericus solus Austriam gubernavit 2 , non tamen sine consilio indigenarum 3 . Oboediverunt omnes, fidem servarunt 4 , nemo se opposuit, nemo contradixit, nemo testamentum Alberti 5 in medium adduxit 6 , nemo se absolutum promissionibus dixit, nemo litteras pactionum induxit 7[END_REF] of 1459, to the "Suscepturi" [START_REF]At 1 Austriales, ut eo redeam ex quo 2 sum digressus, spreto salvatore 3 , qui reddi Caesari[END_REF] which he gave in Rome right before leaving for Ancona and his deathbed, in 1464. These orations together with his concrete 4 Voigt, III, pp. 53-55 5 There may have been good reasons for his apparent inaction, though (Setton, II, pp. 104 ff.), including the virulent opposition of the Greek Church against the Latins and the Roman Church, and the complete lack of crusading enthusiasm among the Western rulers, not counting the Duke of Burgundy crusading initiatives would earn him to be called "the greatest crusading pope of the Renaissance"1 and "the most militant crusader of the Renaissance"2 and to have a decisive influence on the development of the humanist Turkish discourse and on European perceptions of the Turks for many years.

Themes

The oration has four main themes:

 Definition of a crusade (the What)  Motives for a crusade (the Why)  Feasibility of a crusade (the How)  Ecumenical council

Definition of a crusade

Throughout the oration, Piccolomini does not use the term crusade (crociata), but the term passagium, which he defines thus -on the basis of an analogy with the migration of birds:

A crusade is a large military expedition proclaimed by the Christians against the infidels ... when, at the bidding of the Apostolic See, they take up arms and in great throngs move towards the enemies of the faith. And it is not a true crusade (passagium) unless many peoples participate. ... The crusaders who take part in it merit the plenary remission of all their sins. [Sect. 5]

Motives for a crusade

The emperor's motive for a crusade was threefold, said Piccolomini:

 Compassion (commiseratio)  Benefit (utilitas)  Honour (honestas) 1
The emperor is moved by the compassion he feels for the Christians subjugated by the Turks; the abject condition of Jerusalem that he saw for himself when as a very young man he visited the Holy Land; The benefits of the crusade would be to help the Hungarians resist Turkish expansion and to liberate the Greeks and the Holy Land from the Turks; to exterminate islam; to propagate Christian faith; and to merit the crown of eternal life.

Concerning honour there can be no greater such than fighting for God in a war that has been properly declared and proclaimed: It is glorious to fight for the faith [sect. 16].

Feasibility of a crusade

In this oration, Piccolomini uses the concept possibilitas, where later he will use the concept facilitas.

He considers the feasibility of the crusade under two aspects: ease of mobilization and chances of success.

1 Cf. RTA, 19, 2, p. 505, n. 35 2 Piccolomini had already used the theme of the emperor's pilgrimage to the Holy Land in an oration in 1451, the "Quamvis in hoc senatu" [17], sect. 4 Concerning mobilization, Piccolomini believes -or pretends to believe -that the warlike Europeans would rather fight the Turks than each other, and that a joint expedition against the Turks will actually relieve the Europeans of their incessant, intestinal conflicts.

As for financing, the crusade will cost a lot of money, of course, but Piccolomini believes that communities plagued by war would willingly contribute to an international war against the Turks in order to be rid of their own local wars. And there are other means which Piccolomini would rather discuss with the pope privately. The sale of indulgences spring to mind ...

The chances of success of the crusade was an important issue, since the success of war is generally uncertain, and in particular because the Christians had been roundly defeated by the Turks in a number of previous battles, at Nicopolis in 1395 and at Varna in 1444, just to mention two battles that were great military disasters for the Europeans.

Piccolomini argues that European military skills and valour are much greater than those of the "effeminate" Turks whose former military victories were only due to their superior numbers. If the Europeans unite, they can easily match the size of the Turkish armies. 1Also, the European enterprise would be favoured by the internal divisions of the Turks and by their conflicts with other peoples in the regions.

As a final argument, Piccolomini refers to an old Arab prophecy that Islam would begin to decrease after 800 years. It is uncertain to what extent such an argument would be taken seriously by his rather world-wise audience.

In conclusion: Victory is certain! There is no reason to hesitate.

Ecumenical council

When, in 1443-1444, the imperial government of Friedrich III began to move towards ending the German Neutrality between the schismatic council of Basel and the Roman pope, Eugenius IV, 2 one of the conditions was that the pope should summon a new ecumenical council. As imperial ambassador and envoy, Piccolomini had himself presented these demands to the pope on diplomatic missions to the Papal Court in 1445, 1446, and 1447. 1 After the reconciliation with the Papacy, the imperial government began to abandon the idea of another council.

This move was announced by Piccolomini in his oration "Fateor" [15] where -on behalf of the emperor -he demanded that the new council should take place in Germany and posed various other conditions which made it clear that a new council was no longer high on the imperial agenda. Whether Piccolomini had truly received instructions from the emperor to announce these conditions or whether he took it upon himself to make an announcement which he knew would express an imperial policy in development is uncertain. 2 It is quite certain, however, that by 1452 the imperial government had definitively abandoned the plan for another council. It was triumphantly announced by Piccolomini, on behalf of and in the presence of emperor and the pope, when in the oration "Moyses vir Dei" he said:

… the emperor wanted to use the opportunity of this visit to Your Holiness to bring forward a matter that has been close to his heart and mind since his early youth. Another would perhaps have requested a general council or reform decrees, but what council can be greater than the presence of Your Holiness and your Holy Senate. In vain does anyone request a council who does not obey the commands of the Roman Pontiff.

Where Your Holiness is, there is the council, there the laws, there morals, decrees and salutary reform. 3 As Pope Pius II, he later revised the oration with a view to inclusion in his collected orations, and in this context he weakened the whole passage considerably:

Another would perhaps have requested a general council or reform decrees or something else. 4 The reason for this revision is probably that as an imperial politician and diplomat he had, in 1452, really gone too far in downplaying the authority of the councils. As pope, he would have to uphold the authority of the ecumenical councils, and he probably also believed in it: his political 1 Orations "Prius sanctissime praesul" [7], "Et breviter me hodie" [10], and "Non habet me dubium" [11] 2 Oration "Fateor" [11] statement on behalf of the emperor in 1452 simply could not be held as a doctrinal tenet by a reigning pope.

Date, place, audience and format

According to Wagendorfer, the oration was held on 24 April 1452. 1The place was -most probably -the Apostolic Palace in the Vatican.

The audience was the pope in a public consistory. The emperor and Ladislaus, Archduke of Austria and King of Hungary and Bohemia, and probably a number of their courtiers as well as Roman curials were present. 2 The format was an ambassadorial address to the pope on the part of the emperor and in his presence. It could not be more official.

Text 3

The oration is one of those that Piccolomini revised over the years until it achieved its final form in connection with the compilation of the Collected Orations of Pius II in 1462. 4 It is extant in an Early Version, an Intermediate Version and a Final version.

Early Version

The Early Version is identical with or close to the original version as delivered by Piccolomini.

Manuscripts 1

The Early Version is extant both individually in humanist collective manuscripts and as part of Piccolomini's Historia Austrialis.

Among the manuscripts containing the individually transmitted Early Version are:

 Venezia / Biblioteca Marciana Lat. XI.

Other manuscripts and editions

Other manuscripts which have not been seen in connection with the present edition and whose status in terms of version (Early, Intermediate, Final) could therefore not been determined are:

 Freiburg i.B. / Universitätsbibliothek 1 C10, ff. 115r-119v
 Fulda / Landesbibliothek2 4o C10, ff. 115r-116r

 Venezia / Biblioteca Marciana3 Lat. XIV 246, ff. 238r-253r

In 1648, the Final Version was published in a commented edition (with collation of a manuscript containing the Early Version), as an academic thesis:

Sources 1

In this oration, altogether 41 direct and indirect quotations from various sources have been identified:

Biblical: 18 Classical: 20 Patristic and medieval : 2 Contemporary: 1 All: 41

The classical quotations dominate somewhat over the biblical. There are only two patristic quotation and no quotations from contemporary authors.

Biblical sources: 18

Old Testament: 13 [2] [IV/FV] That this was also the practice in later times, both in the [time of the] New Testament and in the Time of Grace 8 , is confirmed by many examples and authorities and witnessed by the acts of Constantine the Great, 9 Theodosius, 10 Justinianus 11 and other Christian emperors.

Friedrich, 12 Holy Caesar and August Emperor of the Romans, your most obedient son, eagerly and earnestly desires that there should be in his days a crusade 13 against the impious followers of Muhammad, 14 and directs all his energy and resources towards this goal. He has therefore decided first to consult, hear, and follow you, Vicar of the Great God, 15 Holy Head, Perfect Leader, Eminent Governor and True Teacher of the Christian people: your wisdom will know what should be done, your authority will impose it, and your power will execute it. 19 principis M; principi KO, OO [3] [IV/FV] So, today the emperor comes to you and your Holy Senate 1 to talk with Your Holiness about a crusade. 2 He has now been crowned with the Triple Crown, 3 and through your benevolence 4 he has been confirmed as king of his realm. The power of this realm Daniel 5 likened to iron, 6 and its only limit is the Ocean. It was founded by Romulus, 7 confirmed by Julius, 8 enlarged by Augustus, 9 approved by Lord Jesus. 10 On Earth his authority only defers to your own, 11 and his duty it is to spare the vanquished and to crush the proud. 12 What else should he be thinking of than a crusade which will both strengthen the Christians and weaken the enemies of the name of Christ? For the prince, says the Wise One, will devise such things as are worthy of a prince. 13 [cont.]

1 i.e. The College of Cardinals 2 "universale passagium". Hereafter translated as "crusade" 3 19 March 1452, i.e. about a month before 4 The papal claim of having the ultimate right to bestow empires and kingdoms was still maintained by the popes at this time, but it was blatantly out of touch with political reality [3] [IV/FV cont.] And in Media as Herodotus 1 says, and everywhere, as Curtius 2 believes, kings were made in order that the people might enjoy justice. 3 Their task is to drive out all injustice, and if they will listen to Plato and obey other philosophers who teach morals, 4 their administration will not be to their own benefit, but to the benefit of those entrusted to them. 5 This is why the emperor is so concerned and preoccupied with the crusade. 1. Concept of crusade [5] [IV/FV] Now we shall deal with the first. By the word crusade (passagium) we simply mean a large military expedition proclaimed by the Christians against the infidels. The crusaders 1 taking part in it merit the plenary remission of all their sins. The Italian word for passagium means something like migration 2 : as some birds are said to make a passage when at certain times during the year they migrate from region to region, thus from time to time the Christians are seen and said to make a passage when, at the bidding of the Apostolic See, 3 they take up arms and in great throngs move towards the enemies of the faith. It is not a true crusade (passagium) unless many peoples participate, seeming to migrate in search of new homes more than going to war -just like the Cimbrians 4 inundated Italy and the Goths 5 and the Huns 6 made their invasion. So, this is what is meant by crusade (passagium). 7

1 "cruce signati" 2 "transitus" 3 Note that it is the pope who has the initiative and authority to indict a crusade 4 The Cimbrians: Germanic tribes which migrated from the Danish peninsula of Jutland into Roman controlled territory, where they were defeated in The Cimbrian War (113-101 BC) 5 The Goths: East Germanic people, two of whose branches, the Visigoths and the Ostrogoths, played an important role in the fall of the Roman Empire 6 The Huns: a nomadic people or peoples, who are known to have lived in Eastern Europe, the Caucasus and Central Asia between the 1st century AD and the 7th century. By 370 AD, the Huns had established a vast, if short-lived, Hunnic Empire in Europe 7 Housley, p. 221: The reason he used the phrase [passagium/migratio] at Rome in 1452 was to make the point that the Turks owed their conquests only to their numbers [7] [7] [IV/FV] Why compassion? Pay heed, and I will explain in brief. 1 Who is weak, says the apostle, and I am not weak. 2 Who sees afflicted people, and does not become afflicted himself? Whose heart is so hard that he does not suffer together with those who are suffering, lament together with those who are lamenting, 3 and is not sad together with those who are sad. When the emperor reached the age of reason and came to know the sacraments of our Faith, he soon became devoted to religion and began to set growth of the worship of God above all else, as his natural goodness and noble blood urged him to do. For the princes of the House of Austria, among whom have been many kings and emperors, ever hoped to be successful when they had served the divine name well and unshakeably. [8] [IV/FV] Friedrich followed in their footsteps. When his parents died and he was no longer under guardianship, 1 but still an adolescent, he very soon fearlessly, though sometimes only inches from death, 2 sailed across the sea to visit the place where our redemption took place. There he saw the place where Christ, Our Saviour, was born, where he was laid in the crib, where he was presented in the temple, where he was baptized, where he was tempted, where he preached, where he raised Lazarus, where he held the last supper, where he was arrested, where he was mocked, where he was judged, where he was crucified, where he was buried, and where he ascended to Heaven. 3 Why say more? The emperor kissed the earth trodden by the feet of the One who redeemed us. 1 In 1435 2 Juvenalis: Saturae, 12.58 ff. 3 The Early Version gives a list of the holy places, the Final version a pious summary of the Passion of Christ [START_REF][END_REF] [EV] At cum spurcidos illic Saracenos, immundos, horridos, sceleratos dominari videret 1 , veniebat 2 in mentem: tactus 3 dolore cordis intrinsecus. 4 [10] [IV/FV] What about Greece, mother of letters, who invented laws, who nursed culture, who is the teacher 1 of all the good arts? 2 Who does not pity this afflicted, oppressed and ruined people? whose empire was once mighty and flourishing 3 not only under Alexander the Macedonian 4 and his successors, but also under the Athenians, the Thebans and the Lacedamonians, but is now everywhere forced to serve the effeminate Turks. 24 Christiano populo : populo Christiano P, FR1 [11] [IV/FV] And what about that noble realm of Hungary, an ancient land, mighty in arms and wealth of soil? 1 Alas, how the Hungarians have suffered in our time! They give their own blood to save ours. Their breasts are our walls. Certainly, all Christians are indebted to the Hungarians who are put to death all day long and are accounted as sheep to the slaughter. 2 See here with us today their king, the boy, the ward, the orphan Ladislaus, 3 noble offspring of kings and emperors, asking for help to his realm and to his subjects. May Your Holiness and Your Imperial Majesty be moved by his prayers and his tears, as he asks for help to the people who protects the entire Christian people with their own swords.

Compassion

Benefit

[14] [IV/FV] So that nobody shall charge you or him with this fault, the emperor requests a crusade, 1 which he believes will bring great benefit: to help the troubled Hungarians; to free the Greeks from servitude; to propagate the worship of God; to reclaim the Holy Land from the hands of the impure; to exterminate that monstrous and abominable idol of Muhammad; and thus to please God and gain the unfading crown of the Heavenly Kingdom. This is indeed a great benefit! [15] [EV] Sed quid de honestate gloriaque dicemus, quam vel tuae beatitudini vel Caesaris altitudini accumulaturum cernimus esse passagium? Bellorum aequitatem majores nostri sanctissime fetiali jure praescripserant, denuntiata indictaque bella justa 1 2.3. Honour [15] [IV/FV] But true benefit is not without honour. Our forefathers considered a just war to be honourable. For the justice of war was set down in a holy law of the senate of the Roman people, and they thought that wars that had been properly declared and proclaimed were just. 5 Those who fought bravely they considered honourable and glorious, and not only the survivors, but also those who had fallen. So, what shall we say about this war that is declared not by a man on Earth, but by the Emperor in Heaven, 6 and which aims at the propagation not of empire, but of the worship of God? In such a war, the Catholic Faith is being defended as well as the honour of Our Saviour, who being in the form of God, thought it not robbery to be equal with God: But emptied himself, taking the form of a servant, being made in the likeness of men, and in habit found as a man. He humbled himself, becoming obedient unto death, even to the death on the cross, 7 in order to save us from slavery to the Devil. His adversary, Muhammad, is swollen with conceit, he is puffed up, he raises his horns, and we should remain quiet? No, we should go to war for Christ who became a man 8 for our sake! [16] [IV/FV] Indeed, our ingratitude will be immense if we do not go to uncertain death 1 for Christ, who went to certain death for us, and if we do not offer our life to him who gave it to us. 2 Truly, this is a most honourable war in which we fight for the cause of Our Father, Our Lord, Our Great God, and in which those who lose their earthly life gain eternal life and the perpetual fame of a glorious name. What more can I say? It is glorious to fight for the Faith, and it is shameful and despicable not to fight when necessity demands it, as now when the Saracens are on the rampage everywhere and in every way, persecuting the name of Christ with great violence, cruelty, and brutality.

This will suffice concerning the second part in which we had to explain the request for a crusade.

1 i.e. risk death 2 An example of the classical rhetorical device of antithesis [17] [EV] Superat 1 nunc de possibilitate congregandi passagii deque spe fructus dicere. Plurimi sunt, beatissime pater, qui cum nominari passagium audiunt, "Ecce vetus somnium", inquiunt, "vetus deliramentum, veteres 2 atque inanes fabulas 22 tricenta M, KO 23 et M 1 Otto Frisingensis in marg. D, G [START_REF]3 dilectior est 4 ? Quis nostro saeculo praeter hunc unum 5 favet ingeniis? Quis justior, quis liberalior, quis animo majori regnat? An solus hic ex principantibus est, qui neque secundis rebus intumescit, neque destituitur adversis? Verus fortunae domitor et nostri gloria saeculi 6 , qui non minori perseverantia Neapolim cepit, quam Graeci duces 7 Trojam 8 expugnaverunt 9 . Ostendi tibi dotem 10 meam ex paterna maternaque domo non parvam gloriam[END_REF] [EV] Quid tua sanctitas faciat, quam pro similibus ac majoribus causis verus imperator totaque Christianitas 1 orat passagium convocare? "Pensandum est," inquies, "an hodie spes bona sit habendi passagii, quia nemo sciens impossibilia temptat, neque aggreditur quisquam 2 , quod assequi 3 desperat. Magnum facinus spes enutrit." Sunt ergo duo consideranda, sanctissime pater 4 : unum an Christiani facile possint in passagium trahi 5 , alterum an coacto passagio spes sit magna vincendi. Nam quamvis dubius est 6 omnium bellorum eventus, numquam tamen committendum est proelium sine spe quadam et argumento victoriae, ne, sicut Augusti proverbium fuit 7 , aureo piscantes hamo videamur, quorum damni major quam lucri ratio possit haberi. [START_REF]3 dilectior est 4 ? Quis nostro saeculo praeter hunc unum 5 favet ingeniis? Quis justior, quis liberalior, quis animo majori regnat? An solus hic ex principantibus est, qui neque secundis rebus intumescit, neque destituitur adversis? Verus fortunae domitor et nostri gloria saeculi 6 , qui non minori perseverantia Neapolim cepit, quam Graeci duces 7 Trojam 8 expugnaverunt 9 . Ostendi tibi dotem 10 meam ex paterna maternaque domo non parvam gloriam[END_REF] [IV/FV] Sed pensemus, si 8 hodie 9 spes bona possit 10 haberi passagii, quoniam 11 nemo sciens impossibilia temptat, neque aggreditur 12 quisquam, quod assequi desperat. Magnum facinus spes nutrit. Quid 13 hic respondemus? Duo consideranda sunt: unum an Christiani facile possint in passagium trahi, alterum an 14 inchoato 15 passagio spes sit magna vincendi. Nam quamvis omnium bellorum dubius sit exitus, numquam tamen {38v} committendum est bellum 16 sine spe quadam et argumento victoriae, ne, sicut Octavianus Caesar proverbium habebat 17 , aureo piscari hamo videamur, in quo major damni quam lucri ratio possit haberi.

1 totaque Christianitas omit. V 2 quisque T 3 consequi V 4 sanctissime pater omit. V 5 possint in passagium trahi : in passagium trahi possint T 6 dubius est : est dubius V 7 omit. T 8 omit. KO, OO 9 an add. OO 10 sit D, G 11 quando M, KO, OO 12 egreditur M; aggredit OO 13 quam M 14 omit. C 15 in cohata E; coacto P; inchoata OO 16 prelium M, P, FR1 17 habuit M, KO, OO [START_REF]3 dilectior est 4 ? Quis nostro saeculo praeter hunc unum 5 favet ingeniis? Quis justior, quis liberalior, quis animo majori regnat? An solus hic ex principantibus est, qui neque secundis rebus intumescit, neque destituitur adversis? Verus fortunae domitor et nostri gloria saeculi 6 , qui non minori perseverantia Neapolim cepit, quam Graeci duces 7 Trojam 8 expugnaverunt 9 . Ostendi tibi dotem 10 meam ex paterna maternaque domo non parvam gloriam[END_REF] [IV/FV] But let us consider whether today there may be good hopes for a crusade. "Nobody knowingly attempts the impossible, and nobody undertakes something which he thinks he cannot achieve. A great deed must be nourished by hope." What do we answer to that? Two things should be considered, firstly whether the Christians may easily be persuaded to join a crusade, and secondly whether there is great hope for victory when a crusade has been undertaken. For since all wars have a dubious outcome,1 a war should never be undertaken unless there is sufficient hope and reasons for victory. Otherwise we shall seem, as in the proverb of Caesar Octavian, to fish with a golden hook. And in that there is more to lose than to gain.2 [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] [EV] Difficile quippe primum videtur Christianos, qui sunt inter se discordes 1 apertisque 2 flagrant odiis, in unam passagii sententiam conducere 3 4 . Verum quod multi putant obstare passagio, sapientia Caesaris conducere judicat. Namque si pax Christianos haberet, incassum quietos principes atque otio torpentes populos excitaremus, neque utiles bello manus invenirentur, horrerent 5 inertes ferrum, neque signum, neque tubam ferre valerent. {164v} At nunc exercitati bellis populi ultro sese offerent: facilius ex bello vocatur 6 in bellum miles quam ex otio. Bonum est viro, sicut propheta testatur, qui portavertit jugum ab adolescentia sua. Quis Christianorum est, postquam pugnare oportet, qui non potius in hostes quam in domesticos fidei gladium stringat? Placebit omnibus arma in Turcos vertere, patriam ut quietam relinquant. Et fortasse unica pacandi Christianos via est passagii convocatio. [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] [IV/FV] Difficile ergo primum videtur 7 Christianos, qui sunt inter se 8 discordes apertisque flagrantes 9 odiis, in unam passagii sententiam 10 ducere. Sed quod multi obstare judicant 11 12 passagio 13 14 , sapientia Caesaris conducere 15 judicat 16 . Namque 17 18 3 Christianos stringere gladium velit? Placebit omnibus arma in Saracenos vertere, patriam ut quietam relinquant 4 . Et fortasse unica pacandi Christianos via est convocatio passagii. [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] [IV/FV] Firstly, as the Christians are in a state of violent disagreement and open enmity, it seems difficult to unite them in a crusade. But in his wisdom, the emperor believes that what many think stands in the way of a crusade actually favours it. For if the Christians had peace, in vain would we try to stir up the princes, placid and sluggish from peace. We would not find troops that could be used in war: they would fear death, and they would be able to carry neither sword nor standard nor trumpet. Now that peoples are already stirred up by one war, they will gladly join up for another, for it is easier to call a soldier from one war to another than from peace to war. As the prophet says: It is good for a man, when he hath borne the yoke from his youth. 5 Who among the Christians would not, when having to fight, rather draw his sword against the Turks than against other Christians? All will be pleased to turn their weapons against the Saracens and leave the fatherland in peace. Indeed, the only way to pacify the Christians may be the summons for a crusade.6 [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF] [20 IV/FV] For the peoples of Europe are warlike and ferocious, and they do not know how to be at peace. Unless they fight against others, they turn against each other. For this reason, Scipio Nasica once counselled against the destruction of Carthage so that the Romans, having peace all around them, would not fall on each other 1 like the kings of Israel who, when they had conquered their enemies, began to kill each other in stead. 2 If the Christians are to have peace between them, war should be turned against foreigners. In this matter, neither the shining spirit of the Germans, nor the noble heart of the French, nor the lofty mind of the Spaniards, nor the honour-loving spirit of the Italians will fail. All will singlemindedly obey Your Holiness' commands. Who may doubt the feasibility of a crusade decreed by the authority of the Roman Pontiff and summoned by the order of the emperor? To me it seems that the thing is as much as done, and I have no doubts at all, if you say the word and the emperor lends his hand. For who will fail to obey when he is summoned by your decrees and the command of the emperor? 31 Publius Cornelius Scipio Nasica Corculum (died 141 BC): Roman statesman. A political opponent of Marcus Porcius Cato, he pleaded that Rome not destroy Carthage. According to Plutarch's conjecture and Appian's later definite assertion, that was because he feared that the destruction of Rome's main rival would lead to the decline of Roman morals and discipline. Cf. Plutarch: Parallel lives / Cato, 27 2 2. Chronicles, 20, 23 3 Piccolomini greatly overestimates the authority of pope and emperor, as would be shown some months later during the Austrian rebellion against the emperor's tutelary government, see oration "Sentio" [START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF] [21] [EV] Sed dicit 1 fortasse quispiam, quod Braccius olim, quamvis hostis ecclesiae, tamen alioquin homo sensatus, frequenti sermone usurpare solebat: Qui bellum gerat 2 , tribus potissime rebus indigere, et has tres unam 3 esse: pecuniam. Unde igitur aurum corrademus 4 ad tantum et tam remotum bellum necessarium? Sunt in promptu 5 modi, praesul maxime, quibus 6 inveniri pecunia poterit sumptusque necessarios 7 ministrari. Sed hos 8 vulgari 9 modo non est ex usu. Illud tamen dicere possum: civitates, quae propter pacem perpetuo bello fatigantur , libenter passagio contribuent, ut pacis tandem compotes fiant. [21] [IV/FV] Sed dicet 12 fortasse quispiam, quod Braccius, quamvis ecclesiae hostis , alioquin 14 tamen 15 vir sensatus, frequenti sermone usurpare solebat: "Tribus potissime 16 rebus indigere bellum 17 , et haec tria 18 unum esse: pecuniam." Ubi ergo corrademus 19 aurum ad tantum et tam longum 20 bellum necessarium? Sunt et modi 21 in promptu 22 , quibus inveniemus 23 argentum 24 , quos 25 vulgare non expedit. Illud dicere possum: civitates, quae ob eam causam bella 26 suscipiunt, ut sine minis 27 in pace vivant 28 , libenter passagii expensas 29 contribuent 1 , ut pacem nihil insidiarum habentem consequi possint 2 .

It will be easy to gather an expedition

1 dicet V 2 gerit U 3 has tres unam : harum trium unum [illeg.] V 4 corrodemus T 5 promto T 6 omit. T 7 necessarius T; necessarii V 8 hoc V 9 vulgare T 10 omit. U 11 fatigabantur V 12 dicit KO, OO 13 ecclesiae hostis : hostis ecclesiae M, P, FR1, KO, OO 14 aliquando M, FR1, KO, OO 15 cum M; tantum OO 16 potentissime M, KO 17 indigere bellum : bellum indigere KO, OO 18 haec tria : horum trium M, KO, OO 19 corrodemus M, KO, OO 20 longinquum M, P, FR1, KO, OO 21 modo M 22 prompto M, P, KO 23 invenimus M 24 quibus … argentum : hujus inveniendi argenti OO 25 quod C 26 bellum M, KO, OO 27 iniuria P, FR1; injuriis D, G 28 nunc M; vivunt M, KO 29 nunc add. M [21] [IV/FV] But maybe someone will quote Braccio, 3 an enemy of the Church, but otherwise a man of understanding, 4 who he used to say: "The three things most necessary for war are: money, money, and money." 5 So, where shall we gather the money necessary for so great and so long a war? There are methods at hand for finding the money, but it is not appropriate to speak publicly about them now. 6 This, though, we can say: the cities which join the war so that they may live in peace without threats will freely give money to the crusade in order to gain true peace.

1 expensas contribuent : contribuant curas M, P, FR1, KO, OO 2 possunt M, KO, OO 3 Andrea Fortebraccio [Braccio da Montone] (1368-1424): Italian nobleman and condottiero 4 Ecclesiasticus, 33, 3 5 Piccolomini: De viris (Heck), p. 13: Is tria necessaria dicebat Florentinis bellum gerentibus: aurum, aurum atque aurum. Quod postea in proverbium venit 6 Piccolomini is probably referring to a sale of indulgences -the profits to be divided between the emperor and the pope, as Voigt caustically remarks, cf. Voigt, III, p. 54 [START_REF]Pasce oves meas. Et iterum: Tibi dabo claves regni caelorum et quodcumque ligaveris super terram, erit ligatum et in caelis, et quodcumque solveris super terram[END_REF] [EV] Non est igitur desperata res passagii convocatio, nec rursus spes magna victoriae deerit 1 . Novit imperatoria sublimitas: Assyriorum, Turcorum Aegyptiorumque gentes imbelles, inermes, viles effeminataeque sunt 2 , neque animo, neque consilio martiali. Quis aut tunicatos 3 mitratosque Turcos aut braccatos Aegyptios timeat, quos Arsaces 4 ad Ezechiam regem loquens {165r} baculo arundineo confractoque comparavit? Sarmacida 5 erunt spolia sine sudore et sanguine.

Multa notavit Caesarea majestas, cum 6 transmarinas partes lustraret, quae spem certissimam 7 victoriae praebent suoque tempore patefient. Nec moveri debemus, quia nostri nonnumquam exercitus ab illis 8 victi deletique sunt, nam neque viribus eorum, neque rei militaris peritiae, sed nostris peccatis ascribendum est. Quod si emendati fuerimus rectaque 9 mente 10 Christi causam defensuri bellum susceperimus, nihil de victoria fuerit haesitandum, quia non relinquet Dominus virgam peccatorum super sortem justorum. 11 [START_REF]Pasce oves meas. Et iterum: Tibi dabo claves regni caelorum et quodcumque ligaveris super terram, erit ligatum et in caelis, et quodcumque solveris super terram[END_REF] [IV/FV] Non erit ergo 12 difficile convocare {39r} passagium, nec rursus spes magna victoriae deerit. Novit majestas imperatoria 13 14 : Assyriorum 15 Aegyptiorumque 16 gentem imbecilles 17 , inermes, effeminatique 18 sunt, neque animo 19 , neque consilio martiales. Sarmacida 20 erunt 21 spolia sine sudore et sanguine. 1 victoriae deerit : deerit victorie V 2 gentes imbelles … sunt : gentem imbellem inermem vilem effeminatamque esse V Quis tunicatos 1 mitratosque 2 Turcos aut brachatos timeat Aegyptios 3 4 , quos Arsaces 5 , ad Ezechiam regem 6 loquens, baculo arundineo confractoque 7 comparavit. Quod si aliquando nostri exercitus ab eis victi 8 sunt, neque viribus, neque rei 9 militaris peritiae, sed numerositati 10 hostium ascribendum est. Quod 11 si Christianorum copiae tot fuerint 12 , ut opprimi 13 Saracenorum multitudine nequeant 14 , quod passagii nomen exposcit, certa 15 in manibus erit victoria, sicut prisca exempla nos instruunt. [START_REF]Pasce oves meas. Et iterum: Tibi dabo claves regni caelorum et quodcumque ligaveris super terram, erit ligatum et in caelis, et quodcumque solveris super terram[END_REF] [IV/FV] So, it will not be difficult to summon a crusade, and there will be great hope of victory. His Imperial Majesty knows the Assyrian and Egyptian people to be weak, impotent, effeminate and warlike neither in temperament nor in planning.

Chances of success are high

The Sarmatian spoils will be without without sweat nor blood. 16 Who will fear the Turks in their robes and turbans or the Egyptians in their flowing garments? Speaking to King Ezechias, 17 Arsaces 18 likened them to a broken staff of reeds. 19 If our armies were defeated by them in former times, it was not because of their strength or their military skills, but because of their numbers. If the forces of the Christians are so numerous that they cannot be physically overwhelmed by the mass of Saracens -which is the very meaning of the word passagium -then victory will be certainly be in our hands, just like former examples show us. [23 IV/FV] [Our enterprise] will be favoured by their internal conflicts and enmities, and by their constant fights with the Tartars. It will also be helped by the desperation of this people, for they claim that Muhammad -in whom they have great faith -has prophesied that his sect would increase for 800 years and then decrease. It began on its wicked course under Emperor Heraclius, 10 after whom 840 years have now passed. This fact terrifies the Turks and encourages the Christians. For though Muhammad is a false prophet, his prophecy should not be considered false since we see that it agrees with the holy words of Jeremiah in the 51 st chapter, seemingly exhorting Your Holiness and the Emperor: Be not silent upon her iniquity: for it is the time of revenge from the Lord, he will render unto her what she hath deserved. 11 I could say more about this matter, but my task is not to fill your learned ears with words nor those of the reverend and wise fathers who are present. It is enough that we have fulfilled our promise in the beginning and said what His Imperial Highness desired. 1 primo et … inquit : primo ex L. c. libri sui M; L. ca. libri sui KO, OO; L. capite libri sui FR1 2 ac M, P, FR1, KO, OO 3 hortatus M, KO; hortatur M 4 dummodo M, KO, OO; dominus P, FR1 5 tamen KO, OO 6 ea add. M, KO, OO 7 ea add. KO, OO 8 sublimatio FR1; dignitas KO, OO 9 dicturum me : me dicturum P, FR1 10 Heraclius (Flavius Heraclius Augustus) (ca. 575-641): Byzantine emperor from 610 to his death 11 Jeremiah, 51, 6 [24] [EV] Intellexisti desiderium suum 1 , sanctum propositum, integram mentem. Verum quamvis 2 imperatorium examen 3 4 sic de passagio sentiat, totum tamen et consilio et arbitrio et judicio 5 tuo relinquitur, qui ligandi solvendique claves accepisti, qui Petri et Pauli locum tenes jam cum Christo regnantium, cujus est inter sanguinem et sanguinem, inter causam et causam, inter lepram et lepram judicare. Caesar, cum esset hac vice apud tuam beatitudinem, noluit hanc rem intactam relinquere, quae sibi adhuc in minoribus constituto 6 atque 7 ab ineunte adolescentia semper cordi curaeque 8 fuit. Alius fortasse vel generale concilium vel reformationis decreta petivisset, sed quod majus haberi concilium potest quam tuae sanctitatis tuique sacri {165v} senatus praesentia. Frustra concilium petit, qui Romani pontificis mandata non recipit. Ubi tua sanctitas est, ibi concilium, ibi leges, ibi mores, ibi decreta 9 salubrisque 10 reformatio. [24] [IV/FV] Intellexisti 11 desiderium suum, sanctum 12 propositum, integram 13 Caesaris mentem intueris, totum tamen et consilio et judico tuo relinquitur. Caesar, cum esset hac vice apud tuam beatitudinem, noluit 14 hanc rem intactam relinquere, quae sibi ab 15

Conclusion

[24] 1 [EV] You now understand the emperor's wish, his holy resolve, and his whole purpose. But though this is how the emperor feels about the crusade, he leaves it all to your counsel, decision, and judgment, since you are the one who has received the keys for closing and opening, 2 who holds the place of Peter and Paul, now reigning with Christ, 3 and whose responsibility it is to judge between blood and blood, cause and cause, leprosy and leprosy. 4 But the emperor wanted to use this visit to Your Holiness to bring forward a matter that has been close to his heart and mind since his early youth, before he was elected emperor. 5 Another would perhaps have requested a general council or reform decrees, but what greater council can there be than an assembly 6 comprising you yourself and your holy senate? In vain do people demand a council if they do not accept the decisions of the Roman Pontiff. Where Your Holiness is, there is the council, there are the laws, there the morals, there the [legitimate] decrees and salubrious reform.

[24] [IV/FV] You now understand the emperor's wish, his holy resolve, and his whole purpose: all, however, is left to your own counsel and judgment. But the emperor wanted to use the opportunity of this visit to Your Holiness to bring forward a matter that has been close to his heart since early youth. Another would perhaps have requested a general council or reform decrees or something else. 1 This section from the Early Version is translated here because of its great political and ecclesiastical importance 2 Matthew, 16, 18 3 Jeronimus: Epistola ad Heliodorum, (14) 18 Finis add. P 19 Here follow the verses in praise of King Alfonso V which ought to have been directly appended to the oration "Quamvis grandes materias" [14], ending on f. 158v [START_REF]Illud ad rem nostram accomodatum exemplum nequeo praeterire: post Henricum quartum Lotharius Saxo 1 ad imperium vocatus est, adversus quem cum Fridericus et Conradus, magnanimi juvenes, arma movissent, quia genus Henrici, cujus sorores matrimonio sibi assumpserant, humiliare atque opprimere videbatur 2 , ab Honorio 3 papa sunt excommunicati, nec prius absolutionis obtinere beneficium 4 quam Caesaris gratiam potuerunt. mirum si Austriales aliquos suo principi insultantes Nicolaus pontifex admonet? Beatus Ambrosius 5 , licet sanctus, non tamen universalis ecclesiae episcopus, pro culpa, quae aliis sacerdotibus non adeo gravis videbatur, Theodosium 6 magnum imperatorem excommunicans ab ecclesia exclusit[END_REF] [IV/FV] Having received the imperial crown from your hands, the emperor considered that nothing was more important than raising the issue of a crusade with you. At first glance, it may seem an arduous endeavour, but nothing is so difficult that it may not be made easy through earnest application. 1 Courage is about that which is difficult, 2 and it is in the arduous matters that a man is made known and glory is sought. When we wish to pay a compliment, we somehow or other praise in more eloquent strain the brave and noble work of some great soul. 3 Holy Father, your own titles [of honour] are acclaimed and splendid: you have achieved the union of the Church, you have granted a Jubilee, 4 you have crowned an emperor. But the title of a crusade is even more worthy and lasting than all others: His Imperial Highness urges you and all of Christendom begs you not to leave it to a successor. Having crowned the emperor you have many other tasks awaiting you, but the crusade is the most beneficial and honourable that you may undertake. [12][13][14] 0.3. Subject of oration [15][16]

I. INTRODUCTION 1. Context 1

In his capacity as guardian of Ladislaus Posthumous, Duke of Austria and King of Hungary and Bohemia, Emperor Friederich III of Habsburg had by 1452 ruled Ladislaus' Austrian lands for more than a decade. Growing dissatisfaction with his rule led to an Austrian rebellion with the aim of freeing Ladislaus from the emperor's guardianship and transferring the rule of Ladislaus' territories from Friedrich to a government based in Vienna. After the emperor´s return from his coronation voyage to Italy, the rebellion developed into a full-fledged war ending in a victory for the Austrians -despite papal intervention in favour of the emperor. The emperor's guardianship over Ladislaus was terminated, Ladislaus came to Vienna, and a government was established in his name. A conference was called to settle a number of questions still outstanding, in Vienna in December 1452. Bishop Piccolomini participated in a double capacity as principal envoy of the emperor 2 and legate of the Pope. At the conference, he intended to give the oration "Sentio", in defense both of the emperor's government of Austria and of the pope's intervention on behalf of the emperor. 3 4 It appears, however, that he was not able to deliver the oration as intended. 5 Piccolomini himself, in his Historia Austrialis, mentions that a public meeting where he would give his speech was actually denied the imperial representatives by the leader of the conference, Margrave Albrecht of Brandenburg. Albrecht feared that such a public meeting would cause further disturbances and he had, for that reason, denied a similar request from the Austrian side. 6 1 CO, I, 25 (Meserve,I,; HA, I, pp. 204 ff; II, pp. 640 ff; HB, p. 500 ff.; Piccolomini: Europa (Brown, pp. 127-129); Ady, 123-124; Boulting, p. 198; Haller; Koller, p. 128-132; Pastor, I, p. 384; Stolf, pp. 249-250; Toews, pp. 235-239; Voigt, III, pp. 62-87; Walther, p. 318 2 Voigt, III, 2, p. 79 3 That the oration was intended to be held at the conference is attested by several passages in the oration itself, e.g.:

[sect. 126] … exposcit tempus, ut quod ultimo loco de Romani pontificis domini nostri sanctissimi Nicolai quinti desiderio et intento promisimus, in medium afferamus. Quod gravissimo et ornatissimo conventu vestro benignas aures adhibente succincte ac brevissime faciam; [sect. 129] Maxime autem diligentiam eo ferri atque intendi vestram hortatur, ut res, quas in hac conventione suscepistis agendas, ita ordiri conemini atque contexere, quod imperator regi et rex imperatori indissolubili caritatis vinculo reconcilietur 4 That the conference mentioned in the oration was the one to be held at the end of 1452 is attested by the following passage in the oration: [sect. 110]: Secundum post jubilaeum [which ended in December 1450] agimus annum, mox tertium, si dominus dederit, ingressuri 5 Some authors appear to believe that the oration was, in fact held, see Ady,Zimolo,p. 23,Toews,p. 237. See also Mansi, I, p. 183: Ad hunc conventum destinati sunt … et Aeneas Sylvius Senensis Episcopus. Hac occasione habita est oratio hic subdenda [i.e. the Sentio]. Mansi also quotes Piccolomini's Historia Bohemica: oratores imperatoris, inter quos et ipsi fuimus, ita auditi sunt ut victi apud victorem (HB, p. 608) (it is not evident however that this passage refers to the oration "Sentio"). Moreover, the titles of the mss. used for the present edition have no indication that the oration was not actually held 6 HA, II, p. 765: Legati id opus esse tractatorum aiebant, dari tamen sibi publicam audientiam petebant, in qua ius imperatorium manifestarent, quemadmodum esset conventum. Nam cognita causa facilius possent principes invenire Four months later, Piccolomini sent the oration to Cardinal Carvajal. 1 The Cardinal apparently advised him not to publish it as long as he was still residing in German territory, as Piccolomini himself wrote in November 1453 to Bishop Peter von Schaumberg of Augsburg, promising to send him the work when he returned to Italy. 2 Evidently, Carvajal considered the content of the text to be so controversial that it would be unsafe for Piccolomini to publish it while still in Austria. 3 Later publication of the oration took the form of inclusion in the "official" collections of the letters 4 and orations of Pius II, prepared during his own pontificate.

Interestingly, Pius does not directly mention the oration neither in his Historia Austrialis, 5 nor in the Historia Bohemica, nor in the Europa, nor in Commentarii, where he speaks of the peace conference in Vienna, 6 and neither do his contemporary biographers, Campano and Platina.

The "Sentio" is generally considered to be one of Piccolomini's best orations.

Muratori thought that this was the most elegant of Piccolomini's orations and he especially appreciated Piccolomini's argumentation for papal supremacy. 7 Voigt said about it: Er brachte eine Rede mit sich nach Wien, die längste, die er jemals ausgearbeitet, und ohne Zweifel die trefflichste, concordiam. Albertus audientiam publicam sine tumultu non posse fieri dicebat neque pulchrum convitia palam proferri; disputationibus exasperari, non mulceri animos, partem quoque adversam audientiam manifestam petere. At sibi non videri dandam. Legati cum audissent adversarios audientiam cupere, tunc magis flagitabant opere pretium esse putantes cesarem, quem Australes ubique gentium probro affecissent, publice expurgari. Que res nullo pacto suaderi principibus quivit. See also Voigt, III, p. 79 1 WO, III, I, p. 131: Misi dignationi vestre pridem tractatum quendam adversus Austriales habitum. Note that Piccolomini used the word "tractatus" and not "oratio", and moreover said that it had been "held" ("habitum"). In a note, Wolkan says: Es ist die grosse, vom ihm geplante aber nicht gehaltene Rede gegen die Österreicher. In a further letter to the Cardinal, of 10 April, Piccolomini asks the cardinal if he had actually received the oration, since he did not mention it in a letter sent by him to Piccolomini (ibid, p. 134) 2 Ibid., p. 360: Opusculum, de quo facit vestra dignitas mentionem, misi ante annum ad cardinalem sancti angeli, cujus auctoritatem et judicium maximi facio. Non est visum ejus prudentie publicandus liber, dum his in regionibus moram traho. Parui sententie tanti patris. Nescio quo pacto Rome ut scribitis nonnulli exemplar habuerint. Ego quoad possum recludo et in abdito loco retineo, quod inprimis dictavi. Eam ob causam supplico, ne dignatio vestra egre ferat, si modo non mitto, quod petitis. Mittam autem quamprimum Senis fuero neque id longum erit, si divina pietas dabit. Note that Piccolomini here implies that the text was known in Rome, and that he had sent it to Cardinal Carvajal a year ago, i.e. before the Vienna conference in December 1452 3 See also Voigt, III, p. 88 4 Helmrath, p. 133 5 However, he may have alluded to it in the HA, II, 576: Sed de his [Austrian rebellion against the emperor] alio loco a nobis est dictum et aliquando forsitan dicetur amplius 6 CO, I, 25 (Meserve, I, p. 122) 7 Muratori: In orationem, pp. 256-257 ein Meisterstück seiner Dialektik und politischer Kunst. 1 Boulting called it one of his ablest and most powerful speeches, though it produced no effect. 2And Toews considers it to be one of his ablest and most powerful speeches. 3 He goes on to affirm that it produced no effect, and that the progressive debasement of Frederick remained unchecked. Indeed, Toews claims that the emperor's defeat at the hands of the Austrians and the freeing of Ladislaus from his wardship proved that his alliance with the papacy had failed: The new bent which Frederick's ecclesiastical policy had taken proved fatal. 4 To believe that the pope still possessed sufficient moral authority to intervene decisively and against strong, armed opposition in essentially secular affairs in Austria -or anywhere else, for that matter -would indeed have been an error on the part of the emperor. However, his failure in the affair of Ladislaus may be considered as really not being due to his ecclesiastical policies, but to his lack either of an adequate military mobilization against the Austrian rebels, or -if he would not or could not defend himself militarily or make a counterattack -the ability to gracefully bow to necessity before he was forced to do so ignominiously.

Though the papal court advisedly treated the text of the oration with some discretion, it gained some distribution, as witnessed by Cardinal Carvajal: who, on 13 February 1453, wrote to Piccolomini: Legit dominus noster5 sanctissimus tractatum contra Australes et laudat publice et commendat omnia tua et certe omnes, qui scripta ex te habere possunt, exemplaria faciunt et servant. 6

Themes

The main themes of the oration are  Papal supremacy  Imperial authority  Appeals from papal decisions  Austrian rebellion

Papal supremacy

Siv years before, in 1446, in his treatise De Ortu et Auctoritate Imperii Romani, 1 and the year afterwards when presenting the emperor's obedience to Pope Eugenius IV, Piccolomini, then imperial secretary, had used the famous passage from Gelasius I to describe the imperial and the papal power as two distinct powers, with no subordination of the imperial power to the papal power in temporal matters and vice versa 2 :

This world is primarily governed by these two: the power of kings and the holy authority of the popes. 3 This is precisely one of the texts in the Decretum Gratiani on which the Austrians based their claim of papal non-interference in secular matters 4 :

The monitorium sent by the pope concerned a secular matter, viz. the wardship of the orphan prince, the government of the Duchy of Austria, and promises and obligations between laymen. The function of the Roman Pontiff is to preach the word of God, to instruct the clergy, to administer the sacraments, to confer ecclesiastical benefices, to deal with spiritual matters, to uphold the faith, to uproot heresies, to nourish morality. If it goes beyond that, it offends against the secular judges, dukes, kings and emperors. For this world is ruled by two powers: the holy authority of popes and the power of kings. These are two distinct offices of goverment, each with its separate functions, competencies and powers. Nothing more behooves the Roman See than to keep intact the rights of each party. If we believe Cyprian, Gelasius, Nicolaus and Gregory, the pontiff should be concerned with spiritual matters and leave temporal matters to the secular princes. If he begins to interfere in matters concerning kingdoms and secular dominions, we shall neither heed him nor obey his laws. [Sect. 18] But in the meantime, Piccolomini had accepted the position of the medieval papacy, as eminently represented by Pope Inncent III and -less eminently -by Pope Bonifatius VIII, 5 and he therefore replied to the Austrian claims, that the papal magisterium is not limited to the religious sphere, but also includes the secular sphere:

Contrary to the delirious blatherings of our adversaries, the authority of the Roman Church is not limited to spiritual matters, for in the Gospel the Lord gave it power in all things, and to 1 WO, II, p. 12 2 Oration "Non habet me dubium" [11], sect. 13. Cf. Modigliani, p. 266 3 Decretum Gratiani, D.96.10 (col. 340): Pope Gelasius to Emperor Anastasius: Duo sunt quippe, imperator Auguste, quibus principaliter hic mundus regitur: auctoritas sacra Pontificum et regalis potestas. See also Azzara, p. 17 4 This argument had also been mentioned in the oration "Cum animadverto" 5 See e.g. Sayers,Modigliani,p. 267 Saint Peter, the keybearer of eternal life, he gave power 1 A justification of the papal claim to world supremacy as based on monarchy as the natural structure governing Heaven and Earth and the pope as the highest representative of God on Earth had already been given in the oration "Cum Animadverto", to be held by King Ladislaus to Pope Nicolaus V in March 1452, presumably written by Piccolomini, but never actually delivered. It was also a central theme in some orations held by Piccolomini, e.g. when, as Pope Pius II, he gave the oration "Dominatorem caeli" [35] to ambassadors of Castile, coming in 1959 to present their master's declaration of obedience to the pope.

In the "Sentio" Piccolomini's defense of papal supremacy is mainly canonistic, based on texts from the Bible and the Fathers quoted in the Decretum Gratiani (including the spurious Decretals of Ps.Isidore) and decretals of Innocent III.

Imperial authority

On Earth, the Holy Roman emperor has the highest authority in the secular sphere -within the limitations imposed by papal power, see above.

To what extent this applies to the European kingdoms, which had for centuries been developing outside the the political framework of the empire, like France, England etc., Piccolomini does not explain in the present context, but at any rate the imperial office is clearly preeminent in terms of dignity and authority (though not in terms of political power and jurisdiction).

But in as far as the Holy Roman Empire, i.e. Germany and Northern Italy, is concerned the Holy Roman Emperor possesses the highest power, and must be obeyed by all, both those who hold their office directly from him and their subjects.

The arguments advanced by Piccolomini in the "Sentio" are based upon the feudal system. Thus, in the "Sentio", Piccolomini claims that the subjects of the duchies of the empire must obey the emperor before their own duke and support the emperor in case of a conflict between duke and emperor.

If we ask how the

However defensible this position might have been in legal terms, it is completely out of touch with the political situation of the empire in 1452. In practice, the dukes of the empire would certainly not accept that their own subjects had to obey the emperor before their own duke, and neither would the subjects, probably.

In the end, the Austrians gained their cause through military power, all brilliant legal arguments notwithstanding. The success of the armed Austrian rebellion against the emperor, supported by the pope, may have been an important eye-opener for Piccolomini who, six years later, concluded his Historia Bohemica with these words: We are convinced that kingdoms are gained by arms and not by laws.1

Appeals from papal decisions

When the papal monitorium of 1 April 14522 became known in Austria, the rebels issued the following appeal, written by scholars from the University of Vienna The appeal from a pope to a better informed pope or from a pope to an ecumenical council or to the universal church, was developed in the late middle ages by opponents of the papacy as a method of circumventing papal authority in general and the papal judicial system in particular. 2 In his oration, Piccolomini endeavours to show that the Austrian appeal against the papal monitorium is not legitimate:

The remedy of appeal was invented for the public good so that those who are wrongly oppressed may have a refuge. Nobody doubts that the appeal is an integral part of justice, since justice is a habit of mind that respects everybody's state while preserving the common good. Therefore, an appeal that goes against the common good should be rejected. The appellant should especially consider three conditions: firstly, that he must have been unreasonably or unjustly wronged; secondly, that he must appeal from a lower court to a higher court; and thirdly, that he must appeal to someone who would be easy to reach. If just one of these conditions is not fulfilled, the appeal is not valid. Moreover, the appellant should ensure that he does not himself change [the status quo] while the appeal is pending. But the Austrians have respected none of these conditions. Therefore, the appeal has no validity since they were not being oppressed, they did not appeal to a higher court, they did not appeal to an accessible judge, and they did not maintain the status quo. [Sect. [START_REF]Ad quos confutandos necesse mihi est illud attingere 1 membrum 2 , quod de appellatione 3 dicturum quarto loco promisi. Ad 4 quam rem jam benignas 5 , precor, aures 6 adhibete 7 . Appellationis remedium ob communem utilitatem inventum est 8 , ut qui perperam opprimuntur, refugium habeant. Appellationem autem partem 9 esse justitiae nemo dubitat 10 , cum vero justitia sit habitus animi, qui communi utilitate servata 11 suam cuique tribuit dignitatem. Non est appellatio recipienda, quae communi 12 bono adversa est. Eam ob causam tria potissimum considerare oportet appellantem 13 : ut sit immodice 14 atque injuste 15 gravatus; ut de minori judice 16 superiorem appellet; atque ut eum appellet, qui commode possit adiri. Horum si unum defuerit, nihil est, quod appellationi tribuat vires. Exinde cavendum est, ne quid appellatione pendente is innovet, qui appellavit 17 . 1 attingere add[END_REF][100] After this initial statement, Piccolomini examines each of the three conditions of a legitimate appeal and the Austrian non-fulfillement of them.

His arguments against appeals to a council are particularly interesting since they foreshadow the decree Execrabilis, see below.

Concerning the appeal to a better informed pope, Piccolomini says:

They claim that the pope was not informed. However, the monitorium shows that the pope was both informed and in possession of the facts of the matter. So, either they think that the pope is ignorant of the facts and are shown to be in error by the account in the monitorium But let us consider further their learned and thoughtful appeal [to a better informed pope]! They want the Roman Pontiff to combine two judges in one person: the judge from whom the appeal is made, and the judge to whom the appeal is made. Oh, good God, to be so clever! Rightly did they make this distinction: what subtle intelligence! I never hear these people without learning something new! Nothing is more profitable than being with good and wise men. However, if we continue in this way, I do fear that we shall glue even more persons on to the pope, so that we not only conjoin the appellant and him against whom they make the appeal, but also make the pope both judge, accused, advocate and witness! I am surprised that he who crafted this appeal does not grow pale or blush, that destroyer of law, that false interpreter of the canons, who endeavours to introduce monstrosities never before seen or heard. What lawgiver ever allowed an appeal to be made from a judge to the same judge? Neither Solon, nor Lycurgus, nor the ten men sent to Greece, nor the responsa of the prudent men, nor the edicts of the praetors, nor the plebiscites, nor the decrees of the senate, nor the decisions of princes, nor the laws of men, nor the customs of the barbarian peoples allow for such a practice. Maybe our adversaries have chased up such a law in the city of Plato which has never been found. Undoubtedly, this madness is far from the Politics of Aristotle. If anybody should dare to claim that this [innovation] is just, the laws and the canons will judge the instigator to be delirious, feeble-minded and foolish, and they will eject him from the college of the learned, as hateful both to muses and to letters. So, the first part of the appeal is nonsense because it goes against the facts of life and introduces a new and unheard of monstrosity, rejected by every law and custom. Concerning the appeal to a council, he says:

But they add a second part in which they appeal to the council that has been indicted or will be indicted. This is a slippery, uncertain and unstable ground from which we shall easily cast down our adversaries. We have shown above that only in one case can an appeal be made from an undoubted pope, but that this is not the present case. Therefore the appeal is void. But let us concede something to our adversaries; let us be kind; let us make friends of the mammon of iniquity; let us say that something is true that we know to be false: let us say that it is lawful to appeal the acts of the Roman Pontiff to a council. So what? Shall we then leave the victory to the enemy? Certainly not. But what will we answer? Please listen, all of you. They appeal to the council that has been or will be indicted. The first term is false, the second is ridiculous. Until now nobody has heard that a council has been indicted and in fact it has not been indicted. "But," they say, "it has been promised to the King of France that a council would be celebrated in his kingdom in the year after the Jubilee," and since that year has passed they think that a council has been indicted. Here they draw furrows in the thin dust; here they will harvest oats without kernels, and they will gather no wheat. In such an important matter, it is a very superficial person who is moved not by fact, but by opinion and who follows rumours and silly fables. We are now in the second year after the Jubilee and, God willing, we shall soon be entering the third, and we have not yet heard that a council has been indicted. Who does not understand that their ignorance is affected and false? "Then he does not keep his word to the king," our adversaries reply. That is pure calumny, for the promise of a council to the king was not given unconditionally, but on the condition that the other kings and princes would agree. But these mostly rejected [the idea]. The kings of Aragon, England and Portugal do not want a council to be held in France. I myself, at the command of the emperor, in a public consistory in Rome at the end of the Jubilee Year, argued against holding this council -and with good reason! Our adversaries know this, and therefore they proposed an alternative by appealing to a council already indicted or to be indicted in the future. They are blathering fools, not learned men: trusting in the snares of syllogisms and dialectical tricks, they invent empty glories. But rushing forward they will be dashed against the rock of truth, and they will not enjoy the fruits of their endeavours. For someone who allows an appeal to a council clearly designates either a council in session or a council to be held in the near future. But a council that has not yet been indicted is neither in session or is to be held, and it cannot -either as a matter of fact or as a matter of hope -be called a council. Who is so stupid, or perverse, or shameful that he would appeal to a judge who has neither been born nor is going to be?

The lawgivers decided on a one-year period in which to make an appeal, and in certain cases two years. But our own wise men here stipulate a period of ten years, for they claim that in Konstanz it was decreed that councils should be celebrated every ten years. What a beautiful and useful thing, fostering peace and concord: someone has robbed me of my house and lands, and I summon him to the court. My adversary is ordered to return the things that he has taken with force. He then appeals to a council, postponing the matter for ten years! How will that trial end? And who will wait for ten years? Time glides by imperceptibly and cheats us in its flight. Heavy expenses, the shortness of life and a thousand kinds of death will grant the case to the appellant. But why do I worry about ten years? I fear that it will take twenty years, no, hundred years before another council is celebrated -to be indicted according to the needs of the time, as the Roman Pontiff sees fit. Concerning the appeal to Universal Church, he says:

As you hear, the appeal to the council has now been torn apart, and neither will their appeal to the Universal Church be left standing. I do not know if our sophists have soused their lips in the Nag's Spring or dreamed on the two-topped Parnassus, for being usually engaged in debating on asinine and fortuitous matters, they have suddenly come forth as specialists in law. Let us hear their words, let us examine the meaning. They appeal to the Universal Church. What it is that they call the Church? I presume that they are not using this word in the sense of the walls and roofs of the temples, as it is used in common language, but that they are talking about an assembly of the faithful. This term comprises everybody, great and small, men and women, clerics and laymen. In the beginning, such an assembly could sometimes meet in one place, for [at that time] the number of faithful was small. But when the Faith grew, and their sound hath gone forth into all the earth: and their words unto the ends of the whole world, then all the faithful could never again meet in one place. Piccolomini's argumentation concerning the Austrian appeal of the papal monitorium to a council is especially important as it would form the basis of his papal bull, Execrabilis, of January 1460, in which he formally forbade appeals from a pope to a future council. In the long term, this bull had a profound influence on the development of the monarchical position of the pope in the Roman Catholic Church.

Austrian rebellion

In his defense of the emperor against the Austrian rebels, Piccolomini endeavoured to refute their arguments concerning the testament of King Albrecht, the pact between the emperor and Austrians, the interests of King Ladislaus, and his dignity.

Testament of King Albrecht II

Concerning the testament of King Albrecht II, 1 Piccolomini -having cast some doubt on its authenticity 2 -showed that it had not been accepted by the Austrians, 3 the Hungarians and the Bohemians, 4 and that it could not be fulfilled because it stipulated that Ladislaus should be brought up in Hungary which would have been impossible since Hungary was then ruled by a royal rival from Poland whose party would certainly not be interested in keeping the infant King Ladislaus alive. And finally, the testament went against the customs and laws of the House of Austria:

[In conclusion:] the probation of the testament was doubtful and uncertain; the Austrians decided to disregard it; circumstances changed, and the testament could not be observed; the Bohemians and the Hungarians did not attach any importance to it at all; and it went against the customs of Austria and the laws of its princes. For all these reasons, the Austrian case cannot be supported by invoking the testament. [Sect. 39]

Agreement between the Austrians and the emperor

The emperor's tutelary government of Austria was based on an agreement between himself and the Austrians concerning the form of government. If this agreement was not upheld by the emperor, the Austrians would be free of their obligations towards Friedrich as party to the agreement.

Over the eleven years the tutelary government lasted, the form af government initially agreed upon by the parties actually became obsolete and was replaced by other arrangements, so in that sense the agreement actually had lapsed. But, argues Piccolomini, this really happened on Austrian initiative and the changes in the form of government were at the time accepted by all parties:

Let us now look at the agreement itself and how it was concluded, since that is what makes our adversaries so arrogant. I shall tell you briefly. When the emperor took over the government of the Principality of Austria, he promised to appoint 12 men among the magnates of Austria by whose counsel he would rule the duchy. If he did not fulfill this [44][START_REF]Quid 1 amplius? Annis XI Fridericus solus Austriam gubernavit 2 , non tamen sine consilio indigenarum 3 . Oboediverunt omnes, fidem servarunt 4 , nemo se opposuit, nemo contradixit, nemo testamentum Alberti 5 in medium adduxit 6 , nemo se absolutum promissionibus dixit, nemo litteras pactionum induxit 7[END_REF] So far Piccolomini!

Interests of King Ladislaus

Against the Austrians, Piccolomini argued that their rebellion was not in his best interest, and that their objections against the emperor´s treatment of Ladislaus were unfounded.

The arguments concerning the interests of King Ladislaus mostly concern the unlawfulness of disobeying Friedrich, who as emperor was Ladislaus' direct superior. It would appear that Piccolomini's arguments in this respect were quite out of tune with the political realities of the times.

As for the emperor's treatment of Ladislaus, Piccolomini affirmed, with some justice, that  Ladislaus was not treated as a prisoner,  That he was given proper nourishment  That the journey to Rome was not dangerous for Ladislaus but highly advantageous  Ladislaus was not robbed of his inheritance  Hungarians and Bohemians were not slighted  Ladislaus has not gained greater freedom and honour

Dignity of King Ladislaus

The Austrians claimed that it was not befitting the dignity of an underage sovereign prince to have a guardian and to be brought up outside his own country.

Piccolomini countered this claim by referring to a number of examples, both old and contemporary, of such princes to have guardians and to be brought outside his own country.

He appealed both to reason and to authorities to show that even underage princes and kings must have guardians and that they must of necessity be brought up in other countries if it would be dangerous to have them stay in their own country during their minority.

He concluded:

Thus, the four claims that seemed to substantiate the Austrian complaints against His Imperial Majesty are manifestly void, ridiculous and without any merit: they can neither be based on the testament nor on the agreement. Moreover, it is not true that they have acted for the good of their lord and their country. And, finally, the dignity of the lord does not justify overturning the guardianship. Thus, they have championed an evil cause, and they themselves were evil, unjust, unworthy of favour, but worthy of contempt. And thus it is right that these evildoers are restrained by the staff of the High Priest. [Sect. 84]

Date, place, audience and format

There can be little doubt that Piccolomini prepared the oration "Sentio" as his main intervention at the peace conference in Vienna, in December 1452.

The venue would have been the hall where a public meeting of the conference was held.

The audience would have been the participants in the peace conference, i.e. the delegates of the emperor, of King Ladislaus and the Austrians, of Bohemia and Hungary, and the German princes.

The format is an oration, but Piccolomini himself also designates it as a "tractatus", as an "opusculum", and as a "liber." [3] Scio praeterea vos apostolicae sedi veluti matri vestrae, cujus lacte nutriti estis, reverentiam gerere progenitoresque vestros sacrum illud solium 14 omni tempore veneratos fuisse. Neque ab re, quando omnium bonarum artium studia omnemque disciplinam et ipsam fidem catholicam Romanae virtutis ministerio Christus dominus in partes Occidentis atque 15 Boreales effudit. Quibus ex 16 rebus si quid diminute, aut indocte, aut inepte fuerit a me 17 dictum, id spero 18 vestra supplebit caritas, doctrina corriget, benignitas tolerabit. 16 quibus ex : ex quibus V 17 fuerit a me : a me fuerit U3 18 pro F [2] I am flattered and pleased to have the opportunity to defend such great majesty, although I could wish for one of the ancients to rise up now from the nether world in order to counter in a substantial, grave and vigourous oration -as was the custom then -the loquaciousness and the presumptuous temerity -not of the Austrians, but of their advisors. But we shall to the best of our ability confute these vessels of the wood and of earth. 1 We do not doubt that they are under the threat of the iron rod or eternal fire unless they come to their senses. For though they know that it is better to suffer for the truth than to gain profit from flattery, they are not ashamed to flatter and cajole those who have caused conflict and great disturbances in Austria, to support their evil deeds, to write appeals, and to pervert the sense of laws and canons. 2 When the Jews made accusations to Festus 3 against Paul the Apostle, he thought himself lucky that he was to plead his case before Agrippa 4 who knew the customs and questions of the Jews. 5 In the same way, I am happy to be speaking for the Supreme Father of the Christians to you who understand the Christian laws and customs just as well as Agrippa knew the Jewish ones. Your learning and virtue are so great that you will be able to see through all evil.

[3] Moreover, I know that you venerate the Apostolic See as your mother on whose milk you were nourished, and that your ancestors always revered that holy throne -and justly so, since Christ Our Lord spread the studies of the good arts 6 , all teaching, and the Catholic Faith itself to the Western and Northern regions with the aid of Roman virtue. 7 Therefore, if I say something that is inadequate, unlearned or inept, I hope that it will be improved by your charity, corrected by your learning and tolerated by your benevolence 1 2. Timothy 2, 20 2 i.e. Canon law 3 Porcius Festus was procurator of Judea from about AD 59 to 62 4 Herod Agrippa II (ca. 27-ca. 99): seventh and last king of the family of Herod the Great, the Herodians 5 Acts, 26, 2-3: I think myself happy, O king Agrippa, that I am to answer for myself this day before thee, touching all the things whereof I am accused by the Jews. Especially as thou knowest all, both customs and questions, that are among the Jews (aestimo me beatum apud te cum sim defensurus me hodie maxime te sciente omnia quae apud Iudaeos sunt consuetudines et quaestiones) 6 i.e. the liberal arts 7 Note how Piccolomini mentions the liberal arts before the Catholic faith and make them a gift of Christ [4] Ceterum, quia tres sunt personarum qualitates, adversus quas nostra dicta videri possunt, consultores, actores 1 , et is, cujus causa res gestae dicuntur, expediens esse dijudico, priusquam principale negotium 2 attingo, quae sit vel domini nostri vel mea 3 de hisce personis sive sententia sive mens in medium proferre.

[5] De consultoribus 4 primum dicam. Hos 5 ego, qui fuerint 6 , nescio nominare, sed ajunt eos litteratos esse ac doctores appellant. Mira res, si doctores dicendi sunt, qui dedocent! Majores nostri quattuor illos illustres et summos viros, jam caelum sublime tenentes, Gregorium, Jeronimum, Ambrosium, Augustinum [4] Before I start on the principal issue, it would seem relevant to explain Our Lord's 1 and my own position and opinion concerning the three parties against whom I shall be arguing: the counselors, the participants 2 , and the person on whose behalf they claim to have acted.

The parties

Counselors

[5] First, I shall speak about the counselors. I cannot name them, but they are said to be educated men and called "doctors". It is astonishing that people who propound erroneous teachings 3 may be called "doctors"! Our forefathers called "doctors" four illustrious and eminent men, who are now in High Heaven: Gregory, 4 Jerome, 5 Ambrose 6 and Augustine, 7 and they did so because these men taught the right way of living and a salutary doctrine through solid and vigourous reasoning, not through syllogisms and sophistry. Someone who fails his pupil certainly does not merit the name of "teacher". Only that man should be called a "doctor" or a "teacher" who fulfills the word of the Gospel: Master, we know that thou art a true speaker and teachest the way of God in truth.

Neither carest thou for any man: for thou dost not regard the person of men. 8 But many, though they are foul and shameful beasts, usurp a most respectable title and want to be called either theologians or lawyers. By these titles they fool simple people, praising their bad and impious deeds when instead they ought to reproach them.

1 I.e. the pope's 2 "actores" 3 "dedocent" 4 Gregorius I (ca. 540-604): Pope 590 to his death in 604 5 Jeronimus, Eusebius Sophronius (ca. 347-420): Cardinal. Doctor of the Church. Saint 6 Ambrosius, Aurelius (ca. 340-397). Archbishop of Milan. Doctor of the Church. Saint 7 Augustinus, Aurelius (354-430): Bishop of Hippo. Theologian. Doctor of the Church. Saint 8 Matthew, 22, 16 [6] His hominibus 1 , quantumcumque doctis, non potest aliud dicere summus pontifex, nisi quod minatur Ezechiel 2 Vae 3 , dicens, qui consuunt 4 {43v} pulvillos sub omni cubito manus, et faciunt cervicalia sub capite universae aetatis. Sunt enim assentatores et 5 animarum deceptores, qui peccata perpetrantibus adulantur. Vellet apostolica sedes hos magistros 6 , quae 7 didicerunt in scholis, pura et aperta fronte docere. Quod si facerent, sanctum illum virum imitarentur, qui sicut mala de bonis non 8 existimabat 9 ita judicare bona de malis recusabat, dicens: Absit a me, ut justos vos 10 judicem; donec deficiam, non recedam ab innocentia mea. 11 12 Nec plura modo de consultoribus.

1 omnibus G 11 ab innocentia mea omit. V 12 Iob xxviio in marg. A [6] To these men, however learned they may be, the Supreme Pontiff can say nothing else than the threatening words of Ezechiel: Woe to them that sew cushions under every elbow: and make pillows for the heads of persons of every age. 1 For they are toadies and deceivers of souls as they egg on those who commit sins. The Apostolic See would wish these teachers to teach sincerely and openly that which they themselves learned in school. In doing so, they would imitate that holy man who, just as he did not think badly of good people, refused to think well of bad people, saying: God forbid that I should judge you to be just: till I die I will not depart from my innocence. 2 And for now, no more about the advisors.

1 Ezekiel, 13, 18 2 Job, 27, 5 [7] Nunc in agentes 1 sermo descendat. Hi sunt, qui sumentes arma divum Fridericum Caesarem ex administratione ducatus Austriae pepulerunt 2 . Horum est numerosa 3 multitudo. Certare tamen cum his tantum nos oportet, qui sunt in apostolico monitorio nominati. Nam princeps illustris et alto sanguine natus magnoque vir ingenio, comes Ciliae, quamvis campi ductor primas belli partes gesserit, non tamen comminatorias, sed hortatorias ex Romano pontifice litteras accepit, ne se misceret Austrialibus ausis. Qua ratione non paruerit, non est meum nunc discutere 4 . Nulla nobis cum eo lis est, neque sua magnificentia, sicut opinor, apostolicae sedi quidquam imputat, nisi fortasse juvare hos 5 6 velit, quibuscum foedus habet. Sic de ceteris dicimus, qui ferentes arma contra Caesarem, non habent 7 in monitorio nomen.

[8] Nominati vero, quibus querela videtur competere, quidam clerici sunt, quidam laici; et clericorum quidem alii religiosi, alii, ut vulgi sermo est, saeculares. Fuerunt et actores 8

Participants

[7] Now, let us talk about the participants. They are the ones who, weapons in hand, drove Emperor Friedrich from the government of the Duchy of Austria. They form a large group of people, but we shall only be disputing with those who are named directly in the apostolic monitorium.

For although the Count of Cilli, 1 an illustrious prince of high nobility and a man with great intelligence, had a leading military role in the war, the letter he received from the Roman Pontiff was not a warning letter, but a hortatory letter [asking him] not to involve himself with the Austrian adventurers. Why he did not obey, I shall not discuss now. We have no conflict with him, and I believe that the Apostolic See charges His Magnificence with nothing except, possibly, that he has lent assistance to his allies. 2 The samme applies to the others who are not named in the monitorium though they have fought against the Emperor.

[8] Of those who are explicitly named and blamed in the monitorium, some are clerics, and some are laymen. Of the clerics some belong to the religious clergy and some to the secular (to use the common term). Indeed, clerics, too, participated in the rebellion, and though they did not fight themselves, they bade their subjects go to war. They refused to obey the emperor, they attended seditious assemblies, they involved themselves in the new administration of the state, and they respected neither the command of the emperor nor the order of the pope. What can I say about those rebellious minds and stiff necks that fight against the majesty of the Apostolic See and with their own hands tie the noose and dig the pit into which they shall fall. [START_REF][END_REF] Not only common 1 clerics, but also religious have dared to raise their horns against the Roman bishop and act as seditious magistrates. What religious? Indeed, both Bernardites, 2 whom their old rule bids to live in forests and solitary valleys in the wilderness, and Carthusians, who desiring to devote themselves more surely to divine contemplation neither preach the word of God, nor hear confessions, nor administer the sacraments to the people! For it is a fact that the Abbot of Melk, 3 whom we ourselves blessed last year, 4 the Prior of Mauerbach 5 and the Dean of Neuburg 6 were among the twelve men who would decide on war and peace in Austria. Oh, you members of religious orders, who want to be and to be seen as dead to the world, who are obliged to observe Pythagorean silence 7 , who are bidden to avoid the gatherings of men as if they were they were a pest, for whom it is a sacrilege to leave the enclosure, who when celebrating the divine office now cry, now sigh 8 : what happened to the fear of God? Where is the contempt of the world? Who has now forced you, against the prohibition of the Supreme Pontiff, to enter the palace, to join the rumour mill, to sit in judgement, to exact taxes, to remove tariffs, to gather troops, and to raise armies: A pretty kind of mind and spirit for the Gods to have converse with by night. 9

1 I.e. secular 2 i.e. Cistercian monks, the followers of Bernard of Clairvaux 3 Stephan von Spannberg, abbot of Melk 1451-1453 4 In his capacity as papal legate, Piccolomini must have officiated at the installation of the new abbot 5 Prior Johann of Mauerbach 6 Georg Müstinger from Klosterneuburg 7 Pythagoreum silentium, see Gellius: Noctes Atticae, 1.9.3-4. Also used by Piccolomini in his De liberorum educatione, written in 1450, and dedicated to King Ladislaus, then 10 years old 8 An example of Piccolomini's use of the classical rhetorical device accumulatio 9 Juvenalis: Satirae, 6.531: en animum et mentem cum qua di nocte loquantur! [10] Haec si numquam sedes apostolica prohibuisset, tamen quia contra Caesarem injuste agebantur, nec vestrae 1 religioni conveniebant, vitare atque 2 fugere oportebat, quanto magis postquam Christi vicarius interdixerat? Sed timuistis, ne 3 temporalia vestra perirent. At 4

Justum et tenacem 5 propositi 6 virum 7 non civium ardor prava jubentium, non vultus instantis tyranni mente quatit solida.

Sed neque pauperies, neque mors, neque vincula terrent, responsare cupidinibus, contemnere honores 8 , fortem et in seipso totum teretem 9 atque rotundum, in quem manca ruit semper fortuna 10 . Quid religiosi faciant 11 , quorum professionem stoica disciplina constat esse perfectiorem 12 ? Veros religiosos non aurum, non sedes, non amici, non proximi, non res ullae saeculares, non vitae dulcedo, non mortis metus ex sancto proposito possunt aut recto divellere tramite, quoniam opes, genus, spem, sedem 13 , gratiam, dignitatem non hic in terris, sed in caelis invenire festinant. Ac tantum de clericis dixisse voluimus. 11 Religiosorum officium in marg. U3 12 perfectionem D, G 13 spem sedem : sedem spem U1, U2, U3 [10] Even if the Apostolic See had never forbidden these things, they ought still to have been avoided and averted, for they were done unlawfully against the emperor and were improper for members of your orders. And how much more should they not have been avoided when they were forbidden by the Vicar of Christ? You were afraid of losing your temporal possessions. But the man tenacious of purpose in a righteous cause is not shaken from his firm resolve by the frenzy of his fellow-citizens bidding what is wrong, not by the face of the threatening tyrant. 1Neither poverty nor death nor bonds affright him, who bravely defies his passions, and scorns ambition, who in himself is a whole, smoothed and rounded2 and against whom Fortune in her onset is ever maimed. 3 And what should the religious do whose calling is clearly more perfect than the stoic discipline? 4 True religious may be moved from their holy purpose and the right path neither by money, mansions, friends, relatives, nor by anything secular, nor by a comfortable life, nor by fear of death. For they should not pursue wealth, family interests, hope, mansions, favour and status here on Earth, but in Heaven. This is what we wanted to say about the clerics. 0.2.2.2. Laity [11] I hasten on to the laypeople, among whom we find both eminent counts, well-born barons, great noblemen and powerful communes. I know that these men are good men without spite, who love all that is good and just. But they have been deceived by the advice of experts who told them that their enterprise was just, and that the apostolic command was unjust. As military men they did not know the law, nor the greatness of the imperial majesty, nor the vast authority of the Roman Pontiff. They believed what learned men told them and what clerics preached. What people does not stray when the clergy strays? The flocks are saved and destroyed together with their shepherds. Therefore, His Apostolic Holiness asks these nobles to lend ears to a teaching that heals just like they did to a teaching that hurts, so that they do not neglect their salvation or believe in lies more than in truth. They should not believe evil to be good, or good to be evil. They should not persuade themselves that it is lawful to oppose the apostolic mandates. They should not be proud of evil deeds. They should not wish to seem powerful through evil, but recognize their error and humble themselves, for -if we believe Calixtus, and if we believe in truth -it is better to humbly confess evil acts than to proudly glory in good acts. 1But with these people I shall deal softly, kindly, without indignation, without anger, without rigour. So hear me patiently. I do hope that you will not later regret or be offended at having listened to my words.

[12] Sed transeo jam ad tertiam 1 personam, cujus causa factam novitatem asserunt. Is est inclytus atque omni favore dignus Hungariae ac 2 Bohemiae rex Ladislaus 3 , quamvis puer ac pupillus, adhuc optimae tamen 4 indolis et sensu 5 senior annis. Non est apud me dubium futuros esse nonnullos, qui me suae majestati deferant, nam si Austrialium facta reprobo, quibus rex idem extra manus receptus est imperatoris, atque auctus et magnificatus videtur, quis non me illi adversum infensumque 6 dixerit, ejus fortunae et gloriae invidentem? At ego si vel re vel animo hujus clarissimi regis utilitati nocere quavis occasione praesumerem, nec sanctissimo domino nostro placerem, neque 7 verus servus 8 essem aut nuntius apostolicae sedis. Nam etsi 9 omnibus regibus apostolica benignitas favet, huic tamen principi mirum in modum afficitur, cum 10 propter mores ejus optimos, tum quod eum ad magnam Christianae religionis exaltationem ex infinitis paene periculis in hanc 11 usque diem autumat divina pietate servatum. 12 Accedunt et patris Alberti13 merita, qui malleus fuit haereticorum, et avi Sigismundi14 beneficia, qui divisam ecclesiam apud Constantiam reddidit unioni. [12] And now I pass on to the third [party, the] person for whose sake they claim to have rebelled. That is the Illustrious King Ladislaus 1 of Hungary and Bohemia, worthy of all honour. He may be a boy and an orphan, yet he is of excellent disposition and mature beyond his years. I do not doubt that many will denounce me to His Majesty, for since I condemn the acts of the Austrians who have removed the king from the emperor and enhanced and increased his state, they will claim that I am his adversary and enemy and envious of his good fortune and glory. But, actually, if I should ever dare to harm or just consider to harm the interests of this noble king, I would neither please Our Most Holy Lord 2 nor be a true servant or envoy of the Apostolic See. For though His Holiness favours all kings, he is extraordinarily attached to this prince both because of the prince's excellent character and because he believes that Merciful God has until now preserved this prince from almost infinite dangers for the advancement of the Christian religion. 3 To these should be added the merits of the prince's father, Albrecht 4 who was the hammer of the heretics 5 , and the good deeds of his grandfather, Sigismund 6 who in Konstanz reunited the Church. 7 1 Ladislaus the Posthumous of Habsburg (1440 -1457): Archduke of Austria from 1440, King of Hungary from 1444 and King of Bohemia from 1453 until his death 2 I.e. the pope 3 In this the pope was sadly mistaken since King Ladislaus died some years afterwards, at the age of 17 [13] Many are the reasons that make Our Holy Lord love this orphan king, as the King himself must have felt during his recent stay in Rome. Did the pope not receive him with kind words and sentiments? Never did the king ask in vain to see him, never was a request of his denied. How often did he not cause rejected supplications made by other people to be accepted after all? How often did the pope not send cardinals and princes away unheard though they had come to talk about important matters, only to receive this boy (though king)? It is false and absolutely untrue to claim that the Supreme Pontiff does not desire prosperity and good fortune for the Illustrious King Ladislaus. Since the pope ascended to the Chair of Peter, he has always been concerned about the king's status and position both in Hungary and Bohemia, and he has never undertaken anything that might harm him. Nor is his monitorium, so critizised by the opponents, damaging or harmful to His Serenity, as our speech will show. Thus, no one may claim that the Roman Bishop is an enemy of the King for he loves him well. Both in Hungary and in Bohemia many dangers will threaten His Highness,1 and then he will need the protection of the Apostolic See. Never shall he lack its favour if he follows in the footsteps of his forefathers and shows devotion both to his mother, the Church, and to the Vicar of Christ. [14] I myself am but ash and trash, a useless Christian, an unlearned priest, an unworthy bishop, but since I first saw King Ladislaus, I have always supported His Highness, his honour, his fortunes and his realms. Often have I sent letters concerning him to Hungary, to Bohemia and to the Roman Curia. I have even written a book to his teachers and given them precepts for the instruction and education of the boy king, based on the teachings of Quintilian 1 and Plutarch. 2 3 I pass over how much I have previously spoken in defence of his interests in the Bohemian Assembly at Beneschau, 4 in Rome, in Naples, in Nürnberg, in Cologne, in Venice and in many other places. Therefore, no one should have the temerity to claim that today I am speaking against his interests. When I defend the greatness, the eminence, and the excellence of the Apostolic See, it is Ladislaus' cause that I defend, it is him that I help, it is him that I praise, it is him that I extol, it is him that I favour, it is him that I assist. 5 Later, when he knows more, he will recognize that this is the truth, and so will you, when you fully understand what I am going to say shortly.

And now it is time to address the assertions of those who oppose the Roman Pontiff, to step down into the arena with knotted fists and fight hand to hand. on the education of the then 10-year old boy king, Ladislaus 4 Piccolomini represented the emperor at a meeting of the Bohemians in Beneschau in July 1451 and gave the oration "Petivistis ex Caesare" [16] from 1451 in which he defended the emperor's wardship over Ladislaus, as he had done previously in Rome in the oration "Tritum est sermone" [12] (1447) and in a now lost oration to the Venetian Senate [15] Tria sunt, si recte capio, quae jaciunt adversantes 1 praecipua tela, tria sunt objectionis capita. Audivistis, quae dixerunt. Rem, ajunt, absonam 2 , indignam, inauditam ausum esse dominum nostrum 3 , qui saeculare negotium, mundiale, profanum foroque 4 suo minime 5 pertinens attigerit 6 , qui juste procedentes Austriales pro salute domini sui conatus fuerit 7 impedire, poenale monitorium, indignum, impium ad eos mittens. Qui praelatos magnos nobilesque barones indefensos, inauditos censuris horribilibus irretivit 8 . Quidquid ex adverso dictum est, his paucis continetur. Plurima blacterant 9 adversantes, sed omnis querelae vis 10 in haec tria puncta 11 revolvitur. 1 Adversarii quid in marg. [16] But before I counter the objections, I ask: has the apostolic monitorium, which the Austrians so greatly criticize, been properly communicated to them or not? If not, they have no reason for accusing the pontiff, for then it has not hurt them: failing to enforce a directive is equivalent to revoking it.

But if the monitorium has been properly communicated to the Austrians or if they have actively prevented its publication, it would be much better for them to seek absolution than to criticize it. One crime should not be covered by another crime. 1 Just like we should accept both the just and the unjust command of a king, we should also fear and respect both the just and the unjust judgment of the pastor. Shall the axe, asks the Prophet, boast itself against him that cutteth with it? or shall the saw exalt itself against him by whom it is drawn?2 0.4. Structure of oration [17] But let us now refute the objections. As we have said, the adversaries make three objections, and we shall structure our reponse accordingly.

Firstly, we shall show that the matter concerning which the Austrians have been admonished belongs to the pope's jurisdiction. Secondly, we shall prove that the Austrians have not acted justly towards the emperor, and that they have not advanced the cause of King Ladislaus. And thirdly, we shall demolish and refute all the claims of the adversaries and show that the apostolic monitorium is in accordance with the laws and canons. Then we shall have something to say about the appeals that have been made and about the obstinate resistance [against the monitorium].

And finally, we shall explain what is Our Most Holy Lord's intentions in this matter. Our whole oration will thus consist of these five parts.

[18] Ac jam primum aggredior membrum. "Res temporalis erat," inquiunt adversarii, "super qua monitorium missum est: de tutela pupilli principis agebatur, de gubernatione ducatus Austriae, de promissionibus et obligationibus inter laicos agitatis. Romani pontificis 1 est praedicare verbum Dei, clerum instruere, sacramenta conficere, ecclesiastica beneficia 2 conferre, spirituales causas agitare, tueri fidem, extirpare haereses, mores plantare bonos. Si quid ulterius quaerit, saecularibus judicibus, ducibus, regibus, imperatoribus est injurius. Duo sunt enim, quibus principaliter hic mundus regitur, auctoritas sacra pontificum et regalis potestas, suntque actibus propriis et dignitatibus distinctis officia potestatis utriusque discreta. Nihil Romanam Sedem magis decet, quam suum cuique jus illaesum servare. Si Cypriano, si Gelasio, si Nicolao volumus aut Gregorio 3 fidem praebere 4 , spiritualia curet pontifex, temporalia princibus saeculi permittat. Quod si de regnis agere saecularibusque dominiis 5 coeperit 6 , non audiemus ejus vocem, non parebimus suis legibus. Quid nobis et papae? Quid Austrialibus et Apostolicae sedi? Quid populo et clero?"

1 Pontificis maximi officia in marg. U3 2 Beneficia in marg. D 3 Cyprianus, Gelasius, Nicolaus, Gregorius in marg. A; Divi Cyprianus, Gelasius, Nicolaus, Gregorius in marg. U3 4 prebem V 5 dominis V 6 coepit MU

Popes have final authority in secular matters

1.1. Position of the insurgents [START_REF]3 dilectior est 4 ? Quis nostro saeculo praeter hunc unum 5 favet ingeniis? Quis justior, quis liberalior, quis animo majori regnat? An solus hic ex principantibus est, qui neque secundis rebus intumescit, neque destituitur adversis? Verus fortunae domitor et nostri gloria saeculi 6 , qui non minori perseverantia Neapolim cepit, quam Graeci duces 7 Trojam 8 expugnaverunt 9 . Ostendi tibi dotem 10 meam ex paterna maternaque domo non parvam gloriam[END_REF] And now, let us begin the first part. This is what our adversaries say:

"The monitorium sent by the Pope concerned a secular 1 matter, that is the wardship of the orphan prince, the government of the Duchy of Austria, and promises and obligations between laymen.

The function of the Roman Pontiff is to preach the word of God, to instruct the clergy, to administer the sacraments, to confer ecclesiastical benefices, to deal with spiritual matters, to uphold the faith, to uproot heresies, to nourish morality. If it goes beyond that, it offends against the secular judges, dukes, kings and emperors. For this world is ruled by two powers: the holy authority of popes and the power of kings. 2 These are two distinct offices of goverment 3 , each with its separate functions, competencies and powers. 4 Nothing more behooves the Roman See than to keep intact the rights of each party. If we believe Cyprian, 5 Gelasius, 6 Nicolaus 7 and Gregory, 8 the pontiff should be concerned with spiritual matters and leave temporal matters to the secular princes. 9 If he begins to interfere in matters concerning kingdoms and secular dominions, we shall neither heed him nor obey his laws. Why should we care about the pope? Why should the Austrians care about the Apostolic See? Why should the people care about the clergy?

1 "temporalis" 2 Decretum, D.96.10 (col.340): Duo sunt, quippe, imperator augustus … Pope Gelasius to Emperor Anastasius 3 "potestas" 4 Decretum D.10.08 (col. 21) 5 Cyprianus, Thascius Caecilius (ca. 200-258): Bishop of Carthage and an important Early Christian writer 6 Gelasius I (d. 496): Pope from 492 to his death 7 Nicolaus I (ca. 800-867): Pope from 24 April 858 to his death in 867 8 Gregorius I (ca. 540-604): Pope 590 to his death in 604 9 The Austrians defend their position by invoking certain canons in the Decretum Gratiani connected with the popes mentioned [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] Graves sunt horum voces, impiae, periculosae, funestae. Quid de his 1 dicant orbis terrarum illa lumina 2 , quae majestatem apostolicae sedis circumstantia 3 mundum illustrant 4 , quorum doctrina fulget ecclesia ut sol et luna? Majora illis 5 debentur pro testamento Christi et Romani culminis auctoritate certamina. Hanc pugnam nostrae 6 vires expedient 7 . Nam quod Romanus pontifex egit 8 , et justitiam prae se {46r} fert, et rationi 9 consentaneum esse vel pueri possunt agnoscere. Ob quam rem monstro simile mihi 10 videtur in hac urbe Viennensi 11 , quam vetus schola 12 doctrinae domicilium fecit 13 , aliquos inventos esse, qui Romanae sedis eminentiam impugnare praesumpserint 14 . Namque ut Leonis 15 magni verbis utamur: Christi petrae sacratissimam 16 1.2. Position of Piccolomini [START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] Painful are these words, impious, dangerous, and fatal. Those lights of the world 1 who, surrounding the majesty of the Apostolic See, illumine the world and whose learning make the Church shine like the sun and the moon 2 what would they say about the Austrian claims? We must fight hard for the sake of the testament of Christ and the authority of the Roman Highness and spend all our strength in this battle. For even a child can see that what the Roman Pontiff has done is both just and reasonable. Therefore, it seems monstrous to me that some are found here, in this city of Vienna, 3 the home of an old school of learning 4 , who have dared to challenge the eminence of the Roman See. 5 For, in the words of Leo the Great 6 : Anyone who tries to diminish the power of the Holy See, is really trying to violate, impiously and presumptuously, that solid foundation of the rock of Christ which the Lord himself has built. 7 But, like a ship, the Roman See must of necessity suffer many storms and many winds blowing against it: some are resentful because they have been denied bishoprics, others are angry because of money issues, others are moved by fear, and others again are agitated in matters of petitions [to the Holy See]. However, though the bark of Saint Peter may be shaken by storms, it does not sink; it may be hit, but it is not destroyed; it may be attacked, but it is not overcome, 8 for the gates of hell do not prevail against it. 9 1 I.e. the College of Cardinals. It is remarkable that Piccolomini here supports the position of the Papacy with a reference to the prestige and authority of the College of Cardinals 2 From the liturgical antiphon Isti sunt viri sancti 3 Indicates that the oration was held in or intended to be held in Vienna 4 i.e. the University of Vienna 5 See also Piccolomini: Europa (Brown), p. 128: It was then that the learned university of Vienna issued an ignorant opinion, when it ruled that the orders of the pope could be suspended by appealing to a future council 6 Leo I (ca. 400-461). Pope from 440 to his death. Saint. Strong proponent of supreme papal authority 7 Decretum, D.19.7. (col. 62). Leo I ad episcopos Viennenses, ep. 87 8 John Chrysostom: De conversione Matthaei, hom. 14. 9 Matthew, 16, 18

Arguments from Canon Law

[20] For these reasons, we warn our adversaries not to belittle the sacred canons 1 nor to disparage the decrees of the Roman See. In the Gospel the Lord says: He that despiseth you despiseth me. 2 And Gregory 3 says: It is not right to wish or be able to disobey the precepts of the Apostolic See. 4 And Agatho 5 writes to all bishops: Thus, all the sanctions of the Apostolic See should be accepted as if they were confirmed by Blessed Peter himself. 6 Indeed, those who dare molest the Roman Church should be condemned with an eternal curse and accounted among those impious men who do not rise again at the [last] judgment, and who ought to feel the anger of omnipotent God: Let their habitation be made desolate: and let there be none to dwell in their tabernacles. 7

1.2.2. Arguments from The Old Testament [21] In Deuteronomy we read that the judgment between blood and blood, cause and cause, leprosy and leprosy 8 belongs to the High Priest. Who, here, excludes the secular domain from the [authority of] the Apostolic Highness? For when the priesthood was transferred, 9 was not the law 10 transferred together with it? In Isaiah the Lord says: I have set thee over the nations, and over kingdoms, to destroy, and to build and to plant. 1.2.3. Arguments from the New Testament [START_REF]Pasce oves meas. Et iterum: Tibi dabo claves regni caelorum et quodcumque ligaveris super terram, erit ligatum et in caelis, et quodcumque solveris super terram[END_REF] Who would say that the bishop of the New Law is inferior to the pontiff of the Old Testament? Know you not, says Paul to the Corinthians, that we shall judge angels? How much more the matters of this world? 1 If we want to carry the name of Christian, to be called sheep of the Lord's flock, to be saved, then we must revere the Vicar of Christ and obey his precepts. For he it was Peter whom the Lord chose when he made him the pastor of his flock, saying: Feed my sheep, 2 and again, and I will give to thee the keys of the kingdom of heaven. And whatsoever thou shalt bind upon earth, it shall be bound also in heaven: and whatsoever thou shalt loose on earth, it shall be loosed also in heaven. 3 And the Lord Our Saviour did not entrust any particular domain to Peter, but gave him responsibility in all matters without limitation.

Arguments from historical precedents

[23] Therefore, the old and holy fathers attested that the Roman Church, consecrated by the martyrdom of the blessed Peter and Paul, is venerable and preeminent in the whole world. And there is no doubt that any matter concerning Christians, 4 wherever they are, is entrusted to that Church which is designated as the head of the whole body. 5 The pontiffs are endowed with such great powers and authority that several of them have excommunicated kings and emperors. If you need concrete examples conerning the emperors, Pope Innocent 6 struck Emperor Arcadius 7 with the anathema because he had consented to the expulsion of John Chrysostom 8 from his see. 9 And Zacharias 10 deposed the King of the Franks 11 not because of evil deeds, but because he was unfit for so great a power, and then replaced him with Pepin, 12 the father of Charlemagne. In 800 crowned by the pope as the first emperor in Western Europe since the collapse of the Western Roman Empire three centuries earlier [START_REF]Illud ad rem nostram accomodatum exemplum nequeo praeterire: post Henricum quartum Lotharius Saxo 1 ad imperium vocatus est, adversus quem cum Fridericus et Conradus, magnanimi juvenes, arma movissent, quia genus Henrici, cujus sorores matrimonio sibi assumpserant, humiliare atque opprimere videbatur 2 , ab Honorio 3 papa sunt excommunicati, nec prius absolutionis obtinere beneficium 4 quam Caesaris gratiam potuerunt. mirum si Austriales aliquos suo principi insultantes Nicolaus pontifex admonet? Beatus Ambrosius 5 , licet sanctus, non tamen universalis ecclesiae episcopus, pro culpa, quae aliis sacerdotibus non adeo gravis videbatur, Theodosium 6 magnum imperatorem excommunicans ab ecclesia exclusit[END_REF] I cannot omit an instance that is highly relevant to our case: after Heinrich IV, Lothar the Saxon 1 was called to be emperor. But when he began to humiliate and molest the family of Heinrich, 2 whose sisters had been given in marriage to Friedrich 3 and Konrad, 4 these two highspirited youths rose in arms against him. Therefore, they were excommunicated by Pope Honorius, 5 and they could not get absolution before they had regained the grace of the emperor. 6 So, it is no wonder that Pope Nicolaus admonished some Austrians when they rebelled against their prince. Blessed Ambrose, 7 a saint, but not the bishop of the universal Church, 8 even excommunicated Emperor Theodosius the Great 9 from the Church because of a sin that did not seem very grave to other priests. 6 The significance of relatives rebelling against the emperor would not have been lost on Piccolomini's audience since all knew that Emperor Friederich's own brother, Albrecht, was involved in the rebellion of the Austrians against himnot to mention that King Ladislaus was the Emperor's own cousin 7 Ambrosius, Aurelius (ca. 340-397). Archbishop of Milan. Doctor of the Church. Saint 8 i.e. pope 9 Theodosius I [Flavius Theodosius Augustus] (347-395): Roman Emperor from 379 to his death 10 Decretum, D.96.10 (col. 340) [START_REF]Vivere 1 te cupimus longos, Alphonse, per annos, Aurea quo nobis saecula rege patent[END_REF] Advertant igitur caveantque vestri 1 doctores, qui Romano pontifici de rebus saecularibus {47r} adimunt potestatem, quia quisquis, ut ajunt 2 canones, cujuslibet ecclesiae jus 3 suum detrahit, injustitiam facit. Qui autem Romanae ecclesiae privilegium ab ipso summo omnium ecclesiarum capite traditum auferre conatur 4 , hic proculdubio in haeresim labitur. Et cum ille notetur injustus, hic est dicendus 5 haereticus. Non enim, ut adversarii delirant, de rebus dumtaxat spiritualibus Romanae sedis arbitrium est, cui dominus in evangelio de re quacumque 6 tribuit potestatem, qui beato Petro, aeternae vitae clavigero, terreni simul et caelestis imperii jura commisit. Quod Petro, hoc et 7 successoribus ejus Romanae urbis 8 antistibus.

1 nostri U3, V; viri MU 2 dicunt V 3 omit. V 4 conatus U1 5 est dicendus : dicendus est V 6 quamcumque V 7 omit. F 8 sedis MU 1.2.5. Conclusion [START_REF]Vivere 1 te cupimus longos, Alphonse, per annos, Aurea quo nobis saecula rege patent[END_REF] Let your doctors who would deprive the Roman Pontiff of his power in secular matters take note of this and beware. For -as the canons say -he who infringes on the rights of any Church, commits an injustice, but he who tries to deprive the Roman Church of the privilege bestowed on it by Him who is the head of all the Churches 1 undoubtedly falls into heresy: the former 2 is branded as unjust, but the latter 3 must be considered as a heretic. 4 Contrary to the delirious blatherings of our adversaries, the authority of the Roman Church is not limited to spiritual matters, for in the Gospel the Lord gave it power in all things, and to Saint Peter, the keybearer of eternal life, he gave power 5 both in the earthly and the heavenly realm. 6 And what [he gave] to Peter, [he] also [gave] to Peter's successors as bishops of the City of Rome. [27] Our adversaries claim that Gelasius, Cyprian, Nicolaus and Gregory 1 appear to declare that neither should the emperor seize the powers of the papacy, nor should the pope usurp the name of emperor. 2 To them we reply, with Innocent III, 3 that the Roman Pontiff does not exercise secular jurisdiction nor give judgment in secular matters indiscriminately 4 and without good cause, but only rarely and with cause. 5 For whenever nobody else can or dares give judgment in a secular matter, whenever a secular matter is evidently conducted criminally and divine majesty is being offended, and no secular judges oppose it, and whenever justice is denied, then the Roman Pontiff is free to intervene, for his pontifical magisterium is concerned not only with the affairs of priests, but also with secular affairs. Thus, conflicts about the kingship in Hungary were often solved by the judgment of the Roman Pontiff. Thus, struggles in France were ended. Thus, a wastrel king in Portugal was given a coadjutor by the Roman Pontiff. Thus, conflicts were brought to an end in many regions which do not recognize a superior in secular matters. Thus, His Roman Highness has often given rights of legitimacy and secular dignity to laymen born in adultery. And thus, when the empire was vacant, did he sometimes act in the emperor's stead. 5 Innocent III himself claimed only to exercise his supremacy vis-a-vis secular rulers in case of sin (causa peccati), see Sayers, pp. 167-168 [START_REF]Quid nunc in casu nostro dicemus? Arripuerunt arma nonnulli ex Austria; ducatus regimen, quod imperator obtinuerat, invaserunt; judices 1 , quos ille constituerat, excluserunt; putaverunt 2 se jure uti suo. Contra, Caesar offensum se dicit. Quis hic judex? Quis litis decisor erit? Non Bohemus aut Hungarus: nihil ad hos Austriae negotia pertinent 3 . Non Suevus, non Bavarus, non electores imperii 4 : nullus hic regum 5 judicium hoc jure suscipiet, omnes imperatore minores sunt. Quis igitur in tali negotio, nisi Romanus praesul 6 legitime judicabit 7 , qui communis est omnium pater, ecclesiae caput, magister fidei[END_REF] So, what shall we say about the present case?

[On the one hand,] some people from Austria took up weapons; they seized the government of the duchy that the emperor had obtained previously; they deposed the judges appointed by him, and they usurped his rights.

On the other hand, the emperor claims that his rights have been violated. Who will be the judge in this affair? Who will decide the case? It cannot be a Bohemian or a Hungarian, for the affairs of Austria do not concern them. Neither can it be a Swabian, nor a Bavarian, nor the prince electors of the empire, for none of these may legitimately pass judgment on kings, and they are all inferior to the emperor. So, who can legitimately judge this affair if not the Bishop of Rome who is the common father of all, the head of the Church, the teacher of faith, the leader in truth, the Vicar of Christ, a priest for ever according to the order of Melchisedech, 1 who has been made judge of the living and the dead by God himself.

[29] Let the Austrians be aware of this and not believe those who belittle the sanctions of the Church, who weaken the authority of the Roman Pontiff, who spurn the Vicar of Christ, and who do not wish to understand how to act rightly. We declare that those who argue thus are sons of perdition 2 and that their reward is eternal slavery to the Devil, to his angels and to Hell. To those who say: "What matters the pope to us? What matters the clergy to the people?" I reply: "What matters the truth to you? What matters the Gospel to you? What matters Christ to you? What matters Heaven to you?" Light cannot be mixed with darkness, or Belial with God. Now, no more about the first part where, as we believe, we have sufficiently shown that the judgment in the Austrian matter legitimately pertains to the First See, whose precepts nobody may disobey.

1 Psalms, 109, 4. The reference to Melchisdech had significant ideological overtones: Melchisedech was king and high priest, exercising both temporal and spritual authority, just like the medival popes claimed to do, see Sayers, Pope Innocent III often used this reference 2 John, 17, 12

2. Austrians have acted unjustly towards the emperor, and they have not acted in the best interest of King Ladislaus [START_REF]discussionem: quid est quod secundo loco adversantes objiciunt?[END_REF] I now pass on to the discussion of the second part, which concerns the second objection of our adversaries.

Introduction

Position of the insurgents

This is what they say: "Even though the office of the Roman priest has broad powers, it may not give evil commands. According to the Apostle, the Church has received its power unto edification and not for destruction. 1 Nothing is more unjust than the monitorium of Nicolaus for it commands the Austrian nobles, fighting for their natural lord, to give up their just war. But the authority of Scripture admonishes us not to withhold him from doing good, who is able: if thou art able, do good thyself also.2 2.0.2. Position of Piccolomini [START_REF]Hic ego paucissimis verbis satisfacere possum[END_REF] This I can refute in few words.

I do not deny that the Apostolic See should give just, and not evil commands. But, I declare that nothing evil has been commanded. When the adversaries claim that the cause of the Austrians was just, then I must hear not just one party, but both. The emperor denies the claims of the Austrians, and by virtue of this denial the matter becomes dubious. This is undeniably sufficient for the Roman Pontiff to initiate an investigation into the matter. Still, let us enter this sea and consider the cause of the Austrians: do they, as they claim, defend equity and decency? Here, we shall give an overview of how the matter developed, so that we may more easily examine its justness. So, listen benevolently as I give a brief summary of the facts of the case.

[32] Undecim 1 aut eo amplius 2 annis imperator Fridericus tamquam pupilli tutor Ladislai regis Austriam gubernavit 3 . Omnes sibi indigenae oboedientiam promiserant; nonnulli etiam 4 juraverant 5 , donec pubertatis annos Ladislaus impleret. Sic pacificus Austriae ducatum Fridericus administrabat. At cum anno proxime decurso animus ei esset 6 Romam petere, imperiales ut 7 infulas more majorum ex manu summi pontificis assumeret 8 , deque salute communi 9 Christianae religionis et 10

Piccolomini's version of the facts of the case

[32] For eleven years or more, Emperor Friedrich has governed Austria as guardian of the orphaned King Ladislaus. All the people 1 had promised him obedience, and many had even sworn obedience until Ladislaus reached puberty. Thus, Friedrich has administered the Duchy of Austria peacefully. Last year, he decided to go to Rome in order to receive, after the manner of his forefathers, the imperial crown from the hands of the Supreme Pontiff and to consult with the Vicar of Christ on the common welfare of the Christian religion and on the fight against the infidels. With the consent of the people, he appointed governors to rule Austria in his absence and made ready to depart. Then some Austrians, not many and not among the greatest, at the instigation of Ulrich Eyczing, 2 met across the Danube 3 and decided to change the government of Austria. They sent representatives to the emperor in Wiener Neustadt to inform him that, having been gathered in order to deal with certain private matters, they had also taken thought of their lord, King Ladislaus: it seemed proper to them that Ladislaus should now be sent to his own dominions and especially to the city of Vienna, and that it was time to fulfil the last will of King Albrecht concerning the guardianship. So, these things they requested from the emperor. [33] The emperor replied that he was just about to set off for Rome and therefore did not have time to deal with this matter. But when he came back, he would meet with the people and the princes most closely related to himself and Ladislaus, and would follow their advice in the matter of the wardship of his cousin. They became furious and soon gathered in Vienna where it was easy for them to attract the citizens and many others to their cause. Then they wrote to the emperor, already on his way to Rome, that they would no longer obey him as guardian of their prince, and shortly afterwards they withdrew their obedience from him. They also invited the Hungarians and the Moravians to join an alliance. They appointed the great and noble prince Ulrich, Count of Cilli, as their leader, and the important baron Ulrich Eyczing, who had instigated the rebellion,1 as their captain. They threw out the magistrates appointed by the emperor and replaced them with new ones. They collected taxes, administered justice, and took over the whole government of Austria.

Those nobles who wanted to remain loyal and obedient to the emperor they attacked with forces and arms. This is what we say happened, and our adversaries cannot deny it.

[34] Sed licuisse hoc Austrialibus astruunt

Insurgents' version

[34] But they claim that the Austrians were free to do so, and here is how they reason: they say that when Albrecht, the father of Ladislaus, died, his testament was found in which he stipulated that if a son was born to him posthumously, the boy should be kept in the castle of Pressburg 1 under the governorship of eight men, two from Hungary, two from Bohemia, two from Austria, and two from Moravia. To these men he entrusted the care both of his realms and dominions and of the orphan boy. But when Ladislaus was born and had been crowned in Székesfehérvár 2 , his mother, Queen Elizabeth, 3 in whose care 4 he was, sent the boy to Friedrich, Holy Roman King.

Friedrich received the boy and requested the government of Austria in his capacity as guardian.

The barons and the people of Austria agreed and made an oath to him as guardian, and on his part Friedrich gave them a letter in which he promised to govern Austria in a specified way. If he did not keep his promise, their oath was to be considered as null and void, and the sworn promises were not to be kept. Though Friedrich ruled for a long period, he had not kept his promises, [they claim], he had alienated properties of the duchy, he had not used the counsel of the Austrian barons, he had not educated the orphan properly, and he had not exercised his guardianship 5 in a manner befitting a king's son.

[35] Therefore a number of Austrian had assembled and written to his Imperial Majesty that they would no longer accept his governorship, that they requested their prince and lord to be handed over to them, that they wanted to respect the testament which Albrecht had left, that it was unworthy for a crowned king to live at the discretion of a guardian, that the emperor had not wanted to hear their petitions, and that they -working in the interest of Ladislaus -were forced to obtain by arms what they could not gain by pleading. 6 Who would not approve the cause of the Austrians? Who would not say that they had done well in maintaining not only their own rights, but also the rights of their lord? 7 In consequence, the papal montorium was unjust 8 since it aimed at preventing [the actions of] just men.

1 Possonium = Pressburg = Bratislava 2 Alba Regalis = Stuhlweissenberg = Székesfehérvár, city in central Hungary around 65 km southwest of Budapest. In the Middle Ages the city was a royal residence and one of the most important cities of Hungary. In the Székesfehérvár basilica, 37 kings were crowned, 15 rulers have been buried there, and there the diets were held and the crown jewels were kept 3 Elizabeth of Luxembourg (1409-1442): Daughter of Emperor Sigismund. Married to (elected) Holy Roman Emperor, Albrecht II. They had two daugthers. When Albrecht died in 1439, Elizabeth was pregnant with a boy, the future Archduke of Austria and King of Hungary and Bohemia, Ladislaus 4 "potestate" 5 "gubernare" 6 An example of the classical rhetorical device of antithesis 7 An example of the classical rhetorical device of the rhetorical question 8 "malum"

[36] At cum partis alterius in medium vox sonuerit, intelligent, qui ratione, non appetitu ducuntur [36] But when the voice of the other party has been heard, all those who are not led by feelings, 1 but by reason, who are not dominated by love or hate, 2 who love goodness and justice, will understand that the Austrians have proceeded neither justly nor sensibly 3 . To make this clear, I shall respond point-by-point.

The justice of the case of the Austrians appear to rest on four issues: the testament, the agreement, the advantage of their lord, and the dignity of the king.

Testament of King Albrecht II

[37] Let us first present our arguments concerning the testament.

Great is the power of a testament, and the last will of a father should be respected. But although testaments made by princes can be made more freely than those made by private persons and do not have to observe all usual the legal formalities, they must -in order to be credible -be received probate and produced. But the testament of Albrecht has never been received probate or produced. 4 Unproven claims are to no purpose.

But even if the testament should be genuine, the Austrians cannot base their case on it since they themselves have freely chosen to disregard it. It is a womanly fault to shilly-shally, and first to say one thing and then another. Inconstancy does not befit a man at all.

Morever, many things happened at that time because of which the testament neither could nor ought to be respected even if it had been valid. The Hungarians summoned a new King from Poland, 5 brought him to Hungary, and crowned him (I do not presume to judge whether they did so rightly or not). The partisans of the new king held the castle of Pressburg where, according to the testament, the orphan boy was to be kept. How could the boy be safe where his enemies were masters? Who would have argued for entrusting the orphan to the Hungarians, when their majority preferred the rival king?

1 "appetitus" 2 Cf. Caesar's exhortation to the Roman Senate: Conscript Fathers, all men who deliberate upon difficult questions ought to be free of hatred and friendship, anger and pity. Sallustius: Bellum Catilinae, 51.1 3 "utiliter" 4 In his Europa, Piccolomini described Albrecht's death and the ensuing events, confirming that Albrecht actually made and sealed a testament, cf. Piccolomini: Europa (Brown), p. 56-57: But on the journey, he grew sicker and sicker and, after sealing his will, he died at Neszmély on the 27 th of October 5 Władysław III (1424-1444): King of Poland from 1434, and King of Hungary from 1440, until his death at the Battle of Varna between the Hungarians and the Turks [38] Bohemi, cum audissent 1 hujus Alberti voluntatis mentionem 2 3 fieri, deliramentum magis quam testamentum esse dixerunt, in quo 4 Moravos sibi aequatos audiebant, quos subditorum numero habent. Restabant soli Moravi et Austriales, qui testamenti poterant amantes videri, quando et Hungari novum regem 5 eligentes, et Bohemi ordinationem ejus damnantes illud rejecerant. Quis vero tantum regem solis Moravis et Austrialibus commisisset? Actum erat de puero, nisi manus imperatorias incidisset. Sed neque Austriales, ut ante diximus, neque Moravi ante hoc dissensionis tempus in eo testamento fixi fuerunt.

[39] Constabat insuper id 6 testamentum quantum ad gubernationem Austriae ducatus 7 , de qua re quaestio nunc vertitur 8 9 , adversus consuetudines priscas et jura patriae factum, quae pupillos principes sub tutela seniorum esse volunt 10 . His Albertus neque uti dux Austriae, neque uti rex Hungariae aut Bohemiae potuit derogare. At erat, dicet 11 fortasse quispiam 12 , Romanorum rex, licuitque sibi ex causa consuetudini ea vice 13 14 detrahere. Id, si quis astruat, non papyreis cedulis aut testibus rusticanis, sed authenticis litteris et sigillis probandum erit. Addamque 15 postremo, quemadmodum ex causa fas 16 fuit Alberto Austriae jus evertere, sic et Friderico potestas fuit, suadente atque urgente ratione, testatoris voluntatem infringere, jam Romanorum regi declarato. Cum ergo testamenti probatio sit anceps atque 17 incerta; cum Austriales ab eo recesserint; cum rebus mutatis nequiverit observari testamentum 18 ; cum Bohemi atque Hungari nihil in eo momenti posuerint 19 ; cum Austriae consuetudinibus ac principum juribus esset adversum: nihil est, quod Austrialibus testamenti nominatio suffragetur. [38] When the Bohemians heard about Albrecht's will, they called it a delirium rather than a testament, for in it they heard that the Moravians whom they consider as their subjects were treated as their equals. Since the Hungarians had elected another king 1 and the Bohemians had denounced the dispositions of the testament and rejected it, only the Moravians and the Austrians could accept the testament. But who would entrust so great a king to the Moravians and Austrians alone? The boy would have been finished if he had not come into the hands of the emperor. But, as already mentioned, before the present conflict neither the Austrians nor the Moravians have shown any concern about the testament at all.

[39] Moreover, in the matter of the government of the Duchy of Austria, that we shall speak about now, the testament clearly went against the old customs and laws of the country according to which orphan princes should be under the guardianship of the senior princes. Neither as Duke of Austria nor as King of Hungary and Bohemia, could Albrecht dispense from these rules. Possibly someone will say that in this case he could, as King of the Romans and with good cause, dispense from the customary rule. If anyone claims that this is what he actually did, they should prove it, and not by notes on paper or with peasant witnesses, but by authentic letters and seals. Finally, I add that if Albrecht 2 had the right, with good cause, to dispense from the law of Austria, then Friedrich -who had by then been declared King of the Romans -had the [same] power to annul the will of the testator, for good and urgent reasons.

[In conclusion:] the probation of the testament was doubtful and uncertain; the Austrians decided to disregard it; circumstances changed, and the testament could not be observed; the Bohemians and the Hungarians did not attach any importance to it at all; and it went against the customs of Austria and the laws of its princes. For all these reasons, the Austrian case cannot be supported by invoking the testament. 1 And thereby rejected the testament 2 As King of the Romans and Emperor Elect [40] Qua confutata dicere de pactis 1 occurrit 2 . Litteras, inquiunt Austriales, dedisse Caesarem sibi, quibus sancitum est, nisi certo modo sua majestas Austriam gubernaret, promissiones, quas ipsi 3 praestitissent, invalidas atque inanes reddi. Fateamur ita esse, ut referunt, nam veri periculum mihi non arrogo. Sit tamen ita. Quid tum? Servari promissum opportuit, non nego 4 . Studiose agendum est 5 , ut ea, quae promittuntur 6 , opere compleantur. Nutare 7 principis verba non decet. Verum si additur pacto, nisi Romam iveris, decem dato; non est promissi reus, qui domi manens decem dedit. "Hoc est quod volumus", dicent illi. "Non rexit, ut promisit imperator. Soluti ergo ab his sumus, quae promisimus sibi. Sic pacto cavetur, obligantur et principes, dum paciscuntur." Si actum est, ut narrant, quidni {49v} ruant promissiones? "At si promisso non sumus obnoxii," dicent, "liberi ergo 8 sumus, neque parere imperatori tenemur. Recte igitur jugum ejus excussimus." Verum ego, quamvis promissiones extinctas judico, non tamen idcirco liberos Austriales affirmo. Pactiones, quoniam stricto jure censentur 9 , nil agunt, nil obligant extra casum, in quo loquuntur.

[41] Exponamus rem, ut 10 gesta est 11 : dum pacta percussa 12 sunt, de quibus agitur, petebat Fridericus administrationem ducatus Austriae, quae sibi jure tutelae debebatur. Negabant Austriales. Convenit utrimque 13 14 , cessit petenti gubernatio. Fateamur non esse gubernatum ex promisso, quamvis et hoc 15 postea refellemus. Quas pacto vires praebebimus? Numquid propter ea 16 adeo 17 liberos Austriales praedicabimus, ut nihil Caesari debeant? Minime. Sed absolutos ab his, quae promiserunt, ne conveniri ex pacto valeant, non erit absurdum fateri. Quidquid in pacto dictum est, tollitur. Promiserunt: non tenentur ex promisso. Juraverunt: non ligantur ex juramento. Praestiterunt fidem: ruit et illa fides. Quid amplius? Ergo nihil Caesari 18 debebunt? Non ita, inquam. 1 De pactis in marg. A 2 accurrit F 3 sibi U1, U2, U3 4 Servari debere principis promissa in marg. U3 5 quod Austrialibus add. U2 6 promittunt U2 7 mutare U1, U2 8 liberi ergo : ergo liberi MU 9 censetur F 10 aut V 11 Alia narratio in marg. A 12 secuta U1 13 utrique E 14 convenit utrimque : convenere utrique MU 15 haec MU 16 postea U1 17 ab eo U3 18 nihil Caesari : Caesari nil G [42] Sed redibimus ad priores terminos, eritque 1 Fridericus ac si nihil Austriales promisissent. Nec propterea gubernationem ducatus amittere debuit, quia soluta promissio fuit. Restabant enim et aliae obligationes, quibus retineri usque ad pubertatem pupilli Austriale regimen poterat. Erat jus civile, quod pupillorum tutelam proximioribus mandat. Erat jus patriae consuetudinis, quod pupillum principem seniori domus committit. Erat jus sacri imperii 2 , ad quod 3 vocatus 4 postea Fridericus fuerat, cujus vigore gubernare Austriam Ladislaumque 5 regere nulli magis quam sibi licebat. Austriales ergo, qui multis erant imperatori vinculis obligati, quamvis unum amputavissent 6 , non tamen oboedientiam subtrahere debuerunt, quae nexibus aliis tenebatur 7 obnoxia. Evertimus, sicut arbitror, adversantium fundamenta, quae super litteris pacti jecerunt. Sagittae parvulorum factae sunt plagae eorum.

1 erit G 2 Ius imperatoris in marg. A 3 ad quod : quod ad E 4 ad quod vocatus : quod advocatus MU 5 Ladislaum E, MU 6 amputasset U1; amputassent U2, U3 7 tenebantur B, E [42] Let us turn back to the original situation, and [let us assume that] the Austrians had promised Friedrich nothing. Still, he would not lose the government of the duchy because the promise was not kept, for other obligations remained by virtue of which he could retain the government of Austria until the orphan boy had reached puberty. There was civil law which entrusts the guardianship of orphans to their closest relatives. There was the customary law of the country which entrusts the care of an orphan prince to the senior prince of his house. There was the law of the Holy Empire, to which Friedrich had been elected afterwards, and by force of which none had a better right than he to rule Austria and have charge of Ladislaus. So, even if the Austrians cut one of their several ties of obligation to the emperor, they still had other ties to him because of which they ought not withdraw their obedience.

I have now, I believe, destroyed the basis of the Austrian arguments concerning the letter of agreement. The arrows of children are their wounds. 1[43] Addemus tamen et alia contra pactiones 1 , neque locum his ullum relinquemus. Administrationem cum Fridericus Austriae suscepit, cum communitate regionis sive 2 universitate contraxit, non 3 cum duobus aut tribus: respublica 4 , res universitatis agebatur 5 , non paucorum. Si quid 6 adversus contractum dicendum erat, universitatis aut majoris vel 7 sanioris 8 partis reclamatio fuit, non duorum aut trium sive minoris 9 partis. At eo tempore, quo reclamatio coepta est, Ulricus Eyzinger 10 et pauci cum eo fuerunt, qui trans Danubium convenere. Pars major et sanior 11 , cujus erat [50r} de republica consilium, cum Friderico sentiebat. Paucos, qui sequebantur Ulricum, universitatis abrumpere promissa non decuit. Nam si se liberos nullisque 12 Caesari promissionibus obnoxios dicere voluerunt 13 , angariare ceteros, quibus servanda fides videbatur, et universam invadere rempublicam nemo sapiens paucorum ambitioni permiserit. Quod si major pars conquesta fuisset, aut auscultasset ei Caesar, aut 14 illi 15 dixisset: "Si non teneris pacto, at 16 jure patriae 17 , jure 18 civili, jure imperii teneris." Quid plura? [43] Let us add some other things concerning the agreement and leave no room for their arguments at all. When Friedrich took over the administration of Austria, he was dealing with the whole region, and not just with two or three people: the matter concerned the whole country and commonwealth, not a few individuals. If anything should be said against the treaty, the complaint would therefore have to be made either by the whole community or by a majority or by the sounder part, 1 and not by two or three people or a minority. But when they began to make complaints, it was only Ulrich Eyczing and a few followers who gathered across the Danube. The major and sounder part, whose responsibility it was to provide for the whole state, sided with Friedrich. The few who followed Ulrich did not have the right to break the promises of the whole community. For even if they wanted to declare themselves free and under no obligation to the emperor, no wise person would allow the ambitious few to harass the others, who wanted to keep their promises, and take over the whole state. Had it been the majority complaining, the emperor would either have heard them or said to them: "Even if you are not bound by the agreement, you are still bound by the law of the land, by civil law and by the law of the empire." What more needs to be said? [44] Let us now look at the agreement itself and how it was concluded, since that is what makes our adversaries so arrogant. I shall tell you briefly. When the Emperor took over the government of the Principality of Austria, he promised to appoint 12 men among the magnates of Austria by whose counsel he would rule the duchy. If he did not fulfill this condition, the promises of the Austrians, by which they had sworn obedience, would be void and they would not be bound their pledge or oaths. The Emperor then chose 12 men, who were called governors. But when they had governed for some time, they abdicated the magistracy at their own initiative. Then, with the agreement of the people, the form of the government of the country was changed: now 24 governors were appointed by whose counsel the Emperor would administer Austria. [At that time,] absolutely no mention of the agreement nor of the promises was made. After yet another period, these governors, too, resigned, leaving the country without a government. When Friedrich was informed of it, he began to govern alone, without any [formal] agreement, but with the assent of the people. This is how the matter developed. Now, who does not know that this is true? A specific form of government of the country was established; the agreement became obsolete: the form of government was changed not once, but twice, and at no point did anybody mention the agreement. Who would not consider it to have lapsed? [START_REF]Quid 1 amplius? Annis XI Fridericus solus Austriam gubernavit 2 , non tamen sine consilio indigenarum 3 . Oboediverunt omnes, fidem servarunt 4 , nemo se opposuit, nemo contradixit, nemo testamentum Alberti 5 in medium adduxit 6 , nemo se absolutum promissionibus dixit, nemo litteras pactionum induxit 7[END_REF] What happened then? For 11 years Friedrich has governed Austria alone, but not without the advice of the people. All have obeyed him, all have been loyal, nobody opposed it, nobody spoke against it, nobody brought up Albrecht's testament, nobody claimed to be freed from their promises, nobody mentioned the letter of agreement. So why this upheaval, after such a long period? [A group of people] took up weapons against their lord, but though they considered themselves to be no longer bound by their promise, they were not the majority of the people. Neither were they free according to the custom of Austria, nor were they exempt from the civil laws, nor free of the yoke of the Empire. On the contrary, they owed respect to Friedrich as Duke of Austria, they owed him obedience as guardian of the orphan prince, and they owed him reverence and submission as emperor. These obligations cannot be shown to have been revoked by their letter or by the agreement. Thus, we have demolished the two basic arguments of our adversaries, which they themselves considered to be the most important.

[47] Eo mortuo, variis casibus vexata provincia in potestatem Ottokari 1 Bohemorum regis dilapsa est, ac demum virtute Rudolfi 2 , Romanorum principis, ad imperium rediit, qui et Viennam 3 obsidione 4 cinctam 5 ad deditionem compulit, et Ottokaro magno proelio victo et provinciam et vitam ademit. Nec diu post in conventu principum apud Augustam Vindelicam 6 Albertum 7 filium 8 huic regioni ducem 9 praefecit. Ab illo continuata successio est usque in 10 Ladislaum 11 nostrum 12 . Albertus in feudum 13 ex patre 14 Romanorum rege suscepit Austriam. Ab imperio igitur Austriae principatus est. At princeps et dominus Austriae Ladislaus est, concedo, ea tamen 15 lege, ut sibi et dominum et principem Fridericum noverit, et quam exigit a subditis oboedientiam, eamdem ipse praestet imperatori. Nam etsi utile in eum transfusum est, directum tamen Austriae dominium penes imperium haeret. Caveant igitur, qui se 16 fautores Ladislai 17 praedicant 18 , ne dum uni se putant consulere suo domino, cum duos habeant, aut alterum offendant aut utrumque, quando et duci et imperatori subsunt. [47] When Friedrich died, the province suffered a number of calamities and eventually fell into the hands of the Bohemian King Ottokar, 1 but in the end it reverted to the empire, thanks to Rudolf, Prince of the Romans. 2 For Rudolph laid siege to Vienna and forced it to surrender, and having conquered Ottokar in a great battle, 3 he took both his country and his life. Not long afterwards, in an assembly of princes held in Augsburg, he made his son Albrecht 4 duke of this region 5 . From him it came to our Ladislaus through unbroken succession. Albrecht received Austria from his father, the King of the Romans, as a feudal possession. Thus, Austria is a principality under the empire. Ladislaus is the Prince and Lord of Austria -that I acknowledge -but only on condition that he recognizes Friedrich as his own lord and prince, and that he yields the same obedience to the emperor which he demands from his own subjects. For though the lordship of Austria has properly 6 been transferred to Ladislaus, Austria is still a lordship directly dependent on the empire. So, let all who declare themselves to be the partisans of Ladislaus beware not just to support one lord, when they actually have two, and not to offend one or both of them, since they are subject to both the duke and the emperor. 1 Ottokar II (c. 1233 -1278) [48] Quod si percunctetur 1 aliquis utri parendum sit, si alter alteri adversetur, nemo, qui perturbato sensu non fuerit, duci primas dabit: recta ratio Caesarem praefert. Durior 2 hic sermo fortasse videtur, at agnita ratione mitior 3 fiet. Mandat Austriae dux omnes, {51r} qui ferre arma possunt, in bellum eant. Baro, qui feudum a duce recepit 4 , prohibet suos homines ne arma capessant. Quis non ducis mandata praetulerit? At quod duci baro, hoc imperatori dux erit. Indigne superiorem contemnit 5 , qui vult ab inferioribus honorari. Quod si quis hoc 6 desitum et aliam inolevisse consuetudinem 7 affirmaverit, respondebo cum Cypriano 8 , consuetudinem 9 ratione carentem erroris esse, non juris vetustatem. Non prava 10 consuetudo 11 , sed honesta consideratio ducere homines debebit. Indignum, absurdum, sceleratum est, quos tibi 12 13 commendaverim populos, eos te mihi praeferre, tuique causa adversus me militare, quos meo nomine regis, ac si filius jubente paedagogo manus injiciat patri, aut episcopo mandante ferrum stringat in papam 14 clericus 15 . [48] If somebody asks: "Who should be obeyed in the case of a conflict between them?", nobody in his right mind would give priority to the duke: logic points to the emperor. This may seem a severe statement, but if the reason for it is understood, it becomes more acceptable. [Let us take an example:] the Duke of Austria commands all men able to bear weapons to go to war. A baron, who had received [his possessions as] a feud from the duke, forbids his men to do so. Who would not give greater weight to the command of the duke? But as the baron is to the duke, so is the duke to the emperor. It is unworthy to disobey the commands of one's superior if one wants to be obeyed by his own inferiors. If someone argues that this rule has become obsolete and that another custom has grown up in its place, then I shall reply with Cyprian that a custom is erroneous if it is not based on good reason; it is not erroneous because it is based on an old law. 1What men should follow is not a senseless custom, but honest reasoning. It would be unworthy, absurd, and criminal if those people whom I have entrusted to you should prefer you to me, and that those whom you rule in my name should fight against me. That would be like a son hitting his father at the command of his teacher, or like a cleric drawing his sword against the pope at the command of his bishop.

[49] Maybe our words seem not to carry much weight, but then let those who distrust our words heed the Prince of the Apostles, saying: Be ye subject to your lords: whether it be to the king as excelling, Or to governors as sent by him. 1 The obedience due to a king is different from the obedience due to a duke. Anyone who obeys his duke against his king is liable in terms of the apostolic precept, for he is guilty of obeying the duke as someone with a mandate against the king and not as someone with a mandate from the king. There is no power but from God, writes Paul to the Romans, and those that are ordained of God. 2 But human powers must have order: He that is high hath another higher, says Ecclesiastes. 3 In his books of Confessions, Augustine says that the greater power must be obeyed rather than the smaller. 4 And rightly says the peasant, in Maro 5 : You are the greater one, Menalcas: it is right for me to defer to you. 6 And finally, concerning this matter, [we may quote] these words of the Apostle: He that resisteth the power resisteth the ordinance of God. 71 1. Peter 2, 13. The text of the Vulgate is different and has a different meaning: Be ye subject therefore to every human creature for God's sake: whether it be to the king as excelling, Or to governors as sent by him (subiecti estote omni humanae creaturae propter Dominum sive regi quasi praecellenti sive ducibus tamquam ab eo missis) 2 Romans, 13, 1 3 Ecclesiastes, 5, 7: excelso alius excelsior est 4 Decretum, D.8.2. (col. 14). Cf. Augustinus: Confessiones, 3, 15 5 i.e. Virgil 6 Vergilius: Eclogae, 5.4 7 Romans, 13, 2

[50] Quaerit Augustinus, an procuratori 1 provinciae resistere fas sit, et asserit resistendum, si contra proconsulem jubeat, quia non potestas contemnitur, sed major ad oboediendum eligitur. Nec debet minor irasci, si major praelata est. Rursus si aliud proconsul, aliud jubeat imperator, praeferenda imperatoris mandata confirmat. Quod de proconsule, idem censere 2 de duce oportet. Quem si quis imperatori subditum nescit, jurisjurandi formam inspiciat, quod Romanorum regi sive Caesari universi principes imperii praestare jubentur. Qui se scit 3 aliis esse praepositum, non moleste ferat alium sibi esse praelatum. Sic societatis humanae servantur foedera. Sic dulcedine pacis et civitates 4 [50] Augustine asks whether it is right to oppose the procurator of a province and concludes that he should be opposed if he commands anything against the proconsul, for that is not disregarding the lawful power, but obeying the highest-ranking superior. The one who is lower-ranking should not be angered if a higher-ranking is preferred. And if the proconsul commands one thing and the emperor another, the command of the emperor must take precedence. What Augustine says about the proconsul must also apply to a duke. If someone does not know that a duke is the subject of the emperor, he should look at the form of the oath that all the princes of the empire are required to swear to the king of the Romans or the emperor. Anyone who knows that he has been set above others should not be offended that another has been set above himself. 1 This is the basis of a well-ordered society. 2 Thus do cities, provinces, and kingdoms obtain sweet peace.

I shall not now bring into the discussion something that is, otherwise, both relevant and wellknown, viz. that the emperor can suppress any duchy subject to him, or transfer it to somebody else, or keep it for himself, if either there is some good cause or in the case of some fault. Suffice it that I have shown that Emperor Friedrich is the overlord of the Austrians, and that his command should be given precedence over any given by Ladislaus, not to mention the rebel Ulrich. 1 Decretum, D.23.6. (col. 81), Letter of Pope Leo I to Anastas. Thessal. Quotation used in other letters and orations by Piccolomini 2 "Sic societatis humanae servantur foedera"

[51] At 1 hujus domini 2 causam certum est Austriales nequaquam 3 egisse. Cum dico Austriales, eos intelligo, qui Caesarem impugnaverunt, non eos, qui stabiles apud eum mansere, quamvis 4 multi et 5 nobiles et clari barones fuerint 6 , digni 7 laude et gloria nominis 8 sempiterna. Verum ceteri Austriales, quorum facta, non personas improbo, ex duobus dominis, qui super eos et in eos imperium habent, alterum, et majorem, et cui obnoxiores erant, offenderunt subtrahentes oboedientiam sibi, cunctisque praeceptionibus ejus obaudientes, quodque nullus potest non impium sceleratumque dicere, bellum adversus eum gesserunt. Quod nec imperante Ladislao movere 9 licebat, quanto minus illo tacente? Qui dum pupillus est, semper tacere censetur, nesciens quid sibi antiquius sit. Docendi pueri, non sequendi; corrigendi, non adulandi sunt. [51] It is certain that the Austrians have not acted in the best interests of their lord. When I say "the Austrians", I mean those who fought against the emperor, not those many noble and loyal barons, worthy of praise and the eternal glory of their name, who remained loyal to him. But the other Austrians, whose acts I condemn (but not their persons), have offended the greater one of the two lords having legitimate power over them and the one to whom they owe the greater loyalty, for they withdrew their obedience, ignored all his commands, and even made war against him -something that all must admit is impious and criminal. They had no right to do so even if Ladislaus himself ordered it, and how much less when he was silent? A child must always remain silent, since it does not know its own good. Boys should be instructed, not followed; they should corrected, not flattered.

[53] De 1 2 captivitate mirum est quod objicitur. Si non fuit illi quavis hora quocumque voluit ire libertas, non tamen captivus dici poterat. Puero non est omnis admittenda 3 voluntas. Ex alieno arbitrio, non suo sensu ducere vitam pueros oportet. 4 Qui parcit virgae, odit filium. Mollis illa 5 educatio, quam indulgentiam {52r} vocant, nervos omnes 6 mentis et corporis frangit. Dilectissimus apud Caesarem Ladislaus fuit et, ut filium regis decuit, gubernatus. Quod si non mille 7 adolescentes aut mille 8 pedissequas ministrantes habuit 9 , regio tamen apparatu et cultu honesto servatus est, praeceptoribus commissus modestis et prudentibus, educatus pudice, litteras 10 simul et mores edoctus. Quid contendimus? Optime nutritum puerum habitus ipse pueri faciesque confirmat 11 12 , in cujus ore venustas, in gestu gravitas, in affatu modestia, et in omni 13 actu, quantum fert puerilis aetas, discretio singularis elucet. Quibus 14 nudus extaret, si minus probatos habuisset altores 15 .

1 Responsio ad obiecta Austrialium in marg. D, G 2 per U1 3 amittenda U1 4 De pueris educandis in marg. U3 5 omit. B, E, MU 6 omnis U1 7 nulle V 8 nulle V 9 Educatio Ladislai regis in marg. U3 10 omit. F 11 confirmant U1, U2, U3 12 Qualis rex Ladislaus in marg. A 13 omne F 14 rebus add. U1, U2, U3 15 auctores V

[54] Quod 1 si neque cibo, neque potu tanto refertus 2 est apud Caesarem, quanto nunc apud comitem 3 repleri dictant 4 , nemo id sapiens vitio dabit. Ventri namque, sicut magno Basilio 5 visum est, non ad voluptatem, sed ad sustentationem porrigere conducit. Nam qui cenas semper atque coquos 6 mente agitant 7 epularumque gratia terras mariaque perscrutantur, miserabili admodum servitute premuntur 8 , et gravissimo domino tributa pendunt. Satis est puero sufficientiam ministrasse. Sufficientia 9 vero non libidine voluptatum, sed naturae necessitate diffinienda est 10 . Nimius autem vini usus ac cibariorum copia surgentem in pueris virtutem enecant. Neque jocus liberali et regio puero dignus negatus est, quamvis scurrarum et saltatricum 11 greges ad eum non sunt admissi 12 , aetati namque 13 id tenerae nocivum Caesar existimavit. Bene apud Satyrum 14 quemdam 15 scriptum est:

Nil dictu 16 foedum visuque 17 haec limina 18 tangat intra 19 quae 20 puer est, procul hac, procul 21 ite puellae lenonum 22 et cantus 23 [54] When Ladislaus was with the emperor, he was not stuffed with food and drink as much as he is said to be now that he lives with the count. 1 But no wise person would consider that to be a fault. For, as Basil the Great has said, 2 one must offer the belly sustenance, not pleasure. For those who are always worked up about dinners and cooks and who for the sake of a banquet scour every land and sea, are heavily burdened with miserable slavery and pay tribute to a most severe master. 3 It is enough to have given the boy sufficient nourishment. And "sufficient" should not be defined by the joy of pleasure, but by the necessity of nature. 4 Too much wine and food will kill the growing strength in boys.

Neither were games, as befitting a freeborn and royal child, denied him. He was not, however, allowed to attend performances by troupes of comedians and dancing girls, for the Emperor considered [entertainments of this kind] to be harmful to a boy of tender age. Well it is said by the Satirical Poet: 5 Let no foul word or sight cross the threshold within which there is a boy. 6 Away with you, ye bawd damsels! Away with the songs of the night-revelling parasite! You owe the greatest reverence to the young. written in 1450, and dedicated to King Ladislaus, then 10 years old 4 Basil of Caesarea: Ad adolescentes, 9, 19 5 Juvenalis, Decimus Junius Juvenalis (active in the late 1st and early 2nd century AD). Roman poet. Juvenal was one of Piccolomini's favourite classical authors 6 The text of Juvenal has "pater", i.e. a father -not a boy! 7 Juvenalis: Satirae, 14.44-47: Nil dictu foedum visuque haec limina tangat, intra quae pater est, procul, a procul hac inde puellae lenonum et cantus pernoctantis parasiti. Maxima debetur puero reventia 2.3.3.3. The journey to Rome was not dangerous for Ladislaus but highly advantageous [START_REF]6 , qui rebus magnis vel puer interfuit gravesque mores didicit. Quo 7 semel est imbuta recens, servabit odorem testa diu[END_REF] The Austrians also reproach the emperor that he forced a great, difficult, and dangerous journey on a tender and delicate boy. "He brought," they say, "our hope, our peace, our quiet, our lord to Italy in wintertime." Indeed, a beautiful accusation! 1 When the rebellion broke out in Austria, Friedrich had not yet left Styria or decided to bring Ladislaus with him. How could those who barely know the present foresee what would happen in the future? At any rate, Ladislaus' journey is above criticism. Winter time, which they criticize, is actually the most healthy for people going to Italy. There was absolutely no danger during the entire trip. 2 Ladislaus will never regret this journey because he saw many things that will later be useful to himself and to his subjects. In antiquity, Ulysses was praised because he knew the ways of many men and cities. 3 I believe that Ladislaus will be even more praiseworthy because although still a child he took part in great events and learnt dignified manners. The jar will long keep the fragrance of what it was once steeped in when new. 4 1 An example of the rhetorical device of irony 2 It may be noted that in his oration "Quam laetus quamque secundus" [START_REF]3 dilectior est 4 ? Quis nostro saeculo praeter hunc unum 5 favet ingeniis? Quis justior, quis liberalior, quis animo majori regnat? An solus hic ex principantibus est, qui neque secundis rebus intumescit, neque destituitur adversis? Verus fortunae domitor et nostri gloria saeculi 6 , qui non minori perseverantia Neapolim cepit, quam Graeci duces 7 Trojam 8 expugnaverunt 9 . Ostendi tibi dotem 10 meam ex paterna maternaque domo non parvam gloriam[END_REF], held on 9 March 1452 at the arrival of the imperial party in Rome, Piccolomini had said to the pope: Laboriosum periculosumque fuit hoc iter Caesari. (Caesar's travel here has been difficult and risky) (Sect. 2) 3 Homer: Odyssey, 1. 3-4 4 Horatius: Epistolae, 1.2.69-70 [START_REF]At Caesar 7 Hungaris atque Bohemis, fortibus ac 8 pugnacibus 9 viris, educare se regem norat, qui suum principem ad bella deducunt, ut Israel ad Samuelem 10 ait, 11 jurat 12 : Rex erit super nos, et erimus nos quoque sicut omnes gentes, et judicabit 13 rex noster, et egredietur 14 {62r} ante nos, et pugnabit bella nostra pro nobis. Quorum ductor, nisi dura pati ab ineunte aetate didicerit, perseverare non poterit. Levissimum est, quod isti putant gravissimum. Spartiatae 15 suos pueros publice verberibus admotis ad patientiam exercebant. Vetustiores Itali, ut est apud Virgilium 16 , natos ad flumina primum deducebant, saevoque gelu durabant et undis 17 . Et Achillem 18 puerum venationibus exercitatum 19 sub Chirone 20 magistro, silvarumque ferociores 21 bestias insecutum tradunt. Quid mirum si Romam petiit Ladislaus, non[END_REF] Our Austrians believe that the boy should be raised in feathers, in amusements and in pleasures. I think that they must have wanted to create another Sardanapalus 1 who distributed wool to little women. But the emperor knows that he is raising a king for the Hungarians and the Bohemians, strong and warlike men, who take their prince into battles, like the Isralians who said and swore to Samuel: And we also will be like all nations: and our king shall judge us, and go out before us, and fight our battles for us. 2 Unless their leader has learnt to tolerate hardships from an early age, he will not be able to endure them. But what the Austrians consider to be hard is in actually easy. The Spartans whipped their boys publicly in order to train them to be hardy. And according to Virgil, the old Italians brought their new-born sons to the rivers and hardened them with the water's cruel cold. 3 And we are told that as a child Achilles was trained, under his teacher Chiros, by hunting and pursuing the savage beasts of the forests.

So why should anybody find it strange that Ladislaus went to Rome, a city which is not outside this world, but its center? He was brought to visit the noblest place in the world, the capital of Christianity, the fortress of the empire, the glory of all countries, and the home of morals and virtue. The Austrians may not be grateful to the emperor for this, but in time to come King Ladislaus himself and the Hungarians and the Bohemians will thank him.

1 Sardanapalus: King of Assyria. In the account of Diodorus (II, 27), Sardanapalus is supposed to have lived in the 7th century BC, and he is portrayed as a decadent figure spending his life in self-indulgence 2 1. Samuel, 8, 20 3 Vergilius: Aeneis, 9.603-604: natos ad flumina primum deferimus saevoque gelu duramus et undis [START_REF]who make such false accusations against the emperor commit a crime against majesty[END_REF] Quod autem expilatam Ladislai haereditatem murmurant 1 adversantes, asportatos thesauros 2 , dilapidata 3 , impignorata bona, quis non intelligit majestatis crimen incurrere, qui falso Caesarem 4 criminantur 5 ? Apertus 6 est Alberti thesaurus et inventus integer. Nihil inde receptum est, nisi quod incolarum 7 consensu sorori 8 regis Ladislai in Saxoniam nuptae dono est datum 9 . Nil 10 ulterius alienatum, nihil 11 distractum 12 , neque impignoratum est quidquam, nisi necessitate urgente. Quis nescit Alberto vita 13 functo 14 plurimos, qui sub eo stipendia meruerunt 15 , arma movisse pluraque postea insurrexisse adversus Austriam bella? Quid 16 mirum, si pars pignori data est, ut totum servetur? Quis rem ullam 17 gubernavit publicam, qui 18 aliquando aut vendere aut hypothecare 19 vectigalia non sit coactus? At Fridericus, etsi auri pondo LXX millia his dederit, qui sub Alberto militaverunt, etsi saepius exercitus pro pace ducatus habere coactus est magnosque sumptus facere, non ut 20 avus Ladislai Albertus, Alberti pater, qui Wilhelmum, Leopoldum, Ernestum, imperatoris Friderici patrem, et Fridericum patruos sub tutela gubernans, magnam Stiriae, Carinthiae 21 ac Carniolae partem comitibus Ciliae, et in Suevia quidquid pupillorum fuit diversis et alienis gentibus impignoravit. Sed paucissima et levia principatus bona inscripsit pignori neque aliis quam indigenis 22 23 inscripsit, atque 24 his potissime, qui contra Caesarem arma sumpserunt.

1 murmurat G 2 ac add. MU 3 dilapidatam E; dilapidatos MU 4 falso Caesarem : Cesarem falso U3 5 criminatur G 6 De thesauro Alberti in marg. A 7 provincialium U1, U2, U3; terrigenarum V 8 sororis F 9 est datum : datum est V 10 nihil V 11 nil G, U1, U2, U3 12 est add. U1, U2, U3 13 vitam V 14 defuncto D, G 15 meruerant U1, U2, U3, V, MU 16 De pignoribus in marg. A 17 rem ullam : ullam rem F 18 totum add. U1 19 apothecare F 20 aut U1 21 Charintine D 22 terrigenis V 23 inscripsit pignori … indigenis omit. B, E, MU 24 at F

[58] Quod 1 si justis de 2 causis {53r} inscriptiones factae sunt, cur impugnant? Si perperam, cur 3 receperunt? Sed -ajunt -Stiriensi cuidam magistro camerae non parvum oppidum pignori datum esse. Id scilicet dolent, quia non ipsi receperunt. Justum erat, honestum, sanctum pignus, si cui 4 ex Austria fuisset inscriptum! Non damnum domino datum, sed sibi 5 subtractum queruntur lucrum. Quod si Ladislaus, postquam adoleverit, rem suam diligenter examinaverit, nullum haereditatem suam magis 6 expilasse comperiet quam plerosque ex his, qui modo suam ajunt se causam agitare.

[59] Sed jam de rebus Hungaricis ac 7 Bohemicis 8 aliquid inseramus, quas isti neglectas Caesari culpitant. Inhaerent moribus suis, jure an injuria clamitent 9 , nihil pensi habent. Quid aliud Hungari petiverunt, quid 10 Bohemi, nisi 11 Ladislaum ad se mitti? "Non est missus; male cum regnis actum 12 est." At cujus consilio negata est missio nisi Austrialium? Quaecumque vel Hungaris vel Bohemis responsa sunt data, ex Austrialium officina prodierunt. Quidquid in hac parte culpant Austriales, in sese vertant necessarium est. Verum si parvipendisset imperator res Hungaricas ac Bohemicas, parum hodie dominiorum 13 hunc 14 puerum respiceret. Neque pauci, neque impotentes fuerunt, qui 15 regna haec magno studio multisque artibus invadere conabantur, quibus Caesar et apud magnates regnorum et apud sedem apostolicam semper opposuit obiices, et nisi solers Friderici cura intervenisset, Ladislaus ipse immaturo 16 et acerbo funere raptus fuisset -tot erant, qui quaerebant animam pueri. Summus namque locus nulla non arte petitus 17 invenitur. [58] If the emperor made these pledges legitimately, why do they criticize him? And if they were made illegitimately, why did they accept them? Some claim that a certain chamberlain from Styria was granted a big city in mortgage. What pains them is that they did not get it themselves. If only an Austrian had been given the mortgage, then it would have been legitimate, honest and decent! What they complain about is not the loss to their lord, but the profit they missed. But when Ladislaus grows older and examines his possessions carefully, he will see that many of those who now claim to act in his interest are the ones who most plundered his heritage. 2.3.3.5. Hungarians and Bohemians were not slighted

[59] But let us now say something about their criticism that the Hungarian and Bohemian affairs have been neglected by the emperor. It is their custom to raise trouble, rightly or wrongly, but always thoughtlessly. For what the Hungarians and the Bohemians asked for was that Ladislaus should be sent to them. "He was not sent to them, therefore these kingdoms have been treated badly!" But it was precisely the Austrians themselves who counselled the emperor not to send Ladislaus to them. All the answers given to Hungarians and the Bohemians were crafted in the Austrian workshop. So, all the Austrian reproaches [against the emperor] in this matter fall back on themselves. And if the emperor had really neglected the affairs of Hungary and Bohemia, these dominions would today have very little concern about the boy. For many powerful men tried, with great energy and many intrigues, to usurp these realms, but the emperor has constantly opposed them in his dealings both with the magnates of the realms and the Apostolic See. And if Friedrich had not handled the matter aptly, Ladislaus would have died an early and bitter death: so many were there who wanted the boy's life. 1 For the highest place is pursued by every kind of means. 2 3 2.3.3.6. Ladislaus has not gained greater freedom and honour [START_REF]Instemus adhuc: ubi est haec utilitas regi parta? "In libertatem[END_REF] Let us pursue this issue further. What is the advantage that the Austrians have gained for their king? "He has now come into freedom and honour", they say. I really do not understand what they mean by freedom in this case. He is being ruled, he does not rule. He hears, he does not decide. He is being led, he does not lead. And that is good, for this is how things should be at his age. And that is exactly how it was at Friedrich's court! What about his honour? Before, Ladislaus was under the government of Friedrich, now he is under the rule of Count Ulrich of Cilli. The count is certainly a great prince, born of high blood, with great physical and mental strength, and a close relative of the boy. The arrangement is excellent, I do not deny it. However, Ulrich will not be angry with me if I prefer the emperor to him, and if I say that it is an even more excellent and honourable arrangement for an orphan king to be governed by of an emperor than by a count.

I shall leave aside how many of Ladislaus' funds the Austrians have spent, how many of his possessions they have squandered, and how many losses and troubles they have caused with respect to his inheritance.

[63] At 1 novitate facta bellum exortum est, bellum intestinum, bellum civile, crudele 2 , horridum.

Signa, pares aquilas, et pila minantia pilis

Fraternas 3 acies, alternaque regna profanis decertata odiis.

Filium contra patrem, fratremque fratri 4 insidiantem vidimus, rapinas, incendia, caedes et scelus omne permissum. Quae tanta 5 ex bello potest utilitas emergere, ut non belli 6 superetur incommodis?

Squalent 7 abductis 8 arva colonis, et curvae rigidum falces vertuntur in ensem 9 .

Violantur virgines 10 , matresfamilias ad stuprum rapiuntur, incestantur moniales, caeduntur liberi in complexu parentum, neque profanis parcitur neque sacris. 11 Stultum est, cum pace certa fruaris, bello et armis incertam quaerere. Extremum malorum et anceps remedium est bellum, nec viribus quamvis magnis confidere oportet. Fortuna belli semper in lubrico loco 12 est 13 et 14 dubio 15 , Martis incertae 16 vices.

1 hac V 2 Bellum crudele in marg. A 3 Austrie mala in marg. D, G 4 omit. U1 5 tamen MU 6 bellis B, E 7 scalent U1 8 adductis U1, U2 9 in ensem : ensem F 10 imagines G 11 Quid bella pariant in marg. A; Belli incommoda in marg. U3 12 omit. G 13 in lubrico … est : est in lubrico loco E, MU 14 omit. V 15 dubie U1, U2, U3, V 16 incerti U1, U2, U3, V [63] The rebellion led to war, a domestic war, a civil, cruel, and horrible war:

Standards confronted hostile standards, eagles were matched against each other, and pilum threatened pilum, 1fraternal warfare, and alternate reigns fought for in unnatural hate. 2We have seen a son plotting against his father, and a brother against his brother, and robberies, arson, murders: every crime was allowed. What advantage of war is so great that it is not surpassed by its disadvantages?

Our lands, robbed of the tillers, lie waste, and curved pruning hooks are forged into straight blades. 3Virgins are raped, mothers of families are carried off to debauchery, nuns are abused, children are killed in the embrace of their parents, and neither the holy nor secular things are spared. 4 When you have stable peace, it is really foolish to seek an uncertain peace with war and weapons. War is an extreme and doubtful remedy of evils, and even great strength should be distrusted. The fortune of war is slippery and doubtful, and the vicissitudes of Mars are unsure. 5[64] The Austrians should not boast of their success, for if they examined the matter carefully, they would not praise their own strength, but the emperor's clemency. They knew that the emperor did not lack weapons, men, horses and money; that many and great barons of Austria supported him; that the Hungarians had an armistice with him; that, except the Lord of Rosenberg, 1 the Bohemians disapproved of this conflict; and [finally], that many princes and imperial cities sided with the emperor and would not desert their lord and relative if called upon. But the emperor, abhorring civil war and not desiring to shed the blood of the people, spared the lands of his cousin. Total madness consumed Austria, but the emperor took pity on the common people, not wanting to turn the crime of a few into the ruin of many. So, although the Austrians are boasting of a great feat, they certainly cannot ascribe to their own clever designs what they should know they only got because of the emperor's moderation: he could have avenged their crimes, but he preferred to forget them.

[65] The Carthaginians either beheaded or crucified those of their generals who went into battle without the certainty of victory, even if they had been victorious, attributing their winning to the the immortal gods, and their fighting to their own temerity. 2 But this is not our concern. Though I consider that it is a great prince who conquers his enemies, I think that the one who is content with being able to conquer and who leaves the vengeance to the Lord 3 is just as praiseworthy. We are reminding you of this because it is quite clear that the Austrians, though they boast of it, rebelled not only unjustly, but also superfluously and imprudently. 1 Ulrich II. of Rosenberg [Oldřich II. z Rožmberka] (1403-1462): Bohemian noble and politician, onetime governor of Bohemia 2 Valerius Maximus, 2.7.ext. 1: Leniter hoc patres conscripti, si Carthaginiensium senatus in militiae negotiis procurandis violentiam intueri velimus; a quo duces bella pravo consilio gerentes, etiam si prospera fortuna subsecuta esset, cruci tamen suffigebantur, quod bene gesserant deorum immortalium adiutorio, quod male commiserant ipsorum culpae imputante (This action of the Conscript Fathers was mild if we care to look at the violence of the Carthaginian senate in ordering military affairs. By its command generals who mismanaged campaigns were crucified even if fortune had turned in their favour. It attributed their success to the aid of the immortal gods, their mistakes to their own fault) 3 See Romans, 12, 19 [66] Nunc quantum dedecus quantamque 1 ignominiam ab his Austria susceperit referemus, qui Caesari 2 obumbrare gloriam ingenti, insolita et inaudita contumacia 3 praesumpserunt. Idque palam fiet, si prius quantum splendoris et famae suo generi, suae familiae et Austriali terrae Fridericus attulerit, ante oculos omnium posuerimus. Quod neque longis neque taediosis, ut spero, verbis efficiam. Meo judicio neque parum honoris neque parvum 4 5 nomen 6 Austrialibus superioribus gestis suis Fridericus 7 attribuit, qui duodeviginti natus annos 8 , adeptus paternam 9 haereditatem, nullius magisterio subjectus, non, ut assolet, imberbis juvenis, tandem custode relicto 10 gaudere canibus et equis 11 et aprici gramine campi, sed Jerusalem petere ac dominicam 12 visere sepulturam 13 et terram, ubi steterunt pedes ejus, qui nos a morte redemit, exosculari decrevit. Reversus in patriam subditorum paci consuluit, infantem pupillum, orphanum Ladislaum, Hungarico discrimini subripuit. [66] Let us now talk about the great shame and ignominy that have befallen the Austrians who with immense, extraordinary and unheard of contumacy have dared to cast a shadow over the emperor's glory. This will become quite evident if we start by describing how greatly Friedrich has contributed to the splendour and fame of his house, his family and the land of Austria. It will not be lengthy or tedious. I consider that by his past deeds Friedrich has given great honour and glory to the Austrians. When he reached the age of 18, he came into possession of his paternal inheritance. Though being no longer subject to any master, he did not -as usually happens -like a beardless youth freed at last from his tutor, find joy in horses and hounds and the grass of the sunny Campus, 1 2 but decided to go to Jerusalem to visit the tomb of Our Lord and kiss the earth trodden by the one who saved us from death. Returning to his country, he negotiated a peaceful settlement for his subjects, and saved the orphaned infant, Ladislaus, from danger in Hungary. 1 i.e. Campus Martius 2 Horatius: Ars poetica, 161-162: Imberbis juvenis, tandem custode remoto, gaudet equis canibusque et aprici gramine Campi [67] Communi voto in 1 imperatorem electus, quamvis duo de Romano pontificatu contenderent 2 , ab utroque {54v} tamen rex Romanorum appellatus est. Apparatu magnifico in superiorem atque inferiorem Alamaniam profectus, Francfordiae cum electoribus convenit. In 3 Aquisgrano 4 summo favore principum civitatumque applausu coronatus Basileam 5 petiit, Burgundiam intravit, Sabaudiam invisit. Repetita domo Gunzenses 6 , qui Austriam Styriamque vexabant bello delevit. Ad unionem inde conversus ecclesiae neutralitatem, qua natio 7 Germanica non sine animarum periculo utebatur, alto consilio substulit, unde secutam unionem nullus ambigit. Nam qui apud Basilienses papatum arripuerat Amedeus 8 , spem Germanicam ubi amisit, mox Nicolao papae 9 quinto manus dedit 10 , ex ejus arbitrio leges pacis amplexus. [67] He was then elected emperor, unanimously, 1 and although at that time two men were contending for the papacy, they both named him King of the Romans. In magnificent state he went to Upper and Lower Germany and met with the [prince] electors in Frankfurt. In Aachen he was crowned 2 with the full support of princes and cities alike. He then went to Basel, entered Burgundy, and visited Savoy. When he came home, he defeated the people of Günz who had been warring against Austria and Styria. Then, turning to the matter of the unity of Church, he very wisely 3 ended the state of Neutrality 4 of the German nation, so perilous to the souls [of its people]. 5 This is undoubtedly what led to the reunion of the Church, for when Amadeus, 6 who had usurped the papacy in Basel, 7 lost hope of Germany, 8 he soon reconciled himself with Nicolaus V and accepted the conditions of peace offered by him. 1 2 February 1440 2 As King of Germany. 1442 3 "alto consilio" 4 i.e. German neutrality between the Roman pope, Nicolaus V, and the Council of Basel, with its antipope, Felix V 5 On the role of Piccolomini and particularly of his mentor, the imperial chancelor, Kasper Schlick, in this affair, see Piccolomini's oration "Si Putarem" [5] 6 I.e. Felix V 7 Piccolomini himself was a member of the council and had been an official at the conciliar conclave which elected the antipope 8 I.e. of the Germans abandoning neutrality and joining his own cause [68] Ex hinc quamvis Italia duas in 1 partes scissa saevis divisionibus quateretur, sic eo profectus est, ut nulli parti suspectus haberetur, sed 2 honores utrimque maximos reportavit, certantibus Italis utra 3 pars novellum Caesarem magnificentius admitteret. Libet hic paululum immorari, ut intelligant, non Austriales tantum, sed omnes Theutones, quos genti suaeque nationi 4 titulos Fridericus acquisiverit. Exceptus est in Italia Caesaris adventus ab omnibus principibus, civitatibus, populis incredibili honore atque amore. Nihil relinquebatur, quod ad ornatum portarum, itinerum locorumque omnium, qua Caesar transiturus erat 56 , excogitari posset. Multitudo patrum cum liberis et omni familia obviam procedebat 7 . Sacrificia pro salute sua ubique fiebant. Tricliniis stratis omnia fora, templa tectaque domorum occupabant, ut vel 8 expectatissimi triumphi laetitia percipi posset. Ad placandum 9 magnificandumque suum principem opulentiores magnificentia, tenuiores cupiditate certabant. In hoc transitu Caesareo et 10 coronatione 11 Romae 12 celebrata 13 , nihil est solitae sollemnitatis omissum, sed accesserunt multa, quae rem amplius atque amplius illustrarunt. Quietus ac 14 pacificus transitus 15 [68] Later, though Italy was divided between two parties 1 and torn asunder by its internal conflicts, the emperor proceeded in such a manner that none of the parties feared him, and he received great honours from both sides. Indeed, the Italians vied with each other in giving the most magnificent welcome to the new emperor. It is appropriate to dwell on this point so that not only the Austrians, but all Germans may appreciate the great titles that Friedrich acquired on behalf of his people and nation. In Italy all princes, cities and peoples received the emperor with incredible honour and love. 2 Everything was done to embellish all gates, routes and places through which the emperor was to pass. Everywhere a multitude of fathers with their sons and all their family came to greet him. Everywhere masses were celebrated for his wellfare. Banquet halls 3 were erected on all squares, and people flocked to the temples and massed on the roofs in order to enjoy his much-awaited triumphal entry. Wealthy people competed in pleasing and praising their prince with magnificence and the less wealthy with enthusiasm. 4 During this imperial progress and the coronation in Rome, none of the usual solemn rites was omitted, and many were even added that gave greater splendour to the event. The progress was peaceful and tranquil, and though many different peoples and nations were represented, nobody lost their lives through fights or disease. Everywhere expenses were covered by the local authorities -and generously so. 1 Piccolomini probably refers to the Guelphs and the Ghibellines, and to the Milan/Naples alliance against Venice/Florence/the Papal States 2 Partly thanks to the ambassadorial efforts of Piccolomini himself who had prepared the emperor's progress in Italy, obtaining safeconducts from the states through which he had to pass [START_REF]regionis, ubi gentis honor confunditur, ubi 4 gloria communitatis retunditur? Neque utilitas honoris[END_REF] But when everybody else had honoured Friedrich, he came unto his own: and his own received him not. 1 Though Friedrich returned from Italy as a triumphator who had increased the glory of Germany, the honour of Austria and the nobility of his family, the Austrians received him with evil words and evil deeds, endeavouring to destroy all the glory of their country. But what benefit is there for a country and what advantage for a region where the honour of the people is besmirched, and the common glory pales? There can be no benefit without honour, and no honour without benefit.

[73] If Austria could speak, 2 she would call these men 3 ungrateful sons and rebuke them thus: "Why, stupid men, do you persecute your prince, who has kept you in peace at home and in honour abroad? Before this time, four of my sons ruled the Roman Empire, Rudolf 4 , Albrecht 5 , Friedrich 6 and the second Albrecht 7 . None of them was crowned in Rome, none of them went to Italy. Only this one has brought me and you the honour of an [imperial] coronation. But you seem to consider good deeds as bad, and you keep neither the peace nor the oath to your prince. The glory that has accrued to me, to your princes and to your sons, you throw away. My name that Friedrich had made illustrious in the whole world you have sullied. And you have caused a conflagration -both for me and yourself: I do not know when you will be able to extinguish it. If I had not given birth to you, 8 all the peoples around us would have admired me and called me blessed, enjoying immense praise and a secure peace." Thus Austria would have rebuked her sons if she had been able to speak. But at some future time, Ladislaus will not be less outspoken, and neither will Albrecht 9 nor Sigismund 10 , dukes of Austria, men of singular virtue, be silent, for they share both the honour and shame of Austria with Friedrich, as they also share both fame and infamy. 1 John, 1, 11. In the gospel these words refer to Christ 2 In a number of cases, Piccolomini uses the rhetorical ploy of letting some supreme authority speak on his behalf, like God (Si putarem), or the Church (Audivi), or Austria as here (the rhetorical device of personification, see Collected orations of Pope Pius II, sect. 7.9.1. [START_REF]manibus pessumdetur 11 : illam quippe nostri majores, veteres 12 sanctique Christiani semper magnopere venerati sunt[END_REF] But you who are here today, you princes of Germany, you noble lords, you illustrious race, you exalted people, you I challenge! What can you say, I ask? Do you really think that the Austrians should be praised for endeavoring to spurn and ruin your lord? When the Apostolic See bestowed the empire on you, it set your nation above all others. Beware, I beg you, not to lose this eminent position. You will easily keep the empire if you behave as you did when you acquired it, 1 but if you do the opposite, you lose it. It is your task to ensure that this great majesty is not slighted by your people. The Austrians are part of you. If they shame the emperor, the blame falls back on you. The empire cannot be slighted without dishonour to yourselves. When high authority 2 is scorned, it ceases to exist. In the short run, imperial rule cannot perish, since it has been sanctioned by the words of Christ, and because it is supported by the prayers of the whole Church: it can, however, be transferred to others. 3 It is very much in your own interest to ensure that the imperial office, so highly revered by our forefathers, the holy Christians of old, does not founder before your eyes and while it is in your hands. [START_REF]Et quamvis essent gentiles ab initio nascentis ecclesiae Caesares, tamen pro salute imperatorum sine intermissione preces ad Deum fundebant. Quod si mihi non creditur[END_REF] Even when the emperors were pagan, in the early period when the Church was born, Christians prayed continuously for their prosperity. If you do not believe me, I call on Tertullian as witness of truth: Without ceasing, he said, for all our emperors we offer prayer. We pray for life prolonged; for security to the empire; for protection to the imperial house; for brave armies, a faithful senate, a virtuous people, the world at rest. 4 Later he adds: There is also another and a greater necessity for our offering prayer on behalf of the emperors, nay, for the complete stability of the empire, and for Roman interests in general. For we know that a mighty shock impending over the whole Earth -in fact, the very end of all things threatening dreadful woes -is only retarded by the continued existence of the Roman empire. We have no desire, then, to be overtaken by these dire events; and in praying that their coming may be delayed, we are lending our aid to Rome's duration." 51 Sallustius: Bellum Catilinae, 1.2.4 2 "dignitas" 3 A veiled threat by Piccolomini, however completely unrealistic! 4 Tertullianius: Liber apologeticus, 30. Translation quoted after the Christian Classics Ethereal Library 5 Ibid., 32 [START_REF]At 1 Austriales, ut eo redeam ex quo 2 sum digressus, spreto salvatore 3 , qui reddi Caesari[END_REF] But, returning to the point from where I digressed: by daring to scorn Emperor Friedrich, born of Austria, and attacking him with arms, the Austrians have spurned Our Saviour who gave us this command: Render therefore to Caesar the things that are Caesar's; 1 they have shown contempt of Peter who bade us honour the king; 2 they have ignored Paul who wanted every soul to be subject to higher powers; 3 they have rejected Augustine who said that there is a general pact of human society to obey its king; 4 they have discarded the laws which say that the emperor is the lord of the world; and they have derided the canons which set the Roman Emperor above all princes and kings. In doing so, they have neither benefited their lords, as we have shown, nor themselves nor their country, but have earned contempt, disgrace, shame and perpetual infamy not only for the present generation, but also for posterity. I have now said enough concerning the interests of their lord. [START_REF]Quarto jam loco regis se dignitas 1 offert, qua nostri adversantes contra Caesarem sese muniunt[END_REF] Fourthly, there is the matter of the King's dignity which our adversaries use as a weapon against the emperor. They say that "it was against the law of peoples for the emperor to keep our prince under guardianship, for the prince is not only Duke of Austria, but he is also King of Hungary and Bohemia. These great and powerful kingdoms are his. Someone who has been crowned as king should not be subject to guardians or supervisors. We have statements from Bologna, Padua and other Italian universities to the effect that it is unlawful for the emperor to act as guardian of a crowned king, and lawful for the Austrians to end the unlawful guardianship through a just war." But if this argument is valid, then it favours the Hungarians and the Bohemians, not the Austrians. For the Austrians are subject to a duke, it is the others who are subject to a king. And though the duke and the king is the same person, it is only the rights of Ladislaus as duke that are relevant for the Austrians. If the Austrians were asked to take up arms against the Poles or other people laying waste to Hungary, they would say that they had no obligation to do that. It is not really necessary to reply to this argument since it does not support the claims of our opponents. But even so, let us also destroy this arrow so that they will not flatter themselves. 1And the Hungarian nobles will not get angry at me though I argue against them, for even if they must be favoured as a powerful and glorious kingdom, devoted to the Apostolic See and an adamantine shield of the Christian religion2 , truth must be upheld. I say nothing about the Bohemians, as this conflict does not concern them at all. [START_REF]ex Italia consilia sive reponsa prudentum. Non parvipendimus viros doctos, neque scholarum gravibus judiciis derogamus. Viderint, qui recipiunt, et qui dant consilia, ne fallantur aut 1 fallant. Nos Paulum 2 apostolum, vas electionis, doctorem gentium, veritatis magistrum sequimur. Verba ejus haec sunt: Quanto 3 tempore haeres 4 parvulus est, nihil differt a servo, cum sit dominus universorum, sed sub tutoribus et actoribus 5 est usque ad praefinitum 6 tempus a patre. Quod de patre dicitur, hoc de lege seu consuetudine intelligitur, si testamentum desit[END_REF] We do not know what counsels and responses the Austrians have received from experts in Italy. Certainly, we do not belittle learned men, nor do we disparage the weighty judgments of the universities. But let those who receive and those who give counsel take care not to be deceived or to deceive. We, on our part, follow the Apostle Paul, the vessel of election, 1 the doctor of the peoples, the teacher of truth, who says: As long as the heir is a child, he differeth nothing from a servant, though he be lord of all, But is under tutors and governors until the time appointed by the father. 2 What is said about the father also applies to law or custom, if there is no testament. The apostle does not distinguish between child kings and other children, so neither should we. In this age, too, there are doctors who state that orphan kings and princes should be given guardians, i.e. Bartolo of Perugia 3 , Nicccolò of Palermo 4 , Giovanni of Imola 5 and Antonio of Budrio 6 . Bartolo even says that the higher the rank of the orphan prince, the higher should be the rank of the guardian. This is quite sensible, for the greater, the higher and the more excellent the person of the orphan, the greater should be the care taken of him. It is advantageous for orphans to have guardians, but guardianship is such a burden on the guardian that some people may be excused from it. No law sanctions that orphans, be they dukes or kings, crowned or uncrowned, should not be subject to a guardian. [START_REF]4 Bohemia novitates 5 . Quis aut regnicolis aut in regnis curam pueri committendam suasit? Fuit Austrialium quidem semper adversa sententia[END_REF] Also in our own time, we see royal orphans under the guardianship of their relatives, whether we consider the customs of Spain, France or England.

Dignity of King Ladislaus

The Count Palatine1 , who is a duke of Bavaria and prince elector, equal to kings in dignity and power, is today under the guardianship of his uncle. 2Some concede this on the condition that the guardians are from or in the kingdom itself, for they do not accept an orphan king to be governed from outside the kingdom or by people who are not subjects of the kingdom. However, the wise adapt all matters to the given situation, 3 or to reason, or to necessity. Everybody knows about the turmoils reigning in Hungary and Bohemia until now. 4Who would have argued for entrusting the care of the boy to subjects of these kingdoms or for him to be kept there? The Austrians, certainly, were always against it, and neither the authority of the law nor the observance of customs would demand it. [START_REF]Cato 4 , qui hunc rigorem tradit. Unde ista sapientia? Iterum 5 Prometheus ex sinu Minervae novum furatus est ignem[END_REF] What the Austrians say about the crown is ridiculous and does not merit to be refuted. When Ladislaus received the crown, he was not only a child, he was a newborn baby, just baptized. The crown bestowed neither age, nor speech nor discernment on the orphan boy. What foolishness is this? What barbarity? What primitivity? Should the fact of being crowned exempt an orphan king from guardianship? Where do these new rules come from? Whoever shows such rigidity has fallen from the skies as a third Cato. 1 Where does this wisdom come from? Once again a Prometheus 2 has stolen fire from the bosom of Minerva. 3 A new Solon has given new laws. 4 I would support the claim that a king should not be crowned as a minor, for rulers 5 are called rulers because they actually rule. To call someone a king when he does not govern, but is being governed by others, is inappropriate. And it is madness to claim that a crowned infant does not need guardianship. It is of no importance that we read in the Books of Kings that this or that king began to reign when he was underage, for this does not mean they were not under guardianship. Their years are counted from the death of the father, and he is considered to reign in whose name things are done, though he does not rule in person, as king, but is himself being ruled. This is what happened in the case of Joas 6 who took over the rulership when he was seven years old and who governed well. But he did not rule personally; it was his guardians and governors who ruled.

1 Juvenalis: Satirae, 2.40: tertius e caelo cecidit Cato 2 Prometheus: (Greek myth.) A Titan who sided with Zeus and the ascending Olympian gods in the vast cosmological struggle against Kronos and the other Titans. He later stole the fire from Olympus to help mankind 3 Minerva: (Roman myth.) Goddess of wisdom and sponsor of arts, trade and strategy. Later equated her with the Greek goddess Athena 4 Solon (638-558 BC): Athenian statesman, lawmaker, and poet 5 "reges" 6 Joas [Jehoash]: (fl. ca. 800 BC): (Bibl.) The eighth king of Judah [START_REF] Gubernatores | et gubernatione 6 regnorum judicatus 7 est dignus. Nunc apud comitem si 8 quis voluntatem ejus 9 habuerit, nisi comes et qui primores cum eo 10 sunt 11 assensum dederint, non est voluntas[END_REF] Otherwise, we could say with the Scripture: Woe to thee, O land, when thy king is a child. 1 And Isaiah 2 used this threat: He will give children to be their prince. 3 When the laws forbid surrendering to children the management of their own property, only a fool would entrust the state to them. Maybe I am dwelling too much on something known to all, but how can one stay silent on this? 4 When Ladislaus was with the emperor, he showed intelligence and wisdom, and he was considered able to govern kingdoms. Now that he is with the count, 5 he can do nothing without the assent of the count and the magnates in his company. 6 "He is a boy," they say, "he does not know his own best interests. It is the same as with all other [children]." This is really bad! Everybody else grows older, but Ladislaus grows younger all the time. He grew up at the emperor's court, but now, at the eount's, he is considered to be a baby! But he is both a king and crowned [you said]: then why do you give him supervisors? Your actions show that you are lying. "We do not give him supervisors, but tutors," they say. So, now it is matter of words, not of facts! [By all means,] be victorious and take your vainglory with you. Enjoy the applause of the common people. We, on our part, will obtain judgment from serious men and from Great God: an orphan, be he ever so great a king, needs guardians. 1 Ecclesiastes, 10, 16 2 Isaiah: (Bibl.) Prophet who lived around the time of 8th-century BC in the Kingdom of Judah 3 Isaiah, 3, 4. NB: The Vulgate has "dabo" (I will give), not "dabit" (He will give) 4 I.e. in the face of the preposterous claims of the adversaries 5 Count Ulrich of Cilli 6 "voluntas"

[84] Atque sic quattuor causas, Austrialibus quae videbantur adversus Caesaream majestatem praebere colorem, et futiles et inanes ac 1 derisione dignas esse liquet 2 , quando nec testamento juvare se possunt neque 3 pactionibus 4 , neque verum est eos sui domini aut patriae utilitatem promovisse 5 , nec domini 6 7 dignitas adjumentum praestabat 8 , ut pupilli regis tutelam evertere possent 9 . Iniquam 10 causam igitur 11 promovebant. Iniqui erant, injusti, indigni favore, digni odio. Bene igitur, qui male agunt, summi sacerdotis baculo cohibentur. [START_REF]ambitus occupavit, etiam si moribus atque actibus non offendit, ipsius tamen initii sui est perniciosus exemplo, et vix bono peraguntur exitu[END_REF] But even if the emperor had been completely unjust towards the Austrians, as our adversaries are babbling, they could not legitimately go to war. They went to war without cognizance, without authority, without a prince. Who declared the war? Who lent his authority? There are four princes of Austria. 1 One they fought against. None of the other three issued a decree in support of it. This affair is a bad example, full of danger and leading to unrest. The people took up arms against their lord, the people resisted their prince. But if is permissible to act through rebellion, what prince will be safe? What state can subsist? Who does not know that a war is unjust if it has not been sanctioned by princely authority? There is a well-known statement of Augustine against the Manicheans: The natural order which seeks the peace of mankind, ordains that the monarch should have the power of undertaking war if he thinks it. 2 So, those who take arms without a mandate from their superior and without a command from their prince do not merit the rewards of war, but the punishment of robbers and murderers. And let nobody bring forward Ulrich 3 or any other leader of a faction as acting in the name of a prince having the authority to declare war. For, as Leo writes: For even if it does not offend in terms of morals and behaviour, a princely power that has been taken over by rebellion, as in the present case, or because of ambition, is a bad example because of its beginning, and rarely do things end well that begin badly. [86] Quod si replicent Austriales "Oppressi fuimus injuste 1 , princeps 2 noster et puer et captivus erat. Ceteri domus 3 Austriae principes 4 nolebant manus apponere, nonne potuimus jura domini nostri, quae verbis non 5 dabantur, armis vendicare? An propterea peribit respublica, quia princeps aut deest aut negligit?" Confundunt sese verbis suis. Cur enim ceteri principes nolebant manus apponere 6 , nisi quia rem esse injustam intelligebant? Ceterum numquid poterant Austriales, priusquam arma sumerent summo pontifici querimoniam facere ac justitiam petere, aut alios hortari Germaniae principes, qui jus suum audirent, et quae 7 sana essent, imperatori consulerent 8 ? Aut juris viam coram papa Caesar 9 amplexus fuisset, aut aliorum principum 10 suasibus 11 auscultasset. Aut si neutrum fecisset 12 , excusationem aliquam et apud Deum et apud homines Austrialibus reliquisset. At illi ne 13 utique veriti dominorum fallere dextras, sine fide, sine pietate, sine pudore, sine cura juris, nullius auctoritate, sed propria temeritate sumentes arma suum principem ex tutela sui principis excluserunt. Adversus quos missam Romani pontificis admonitionem ex eo capite, quia 14 bene agentes visa sit impedire, neque juste 15 [86] If the Austrians reply that "we were oppressed unjustly. Our prince was a boy held in captivity. The other Austrian princes would not help us. Could we not then vindicate the rights of our lord by arms since we could not secure them by words? Should a state perish because its prince is absent or neglectful?" Their own words speak against them. The other princes would not help them because they saw that their cause was unjust. And why could the Austrians not, before taking arms, submit their complaint to the Supreme Pontiff and ask for justice, or why did they not ask the other German princes to hear their just cause and give sound advice to the emperor? The emperor would either have accepted a judicial procedure before the pope, or he would have listened to the arguments of the other princes. Had he done none of these, he would have given the Austrians a [legitimate] excuse before God and men. But these people did not fear betraying their lords: without loyalty, without piety, without shame, without respect for the law1 they took up arms, not on the authority of [a legitimate superior], but on their own reckless initiative, and they forcibly removed their prince2 from his own prince's guardianship. 3I believe I have now sufficiently demonstrated that the Austrians have neither justly refuted nor properly rejected the admonition sent to them by the Roman Pontiff, because they opposed those who were acting well.

[87] Quibus ex rebus, velut 1 ex asperrimis scopulis tempestuosoque mari navis 2 educta, jam quietior et securior ad tertium membrum 3 navigabit oratio. In eo, si rite 4 memini aut si bene audivi, hoc papae imputant adversantes, quod se 5 neque auditis neque vocatis grave monitorium, durum, asperum adversus eos emissum 6 sit 7 8 . Proh, qualis iniquitas, qualis insolentia, qualis arrogantia! Spoliarunt inferiores superiorem, subditi principem, servi dominum, filii patrem inauditum, invocatum. 9 Sine judice, sine juris ordine, nullo cognoscente, sine culpa, sine causa, sine modo invaserunt armati principatum, expugnaverunt arces, exegerunt 10 vectigalia, legerunt magistratus, judicaverunt 11 sanguinem, curiam occupaverunt, judices ordinarios abjecerunt 12 , et audent dicere: Non sumus auditi 13 . Lex Christi, lex evangelica, ubi est: Quod vobis non vultis fieri, alteri ne 14 feceritis. Si aures habent, sic 15

Papal monitorium is lawful

[87] Like a ship that is brought away from ragged cliffs and a stormy sea, my oration will now tranquilly and safely move towards its third part. If I remember correctly and have heard it rightly, our adversaries accuse the pope of having issued a strict, hard and severe monitorium against them without having heard or summoned them. Oh, what iniquity, what insolence, what arrogance! 1 Inferiors despoiled their superior, subjects their prince, servants their lord, sons their father. Without hearing, without summons, without judge, without legal procedure, without judicial investigation, without reason, without cause and without restraint they invaded the principality with weapons in hand, conquered fortresses, collected taxes, appointed magistrates, judged capital cases, occupied the court, repelled the ordinary judges. 2 And still they dare to say: "We have not been heard." Where is the law of Christ, the law of the gospel that says: What you would not that men should do to you, do not do to them. 3 If they have ears, this is what the master commands. In Luke, the Lords say: For with the same measure that you shall mete withal, it shall be measured to you again. 4 Did they reject their prince without a hearing? Then they shall themselves be condemned without a hearing. Did they sin without reason? Then they shall be punished with reason. They who judge their innocent prince shall suffer they pope's sentence. The disciple is not above his master. 5 Let them forgive: and they shall be forgiven. 6 Let them not condemn, and they shall not be condemned. 7 They shall be judged with the same judgement with which they judge others. And they shall not impose upon others a law that they do not observe themselves. No one who breaks the law is worthy of being helped by it. 8 So, let them stop saying: "We have not been heard." For it is quite just that those who do not give a hearing should not have one themselves. 1 An example of the claasical rhetorical device of exclamatio 2 An example of the classical rhetorical device of accumulatio 3 Matthew, 7, 12; Luke, 6, 31 4 Luke, 6, 38 5 Luke, 6, 40 6 Luke, 6, 37 7 Luke, 6, 37 8 Legal axiom, also used in the oration "Si putarem"

[88] Sed neque hoc admittimus, quod denegata praedicant audientia. Miserunt enim plures nuntios Romam, qui pontifici maximo omnes rationes, quibus moti fuerant adversus Caesarem, aperuerunt exposueruntque supradictas omnes causas, et alia multa dixerunt. Judicavit autem papa non esse fundamentum, quod afferebatur, sufficiens motosque leviter Austriales. Quos si ratione usos agnovisset, non solum eorum propositum non impedivisset, sed etiam adjuvisset, quia1 nihil ab illa sede solet exire non justum.

[88] But actually we do not admit their claims of having been denied a hearing. For they sent many envoys to Rome who related all their reasons for moving against the emperor, explained the abovementioned issues, and said many other things to the Supreme Pontiff. But the pope judged that their motives, as explained, were not sufficient and that the Austrians had acted without reasonable cause. 1 Had he seen that they acted with good reason, he would not only not have restrained their endeavours, he would even have assisted them. For nothing unjust comes from that see.

[89] Moreover, the Austrians know very well that they sent orators to Rome and that they were heard at a consistory where they said all they wanted. But they say that the monitorium had already been issued by the Curia before the orators arrived. This we admit, one should not deny the truth. However, the monitorium had not yet been formally communicated or published. So, as it was still confidential, it did not hurt the Austrians. If the orators had shown sufficient cause and proven the legitimacy of the Austrian actions, the Roman Pontiff would not have allowed the execution of the monitorium, but would have recalled it, annulled it or, following usual practice, decided to issue a legal summons. But these orators said no more than the previous envoys excepting claims that the matter fell outside papal jurisdiction and threats of a scandal if the monitorium came into effect.

[90] But Pope Nicolaus, a father of great and excellent intellect and endowed with all the good disciplines, having searched, investigated and pondered a number of old and new writings, and after mature and thorough reflection, proved that this matter pertained to his tribunal and added the words of Gregory the Great who wrote, in his commentary on Ezekiel: It is better to allow scandal than to desert truth. 1 The pope offered to adjudicate in the matter of Emperor Friedrich, if the Austrians wanted to pursue the matter legally. When the legates declined this, the pope allowed the monitorium to published, since by then the case had been investigated and was thoroughly understood. Whether it was published lawfully is not up for discussion here.

[91] But I hear people grumbling! Their buzz has reached my ears, and I perceive that our adversaries will be saying something like this: "Nobody should be condemned prior to a true and just judgment. For when omnipotent and all-seeing God heard of the crimes of the Sodomites1 , he said -in order to restrain us from making hasty judgments: I will go down and see whether they have done according to the cry that is come to me; or whether it be not so, that I may know. 2 But if this authoritative statement3 is understood correctly, it actually agrees with the monitorium and does not contradict it. For God does not want to pass judgment unless he sees that the Sodomites persist in clinging to evil. In the same way, Pope Nicolaus refuses to condemn the Austrians unless he sees that they stubbornly maintain their present course. Therefore, as if descending to see for himself if they persist, he sends a monitorium to the Austrians just as God sent an angel to the Sodomites. He insists that within 40 days the Austrians must give up what they had unrightfully appropriated over and restore what they had taken from the emperor. Unless they do so, he threatens them with a judgment. Scripture provides another related and completely similar example: when the city of the Ninivites4 had sinned and clamours of their evil had reached the Lord, he sent the Prophet Jonah to tell them that Nineveh would be destroyed in 40 days unless they did penance.

[92] Eadem vox monitorii est: Adhuc XL dies et Austriales nominatim descripti subvertentur 1 , idest excommunicationis 2 gladio 3 ferientur 4 , si Sodomitarum magis 5 obstinationem quam Ninivitarum voluerint imitari correctionem. Utrum 6 autem excommunicationis 7 vis 8 insit 9 , ex 10 habita notitia pendet, quem locum modo praeterimus. Adjiciam 11 alia propter adversantes, qui docti videri magis quam esse cupiunt. Sciunt 12 juris interpretes in his, quae notoria 13 sunt facti permanentis 14 [92] The monitorium says the same: In 40 days the Austrians named directly will be destroyed, that is they will be struck with the sword of excommunication, in case they prefer to imitate the obstinacy of the Sodomites rather than the conversion 1 of the Ninivites. Whether the excommunication will become effective depends on whether the people concerned have been informed of the monitorium, but this issue is not for now. I shall add a couple of other things for the sake of our adversaries, who would rather appear to be learned than actually to be learned. Jurists know that in the case of a notorious permanent fact there is no need for an ordinary legal procedure nor for a formal accusation or summons. For the Apostle Paul excluded a Corinthian from the community of brethren and without hesitation gave him over -though he was absent and had not been heard -to bodily destruction because he had publicly taken his stepmother for a wife. 2 Why did Paul not summon the man? Why did he not hear witnesses? Because, says Ambrose, the crime could in no way be covered up. 3 Who will accuse the pope when he imitates the holy apostle: his merits may be smaller than Paul's, but his authority is just as great as Paul's. 4 Just as Paul did not grant time for amends to the Corinthian, thus Nicolaus did not grant it to the Austrians. Notorious was the crime of the Corinthian, and notorious was the transgression of the Austrians. What Paul could rightfully do, Nicolaus could do too: the notorious transgression did not require legal summons or legal brawl.

1 "correctio" 2 1. Corinthians, 5, 1-5 3 Decretum, C.2.17 (col. 445) 4 As the pope is the vicar of Christ himself. Traditional formula supporting the claim of papal supremacy

[93] Notorium 1 autem facti ajunt doctores esse, cujus evidentia probabiliter negari non potest. Negari {59v} autem simpliciter omnia possunt, nam plerique Dei majestatem et inferos et animas immortales negant, ut Epicuri 2 in fortunae qui casibus omnia ponunt, et nullo credunt mundum rectore moveri, natura volvente vices et lucis et 3 anni.

At cum factum negari probabiliter nequit, id volunt esse notorium. Est igitur et in casu nostro notorium 4 , at super notorio facto monitorium est emissum. Quoenim pacto negari potest facti 5 narratio, quam monitorium continet? Libet hoc ipsum prosequi.

[94] Praebete, obsecro, aures, magnanimi atque optimi principes ac doctissimi et sacerrimi 6 patres. Evidentiam facti ante oculos ponam. Narratur in monitorio Ladislaum Alberti filium pupillum esse. Negent, si possunt, Austriales. Narratur consuetudinem domus Austriae pupillorum principum 7 tutelam seniori et 8 proximiori familiae principi ex antiquo mandare 9 . Negent, si possunt, Austriales. Narratur Fridericum Caesarem majorem esse domus Austriae, proximiorem Ladislao ex familia principem. Negent, si possunt, Austriales. Narratur eum annis XI et amplius tutelam gessisse Ladislai ac ducatum Austriae gubernasse. Negent, si possunt, Austriales. Narratur eumdem quoque, dum se itineri accingeret imperialem coronam Romae 10 petiturus, in possessione vel quasi administrationis 11 tutelae in Austria fuisse. Negent, si possunt, Austriales. Narratur Austriales quosdam, dum Caesar iter ad urbem continuaret 12 , fecisse mutationem, spoliasse illum administratione ducatus, arma sumpsisse, expugnasse arces, vectigalia exegisse, curiam, forum, judicia invasisse. Negent, si possunt, Austriales. [93] The doctors say that a notorious fact is one whose evidence cannot be plausibly denied. Of course, everything may simply be denied. (For example many, like the Epicureans, 1 2 deny the majesty of God, [the existence of] hell, and the immortality of souls: they hold that that all things are subject to the chances of Fortune, and believe that the world has no governor to move it, but that Nature rolls along the changes of day and year. 3 ) But the doctors maintain that when a fact cannot plausibly be denied, then it is notorious. Thus in the present case there is a notorious fact, and a monitorium has been issued concerning this notorious fact. For how can the statement of the facts contained in the monitorium be denied? Let us look closer into this matter.

[94] Hear, I ask you, magnanimous and excellent princes and learned and holy fathers: I shall put the evidence before your eyes. In the monitorium it is stated that Ladislaus is the orphan son of Albrecht. Let the Austrians deny that if they can. It is stated that it is the old custom of the House of Austria to entrust the guardianship of orphan princes to a senior and closely related prince in the family. Let the Austrians deny that if they can. It is stated that Emperor Friedrich is the head of the House of Austria and the prince who is the closest relative of Ladislaus. Let the Austrians deny that if they can. It is stated that Friedrich has exercised guardianship over Ladislaus and governed the Duchy of Austria for more than eleven years. Let the Austrians deny that if they can. It is stated that when Friedrich was preparing to go Rome to be crowned as emperor, he was for all practical purposes in actual possession of the administration of Austria. 4 Let the Austrians deny that if they can. It is stated that while the emperor was travelling to Rome, some Austrians rebelled, deprived him of the administration of the duchy, took up weapons, conquered fortresses, exacted taxes and seized the government building, the place of assembly, and the law courts. Let the Austrians deny that if they can.

1 Epicureanism: A system of philosophy based upon the teachings of the ancient Greek philosopher Epicurus, founded around 307 BC. Epicurus was an atomic materialist, following in the steps of Democritus. His materialism led him to a general attack on superstition and divine intervention. Epicurus believed that what he called "pleasure" is the greatest good, but the way to attain such pleasure is to live modestly and to gain knowledge 2 "Epicuri" 3 Juvenalis: Satirae, 13.86-88 4 As Ladislaus' guardian [95] Hisce in rebus fundatum est monitorium. Si falsa sunt haec, si negari, si ulla celari tergiversatione 1 possunt, damnamus et nos etiam monitorium. At si legati fassi 2 sunt haec 3 , si vicini omnia norunt, si manet adhuc spolium, si evidens est omnibus, quod narratur, si sunt aperta, manifesta, liquida, notoria, quae monitorium continet, quis papam arguere potest, si concedit imperatori, quod obscuro cuivis homini negari non potest 4 ? Saepe cancellaria privatis personis similia mandata concedit, saepe civitates, saepe provinciae, saepe regna minoribus de causis novimus interdicta. Quis apostolicae sedis praesidium quaeret 5 , quis erit usquam tutus, si propter scandalum evitandum justitia denegetur imperatori? Sixtus 6 , ut in decretis habetur, ad 7 episcopos Hispaniae persimile monitorium direxit. Mandat enim res ablatas, ut quibusdam aliis episcopis restituant 8 ; et adjiciens comminationem 9 ait: Si non vultis et vos et principes vestri a collegio nostro 10 et membris ecclesiae separari. Non ergo insolitum papae 11 {60r} monitorium, non injustum, non durum, sed usitatum, sed aequum, sed mitissimum; nec 12 ferit quemquam 13 nisi qui post XL dies, spreta censura apostolica, sua negligentia, sua culpa se jugulat. Sic ergo tria, quae ab initio adversus adversarios ostendere promisimus, impleta sunt, trisque 14 ipsorum 15 objectiones evertimus 16 , quas apostolico monitorio imputabant: [95] The monitorium is based on these facts. If they are false, if they can be denied, if they can be somehow circumvented, then we too reject the monitorium. But if the [Austrian] legates have admitted them, if the neighbours know them all, if there still remains any spoils, 1 if what is told is evident to all, and if the facts mentioned in the monitorium are public, manifest, clear and notorious, then who can criticise the pope for granting the emperor something that cannot be denied even to lowly and undistinguished persons? Chanceries often issue similar orders to private persons, and we know that often prohibitions have been 2 sent to cities, provinces and kingdoms even in small matters. Who will seek the protection of the Apostolic See, who will ever be safe if justice is denied the emperor in order to avoid scandal? In the Decrees 3 it is stated that Sixtus 4 sent a very similar monitorium to some Spanish bishops commanding them to restore certain properties to some other bishops. He adds the threat: … if you do not wish that you and your princes be separated from communion with us and the members of the Church. 5 Therefore, the papal monitorium is neither unusual, nor unjust, nor hard, but lenient, normal, reasonable and mild. It only strikes those who by disregarding the apostolic censures after forty days incur destruction through their own negligence and fault.

As promised in the beginning, we have now completed our argumentation against the adversaries concerning the three issues, and we have defeated their three objections against the apostolic monitorium:

1 I.e. robbed properties which have not been restored to the Emperor 2 Or: have been placed under interdict 3 The Decretum Gratiani 4 Sixtus II (d. 258): Pope from 257 to his death 5 Decretum, C.9.3.19 (col. 611). Sixtus Papa II Ispaniorum Episcopis (ep. I, c. 4). Decretals of Pseudo-Isidore

[96] Nam cum crederent illud de rebus apostolicae sedi minime pertinentibus emissum 1 agere 2 , ostendimus 3 litem, quam Caesar adversus Austriales habet, Romani tribunalis examini non solum ex plenitudine 4 potestatis, sed ex communi etiam jure pertinuisse. Cum dicerent 5 monitorium adversus res justas et utiles emanasse, iniquis et inutilibus obviare 6 illud conatibus voluisse monstravimus 7 . Cum praedicarent monitorium contra inauditos emissum non obligare, et auditos 8 Austriales fuisse docuimus, etsi audientia defuisset 9 , censuras nihilominus in rebus notoriis habuisse vigorem. Ac tantum ad objecta compellationesque probrosas atque adversantium 10 latratus respondisse sufficiat. [96] They have claimed that the monitorium, which had been issued, concerned matters that in no way pertained to the Apostolic See, but we have shown that the emperor's conflict with the Austrians actually does pertain to the Roman tribunal not only by virtue of [the pope's] plenitude of power, but also by virtue of common law. They claimed that the monitorium was issued against a cause, which was just and legitimate, but we have shown that it is intended to obviate the Austrians' evil and illegitimate endeavours. They claimed that a monitorium issued against persons who had not been heard was not binding, but we have shown that the Austrians have indeed been heard, and that -even if they had not been -censures in matters of public notoriety are valid.

We need say no more against the objections and shameful ravings against the monitorium and the bawling of our adversaries.

[97] In praesentiarum vero, quoniam injuste Austriales Romanum pontificem criminati sunt, haud aegre ferre debebunt, si nos eos juste accusabimus, ostendentes illos, qui Romanum imperium enormi laeserunt vulnere, sedem quoque apostolicam 1 percutere voluisse, ut qui totius monarchiae gloriam majestatemque persequuntur, quorum gesta, etsi bono consilio coepta fuissent, tamen, quia Romanus pontifex prohibebat, aut cessare illos aut subsistere decuit. Licet enim, ut Gregorii 2 sententia est, numquam fieri malum debeat, bonum tamen aliquando, quod agitur, per oboedientiam intermittitur. Et Carolus 3 imperator In memoriam, inquit, beati Petri apostoli honoremus sanctam Romanam ecclesiam et apostolicam sedem, ut quae nobis mater est sacerdotalis 4 dignitatis, esse debeat ecclesiasticae magistra rationis. Quare servanda 5 est cum omni mansuetudine humilitas, et licet vix ferendum ab illa sede sancta imponatur jugum, tamen feramus et pia devotione toleremus 6 .

[98] At nostri Austriales erecta cervice, cristato capite, rebellibus humeris, "Quid nobis et papae?" dicunt 7 . "Celebret 8 ipse missas, nos arma tractabimus. Nihil ad eum de nobis. Si quid praecipit 9 , appellamus." Proh sceleratas atque horrendas voces! Quid pejus aut Valdensis 10 haereticus aut Saracenus infidelis exclamet 11 ? Dent veniam Austriales, oro: non ipsos sed facta dictaque insectamur, et 12 consulentibus magis 13 quam 14 facientibus irascendum putamus. "Appellavimus a monitorio," dicunt. Quo consilio, qua ratione, quo vultu 15 , qua audacia illudere apostolicae sedi, irridere majestatem illam, Christi contemnere tribunal volunt 16 ? Non {60v} Austrialium hanc mentem, sed consultorum fuisse conjector, quamvis et isti passionibus jactati, quae voluerunt, facile crediderunt. [97] Now, since the Austrians have accused the Roman Pontiff unjustly, they should not take offense if we accuse them justly, showing that those who have greatly wounded the Roman Empire also intended to strike at the Apostolic See, as they attack the glory and majesty of all monarchy. Though they may have started out with good intentions, they should have stopped or interrupted their activities when the Roman Pontiff forbade them. For as Gregory 1 says: Evil should never be done, but sometimes something good that is being done should be put off out of obedience. 2 And the Emperor Charles 3 : In memory of the blessed Apostle Peter, let us honour the Holy Roman Church and the Apostolic See. As she is our mother by virtue of her priestly dignity, she should also be our teacher by virtue of her ecclesiastical office. Therefore, we should be subservient to her with all meekness, and even when a barely tolerable yoke is put upon us by that Holy See, we should carry it and bear it with pious devotion. 4 [98] But our Austrians, with stiff necks, raised crests and rebellious shoulders, say: "What does the pope have to do with us? Let him celebrate his masses, while we handle our weapons. He has no say over us. If he issues any commands, we appeal." Oh, what criminal and horrible words! The Waldensian heretic 5 or the Saracen infidel could not say anything worse. May the Austrians forgive us, for we do not pursue them personally, but their words and actions, and we think that our anger should be directed more against those who advised, than against those who acted. "We have appealed against the monitorium," they say. With what intent, with what reason, with what sentiment, 6 and with what temerity do they wish to ridicule the Apostolic See, scorn its majesty and mock Christ's tribunal? I believe that this is not the intention of the Austrians, but of their advisers, though the Austrians themselves, moved by passionate feelings, easily believed what the advisors wanted them to. 1 Gregorius I 2 Decretum, C.11.3.99. (col. 671). Gregorius I in Iob, lib. 35, c. 12 3 Charlemagne. The document quoted is a late forgery 4 Decretum, D.19.3. (col. 60) 5 The Waldensians: a Christian movement which started in Lyon and spread to the Cottian Alps in the late 1170s.

Preached poverty. Later declared heretic by the Church 6 "vultu" 4. Austrian appeal against the monitorium is invalid [START_REF]Ad quos confutandos necesse mihi est illud attingere 1 membrum 2 , quod de appellatione 3 dicturum quarto loco promisi. Ad 4 quam rem jam benignas 5 , precor, aures 6 adhibete 7 . Appellationis remedium ob communem utilitatem inventum est 8 , ut qui perperam opprimuntur, refugium habeant. Appellationem autem partem 9 esse justitiae nemo dubitat 10 , cum vero justitia sit habitus animi, qui communi utilitate servata 11 suam cuique tribuit dignitatem. Non est appellatio recipienda, quae communi 12 bono adversa est. Eam ob causam tria potissimum considerare oportet appellantem 13 : ut sit immodice 14 atque injuste 15 gravatus; ut de minori judice 16 superiorem appellet; atque ut eum appellet, qui commode possit adiri. Horum si unum defuerit, nihil est, quod appellationi tribuat vires. Exinde cavendum est, ne quid appellatione pendente is innovet, qui appellavit 17 . 1 attingere add[END_REF] To completely refute the claims of these people, I must now begin the fourth part [of my oration], where -as promised -I shall speek about the appeal. I ask you to hear me kindly.

The remedy of appeal was invented for the public good so that those who are wrongly oppressed may have a refuge. Nobody doubts that the appeal is an integral part of justice, since justice is a habit of mind which gives every man his desert while preserving the common advantage. 1 Therefore, an appeal that goes against the common good should be rejected. The appellant should especially consider three conditions: firstly, that he must have been unreasonably or unjustly oppressed; secondly, that he must appeal from a lower judge to a higher judge; and thirdly, that he must appeal to someone who would be easy to reach. If just one of these conditions is not fulfilled, the appeal is not valid. Moreover, the appellant should ensure that he does not himself change [the status quo] while the appeal is pending.

1 Cicero: De inventione, 2.53.160: Iustitia est habitus animi communi utilitate conservata suam cuique tribuens dignitatem [101] Quid de primo membro putabimus? Oppressine sunt Austriales ex monitorio? Si memoria 1 tenemus, quae prius dicta sunt, nullum gravamen, nulla oppressio intervenit, quia injuste agentes juste prohibebantur, et officium erat Romani pontificis prohibere. Nam qui non vetat peccare, cum possit, jubet. Ante sententiam quicumque appellat, rejiciendus est, nisi rationabilem causam habuerit, quae si probata esset, legitima reputari deberet. Sic in generali concilio decrevit Alexander. At Austriales -ut praemissum 2 est 3 -super notorio movebantur 4 excessu. Quis potest affirmare gravatum, qui salubre jussus 5 est acceptare mandatum? Quod si raptorem alienae rei ac fornicatorem manifestum 6 vetant canones appellare, si publico in excessu adversus clericos facto contra delinquentes ad excommunicationem denuntiationis 7 proceditur, si minores judices appellationes hujusmodi non admittunt: quanto magis 8 apud majores et apud {61r} principes 9 appellationis subterfugio carebunt, qui et 10 raptores et invasores manifesti noscuntur. Omnia mala exempla 11 ex bonis originem habent. Appellationem, quae fuit ad refellendas 12 introducta 13 vexationes, ad injurias isti fovendas trahunt.

Austrians were not molested by the monitorium

[101] What should we think about the first argument? Were the Austrians molested by the monitorium? If we remember what was said before, there was no harm and no oppression whatsoever, since it was people acting unjustly who were forbidden to do so, and it was the responsibility of the Roman Pontiff to forbid it. One who does not forbid wrongdoing, when he has the power, commands it. 1 And whoever makes an appeal before the judgement must be dismissed, unless he has a reasonable cause, which -if proven -must be considered legitimate. This Alexander decided in a general council. 2 But as we have seen, the Austrians were admonished because of a notorious [misdemeanour]. Who can claim that someone is being molested when he is ordered to accept a command that is to his own advantage? If the canons prevent a manifest robber and a manifest fornicator from making an appeal, if in public transgressions against clerics the delinquents are excommunicated directly, if inferior courts do not allow appeals of this kind, then how much more should people known as notorious robbers and intruders be denied the stratagem of appealing to superior courts and princes? All bad examples have their origin in something good. Appeals were introduced to save people from being molested, but the Austrians use them to cause injuries.

[102] Sed transeamus ad judicem, qui appellatur. Majorem hunc esse oportet, ut diximus, eo a quo est appellatum. Nam majoribus quidem regendi et jubendi potestas, minoribus 1 obsequendi 2 necessitas est 3 4 . Inferior sedes superiorem non obligat. Appellanti non minus aut par 5 tribunal adeundum est 6 . In parem 7 pari non est imperium. Placuit, inquit Julius 8 papa, ut a quibuscumque 9 ecclesiasticis judicibus ad 10 alios judices ecclesiasticos, ubi est major auctoritas, provocatum fuerit, audientia 11 non denegetur. Quod si minorem aut aequalem quis judicem appellaverit, videtur 12 auctoritate Julii repellendus, cujus auctoritati 13 et ratio quadrat. Nisi enim major, qui appellatur, fuerit, nec exequi sententiam poterit, nec plus sapere videbitur illo, a quo appellatur. In casu autem nostro 14 ab eo judice 15 13 Julii … cujus auctoritati omit. E, MU 14 vestro U1 15 judices U1 16 Romanus MU 17 praesul MU

Austrians could not appeal to a higher judge

[102] But let us pass on to the judge to whom an appeal is made. As we have said he must be superior to the one from whom the appeal is made. For superiors must have the power to rule and command, and inferiors the obligation1 to obey. An inferior instance does not bind a superior one, and an appellant must not appeal to a lower or equal court. Equals do not have power over each other. Pope Julius said: When an appeal is made from any ecclesiastical court to another ecclesiastical court of higher authority, a hearing must not be denied. 2 So, when someone makes an appeal to a lower or equal court, it must -on Julius' authority -be dismissed. And reason agrees with this authoritative statement for if the judge to whom an appeal is made is not a superior one, then he will neither be able to execute the judgment nor be more knowledgeable than the one from whom the appeal is made. But in our case the appeal was made from the judge who has no superior on Earth. Therefore, the appeal is invalid. Neither laws nor canons allow appeals from a prince. 3 And all educated men know that in the Church the Roman Bishop is the prince. Therefore, it is not right to make an appeal from the Roman Pontiff.

[103] Quod autem princeps ecclesiae Romanus praesul 1 existat, compluribus auctoritatibus intelligere licet. Quamvis omnes, inquit Pelagius 2 , per orbem ecclesiae institutae 3 unus Christi thalamus sint 4 , tamen sancta Romana ecclesia catholica et apostolica nullis synodicis constitutis ceteris ecclesiis praelata est 5 , sed evangelica domini voce et salvatoris nostri principatum obtinuit, 'Tu es," inquiens 6 dominus, Petrus, et super hanc petram aedificabo ecclesiam meam.' Et Anacletus 7 de 8 Petro dicit: Hic ergo ligandi atque solvendi potestatem primus accepit a Domino, primusque ad fidem populum virtute suae praedicationis adduxit. Ceteri vero apostoli cum eodem pari consortio honorem 9 susceperunt 10 , ipsumque principem eorum esse voluerunt. Sed voluerunt quippe, quod salvator ipse 11 11 salvator ipse : ipse salvator G 12 Anacletus in marg. A, D, G 13 consecrarunt B, U3 14 Subiectas esse Romane ecclesie omnes per orbem ecclesias in marg. U3

[103] That it is the Roman Bishop who is the prince of the Church may be seen from several authoritative statements. Pelagius 1 says: Though all the churches established on earth together form the one chamber of Christ, the Catholic and Apostolic Church of Rome has not been set above all the other churches merely by some synodal decision; no, it has obtained its primacy by the word of Our and Lord and Saviour in the gospel when he said: Thou art Peter; and upon this rock I will build my church. 2 3 And Anacletus said about Peter: He was the first one who received the power to bind and to loose from the Lord, and the first one who by his preaching brought people to the faith. The other apostles were honoured equally together with him, but they wanted him to be their prince. 4 But, indeed, they only wanted what the Saviour himself had wanted, as Anacletus testifies in another place, saying: By the grant of Heaven, the Primary See is the Roman Church that, as it is remembered, was consecrated by the blessed Peter and Paul through their martyrdom. 5 And again: Therefore, as said before, the Apostolic See has been set up as the head and the hinge by Our Lord himself, and by nobody else. And like the gate is governed by the hinge, thus all the churches are governed by the authority of this Holy and Apostolic See, under the rule of Our Lord. 61 Rather: Gelasius 2 Matthew, 16, 18 3 Decretum, D.21.3. (col. 70). Papa Gelasius omnibus orthodoxis 4 Decretum, D. 21.2. (col. 69-70) 5 Decretum, D.22.2. (col. 74). Anacletus ad omnes episcopos. From the Decretals of Pseudo-Isidore 6 Decretum, D.22.2. (col. 74). Anacletus ad omnes episcopos. From the Decretals of Pseudo-Isidore

[104] Et ne multa inculcemus, Christiani 1 nomen amittit, qui caput ecclesiae militantis Romanum praesulem non recognoscit. Si ergo princeps est in ecclesia {61v} catholica Romanus pontifex nec superiorem habet, nec parem, nam ecclesia militans instar triumphantis ordine hierarchico 2 instituta 3 neque biceps neque multiceps esse potest. Unus in caelo Deus, unus in terra vicarius, caput ecclesiae, populi princeps, Christiani ductor exercitus, Romanus praesul 4 , in cujus auditorio non habet appellatio vocem. Potuissent fortasse supplicantes ad papam Austriales recurrere, appellantes minime. Non est hic plebejus aliquis magistratus aut 5 pedaneus 6 judex est, sed comite major, duce superior, rege celsior 7 , imperatore sublimior. Et audent appellare? Quis horum non miretur audaciam, non confundat arrogantiam, non damnet ac vituperet temeritatem? Si quis ab Austriae duce appellare praesumeret, ne dicam ab 8 rege Bohemiae vel Hungariae, mox appellationis poenam 9 in carcere cogeretur accipere. Majorem in Austria ducem, quam papam 10 in ecclesia 11 putant. Frustra igitur conditae leges, in cassum promulgati 12 canones. Leges non imperatoris dumtaxat 13 , sed praefecti 14 praetorio sententiam appellationi subducunt. Isti jussionem apostolicam provocationi subjiciunt. Sacri canones primae sedis judicium cunctis mortalibus anteponunt; isti submittunt, atque illi superiorem constituunt, quem constat omnibus esse 15 [104] But let us not belabour this issue: anyone who does not recognise the Bishop of Rome as head of the Church Militant loses the name of Christian. So, if the prince in the Catholic Church is the Roman Pontiff, he has no superior or equal. For just like the Church Triumphant, the Church Militant is ordered hierarchically, and it cannot have two or more heads. In Heaven there is but one God, and on earth there is but one Vicar, the head of the Church, the prince of the people, the leader of the Christian army, the Bishop of Rome, in whose court the word "appeal" may not be heard. The Austrians might have had recourse to the pope as supplicants, but not as appellants. For he is not some magistrate of the people or a commonplace judge; no, he is greater than a count, superior to a duke, higher than a king, and more exalted than an emperor. And the Austrians dare to appeal? Who will not be astonished at their audacity and dismayed by their arrogance? Who will not condemn and reproach their effrontery? If anybody dared to appeal from the Duke of Austria, not to mention the King of Bohemia or Hungary, he would have to suffer punishment for the appeal in prison. 1 The Austrians think that a duke in Austria is greater than the pope in the Church. Thus, the laws have been passed in vain, the canons have been promulgated to no purpose: not only do they appeal the laws of the emperor and the judgment of the local magistrate,2 but they also appeal the apostolic commands. The holy canons place the judgment of the First See above all men, the Austrians put it below them, and they make someone else superior to him who is clearly superior to all others.

[105] Audiamus tamen cui superioritatem attribuant, si quid afferant hoc 1 auditorio dignum, si quas res 2 habent 3 , quas 4 sibi sperent praesidio atque adjumento futurum. "Generale 5 concilium," inquiunt, "papa dignius 6 atque superius est, quod eum judicat 7 , si aut haeresim sapit, aut schisma nutrit, aut universalem scandalizat ecclesiam 8 , ceu Constantiae diffinitum 9 ac Basileae comprobatum est 10 ." Sit 11 ita. Nolumus 12 hoc disputationis ingredi pelagus neque hos 13 griphos 14 aggredi 15 . Anceps quaestio et in utramque partem a prudentibus viris arbitrata 16 est. Utcumque sit, constat uno 17 solum casu certum et indubitatum papam 18 subesse concilio 19 . Nam si quis in apostolatu sedens in haeresim labitur 20 , mox papatu excidit, minorque redditur quolibet Christiano. Nec jam papa dicendus est, si schismaticus est: aut 21 eodem morbo laborat, aut in papatu est dubius.

1 haec F 2 quas res : quid MU 3 habeant B, E 4 quod MU 5 Generale concilium in marg. A; Adversarii concilium in marg. D, G 6 dignus F 7 judicant U1 8 scandalizat ecclesiam : ecclesiam scandalizat V 9 definitum MU 10 omit. G 11 si F, E, MU 12 volumus U1 13 hoc U1 14 em.; Grippos A, B, C, D, E, F, G; Gryppos E; Gryphos MU 15 griphos aggredi : grippos aggredi corr. ex aggredi grippos A, C; aggredi grippos U1, U2, U3, V 16 arbitratum MU 17 In uno casu tantum papa subest concilio in heresi in marg. D, G 18 papa E 19 Papa sub concilio in marg. C 20 Qua causa subiiciatur pontifex maximus generali concilio in marg. U3 21 ut F

[105] But let us hear whom they consider to be superior to the pope -if they can say something that is worthy of this assembly, and if they have something they hope may strenghten their case. "In Konstanz it was declared and in Basel it was confirmed that in the case where the pope falls into heresy, or fosters a schism, or scandalizes Universal Church, the general council has greater authority than the pope, is superior to him, and should judge him." Let this stand for now since it is not the moment to enter this sea of disputation or to tackle these conundrums. The question is doubtful, and it has been argued in both directions by wise men. But however it may be, it is clear that only in this one case is a certain and undoubted pope subject to a council: if somebody occupying the papacy1 falls into heresy, he immediately ceases to be pope and becomes less than any Christian. And if he is a schismatic he cannot be called a pope, for either he suffers the same affliction2 or his right to the papacy is in doubt.

[106] As implied in the decree of Konstanz, a certain and undoubted pope may never be deposed by1 a council unless he has scandalized the universal Church, something which would be seen when many complained about him from various parts of the world. This could happen if the pope gave wives back to the priests,2 committed a blood crime, 3 or introduced a new rite that displeased the community of the faithful. But nothing of this sort is happening now. So, in the present case a council is not above the pope, and there is no [legitimate] cause for an appeal to it. We should not be concerned by the fact that in our time we have seen appeals being made even in minor matters, both to the Council of Konstanz and the Council of Basel. For what is done irregularly, inappropriately, temerariously and rebelliously, neither makes anything lawful nor has the force of custom. Among the bishops and other conscript fathers in Basel we saw cooks and stable-hands judging the affairs of the world: who would believe the words or acts of such people to have the force of law?

[107] Fuerunt et priscis temporibus generalia concilia, nec minus magna, nec minus authentica 1 quam nostra 2 , nec tamen appellationes ab apostolica sede recipiebant. Hinc verba Gelasii manant Ipsi 3 sunt canones, inquientis 4 , qui appellationes totius ecclesiae ad hujus sanctae sedis examen voluerunt deferri. Ab ipsa vero numquam prorsus appellari debere sanxerunt; ac per hoc illam de tota ecclesia judicare; ipsam autem ad nullius commeare judicium; nec de ejus numquam 5 praeceperunt judicio judicari, sententiamque ejus constituerunt non 6 oportere dissolvi, cujus potius sequenda decreta mandaverunt 7 . Et rursus omnibus episcopis: Cuncta per mundum novit ecclesia, scribit idem 8 Gelasius, quod sacrosancta Romana ecclesia 9 fas de omnibus habeat judicare, neque cuiquam 10 de ejus liceat judicare judicio. Siquidem ad illam de qualibet 11 [107] In former times, too, there were general councils -neither less important nor less authentic than ours:1 they did not receive appeals [of the judgments of] the Apostolic See. Therefore, the words of Gelasius still apply: These are the canons which state that appeals from the whole Church should be deferred to the scrutiny of the Holy See. They also completely forbid appeals [of the judgments of] that See. So, therefore, the whole Church may be judged by the Holy See, but the Holy See itself may not be judged by anybody else. The canons forbade that anybody should ever judge the judgments of the Holy See and disregard its decrees; on the contrary, they required everybody to follow them. 2 And, again, the same Gelasius writes to all bishops: The whole Church in all the world knows that the Holy Roman Church has the right to judge in all matters, and that nobody else has the right to judge its judgments. So, the whole world may make appeals to the Roman Church, but nobody is allowed to make appeals from it. 3This brief statement suffices concerning the superior status of the judge from whom the [Austrian] appeal was made.

Judge appealed to was not easily accessible

[108] Now we must examine the form of the appeal in order to determine if the judge to whom the appeal was made is easily accessible.

The appeal falls into three parts. In the first, they declare that the pope was not informed and they appeal to a pope to be informed. In the second, they appeal to a council which has been indicted or which will be indicted. And in the third, they appeal to the Universal Church. Let us discuss this now.

Appeal to a better informed pope

They claim that the pope was not informed. However, the monitorium shows that the pope was both informed and in possession of the facts of the matter. So, either they think that the pope is ignorant of the facts and are shown to be in error by the account in the monitorium itself, where their manifest and notorious misdeeds are set forth. Or else they stupidly think that the pope is ignorant of the law. All Roman bishops, surrounded by the most learned senate of cardinals, have an abundant knowledge of all law, but Nicolaus himself is ignorant of nothing but ignorance: I believe that the Apostolic See has never been occupied by anybody more learned nor more intelligent than he.

[109] Sed advertamus scitam ac pensiculatam appellationem. Romanum pontificem volunt 1 duorum judicum gestare personam: ejus a quo appellatur, et illius ad quem appellatur 2 3 . O bone Deus, quanti est sapere! Recte competentiam 4 modificati 5 sunt, subtile ingenium! Numquam ego hos audio, quin doctior fiam 6 ! Nihil antiquius est 7 quam bonis ac 8 discretis 9 convivere 10 viris! Verum timeo, si sic pergimus, ne alias quoque personas conglutinemus, ac non solum appellantem, sed eum quoque, adversus quem appellatur conjungamus, ac papam judicem, reum actoremque faciamus, atque, si libet, testem. Miror si non pallet aut 11 non erubescit appellationis inventor 12 , corruptor juris, falsus interpres canonum, qui 13 monstra invisa atque 14 inaudita introducere nititur. Appellationem 15 aliquando quis 16 15 Non appellatur ab eodem ad eundem in marg. D, G 16 aliquando quis : quis aliquando MU [109 cont.] Neither Solon, nor Lycurgus, nor the ten men sent to Greece, nor the responsa of the prudent men, nor the edicts of the praetors, nor the plebiscites, nor the decrees of the senate, nor the decisions of princes, nor the laws of men, nor the customs of the barbarian peoples allow for such a practice. Maybe our adversaries have chased up such a law in the city of Plato1 which has never been found. 2 I do not doubt, however, that this madness is far from Aristotle's Politics. 3 If anybody else should dare to claim that this [innovation] is just, the laws and the canons will judge the instigator to be delirious, feeble-minded and foolish, and they will eject him from the college of the learned, as hateful both to muses and to letters. So, the first part of the appeal is nonsense because it goes against the facts of life and introduces a new and unheard of monstrosity, rejected by every law and custom.

Appeal to a council

[110] But they add a second part in which they appeal to the council that has been indicted or will be indicted. This is a slippery, uncertain and unstable ground from which we shall easily cast down our adversaries. We have shown above that only in one case can an appeal be made from an undoubted pope, but that this is not the present case. Therefore, the appeal is void. But let us concede something to our adversaries; let us be kind; let us make friends of the mammon of iniquity; 1 let us say that something is true that we know to be false: let us say that it is lawful to appeal the acts of the Roman Pontiff to a council. So what? Shall we then leave the victory to the enemy? Certainly not. But what will we answer? Please listen, all of you. They appeal to the council that has been or will be indicted. The first term is false, the second is ridiculous. Until now nobody has heard that a council has been indicted and in fact it has not been indicted. "But," they say, "it has been promised to the King of France that a council would be celebrated in his kingdom in the year after the Jubilee, 2 " and since that year has passed they think that a council has been indicted. Here they draw furrows in the thin dust; 3 here they will harvest oats without kernels, and they will gather no wheat. In such an important matter, it is a very superficial person who is moved not by fact, but by opinion, and who follows rumours and silly fables. We are now in the second year after the Jubilee 4 and, God willing, we shall soon be entering the third, and we have not yet heard that a council has been indicted. 5 Who does not understand that their ignorance is affected and false?

1 Luke, 16, 9 2 The Jubilee was in 1450 and the year after would have been 1451 3 Juvenalis: Satirae, 7.49: litus sterili versamus aratro 4 1452 5 Piccolomini knew very well that the council promised to the King of France had not and would not be indicted: the pope had assented to a council in France on the condition that the other princes would agree. And as an imperial diplomat, Piccolomini had himself been instrumental in formulating an imperial policy not to accept a council to be held in France, and in reality not to have the council at all, cf. sect. 111

[111] "Then he does not keep his word to the king," 1 our adversaries reply. That is pure calumny, for the promise of a council to the king was not given unconditionally, but on the condition that the other kings and princes would agree. But these mostly rejected [the idea]. The kings of Aragon, England, and Portugal do not want a council to be held in France. I myself, at the command of the emperor, in a public consistory in Rome at the end of the Jubilee Year, advised against holding such a council -and with good reason! 2 Our adversaries know this, and therefore they proposed an alternative by appealing to a council already indicted or to be indicted in the future. They are blatherings fools, not learned men: trusting in the snares of syllogisms and dialectical tricks, they invent empty glories. But rushing forward they will be dashed against the rock of truth, and they will not enjoy the fruits of their endeavours. For someone who allows an appeal to a council, adresses either a council in session or a council to be held in the near future. But a council that has not yet been indicted is neither in session or is to be held, and it cannot be called a council, neither as a matter of fact nor as a matter of hope. Who is so stupid or perverse or shameful that he would appeal to a judge who has neither been born nor is going to be? 1 The King of France 2 Cf. the oration "Fateor" [15] (Early Version), sect. 23. It is interesting that here Piccolomini refers to a passage on the council in the oration "Fateor" that was removed in the Final Version of the oration (from 1462) when he had become pope himself [112] The lawgivers decided on a one-year period for maing an make an appeal, and in certain cases two years. But our own wise men here 1 [implicitly] stipulate a period of ten years, for they claim that in Konstanz it was decreed that councils should be celebrated every ten years. 2 What a beautiful and useful thing, fostering peace and concord! Someone has robbed me of my house and lands, and I summon him to the court. My adversary is ordered to return what he has taken by force. He then appeals to a council, postponing the matter for ten years! How will that trial end? And who will wait for ten years? Time glides by imperceptibly and cheats us in its flight. 3 Heavy expenses, the shortness of life, and a thousand kinds of death will grant the case to the appellant. But why do I worry about ten years? I fear that it will take twenty years, no, hundred years before another council is celebrated -to be indicted according to the needs of the time as the Roman Pontiff sees fit. 4 I do believe that our adversaries wanted to imitate the Areopagites 5 : when a dubious and most difficult case was sent to them from Asia 6 and they did not see any way to solve it and pass a judgment, they sent both the accuser and the accused away and bade them return in a hundred years. 7 1 Irony! 2 What was actually true, cf. the decree Frequens of the Council of Konstanz 3 Ovidius: Metamorphoses, 10.519-520 4 Flagrant contradiction of the decree Frequens of the Council of Konstanz 5 Members of the Areopagos, the earliest aristocratic council of Athens (named after the meetingplace) 6 Asia Minor 7 Valerius Maximus, 8.1, amb. 2

Appeal to Universal Church

[114] As you hear, the appeal to a council has now been torn apart, and neither will their appeal to the Universal Church be left standing. I do not know if our sophists 1 have soused their lips in the Nag's Spring 2 or dreamed on the two-topped Parnassus, 3 for being usually engaged in debating on asinine and fortuitous matters, they have suddenly come forth as specialists in law. Let us hear their words, let us examine the meaning. They appeal to Universal Church. What it is that they call the Church? I presume that they are not using this word in the sense of the walls and roofs of the temples, 4 as it is used in common language, but that they are talking about an assembly of the faithful. This term comprises [everybody], great and small, men and women, clerics and laymen. In the beginning, such an assembly could sometimes meet in one place, for [at that time] the number of faithful was small. But when the Faith grew, and their sound hath gone forth into all the earth: and their words unto the ends of the whole world, 5 then all the faithful could never again meet in one place. Instead they began to have meetings of a limited number of people, which -since the most important people were present -they considered to represent or constitute the Universal Church. The decrees of those assembled were considered as decisions of the Universal Church. But this kind of assembly, if lawfully convoked, is nothing else than a general council. [116] Maybe it would have been better to appeal to God himself as judge, sitting on his starry throne 1 and holding the reins of the world, for nobody doubts that God is greater than the pope. Maybe He would have sent, straight away, a man with powers to settle the matter, as he raised the boy Daniel against the old men who accused Susannah falsely. 2 But these people,3 who trust in weapons more than in God, appeal to the Church that can neither assemble in one place nor appoint a judge to settle the dispute. Thus, there are problems on all sides, as -without cause and without having been burdened or molested at all -they appeal from him from whom it is unlawful to appeal, to him who is the same one from whom the appeal is made, or to a judge who is never there, or who cannot -if he is there -be approached. Therefore, their appeal is dubious, uncertain and foolish.

[118] Since a royal throne passes on through inheritance, it will sometimes be occupied by unlearned or even insane 1 persons. To occupy the Apostolic See the Holy Senate, 2 after careful deliberation, elects the person who is the most eminent of all, the most learned, the most holy, the most virtuous, lacking nothing in wisdom, knowledge and dedication. If there is sometimes a shortfall of merits [in that person], the attested merits of his predecessor will suffice. Therefore, the holy fathers, driven by the Spirit of Truth, absolutely forbade appealing the judgment of the Holy See which is occupied by the prince and head of all the churches. Thus this statement of Innocent: Nobody may judge the Prime See, wishing to influence the course of justice. For that judge may be judged neither by the emperor, nor by the whole clergy, nor by kings, nor by the people. 3 And in the Gesta of the martyr Bonifatius it is written -as stated in the decrees: It is not right to criticize the First See, for even if the Roman Bishop should draw crowds of people with him to Hell, he must not be judged by anybody, since it is he who is the judge of all -excepting the case where he must be considered as erring from the faith. 4 1 Like Charles VI of France 2 i.e. the college of cardinals 3 Decretum, C.9.3.13 (col. 610). Innocentius Papa 4 Decretum, D.40.6. (col. 146) [119] Somebody objects: "But he is man. Therefore he will sometimes treat somebody unjustly. 1Who will deny that this is an evil? And if it is an evil, why not remedy the evil through an appeal?" I answer: in order not to create a greater evil. Take this example: Two persons fight against each in the court of a prince. I ask you: do you think that these two persons are friends? You answer: "No, for if they were friends, they would stop the court case." So, are they enemies? You do not deny it. What do you think the prince feels about the two? Nothing bad, you are sure. So I ask again: do you think that the prince's judgment will likely go against one of the litigants, and that they are both seeking a judgement against the other?" Unless you are a fool, you will answer: "The one is doubtful, the other is certain, for the only desire of a litigant is to vanquish his adversary 2 ." But whoever appeals the sentence of the prince subjects the winner to his adversary, the loser, who will not even spare his life if he is able to take it.

[120] Removing the right of appeal subordinates the subjects of the prince to his judgment alone. In him they must put their hopes as in a benevolent father who will wish to uphold their rights. If everybody has the right to appeal from any sentence and from any judge, it will be the same as giving everybody permission to attack, rob,and plunder other people's property. The powerful will lord it over all, and the weak will be slaves. Justice will be trodden underfoot, the courts will sleep, the laws will be silent among arms 1 , and we shall return to the time of mortals before kings were created and the laws written down, when men fought with strength like brute animals, and not with reason. This is not good for society, and it does not preserve the common good. An appeal that goes against the common good is an unjust appeal, like the one made by the Austrians: they think that the Holy Apostolic See and the highest senate on earth, where the luminaries of the world reside, have less authority than the magistrate of Vienna, governed by unlearned and base commoners though they may otherwise be good, who approve one man's remedy of appeal and deny another's.

Austrians modified the conditions of the matter after the appeal

[121] Moreover, according to the laws of the emperors and the decrees of the holy fathers the conditions of the matter under appeal may not be modified while the appeal is pending, and this especially applies to the appellant. It should be ascertained whether or not the Austrians refrained from such modifications, and whether those who sought assistance from the law obeyed it themselves. The matter I am speaking of is notorious: the Austrians have behaved as if the appeal not only suspended the monitorium, but annulled it, and they went to war as if they had been bidden to, not as if they had forbidden to. For they seized the man who announced the monitorium, treated him brutally and cast him in prison. And immediately afterwards they took up arms, declared war and -in their own words -unswore 1 their oath to the emperor, and were the first to march off to cause damage, not wanting to delay their crimes or to consider their recklessness. Oh, the blind counsels of the guilty! And how rash and cowardly is always wickedness. 2 If the monitorium in no way obliges the Austrians, then why do they hasten to shut up the messenger? If they trust in the appeal, then why do they modify the conditions?

1 "diffidaverunt" 2 Statius: Thebais, 2, 489

Conclusion

[122] But their defiance goes even further, and in order to make excuses in sins 1 they search for examples in Holy Scripture, examples that they do not understand.

"When Balaam pressed the ass too hardly," they say, "it resisted and started, miraculously, to speak, 2 thus showing that peoples may rightly reject the unreasonable commands of prelates.

And Paul the Apostle said that he had resisted Peter to his face. 3 And a Roman Pontiff once stated that he would bear it with equanimity if somebody resisted a command of his in case it could not be obeyed without causing a scandal. And he also said: Either diligently obey our command, or inform us by letter about your reasonable cause for not obeying it. 4 By such examples our adversaries wish [to prove] that they have not erred in resisting the monitorium of the Supreme Pontiff. 1 Psalms, 140, 4 2 Numbers, 22, 21-33 3 Galatians 2, 11 4 Alexander III in c. Si quando de rescriptis: Sicut vir providus et prudens et discretus, qualitatem negotii pro quo tibi scribitur diligenter considerans, aut mandatum nostrum reverenter adimpleas, aut per litteras tuas quare adimplere non possis sufficientem et rationabilem causam praetendas [124] As for their claims concerning the Roman pontiffs, any wise person would treat them with caution, concern and circumspection, maintaining that it is not relevant to cases where a command is issued on the basis of certain knowledge and after examination of the matter, as the words of the popes themselves show. For when [the abovementioned pope] says that he would accept that a command was not obeyed if it was based on faulty information, he thereby indicated that he did not have full knowledge of the matter when he issued the command. But as we have shown before, our monitorium was issued after the matter had been fully discussed and examined. All offices of superiors are overturned and dissolved if anybody who is ordered to do something may respond not with due obedience, but with unacceptable counsel, and may claim to know more than is needful.

At any rate, our case is far different: not only did the Austrians disobey the command, but they spurned and rejected it, and did the exact opposite -as if loyal respect could be to do the opposite of what the Apostolic See commands. Against such people Pope Hadrian wrote: By a general decree we have resolved that any king, bishop or potentate who refers a censure decreed by a Roman Pontiff to somebody else or allows it to be disregarded will be anathema and always guilty before God of having abused the Catholic faith. 1[125] Quas ob causas intelligere jam omnes, qui adsunt praesentes, arbitror injustas atque iniquas esse illorum querelas, qui consulentes Austrialibus et illorum facta probantes sanctissimi domini nostri Nicolai monitiones 1 accusant. Qui cum sint ipsi 2 culpabiles et magna digni correctione, apostolicae sanctae sedis 3 4 decreta calumniantur, violatores legum, contemptores canonum, corruptores evangelii, et omnis honestae consuetudinis perversores, quos ab ecclesia repellendos, nisi resipiscant et humili confessione peccata deplorent, nullus jurisperitus ignorat. Nam qui luporum feritatem prae se ferunt, qui canum rabiem imitantur, quibus est venenum letale serpentum, et omnis cruenta saevitia bestiarum, nullo pacto sunt in ecclesia retinendi, sed excludi abscidique debent, ne columbas, ne oves Christi saeva et venenata contagione praedentur. Eant, eant igitur hujusmodi pestes 5 [125] For these reasons I believe that all who are present here today understand that the complaints against the admonitions of Our Most Holy Lord Nicolaus made by those who counsel the Austrians and applaud their actions are unjust and evil. Though they themselves are culpable and merit serious correction, they disparage the decrees of the Holy Apostolic See. They violate the laws, they despise the canons, they corrupt the Gospel and they pervert all decent custom. Every jurist knows that unless they repent and regret their sins in humble confession, they should be cast out of the Church. For those who show the ferocity of wolves, who imitate the rabidity of dogs, who carry the lethal poison of snakes, and show the bloody savageness of wild animals, should in no way be allowed in the Church. Nay, they should be excluded and cast out, so that the doves and sheep of Christ should not fall victim to their bloody and poisonous contagion. 1 As that well-spoken man and glorious martyr Cyprian states: Let them depart, let them depart those plague-ridden men, and let all evil heretics leave the Christian community, since bitterness cannot be joined and associated with sweetness, darkness with light, rain with clearness, war with peace, barrenness with fertility, drought with springs, storm with tranquillity. [126] Ac tantum adversus maledicta et malefacta 1 nostrorum adversariorum locutum esse 2 sufficiat. Ceterum, cum monitorium apostolicum perspicuis ac manifestissimis rationibus sit defensum, quod super rebus ad Romanam sedem pertinentibus adversus delinquentes et notorios malefactores etiam auditos emanavit, cum appellationem interjectam nullo jure subsistere posse monstraverimus 3 , cum multis {66r} in rebus Austriales peccavisse sit doctum 4 , exposcit tempus, ut quod ultimo loco de Romani pontificis domini nostri sanctissimi 5 , Nicolai V., desiderio et intento promisimus, in medium 6 afferamus 7 . Quod gravissimo et ornatissimo conventu 8 vestro 9 benignas aures adhibente 10 11 succincte ac 12 brevissime 13 faciam. Quamvis offensus horrendis maledictis 14 compellationibusque probrosis jactatus sit dominus noster clementissimus, non tamen ultionem expetit, cujus memoria praeter injurias, quidquid accepit, tenacissime servat. Sed illius vestigia sequens, cujus vices in terris agit 15 , peccatoris conversionem, non mortem appetit.

[127] Duo 16 sunt, ad quae 17 vestram congregationem hortatur intendere. Alterum est, ut componendae paci 18 operam detis, alterum, ut Austriales commoneatis 19 apostolicam sedem more majorum suorum veluti matrem et magistram 20 veritatis ut condigna 21 22 reverentia prosequantur, humilitatem pro superbia, devotionem pro blasphemia, oboedientiam 23 pro contumacia rependentes 24 .

1 et malefacta omit. U1 2 locutum esse : potuisse V 3 monstravimus F, V 4 dictum MU 5 domini nostri sanctissimi : sanctissimi domini nostri G 6 in medium omit. V 7 Hec ad pontificem in marg. D, G 8 conventui MU 9 nostro V 10 adhibete palam MU 11 aures adhibente : adhibente aures U1, U2, U3 12 et U1, U2, U3 13 breviter F 14 horrendis maledictis : maledictis horrendis U3 15 Bonus papa in marg. A 16 Pontifex Nicolaus Austriales hortatur in marg. D; Pontifex ad Austriales in marg. G 17 ad quae : quae ad E, MU 18 pacis F 19 ut add. MU 20 et magistram : magistramque U1 21 ut condigna : cum digna E, V, MU 22 condignam U1 23 obedientia A, F 24 reprehendentes U1; respondentes V 5. Pope's intentions are benevolent and peaceful [126] We have now said enough about the evil words and deeds of our adversaries. With clear and manifest reasons we have defended the apostolic monitorium: it concerned issues pertaining to the Apostolic See, and it was issued against criminal and notorious malefactors whose case had moreover been heard. We have shown that their appeal has no validity, and we have explained how the Austrians have sinned in many ways. Now time demands that we end our oration by disclosing -as promised in the beginning -the desires and aims of the Roman Pontiff, Our Most Holy Lord Nicolaus V. May this exalted and excellent assembly lend ears to what I shall say, succinctly and briefly. Though Our Most Clement Lord is offended by the appalling statements of the Austrians and shocked by their shameful appeals, he does not seek revenge, for he vividly remembers all except offenses. But following in the footsteps of the One, whose Vicar on Earth he is, he desires the conversion of the sinner, not his death. 1[127] He therefore invites your assembly to focus on two things. The first is to endeavour to make peace, the second is to admonish the Austrians to follow, in the way of their forefathers and with due reverence, the Apostolic See as their mother and teacher of truth, and to exchange arrogance with humility, blasphemy with devotion and obstinacy with obedience.

[128] Intellexit pietas apostolica inclytum regem Ladislaum, quamvis adhuc impuberem et annis tenerum, imperatoriae majestatis tutelam exivisse atque in aliorum veluti regnaturum 1 venisse manus. Res adhuc turbidas esse ac non simultates modo, sed 2 odia videri aperta 3 inter Caesaream serenitatem et 4 eos, quorum consilio rex Ladislaus regitur 5 , idque molestum est atque acerbum domino nostro, qui ex odiis bella, ex bellis infinitas oriri calamitates noscit. Cupit ergo vestrum 6 esse studium vestramque 7 curam, ut omnem discordiae fomitem amoveatis 8 pacemque 9 componatis, qua nihil est illi mundanae machinae motori atque rectori, quod vel in terris vel in caelis fiat acceptius, qui nec locum habitat nisi pacatum 10 , dicente propheta: Et factus est in pace locus ejus.

1 regnatorum U1 2 omnia add. F 3 apertam E 4 ac V 5 igitur F 6 nostrum U1 7 nostramque U1 8 amoventis U1; ammoneatis V 9 De pace in marg. A; Ad pacem in marg. D 10 peccatum V

Restoration of peace

[128] His Apostolic Piety has been informed that the illustrious King Ladislaus, though still a child of tender years, has left the guardianship of His Imperial Majesty and come into the hands of other people in order to take up his rule. Matters are still turbulent: we see not just conflicts, but even open enmity between His Imperial Serenity and those by whose counsel King Ladislaus is governed. This is a dreadful and bitter burden on Our Lord, who knows that wars arise from enmity and infinite calamities from wars. He therefore desires you to work with all your might to remove all matter for conflict and restore peace. For nothing in Heaven and Earth is more pleasing to the mover and ruler of the world machine1 who can only live in a peaceful place. As says the prophet: And his place is in peace. 2[129] But most of all he invites you to work diligently to fulfill the goal you have undertaken in this assembly, that is to reconcile the emperor with the king and the king with the emperor with an unbreakable chain of love, so that henceforth there may be paternal love on one side and filial affection on the other, and that they will be so devoted to each other that the rights of family and blood may be surpassed by obligations of love and benevolence. If you succeed in this, as we hope, there will abundant fruits for the Christian community. Indeed, nothing is better for Christianity than that the Kingdom of Hungary, bulwark of the faithful against the Turks, and the empire, head and pillar of all kingdoms, should strive to surpass each other in mutual regard and benevolence. If the Apostolic See can contribute to this cause with resources or labours, it is ready and prepared to do so. For it is always looking to that precept of the prophet: Turn away from evil and do good: seek after peace and pursue it.1

Obedience to the Holy See

[131] I now pass on to the second wish of Our Most Holy Lord which especially concerns the prelates and men of great learning of whom many are certainly present in this assembly. You -I say -you interpreters of law and of Holy Scriptures, you the lights of the world, you who are holding burning lamps1 in the house of the Lord, that is the Church, you who are of simple innocence and prudent simplicity, you His Apostolic Highness asks and requires to solicitously admonish the Austrians not to spurn the apostolic commands nor to mock the keys of the Church. If they desire to be called Christians and wish to follow the wisdom of God and the Son of the Father, they must believe [the words of] the Gospel saying that the Saviour personally appointed Peter the pastor of the Church and that he gave him the pontifical charge of binding and freeing souls. And they must believe the same about Peter's successors if they want to share the Eternal Kingdom and the heritage of Christ. For the Lord gave his vicariate not to one person alone, but extended it, through successive election, to the end of the world, saying: I am with you all days, even to the consummation of the world. 2 Therefore Jerome could write to Pope Damasus: My words are spoken to the successor of the fisherman, to the disciple of Christ. As I follow no leader save Christ, so I communicate with none but your blessedness that is with the chair of Peter. For this I know, is the rock on which the church is built. This is the house where alone the paschal lamb can be rightly eaten. This is the ark of Noah, and he who is not found in it shall perish when the flood prevails. 3[132] If the Austrians do not understand this on their own, then show it to them with unfeigned love1 . Admonish them not to listen to those who counsel them to resist the Apostolic See, and who lead others to rebellion, saying, "Let us do as other people who do not recognise the authority of the Roman Pontiff." Nothing can be more wrong or more dangerous than such words. But if the Austrians can be persuaded neither with good reasons nor by the authorities from the sacred canons, at least let them be moved by many precedents. For all those who since the birth of the Church and unto this day have tried to attack the eminence of the Apostolic Highness have been given over to ruin together with Lucifer and have suffered great calamities. In the East, says Jerome, Lucifer who fell from Heaven has once more set his throne above the stars … where the seed corn is choked in the furrows and nothing grows but darnel or oats. 2 Egypt and Libya refuse to hear Christ, who is proclaimed in Rome, and now they follow the false prophet Muhammad to Hell. And Greece which arrogantly and temerariously presumed to deny the primacy of the Roman majesty is forced to serve the Turks and pay tribute to the enemies of the Christian name.

[133] Quid regnum Bosniae 1 referam omnibus gentibus despectum atque invisum? Quid profuit in Bohemia nonnullorum 2 temeritas, qui dum Romanam ecclesiam insequuntur 3 , se ipsos conterunt ac florentissimi regni 4 non opes solum 5 , sed templa sanctorum 6 ac aedes et palatia nobilissima dominorum evertunt? Qui dum nolunt 7 archiepiscopi et aliorum praelatorum jussionibus subjici, turpissimorum apostatarum Procopii 8 Rasi 9 et Petri cujusdam Anglici tolerare jugum coguntur atque illos habere praepositos 10 , quos vix stabuli aut popinae famulos 11 antea 12 recepissent. Advertant 13 hoc 14 et contremiscant, qui Romanum pontificem sacrumque collegium insectantur, de quibus Jeronimus 15 Apud vos, inquit, solos incorrupta patrum servatur auctoritas. Et iterum: Vos estis lux mundi, vos sal terrae, vos vasa aurea et argentea. Et iterum de papa: Quicumque non colligit tecum 16 , dispergit. Nec sibi blandiantur dicentes: "Si Romanam ecclesiam reliquerimus 17 , male illi erit, multi deficient, pauci eam sequentur." Nam quamvis dolet ecclesia de perditione ovium 18 , cum tamen incurabiles sunt, suopte 19 ingenio morbidas 20 oves extra septa 21 propellit, ne morbida facta pecus totum 22 [133] What should I say about the Kingdom of Bosnia, despised and hated by all peoples? And what has Bohemia gained from the temerity of a group of people who, while persecuting the Roman Church, did great damage to themselves and destroyed not only the wealth of a flourishing realm, but also the temples of the saints and the houses and noble palaces of their lords? They do not wish to obey the commands of their archbishop and of other prelates. Instead they have to carry the yoke of those wicked apostates, Prokop Rasci 1 and some Englishman called Peter 2 , and to tolerate as their leaders people whom formerly they would not have accepted as stable boys or servants in bars. Let them beware of this and let them tremble, those who persecute the Roman Pontiff and the Sacred College, about whom Jerome says: You alone keep the heritage from the fathers inviolate. 3 And again: Ye are the light of the world, ye are the salt of the earth, ye are vessels of gold and silver. 4 And again, about the pope: He that gathers not with you scatters. 5 Do not let them flatter themselves saying: "If we leave the Roman Church, it will suffer: many will leave it, and few will follow it." The loss of sheep indeed pains the Church, but when they are incurable, it will itself cast the sick sheep out of the flock so that the sick do not infect the whole flock. As Cyprian says: Let none think that the good can depart from the Church. The wind does not carry away the wheat, nor does the hurricane uproot the tree that is based on a solid root. The light straws are tossed about by the tempest, the feeble trees are overthrown by the onset of the whirlwind. 6 [134] Those who would abadon the apostolic fundament should know that they are fragile plants and mere chaff that shall be burned swiftly by greedy fire. And though they have followers, they shall still burn, as Augustine says: They shall burn, together with many. 1 But the Roman Bishop will say, with the Apostle John: They went out from us but they were not of us. 2 And Paul, the teacher of the peoples, says: For there must be also heresies: that they also, who are approved, may be made manifest among you. 3 Thus the faithful are approved, thus the perfidious are detected; thus even here, before the Day of Judgment, the souls of the righteous and of the unrighteous are already divided. 4 But the Church remains, undiminished in splendour, pure and brilliant. Shone over with the light of the Lord, it sheds forth her rays over the whole world, yet it is one light which is everywhere diffused, nor is the unity of the body destroyed by divisions. 5 Who are those who say: We shall leave the Church? Separate a ray of the sun from its body of light, its unity does not allow a division of light. 6 But those who leave the Church lose the spirit of vivification, and they are immediately dead to God and his angels. Break a branch from a tree -when broken, it will not be able to bud; cut off the stream from its fountain, and that which is cut off dries up. 7 So let the Austrians choose whether they want to be saved with the Roman Church, or perish with its persecutors.

1 Decretum, C.2.1.18 (col. 447) 2 1. John, 2, 19: ex nobis prodierunt sed non erant ex nobis 3 1. Corinthians, 11, 19. Quoted by Cyprianus: De Unitate ecclesiae, 10 4 Cyprianus: De Unitate ecclesiae, 10 5 Cyprianus: De unitate ecclesiae, 5 6 Cyprianus: De unitate ecclesiae, 5: As there are many rays of the sun, but one light; and many branches of a tree, but one strength based in its tenacious root; and since from one spring flow many streams, although the multiplicity seems diffused in the liberality of an overflowing abundance, yet the unity is still preserved in the source. Separate a ray of the sun from its body of light, its unity does not allow a division of light 7 Cyprianus: De unitate ecclesiae, 5

[135] I have chosen to be an abject in the house of my God, sings David, rather than to dwell in the tabernacles of sinners. 1 Oh, what solid and unshakeable faith! Oh, what man after the heart of the Lord who would rather beg among good men than live in abundance among evil men! What will the Austrians do who are promised happiness if they stay with truth, and misery if they leave with falseness? Oh, abundant generosity of divine mercy! Oh, infinite benevolence of the King of Heaven who promises his followers not only future benefits in Heaven, but also present and large benefits on Earth. 2 As the Lord says in Matthew: Blessed are the meek: for they shall possess the land. 3 And the royal prophet confirms that blessed is the man who hath not walked in the counsel of the ungodly, 4 and all that he does will bring prosperity. And in Malachias: Try me in this, saith the Lord: if I open not unto you the flood-gates of heaven, and pour you out a blessing even to abundance. And I will rebuke for your sakes the devourer, and he shall not spoil the fruit of your land: neither shall the vine in the field be barren, saith the Lord of hosts. And all nations shall call you blessed. 5 1 Psalms, 83, 11 2 Cf. Piccolomini's oration (really a treatise on Christian life) "Non est apud me" [6] of 1446 in which the main message is that the Christian may be happy not only in Heaven, but alson on Earth 3 Matthew, 5, 4 4 Psalms, 1, 1-3 5 Malachias, 3, 10-12

Conclusion

[136] You, oh Fathers, who burn for the Faith, who know all of Scripture, and who have drunk from the pure [fountain of] wisdom: you know that you owe the soul to God, glory to the world, care to your neighbour, honour to your fatherland, reverence to the empire, and loyalty to the Roman See. You shall fulfill all your obligations as one, if -according to the wish of the Supreme Pontiff, our Most Holy Lord Nicolaus V -you tell the Austrians what is required by justice, reason and truth, and teach the nobility and the people to care intently about their salvation and to stop being defiant, so that they may hope for the forgiveness, and not the retribution of the Holy Roman See. Praise be to God.

  The biblical quotations dominate. Interesting is Piccolomini's reference to John of Salisbury whose Policraticus was known to him and also used by him in his earlier work, the Pentalogus,

  : King of Bohemia from 1253 until his death 2 Rudolf I (1218 -1291): Originally a Swabian count. King of the Romans from 1273 until his death. Raised the Habsburg dynasty to a leading position. The first Habsburg to acquire the duchies of Austria and Styria 3 At Vienna, 1276 4 Albrecht I of Habsburg (1255 -1308): Duke of Austria and Styria from 1282 and King of Germany from 1298 until his assassination 5 I.e. succession by inheritance 6 "utile"

7

 7

1

  Ulrich von Cilli 2 Basil of Caesarea (ca. 329-379): Greek bishop of Caesarea Mazaca in Cappadocia, Asia Minor (modern-day Turkey). Doctor of the Church. Saint 3 Basil of Caesarea: Ad adolescentes, 9, 1. Also used by Piccolomini in his De liberorum educatione (Kallendorf, p. 155),

1 I

 1 .e. the counsellors of the Austrians 2 The fountain Hippocrene, struck out by the hoof of Pegasus, on mount Helicon 3 Persius: Satirae, Prol. 1-2: Nec fonte labra prolui caballinonec in bicipiti somniasse Parnasomemini,. Adapted by Piccolomini 4 i.e. the physical church buildings 5 Romans 10, 18

2

 2

1

  Cyprianus: De unitate ecclesiae, 9: What does the fierceness of wolves do in the Christian breast? What the savageness of dogs, and the deadly venom of serpents, and the sanguinary cruelty of wild beasts? We are to be congratulated when such as these are separated from the Church, lest they should lay waste the doves and sheep of Christ with their cruel and envenomed contagion 2 Cyprianus: De unitate ecclesiae, 9

Table of volumes in Collected Orations of Pope Pius II. 12 vols. Edited and translated by Michael von Cotta-Schönberg. Table of contents

	(
	14. Quamvis grandes materias (12 Dec 1450, Naples)	6
	15. Fateor (18 Dec 1450, Rome)
	16. Petivistis ex Caesare (22. Jul 1451, Benesov)
	17. Quamvis in hoc senatu (23 Aug 1451, Wiener Neustadt)
	18. Quam laetus quamque secundus (9 Mar 1450, Rome)
	19. Moyses vir Dei (24 Apr 1452, Rome)
	20. Sentio (Dec 1452, Vienna)

Orations of Pope Pius II; 14) Oration "Quamvis grandes materias" by Enea Silvio Piccolomini (10 December 1450, Naples). Edited and translated by Michael von Cotta-Schönberg 2019 Table of contents

	I.	INTRODUCTION
		1.	Context
		2.	Themes
			2.1. Praise of the two royal houses
			2.2. Women
			2.3. Marriage
			2.4. Sexuality
		3.	Date, place, audience and format
		4.	Text
			4.1. Manuscripts
			4.2. Editions
			4.3. Present edition
		5.	Sources
		6.	Bibliography
		7.

  In anno Iubilaei revocatus ad caesarem cum Gregorio de Populosa et Michaele de Plena Villa, Alfonsum regen Aragonum et Siciliae iussus est petere, matrimonium caesaris nomine cum Leonora, regis Portugalliae sorore, ut ibi contraheret, nam legati Portugallenses eo convenerant. Quam rem diebus quadraginta tractatam denique conclusissent, coram rege, cardinali morinensi, apostolico legato, Clivensi, Calabrie, Suesse, Sclesieque ducibus et magna prelatorum comitumque multitudine in curia Noui Castri neapolitani de nobilitate virtuteque contrahentium orationem habuit, que postmodum a multis conscripta est

1 HA / 1. version (Knödler, I, p. 90) 2 CO, I, 20 (Meserve, I, pp. 94-95): 3 Zimolo, p. 18: Mox legatione altera excipiente, Neapolim missus, auctor fuit regiae affinitatis Leonora, Lusitanorum regis sorere, Alsonsi nepte, Federico desponsata 4 Zimolo, p. 102: Aeneas itaque Neapolim profectus, cum Alphonso egit ut Leonora, Lusitaniae regis soror ac ipsius ex sorore neptis, Caesari in uxorem collocaretur

  . A cura di R. Fubini. (Monumenta politica et philosophica rariora; II, 4-7) Paparelli, Gioacchino: Enea Silvio Piccolomini (Pio II). Bari, 1950. (Biblioteca de cultura moderna; 481) Piccolomini, Enea Silvio: De Europa. [1458]  Pius II: Opera omnia. Basel: Heinrich Petri, 1551, pp. 387-471  Enee Silvii Piccolominei postea Pii II de Europa. Ed. A. van Heck. Città del Vaticano, 2001. (Studi e testi; 398)  Aeneas Silvius Piccolomini: Europe (ca. 1400-1458). Transl. by Robert Brown. Intr. and ann. by Nancy Bisaha. Washington, DC, 2013 Ed. M. Meserve and M. Simonetta. Vols. 1 ff. Cambridge, MA, 2003 ff.

	Pius II: Epistolae
	 Der Briefwechsel des Eneas Silvius Piccolomini. Ed. Rudolf Wolkan. 3 vols. Wien. (Fontes
	rerum austriacarum; 61-62, 67-68)

Piccolomini, Enea Silvio: Historia Austrialis  Eneas Silvius Piccolomini: Historia Austrialis. Teil 1: Einleitung von Martin Wagendorfer. 1. Redaktion ed. von Julia Knödler. Teil 2: 2./3, ed. Martin Wagendorfer. 2 vols. Hannover, 2009. (Monumenta Germaniae Historica. Scriptores Rerum Germanicarum. Nova Series; 24) Piccolomini, Enea Silvio: Pentalogus. [1443]  Piccolomini, Enea Silvio: Pentalogus. Hrsg. von Christian Schingnitz. Hannover, 2009 (Monumenta Germaniae Hisistorica. Staatsschriften des späteren Mittelalters; 8) Pius II: Commentarii rerum memorabilium quae suis temporibus contigerunt. [1464]  Commentarii rervm memorabilivm que svis temporibus contigervnt. Ed. A van Heck. 2 vols. Città del Vaticano, 1984. (Studi e testi; 312-313)  Commentaries.  Enee Silvii Piccolominei Epistolarium Secvlare. Ed. A. van Heck. Città del Vaticano, 2007

  1 quamplurimi, bellicosi duces, justissimi reges, magnanimi caesares prodierunt. His Austria paruit, florentissima regio, cujus principatus et 2 a Sabaudia in Pannoniam et ab Illyrico in Burgundiam protenduntur. His Bohemiae nobilissimum, ditissimum 3 et aureum olim regnum oboedivit, et 4 ab his ferox virosaque5 Polonia regnata est. Ab his septem illa populosa, latissima, et opulentissima Hungariae regna diutius gubernata 6 fuerunt. Ab his Romanum imperium non sine magna {158r} nostrae familiae laude multis saeculis 7 administratum est. Ab his Ottacarus, rex praedives 8 ac potentissimus, qui ab Adriatico sinu usque in 9 oceanum septentrionalem, quidquid medium 10 fuerat, suae ditioni 11 contra 12 jus fasque subegerat, ac Romano imperio insultabat, Deo atque hominibus13 infestus, magno proelio victus14 , profligatus, atque occisus est.

	1 de me verba … fortes omit. T
	2 omit. T
	3 dignissimum P, FR
	4 omit. P, T, FR
	5 ferosaque T
	6 illa populosa … gubernata : illae populosae, latissimae, et opulentissimae Hungariae ditiones gubernatae FR
	7 multis saeculis : seculo P, FR
	8 dives FR
	9 ad P, FR
	10 obvium FR
	11 dictioni R, T
	12 omit. P, FR
	13 omnibus R
	14 fictus P

  1 , tantae moderationis famaeque fuit, ut Romanorum creatus imperator, solo suae virtutis nomine fregerit, quicumque per Germaniam 2 adversus imperium res novas moliebatur3 . Nec minor ei4 fuit Albertus prior, qui cum plerique {149v} Germaniae principes Adolfum ex domo de Nassau 5 imperare vellent, nostramque domum calumniose praeterirent, non est passus extra familiam imperium esse, sed bello indicto ad 6 constitutam diem armatus venit, collatisque signis in aciem prodiit, et 7 atroci 8 pugna usurpatorem imperii vicit, fudit, occidit ac domum Austriae pristinae dignitati 9 restituit. Transeo Fridericum Caesarem et avum meum Leopoldum, duo fulmina belli. Ernestum, qui me genuit, non laudabo, quamvis subditis dilectissimus esset, inimicis formidatissimus. Patruus meus Albertus Caesar, qui Bohemiam Hungariamque 10 regnavit, non solum Hussitas afflixit11 haereticos, sed Turcorum rabiem Christianis cervicibus imminentem magna virtute compescuit. Non est otium modo referre, quae mei majores nunc pro catholica fide, nunc pro Romano imperio tuendo propagandoque12 terra marique gesserunt13 , nec narranti mihi dies sufficeret.

	1 novit R
	2 Germanias R
	3 moliebantur T
	4 eo P
	5 Nassano R
	6 omit. T
	7 omit. T
	8 atrocique T
	9 dignitate R

10

Hungariam P, R, FR 11 inflixit P, FR

  6 I shall not praise my own father, Ernest,7 though he was greatly beloved by his subjects and greatly feared by his enemies. My uncle, Emperor Albrecht,8 ruled Bohemia and Hungary. He not only defeated the Hussite heretics, but also valiantly overcame the Turkish frenzy threatening the necks of the Christians. I do not have time now to relate all that my forefathers have done for the protection and propagation of the Catholic Faith and the Roman Empire by land and sea: a day would not be enough.[START_REF]Ex qua re moti veteres sanctique patres Romanam ecclesiam beatorum Petri et Pauli martyrio consecratam in orbe toto venerabilem praecipuamque sanxerunt. Nec dubium est, quin illi quidquid ubique fidelium est, commissum videatur, quae totius corporis caput esse designatur. Talibus igitur institutis talibusque fulti 7 auctoritatibus plerique pontificum, alii reges, alii imperatores excommunicaverunt. Et si speciale requiritur de principum personis exemplum, beatus Innocentius 8 papa 9 Arcadium 10 imperatorem percussit anathemate, quia 11 Johannes Chrysostomus, ut 12 a sua pelleretur sede, consensit 13 . Zacharias regem Francorum non tam pro suis iniquitatibus quam pro eo, quod tantae potestati erat inutilis, a regno deposuit ac Pipinum 14 , Caroli magni patrem, ejus loco suffecit. 1 vel add. V 2 Paulus in marg. A, D, G 3 omit. U1 4 censuri U1 5 et quodcumque solveris … in caelis omit. F, U1 6 cum F 7 suffulti G 8 Innocentius papa[END_REF] Cum Romanae reipublicae curam ab annis jam trecentis nostra domus habuerit, forsitan degenerasse nos hodie, solisque titulis et imaginibus niti majorum quispiam 1 existimaverit. Scimus, quam miserum est Dabimus igitur et aliquid nostrum. Quattuor hodie sumus in Austriae domo: me natu majorem principes electores Romano imperio praefecerunt, cui annis jam undecim laetantibus subditis praefui: parco de me plura dicere. Ladislaum patruelem, Alberti filium, Sigismundique Caesaris ex filia nepotem, quem propter impuberem aetatem domi nostrae gubernamus, et Bohemorum et Hungarorum cum 2 plebs tum 3 optimates suum regem esse fatentur. Albertus frater invictus4 armis Sueviam Alsatiamque gubernat, Suicensis 5 populi frenum metusque. Sigismundus, alter patruelis, expectatae indolis adolescens, Enum atque Athesim regit, cujus aetatem quamvis facies prodit, tamen virtus ementitur. Nostra sunt haec sine majoribus laudanda. Quis consanguineos affinesque nostros enumeret 6 ? Nulla Germaniae domus illustris est, quae nostram familiam sanguine non attingit7 . Since, today, our House has been in charge of the Roman state for more than 300 years, one might think that it might now have grown weak, only relying on the titles and images of our forefathers. We know that It is a poor thing to lean upon the fame of others, Lest the pillars give way and the house fall down in ruin.1 So let us say something about our own[generation]. Today the House of Austria consists of four men: I myself am the oldest and was elected Roman Emperor by the Prince Electors, and I have ruled my contented subjects for eleven years. I shall say no more about myself. Ladislaus, 2 my cousin, is the son of Emperor Albrecht and the grandson of Emperor Sigismund 3 through his daughter. Because he is still underage, he is brought up in our own home, and the Bohemians and the Hungarians (both the people and the nobles) have proclaimed him king. Albrecht, 4 our unvanquished brother, rules Swabia and Alsatia and is the bridle and terror of the Swiss people. Sigismund, 5 my other cousin, is a promising young man who rules Inn and Etsch 6 : his face reveals his age, but belies his virtue. All this is praiseworthy in itself, without having recourse to our forefathers. Who can enumerate our relatives and family? No distinguished House of Germany is unrelated to ours by blood.[24] Majores nostri ex Francia, ex Aragonia, ex Hungaria, ex Neapoli, ex Anglia, ex Polonia, ex omnibus Christiani populi celsis domibus uxores duxere 1 . Cum his ego praerogativis nuptiarum sacris initiandus prodeo, qui cum domo Portugalliae atque Aragonum matrimonium contrahens non unum 2 regnum aut unam proviniciam, sed Alamaniam, ingenti populorum, principum, praelatorum multitudine redundantem, quin et Germaniam totam, regnis gravidam, quae Christianitatis 3 plus media parte complectitur, dives4 viris et armis, in affinitatem mecum adduco."[START_REF]Illud ad rem nostram accomodatum exemplum nequeo praeterire: post Henricum quartum Lotharius Saxo 1 ad imperium vocatus est, adversus quem cum Fridericus et Conradus, magnanimi juvenes, arma movissent, quia genus Henrici, cujus sorores matrimonio sibi assumpserant, humiliare atque opprimere videbatur 2 , ab Honorio 3 papa sunt excommunicati, nec prius absolutionis obtinere beneficium 4 quam Caesaris gratiam potuerunt. mirum si Austriales aliquos suo principi insultantes Nicolaus pontifex admonet? Beatus Ambrosius 5 , licet sanctus, non tamen universalis ecclesiae episcopus, pro culpa, quae aliis sacerdotibus non adeo gravis videbatur, Theodosium 6 magnum imperatorem excommunicans ab ecclesia exclusit[END_REF] Accepisti, rex amplissime, quae sponsus et sponsa dixerunt. Intellexerunt -ut arbitroromnes, qui adsunt praesentes, matromonii dignitatem, quo 5 certe neque nobilius neque potentius neque honorabilius6 neque Christianitati utilius inter mortales ullum contrahi potest, quando et virtus virtuti et nobilitas nobilitati et 7 potentia potentiae et magna magnis et summa summis adduntur. Hinc Germanis principibus, Hispanis inde proceribus in affinitatem, benevolentiam amicitiamque 8 concurrentibus. Ob quas res nihil aliud modo restat agendum, nisi ut de tanto bono -sicut facimus -divinae pietati, quae omnia movet, et tuae majestati, quae hujus rei auctrix est, immortales gratias referamus, superos omnes orantes, ut hoc matrimonium et contrahentibus jucundum9 diuturnumque sit et Christianae reipublicae felix.

	[23]
	alienae incumbere famae,
	ne collapsa ruant subductis tecta columnis.
	1 quis iam T
	2 dum T
	3 dum T; cum P, FR
	4 invictis R
	5 Switensis P, T, FR
	6 emineret P
	7 attingat P, R, FR

  10

of Enea Silvio Piccolomini / Pope Pius II; 15)

  Under your kingship a golden age lies open to us.

	Far away is the conquered enemy and all his miserable deeds.
	Under your governance the time of peace has come.
	To conquer fortune is greater than to tame a monster.
	Your name surpasses Hercules'.

Happy are you, Parthenope: 1 as long as you are in the keep of the exalted House of Aragon no power can hurt you.

(Orations

  dicto concilio se facessse, solo del loco disse non potere ancora rispondere chiaro, perché lo re de Franza instantissimamente domandava se facesse in Franza et altri signori et potentie recercavano altri lochi, sì che era necessario, considerato che `l dicto concilio se dovia procurare et fare per universal bene de tutta la Chyesa et de christiani, che primo de communi Concordia se elegesse questo loco. Unde parendomi che queste siano cose digne de savere et importanti ne ho voluto dare notitia ad la illustre signoria vostra.

The day after meeting in the papal consistory, the Milanese ambassador in Rome reported to his master, Duke Francesco Sforza of Milan:

Per lo duca Alberto fratello de l'imperatore, quale venne ad li dì passati qui al iubileo, et per messer Enea ambassatore del prefato imperatore, che novamente è ritornato dal re de Ragona, heri fuo sollenemente denanzi ad la sanctità de nostro signore et collegio de cardinali et alcuni altri prelate exposto per parte del predicto imperatore effetualmente come la maestà soa dispone questo anno subsequente venire in Italia et ad Roma per assumere la corona come rechiedo lo debito et consuetudine, allegando alcune excuse se fine adesso non ha cerchata questa incoronazione, et maxime per le turbationi che sono state in li Paesi de Lá et etiam in Italia, et inferendo che etiam intende volersi incoronare fra le altre cagioni per potere cum magiore auctoridade attendere insieme cum la sanctità de nostro signore ad la reformatione et quietatione de tutta la christianidade et per potere similiter comparere et intervenire per reformacione et bene de la Chyesa al future concilio. Secundo, richieseno che a nostro signore piacesse volere dechiarare et pronuntiare lo concilio per questo anno sequente dove fosse la sancità soa et etiam dove deliberava volere essere presente luy, ma che ´l dicto concilio non se facesse finché luy non havesse presa la corona. Tertio, domandarono che 'l dicto concilio se dovesse celebrare in una terra de Germania, allegando certe rasioni perché nostro signore dovesse farlo più tosto in quello Paese che in altre parti. Postremo, dicti ambassatori notificarono ad nostro signore come novamente era conclusa parentela fra la maestà de l'imperatore et re de Ragona in questo modo, che 'l prefato imperatore havia tolta per moglie la sorella del re de Portugallo, quale è nepote del prefato re de Ragona. Nostro signore 1 conclusive gli rispose gratiosissimente ad tutte le parti, et non solo acceptò e monstrò essere contento de la venuta de l'imperatore ad incoronarsi et de volere celebrare lo concilio ma summamente lo commandò et affirmò cum juramento desiderare cordialissimamente che

2. Final version 4.2.1. Manuscripts

  Voigt, III, 1, p. 19 2 "heri", cf. Carteggio, I, I, p. 306 3 Concerning the textual transmission of Pius II´s orations, see Collected orations of Pope Pius, vol. 1, ch. 5 4 Reports from the Milanese ambassador of 29 December 1450 and from the procurator of the German order of 15

	 Firenze / Biblioteca Riccardiana  Mantova / Biblioteca Communale
	346, ff. 1r-10r (R)* 100, ff. 74r-81r *
	 Roma / Biblioteca Apostolica Vaticana  Milano / Biblioteca Ambrosiana
	Pal. lat. 598, ff. 148v-153r (P) * 97 inf., ff. 48r-52v *
	 Rome / Biblioteca Apostolica Vaticana
	4.1.2. Editions Chis. J.VI.211, ff. 50r-54v (D)*
	Chis. J.VIII.284, ff. 86v-90r (A)*
	The Early Version has been published three times: Chis. J. VIII.286, ff. 71r-78r (C)*
	Vat. lat 1788, ff. 123r-128r (B)*
	 Freher, Marquard (ed.): Germanicarum rerum scriptores varii. Frankfurt, 1602 / t. II, pp. 21-
	25
	4.2.2. Editions
	The final version was published twice:
	The "Fateor" is included in all seven manuscripts containing the collection of Pius' orations,
	produced under his own supervision in 1462:
	 Lucca / Biblioteca Capitolare Feliniana
	544, ff. 54r-58v (G)*
	an asterisk

January 1451 confirm that it was indeed the First Version, containing the formal request for a council, to be held in Germany, that was delivered by

Piccolomini, see Carteggio, I, I, p. 306-307, and Voigt, III, pp. 19-20 5

Manuscripts for which an orthographical profile is given in Collected orations of Pope Pius

II, vol. 11, are

marked with  Freher, M. & B.G. Struvius (eds.): Rerum germanicarum scriptores varii. Argentorati: Dulssecker, 1727 / II, pp. 34-38 (FR)  Pius II: Orationes. Ed. Giovanni Domenico Mansi. 3 vols. Lucca: Benedini, 1755-1759 / t. I, pp. 152-160 Freher does not indicate the manuscript on which his edition is based, and Mansi simply reproduces the text in Freher. 1 4. Pius II: Orationes. Ed. Giovanni Domenico Mansi. 3 vols. Lucca: Benedini, 1755-1759 / I, pp. 140-149 [based on the Lucca manuscript (G)]  Müller, Johann Joachim: Des Heil. Römischen Reichs Teutscher Nation ReichsTags Theatrum wie selbiges unter Keyser Friedrichs V. Allerhöchsten Regierung von Anno MCCCCXL bis MCCCCXCIII gestanden ... Jena, 1713 / Theil I, pp. 376-380

  The risks to the Papacy were simply too great. But in the Early Version of the oration, Piccolomini, had listed a number of excellent reasons for holding a new council:Though the Church is now united under you as its head and as true Vicar of Christ, there are still a number of oustanding issues that would seem to require a general meeting of bishops.

Many Christian princes are in open conflict: concord must be sought. The morals of both clergy and laity are rapidly deteriorating: morals must be restored. Many oppress the Church: its liberty must be regained. Though your own authority is sufficient for dealing with these issues, the implementation of [any measures] is not easy without a meeting of prelates and the agreement of the princes. Therefore the emperor wishes for a general council to facilitate matters.

[Sect. 23c]

  Orationes. Ed. Giovanni Domenico Mansi. 3 vols. Lucca, 1755-1759  Collected Orations of Pope Pius II. Ed. and transl. by Michael v. Cotta-Schönberg. 12 vols.

	 Pius II: 2019-2020
	Platina, Bartolomeo: Vita Pii II Pontificis Maximi. SEE Zimolo
	Pseudo-Isidore: Decretales.
	 Isaiah: 1
	 1. Kings: 1
	 2. Kings: 1
	 4. Kings: 1

 Projekt Pseudo-Isidor

  1

TEXT AND TRANSLATION / EARLY VERSION Oratio Aeneae episcopi Senensis serenissimi imperatoris Friderici eloquentissimi oratoris ad summum pontificem Nicolaum P.P. quintum 1

A = Rome: Biblioteca Apostolica Vaticana / Chis. J.VIII 284 B = Rome: Biblioteca Apostolica Vaticana / Vat. lat. 1788 C = Rome: Biblioteca Apostolica Vaticana / Chis. J.VIII 286 D = Rome: Biblioteca Apostolica Vaticana / Chis. J.VI.211 G = Lucca / Biblioteca Capitolare Feliniana / 544 P = Roma / Biblioteca Apostolica Vaticana / Pal. lat. 598 R = Firenze: Bibl. Riccardiana / 346 FR = Freher, M. & B.G. Struvius (eds.): Rerum germanicarum scriptores varii. Argentorati, 1727

II.

[1] {149r} Fateor 2 , pater beatissime, maxime pontifex,

eum qui coram tua sanctitate loquitur non immerito commoveri, cum propter celsitudinem throni tui, quo nullus est in terris altior, tum propter ingenium tuum divino dono aureum et omni doctrinarum genere fecundum. In cujus praesentia, qui verba facit, nisi juxta praeceptum apostoli sermonem habuerit sale conditum, illius notam Pisonis incurrat 3 , de quo scribit Jeronymus, qui 4 cum loqui nesciret, tacere non potuit. In hoc enim orbis terrae primo maximoque auditorio non futiles et importuni locutores, sed facundi oratores audiendi sunt, Ulyssi pares, quem sapienti facundia praeditum vocem, ait Homerus, non ex ore mittere, sed ex pectore 5 .

1 Oratio … Quintum: Sequitur oratio cujusdam legati ad papam pro coronatione regis (sed domini Pii Papae II) et petitione ad eundem pro concilio congregando generali P; Romanorum Aeneae Sylvii oratio pro coronatione Friderici Regis Romanorum, ad Nicolaum V. PP. cum petitione ad eumdem pro congregando Concilio generali FR 2 omit. P, FR [The sentence structure with the accusative with infinitive "eum commoveri" seems to support version R with Fateor as governing verb] 3 incurret R 4 quia R 5 Gellius l.o p.o c.o XIV. in marg. R Oration

of Bishop Enea of Siena, eloquent ambassador of His Serene Highness, Emperor Friedrich to the Supreme Pontiff, Nicholas V 0. Introduction 1 0.1. Captatio benevolentiae

si nunc ego, cui nec sententiae 2 suppetunt 3 , nec verba, quibus adiri tanta majestas debeat, sic turbarer ac pallerem, ut olim Lugdunensem 4 rhetor dicturus ad aram. Sed adjicit animum mihi tuae sanctitatis immensa benignitas atque indicibilis 5 humanitas, quae non solum magnos disertosque 6 viros, sed humiles et 7 indoctos aure inoffensa audire consuevit, morisque semper hujus sacri consistorii fuit non tantum verba loquentis quantum mittentis personam existimare. His accedit nobilis orationis materia, quae dubium

  8 est petenti utilior an concedenti gratior sit futura, cujus

1

In his oration to the newly elected Pope Calixtus III, in 1455, the ambassador of Florence, Archbishop Antonino, made heavy use of the introduction to Piccolomini's oration "Fateor", even to the point of quoting it directly, see Rainaldus, ad ann. 1455, nr. 21

2

Piccolomini may have borrowed this opening, "Fateor", from Leonardo Bruni's De re militari, which he knew and had used in his first oration, the "Audivi"

[1]

3 Colossians, 4, 6: Let your speech be always in grace seasoned with salt: that you may know how you ought to answer every man (sermo vester semper in gratia sale sit conditus ut sciatis quomodo oporteat vos unicuique respondere)

4

Jeronimus: Epistola ad Oceanum, (69), 2: Primum spinosulus noster obmutuit; postea vero Pisoniano vitio, cum loqui nesciret, tacere non potuit. MPL, XXII, col. 655. This is a reference to Cicero: In Pisonem Oratio, where Cicero criticizes Piso for his lack of eloquence 5 "auditorium" 6 Odysseus (Roman name Ulysses): a legendary Greek king of Ithaca and a hero of Homer's epic poem the Odyssey.

Odysseus also plays a key role in Homer's Iliad 7 Homer: In the Western classical tradition, Homer is the author of the Iliad and the Odyssey. Most modern researchers place Homer in the 7th or 8th centuries BC 8 Gellius, 1.15.3: Ulixen contra Homerus, virum sapienti facundia praeditum, vocem mittere ait non ex ore, sed ex pectore. See Homer: Iliad, 3.221

[2]

Quibus ex rebus nihil mirandum 1 esset,

tanta honestas est, tanta utilitas, ut absque oratoris adminiculo persuadere se ipsam facile queat.

	1 murandum R
	2 sine R
	3 suppectant R
	4 Lugdut nensemi R
	5 iudicibilis R
	6 discretosque FR
	7 ac FR

1 namque Caesarea futurus est sermo, quae res semper maxima et honestissima fuit, postquam sancta sedes apostolica imperatoriam dignitatem ex Graecorum gente in persona magnifici Caroli Magni transtulit ad Germanos.

  Cupiens enim serenissimus et 2 invictissimus princeps, divus3 Caesar Fridericus, Romanorum rex Augustus, tuae sanctitati obsequentissimus filius, more majorum in hac urbe Roma suae coronationis sollemnia celebrare, hos praestabiles viros et me pusillum tuam clementiam jussit accedere, rogaturos atque obsecraturos, ut {149v} ingenti ejus desiderio pio, justo atque honestissimo mos geratur.[4] Namque si tua sanctitas ejus coronationi navare operas voluerit, nihil morabitur Caesari, sed Alpibus 4 sine dilatione superatis tuam praesentiam festinus 5 adibit 6 , quae sunt 7 consuetudinis faciet8 , imperiales infulas ex tua sacra manu recipiet, festos dies laetamque sollemnitatem tecum aget, de rebus ecclesiae atque imperii salubriter dirigendis tuis consiliis auscultabit, teque sequetur faventibusque 9 denique superis 10 coronatus, alacer ac tibi plurimum obligatus in patriam revertetur.

	1 oratione R
	2 atque R
	3 divinus R
	4 a hominibus P; aliis omnibus FR
	5 festivus R
	6 adhibit R
	7 sim R
	8 facit R
	9 faventibus et R
	10 super his R

pro sui animi magnitudine minima censet. Nam etsi omni officio ac potius pietate erga Romanam ecclesiam tuamque

  3 , et regio culmini 4 ea vulgari non placet, quae

sanctitatem omnibus satisfaciat, devotioni tamen suae numquam satisfacit 5 . Ex hoc pietatis devotionisque fonte prorumpit tam propensa coronationis cupido {150r} atque petitio. Arbitratur enim regia

sublimitas opus esse divinae pietati acceptum, si quemadmodum in veteri testamento nunc prophetae, nunc summi sacerdotes 6 , nunc simul ambo reges 7 ungebant 8 , qui regerent 9 Israel et Judam, et sic 10 in tempore gratiae novaque lege Romani pontifices Christianos imperatores inungant 11

atque his diademata largiantur, qui plebem catholicam legibus tueantur et armis. Cujus rei non parvum signum esse videtur, quod

ex Germanis Caesaribus, qui per manus 12 primi pastoris inuncti 13 Romae coronatique sunt 14 , nullum comperimus violenta morte periisse

, cum tamen ex Italis et

15

Graecis imperatoribus maxima pars sic mortem

16

obierint

17

, ut verum esse firmaverint, quod Satyrico carmine expressum est:

Tria sunt enim Romani 3 imperii tempora, ex quo Julius Caesar rem populi vertit ad unum,

  1 quoque 2 consuetudo praemunivit. Italorum, Graecorum Germanorumque 4 . Praetereo Berengarium

et alios, qui apud Longobardos imperitarunt, neque enim

  tantum ditionis habuerunt tantumque juris, ut 5 imperatoriae 6 dignitatis 7 deberent titulis illustrari. Priores 8 quidem 9 imperatores contenti purpura perraro diadematibus utebantur, habentesque

regiae potestatis arbitrium invisae dignitatis nomen et insignia 10 postponebant, ne 11 cum corona simul et Tarquinii 12 superbiam, quasi jure postliminii, in urbem reducere viderentur

. Ex Graecis vero Caesaribus non est dubium, quin plerosque Constantinopolitani praesules coronis ornaverint. Ex

qua re, sicut 13 scribit Otto Frisingensis antistes, non futilis auctor

, usque adeo Constantinopolitana sedes intumuit, ut non

solum Alexandrinam 14 , sed Romanam quoque cathedram usque ad Phocam Caesarem et Bonifatium {150v} papam

	contenderit antecedere.
	1 vetus quoque : vetusque P
	2 omit. FR
	3 Roma R
	4 Germanorum P, R
	5 omit. R
	6 imperatoris R
	7 dignitate R
	8 prioresque P
	9 omit. P, FR
	10 insigna R
	11 nunc R
	12 Tarquini et P; Tarquini R
	13 sic P

14

em.; Alexandriam P, R, FR

principes, victis ac domitis Longobardis, qui Romanam ecclesiam lacessebant

  , imperare coeperunt, irrefragabilis consuetudo coronationis inolevit, quam servare nunc Caesarem permaxime decet. Cumque Germana nobilitas 1 ex Apostolicae sedis beneficientia suaque diligentia et humilitate 2 imperatoriam dignitatem obtinuerit, quam Graeci superbia et ignavia ac forsitan haeresi perdiderunt, non solum debitum, sed necessarium esse videtur a Romano pontifice coronam expetere,

	Unruoching family
	3 i.e. crowns
	4 "arbitrium"
	5 "dignitas"
	6 Tarquinius Superbus, Lucius (535-495 BC): the legendary seventh and final king of Rome, reigning from 535 BC until
	the uprising in 509 BC that led to the establishment of the Roman Republic
	7 Otto of Freising (ca. 1114-1158): German churchman and chronicler. Bishop of Freising from 1138
	8 After Emperor Constantine I transferred the capital of the Roman Empire to Byzantium (324-330), the bishop of that
	city became an important ecclesiastical figure and eventually one of the patriarchs of the Christian Church

1

Julius Caesar, Gaius (100-44 BC): Roman general and statesman

2

Berengar I (c. 845-924): King of Italy from 887, and Holy Roman Emperor after 915, until his death. Of the Frankish 9 Nikephoros II Phokas (ca. 912-969): Byzantine Emperor from 963 to 969. His brilliant military exploits contributed to the resurgence of Byzantine Empire in the 10th century.

10

Presumably Bonifatius VII

(Franco Ferrucci (d. 985

): antipope (974, 984-985)

11

The Patriarchate of Alexandria

[START_REF][END_REF]

At postquam Germani

ut illi perpetua reddatur reverentia, a quo praecipua recepta est eminentia, cum

	nihil ex tota philosophia magis 3 sit debitum quam gratitudo. Ex quo fit,
	ut non solum devotione, sed consuetudine ac jure debito majestas imperatoria coronam deposcat.
	[10] Conjungitur et 4 hisce causis 5 publicae utilitatis ratio. Multa enim inter vos 6 simul convenientes
	tractari concludique poterunt Christiano populo salubria, quae per legatos inter absentes difficile
	peragerentur. Absoluta est jam 7 prima quaestio, et quid Caesarem moveat diadema poscere 8 , satis
	intelligimus.
	1 et add. R
	2 humilitatem R
	3 omit. P, FR
	4 omit. R
	5 omit. R
	6 nos P, FR
	7 est jam : jam est R
	8 poposcere P, R

1

  By late 572 the Lombard tribes had conquered all the principal cities north of the Po River. They established a Lombard Kingdom in Italy which was conquered in by the Frankish King Charlemagne and integrated into his Empire 2 "publicae"[11] Videamus modo quamobrem coronatio tam diu protelata sit. Duorum hic temporum, postquam Caesar acceptavit imperium, habenda est ratio 1 : alterum sub Eugenio lapsum est, alterum te pontifice. Optavit Caesar coronam sub Eugenio 2 recipere,

nec Eugenius erat aversus, namque qui 3 Sigismundi caput ornarat, Friderici quoque verticem gemmis et auro redimere percupidus erat, ut sic duorum Caesarum pater maximus coronatorque 4 diceretur, quod hactenus contigisse reperio nemini. Sed

	viguit illius tempore ecclesiastica divisio, neutralitatisque
	novitas Germaniam occupavit. Nec Caesari, nec papae ex usu fuit nisi deposita neutralitate de
	coronatione transigere. Difficile fuit 5 -ut nosti -rem jam vetustam ac multis quaestuosam {151r}
	relinquere. Sed cum vicisset perseverantia Caesaris -quid enim perseveranti non demum paret? -
	cumque restituta fuisset oboedientia Romanae ecclesiae 6 , jamque tractandum de coronatione
	videretur, mox Eugenius diem clausit, speratamque Caesari coronationis sollemnitatem 7 ademit.
	Atque sic primum tempus sine culpa defluxit 8 .
	1 oratio P
	2 coronam sub Eugenio : sub Eugenio coronam R
	3 omit. R
	4 omit. P, FR
	5 nisi … fuit omit. P, FR
	6 Romanae ecclesiae : ecclesiae Romanae P, FR
	7 coronationis sollemnitatem : coronationem P, FR
	8 refluxit FR

Austriae principatus, sed Bavariam, Sueviam, Franconiam Rhenique florentissimas regiones atque ipsum Christiantatis cor, caedibus

  Neque secundum arguendum est, namque, ut primum tua sanctitas 1 divi 2 Petri cathedram ascendit, missi sunt oratores, qui te jussu Caesaris more3 Christiano pontificem maximum salutarent, oboedientiam tibi praeberent, ac tecum de coronatione peragerent4 . Sed cum spes esset te suadente quam celerrime Caesarem adventare, exorta extemplo est 5 saeva belli tempestas, quae non solum divites , rapinis, incendiis atque omni calamitatis6 genere vexavit,

	[12]
	1 Eugenius IV (Gabriele Condulmer): 1383-1447): Pope from 1431 to his death
	2 Hufnagel, p. 320
	3 Sigismund of Luxemburg (1368-1437): King of Hungary and Croatia from 1387, King of Bohemia from 1419, and
	crowned Holy Roman Emperor in 1433 4 I.e. the schism that arose when the Council of Basel refused to be transferred to Italy by Pope Eugenius IV and
	elected its own antipope in 1439. The schism lasted until 1449
	5 In 1438 the German Nation declared its neutrality between Pope Eugenius IV and the Council of Basel. The state of
	Neutrality ended when the German Nation recognized Eugenius IV as Pope in 1447
	6 "quaestuosus"

nobilissimosque 7 principes et potentissimas civitates dira, nova et 8 inaudita discordiarum feritate concussit. Ad quas res sedandas necessarium fuit imperatoriam majestatem in partibus Alamaniae remanere, quia non tam dispendiosa coronationis, quam pacis dilatio videbatur. Atque

	sic coronationis sollemnitas necessario 9 dilata
	est, cui jam dari opera potest, quando, qui dissidebant omnes, arbitrio Caesaris pace facta se
	commiserunt. Atque hoc satis de coronationis dilatione sit dictum.
	1 sanctitatis R
	2 divini R
	3 in orbe FR
	4 ac tecum … peragerent omit. P, FR
	5 omit. P, FR
	6 calamitate R
	7 nobilissimos P, FR
	8 omit. P, FR
	9 omit. FR

Plerique mortales, si rem hanc suasuri 1 venissent, omnes orationis nervos circa gloriam collocassent. Dixissent enim, ut arbitror: "Cum divisam ecclesiam, pater sanctissime, multis magnisque curis ad unionem redegeris, cum plurimas haereses extirpaveris, cum pacem inter Christifideles summo studio servaveris, cum fana et urbis disjecta moenia grandi sumptu reparaveris, cum patrimonium ecclesiae undique direptum dissipatumque vendicaveris 2 , {151v} cum remissionis annum Christiano populo dulcissimum expectatissimumque concesseris, quid amplius ad cumulum 3 tuae gloriae quaerendum est, quam ut Caesareo capiti coronam imponas?

  13] Nunc tertio loco pensandum est, quod Caesar exquirit, tuaene sit sanctitatis annuere.

	Tua est haec gloria magis quam Caesaris. Apostolicae sedis hic honor est, et 4 beato Petro haec
	dignitas reservatur. Audi Caesarem, fac quod petitur, sic
	Semper honos nomenque tuum laudesque manebunt."
	1 suasum P, FR
	2 vindicaveris R
	3 tumulum P
	4 omit. P, FR

Contemnat quicumque velit coronas 8 , gemmas, aurum, purpuras, pomum, gladium, unctionem, consecrationem, ceremonias, pompas. Is certe, quamvis subagrestis est, inficiari tamen non potest 9 , quin tuae

  7 , tibi et apostolicae sedi benivolam parentemque retinebit.

	sanctitati et apostolicae majestati conducat
	coronatum Caesarem in amicitias foedusque tuum esse receptum. Namque si vetera
	meminerimus, tunc ecclesiam floruisse, tunc imperium viguisse constabit, cum Romani pontifices
	atque Caesares unanimes extiterunt. Essent 10 fortasse nonnulli, qui diverso calle procedentes
	soliusque boni et aequi juribus utentes, minime negandum dicerent moderno principi, quod priscis
	Caesaribus ultro fuisset oblatum; servandas esse consuetudines; quod semel promissum esset
	rebus immutatis minime violandum; benemeritum de Romana ecclesia Caesarem omnibus
	beneficiis atque honoribus cumulandum.
	1 sanctissime pater quas : quas sanctissime pater FR
	2 venit R
	3 divinus R
	4 praebit R
	5 regis R
	6 omit. P, FR
	7 redundantem P, R
	8 coronam R
	9 poterit R
	10 et add. R

1.3.2. Benefit

1.3.3. Justice

	[15]
	Others again, following a different path, are only concerned with what is right and lawful. They
	would say that you cannot deny the present emperor what was granted to the former emperors;
	that customs must be observed; that a promise once made should not be unmade if the
	circumstances have not changed; and that an emperor who deserves so much of the Roman
	Church should be covered with favours and honours.

At 1 nos qua

  via incedemus? Illosne sequi libet, qui 2 gloriae cupiditatem ingerunt? Nihil minus. {152r} Absit a nobis vitium3

gentilitatis, quae ut 4 laudis animal 5 ac ventosae gloriae mancipium nisi ad populares auras et inanes rumusculos recte facere nihil novit. Nos, qui Christiani sumus ac non solum apud Christianos agimus, sed coram omnium Christianorum capite, duce, magistro rectoreque stamus, non oratorem, qui dixit: "Honos alit artes, omnesque incendimur 6 ad studia gloria," sed apostolum potius imitari debemus, qui ait: "Gloria nostra haec est testimonium conscientiae nostrae." Nec nos latet tuam sanctitatem divina sapientia praeditam, bonum solum non populari rumore, sed conscientiae veritate 7 metiri.

	[16] Quid igitur ab utilitate arguemus? An ex debito, quia consuetum, justum, promissum?
	Equidem licet his potentissimis 8 fundamentis suadere 9 res soleat 10 , mihi 11 tamen haec omnia
	relinquenda videntur. Frustra enim suasibus utitur, qui supplicat sapienti. Novit suapte ingenio
	sapiens concessu an refutatu digna sint 12 , quae 13 petuntur 14 , nec verborum falli lenocinio potest.
	Nos 15 igitur, qui coram sapientissimo principe, coram prudentissimo orbis terrae senatu, coram
	luminibus et intellectu mundi, coram tanta majestate, tanta doctrina, tanta rerum peritia
	sermonem habemus, satis esse putamus nudis verbis imperatoriae sublimitatis petitionem
	exposuisse. Scimus enim, si recta 16 petimus, nihil nobis negatum iri; sin 17 minus, fascinare 18 verbis
	summae prudentiae oculos aut oratione verum pervertere non valemus. In hac igitur parte, quae
	tuae sanctitatis examinanda judicio est, nullas suasiones adjicimus 19 , sed arbitrio tuo totum
	relinquimus, ex quo nec justa diffidimus obtinere, nec speramus injusta.
	1 ac P
	2 quam R
	3 initium P, FR
	4 ait R
	5 animalis P, FR
	6 incedimur R
	7 veritati R
	8 potissime R
	9 suaderi R
	10 soleant R
	11 non FR
	12 fuit R
	13 omit. R
	14 potuntur R
	15 hos P
	16 recte R
	17 si P
	18 festinare P
	19 adhibemus FR

1.3.4. Rejection of the arguments of glory, benefit and justice

  1 , idque finem orationi 2 praebebit. Quae hactenus dicta sunt 3 , beatissime pater, commisit nobis imperatoria majestas, priusquam suo ex conspectu recederemus. Quae nunc dicturi sumus, per novas et urgentes litteras in mandatis accepimus. Ea nec parva nec contemnenda sunt, sed digna tuis auribus et hoc sacerrimo coetu.

	3. Ecumenical council [20] Sed quod generale concilium? Verum generale concilium, non abortivum, non adulterinum,
	non contentiosum, non ambitiosum; concilium, in quo minora membra majoribus pareant, in quo
	De concilio namque generali deque 4 loco conventus habendi dicendum est nobis, ex quibus rebus magna potest utilitas redundare. Licet enim sub te vero capite veroque Jesu Christi vicario unita sit ecclesia, plurima tamen sunt, propter quae necessaria videtur conventio episcoporum 5 generalis. Dissident Christiani principes quammulti: concordia quaerenda est. Labascunt et 6 cleri 7 et populi mores: investiganda modestia. Oppressam ecclesiam quamplurimi lacessunt 8 : recuperanda libertas. Ad quas res licet tua satis sit 9 auctoritas, non tamen executio sine conventu praelatorum consensuque 10 principum facile potest haberi. Cupit igitur generale concilium Caesar, {153r} ut haec fiant. nullum sit membrum, quod suo capiti non consentiat; concilium, inquam, quod non 1 de clavibus [19] And now , as promised, I come to the second added issue and with this I shall conclude my summi pastoris disputet 2 , sed pro communi utilitate invigilet. Summa est Romani praesulis oration. What I have said so far, Holy Father, was by direct instruction of His Imperial Majesty auctoritas: quid attinet disputare? Omnis potestas ecclesiae 3 a Christo principe per Romanum given to me before we left his presence. What we are coming to now, we have been instructed to pontificem veluti 4 caput in cetera mystici 5 corporis membra derivatur atque diffunditur. Haec say by new and urgent letters. They are neither small nor unimportant matters, but worthy of your professio Caesaris, haec fides est. Evangelio credit et oraculis Jesu Christi. Scit 6 Petro et ears and of this holy assembly. For we must now speak of the general council and about its venue, successoribus suis 7 dictum esse a domino: Tu es Petrus, et super hanc petram aedificabo ecclesiam matters that may be of great benefit. Though the Church is now united under you as its head and meam, et portae inferi non 8 praevalebunt adversus eam: et tibi dabo claves regni caelorum, et as true Vicar of Christ, there are still a number of oustanding issues that would seem to require a quodcumque 9 ligaveris super terram, erit ligatum et in caelis; et tu vocaberis Cephas; et 10 pasce general meeting of bishops. Many Christian princes are in open conflict: concord must be sought. oves meas; et duc in altum rete, et cetera ejusmodi 11 , quibus referti sunt evangeliorum codices. The morals of both clergy and laity are rapidly deteriorating: morals must be restored. Many Ultraque 12 quisquis aliud 13 quaerit, tenebras et 14 non lucem quaerit 15 , stultitor eo, qui sub 16 aperto oppress the Church: its liberty must be regained. Though your own authority is sufficient for ferventique sole commentitium 17 lumen accendit. Ceterum quia 18 majestas imperatoria non ad dealing with these issues, the implementation of [any measures] is not easy without a meeting of potentiam exercendam, sed ad fidem tuendam communeque bonum 19 promovendum 20 tibique prelates and the agreement of the princes. Therefore, the emperor wishes for a general council to assistendum interesse concilio 21 decrevit, coronam prius accipere 22 cupit, quam concilium facilitate matters. convocetur; indici 23 antequam coronetur, neque petit, neque suadet, neque gratum haberet.
	Expedit enim admodum rebus agendis coronatum Caesarem ac tibi juratum in concilio penes te
	sedere, tibique 24 assistere, tuisque decretis favorem impendere.
	1 omit. R
	2 disputat P
	3 omit. R
	4 velut R
	5 mystica P, FR
	6 sit R
	7 vel ejus R
	8 omit. R
	9 quocumque R
	10 omit. FR
	11 hujuscemodi R
	12 ultra quem FR
	13 alium FR
	14 omit. P
	1 promissi R 15 et non lucem quaerit : quaerit non lucem FR
	2 omit. R 16 omit. P, FR
	3 dicta sunt : sunt dicta R 17 commenticum P; comenticum R
	4 de quo R 18 ceterum quia : ceterumque R
	5 conventio episcoporum : episcoporum conventio R 19 communeque bonum : commune bonumque P, FR
	6 omit. P, FR 20 promovendi R
	7 clerici R 21 omit. P, FR
	8 lacescunt et R 22 recipere R
	9 satis sit : sit satis R 23 iudici R
	10 consensusque P, FR 24 tibi P, R

III. TEXT AND TRANSLATION: FINAL VERSION Oratio Aeneae Silvii Picolominei Senensis qui postea pontificatum maximum adeptus Pius II. appellatus est de coronatione Caesaris habita Romae 1 coram Nicolao V. pontifice maximo 2 [23] {86v} Fateor, maxime pontifex, eum qui coram tua sanctitate loquatur non immerito commoveri, cum propter celsitudinem throni tui, quo nullus est in terris altior, tum propter ingenium tuum divino dono aureum, et omni doctrinarum genere fecundum. In cujus praesentia qui verba facit, nisi juxta praeceptum apostoli sermonem habuerit sale conditum, notam Pisonis incurrit, de quo scribit Jeronimus, quia cum loqui nesciret, tacere non potuit. In hoc enim orbis terrae primo maximoque auditorio non futiles et inanes locutores, sed facundi oratores audiendi sunt Ulixique pares, quem sapienti facundia praeditum vocem, ait Homerus, non ex ore mittere, sed ex pectore. Oration of Enea Silvio Piccolomini of Siena, who later became Supreme Pontiff under the name of Pius II, on the coronation of the Emperor, held in Rome before Supreme Pontiff Nicholas V 1. Introduction 1.1. Captatio benevolentiae

24] Quibus ex rebus nihil mirum esset, si nunc ego, cui nec sententiae, nec verba suppetunt, quibus adiri tanta majestas debeat, sic turbarer ac pallerem, ut nudis pressit, qui calcibus anguem, aut Lugdunensem 1 rhetor dicturus ad aram. Sed adjicit animum mihi tuae sanctitatis 2 immensa benignitas atque indicibilis humanitas, quae non solum magnos disertosque viros, sed humiles et indoctos aure inoffensa audire consuevit. Morisque semper hujus sacri consistorii fuit, non tantum verba loquentis, quantum mittentis personam existimare. His accedit nobilis orationis materia, quae

  ut dicenti facilis erit, sic audienti se gratam suavemque praebebit,

cujus tanta honestas est, tanta utilitas, ut absque oratoris adminiculo facile persuadere se ipsam queat.

25] De coronatione namque divi

  Caesaris Friderici, Romanorum {87r} regis Augusti, invicti, atque triumphatoris, filii tui non minus devoti quam dilecti,

futurus est sermo. Coronatio vero Caesarum 1 semper maxima et 2 honestissima judicata 3 est, postquam sancta sedes apostolica imperatoriam dignitatem ex Graecorum gente in personam magnifici Caroli magni transtulit ad Germanos.

	Secus autem prius fuerat.
	[26]

Tria sunt enim Romani Imperii tempora, ex quo Julius Caesar rem populi vertit ad unum.

	Primum est ab Augusto usque ad Constantinum superiorem, quando imperium apud Italos mansit
	annis 4 , ut quidam tradunt, undecim et trecentis. Alterum est a Constantino usque ad Carolum
	Magnum, cum X et quingentis annis apud Graecos 5 imperatum est. Tertium tempus est de Carolo
	Magno usque af Fridericum praesentem 6 , in quo supputantur anni XXXVII et sexcenti 7 , quibus
	Romanum imperium penes Germanos administratum est. Omitto

Berengarium et alios, qui apud Longobardos imperitarunt, neque enim digni fuerunt, qui tantae dignitatis deberent titulis illustrari. [cont.]

	1 Caesaris G
	2 atque G
	3 indicata C
	4 Imperium apud Italos in marg. D, G
	5 Apud Grecos in marg. D, G
	6 presentem corr. ex modernum C
	7 Apud Germanos in marg. D, G

Priores quidem imperatores diadematibus abstinebant, habentesque 1 regiae potestatis arbitrium, dignitatis nomen et insignia postponebant, ne cum corona simul et Tarquinii 2 superbiam quasi jure postliminii in urbem reducere viderentur. At postquam Graecis imperare

  [START_REF]Vivere 1 te cupimus longos, Alphonse, per annos, Aurea quo nobis saecula rege patent[END_REF] After Julius Caesar united the state under one ruler, the Roman Empire has gone through three phases. The first one began with Augustus and ended with the first Constantine, when the Empire was in the hands of the Italians for, as some report, for 311 years. The second one began with Constantine and ended with Charlemagne, lasting for 510 years during which the Greeks ruled. And the third one began with Charlemagne and has lasted until Friedrich, the present emperor, calculated as 637 years, during which the Empire has been ruled by the Germans. It continued from Charlemagne to the present Emperor Friedrich. I pass over Berengarius and the other Lombard rulers as they were not worthy of being distinguished with the titles of this great office. [cont.] permissum est, sollemnitas coronationis irrepit3 4 . Diadema tamen Caesaribus non Romani pontifices, sed

	[27]

Constantinopolitani praesules conferebant. Ex qua re -sicut scribit Otto Frisingensis antistes, non futilis auctor -in tantum sedes Constantinopolitana sese extulit, ut non solum Alexandrinam, sed Romanam quoque usque ad Focam Caesarem et Bonifacium papam praecedere non erubuerit. Verum cum Germani principes, victis ac domitis Longobardis, qui Romanae ecclesiae

	insultabant, saepius summis pontificibus auxilia praebuissent, atque idcirco
	per apostolicam sedem potestate Caesarea et imperii fascibus ceteris gentibus praelati fuissent, ut
	sicut jure merito imperium adepti fuerant, sic retinere dignissime viderentur, post largas ac
	magnificas donationes Romanae ecclesiae factas, non solum coronari, sed inungi quoque,
	consecrarique Romae per Christi vicarium voluerunt 5 ,

ut illi perpetuam redderent reverentiam, a quo praecipuam susceperant eminentiam. Hinc

	Caroli, Ludovici, Lotharii, Ottones, Henrici,
	Friderici, et alii complures frequenter, superatis alpibus, Italiam ingressi, non sine grandi devotione
	in basilica principis apostolorum imperatorias infulas susceperunt.
	[28]

Quorum vestigia modo subsequens Caesarea sublimitas hos collegas, fratresque meos, et me servum tuum ad tuam beatitudinem destinavit, tria dumtaxat exposituros: primo, quod fuerit hactenus ejus desiderium circa coronationis negotium; secundo, cur tam {87v} diu dilatum fuerit; tertio, quid 6 nunc ex tua sanctitate petatur, quas res tanto brevius referemus quanto beatitudini tuae notiores esse confidimus.

	1 habentisque G
	2 Tarquini i A; Tarquini B, C, D
	3 irrepsit D, G
	4 Solemnitas coronationis apud Grecos in marg. D, G
	5 Germani in urbe coronari voluerunt in marg. D, G
	6 quod D

Atque, ut primum quam paucis absolvamus: Non expedit tuae sanctitati referre qua virtute, quibus dotibus regia majestas praedita sit, nosti enim quia juste imperat; quia non extollitur aut sanguinis nobilitate aut dignitatis sublimitate; quia non magis terrenum quam caeleste regnum diligit; quia imperium suum tanto futurum altius putat, quanto circa sacerdotium submissius sese habet, nec felicius sibi quidquam arbitratur quam Deo, quam fidei, quam sedi apostolicae famulari. Ob quam causam nullos labores hactenus, nullos sumptus effugit, ut antecessori tuo sanctae recordationis Eugenio tuaeque sanctitati, quando necessitas incubuit 1 , subveniret. Namque cum Sabaudiensibus procellis divi Petri navicula quateretur, Basiliensibusque fluctibus 2 inundaretur Ecclesia, neutralitatis quoque tempestatis malum apostolicae navis impelleret, quis alius Romano pontifici suffragatus est, quam regiae sublimitatis inconcussa devotio, quae neutralitatem extinxit, Romanae sedi Germanos conciliavit, Basilienses ex Alamania pepulit, nidum schismatis evulsit, viamque facilem praebuit, qua demum integra posset unio reperiri? Possem multa

  referre regiae sublimitatis egregia laudandaque facinora, quibus et religio nostri Caesaris, et pietas, et zelus maximus erga Romanam sedem hactenus patuere, quae scienti supervacuo narrarentur, nec regia majestas ea vulgari cupit,

	[29]
	Following in their footsteps, His Imperial Highness has now sent me, your servant, and my
	colleagues and brothers to Your Holiness in order to set forth three things: firstly, what has been
	his intention concerning the coronation until now; secondly, why it has been delayed for so long
	time; and thirdly, what he now asks from Your Holiness. These things we shall relate only briefly
	since we trust that they are well-known to Your Holiness.

quae pro sui animi magnitudine minima censet. Nam etsi omni officio ac potius pietate erga sanctam Romanam ecclesiam divinumque cultum omnibus satisfacit, sibi tamen ipsi numquam satisfacit.

	1 succubuit G
	2 fluctus A, C

quod ex Germanis Caesaribus, qui per manus primi pastoris inuncti 1 Romae coronatique sunt, usque in hanc diem nullum reperimus violenta morte perisse. At

  30] At cum menti suae semper insederit ea totis conatibus prosequi, quae Deo placeant, inter alia, quae post accepta Caesareae dignitatis gubernacula ferventi animo desideravit, illud non in postremis fuit, ut ex vicario Jesu Christi veroque piscatoris successore augustale diadema referret. Quam rem Deo placitam et acceptissimam esse ex eo maxime colligi potest,

	ex primis imperatoribus, quibus neque fides, neque
	unctio, neque coronatio cordi fuit, media pars gladio periit. Ex Graecis vero, quamvis Christiani 2
	plerumque fuerunt, Romae tamen minime coronati alii suspendio, alii incendio, alii gladio vitam
	finierunt, aliis oculis eruti sunt, alii sibi manus consciverunt, verumque illud in se monstrarunt,
	quod

Ad generum Cereris sine caede, et vulnere pauci Descendunt reges, et sicca morte tyranni.

	1 invicti B
	2 Christianis B

31] Arbitrata est igitur regia sublimitas opus esse divinae pietati {88r} acceptum, si quemadmodum in veteri testamento nunc prophetae, nunc summi sacerdotes, nunc simul ambo reges ungebant, qui regerent Israel et Judam, sic et in tempore gratiae novaque lege Romani pontifices Christianos imperatores inungant, qui plebem catholicam legibus tueantur et armis.

	Atque idcirco summum sibi desiderium fuit, quam citius posset juxta morem Germanorum
	principum Romanae coronationis insignibus illustrari, eoque modo et apostolicam sedem et
	imperium sacrum condignis honoribus prosequi. Habes jam regiae sublimitatis desiderium.
	[32] Nunc cur tam diu dilatum sit docendum arbitror, ne sibi plerique blandiantur, qui ubi
	loquendum est tacent, ubi tacendum est, clamant. Sunt enim nonnulli, qui postquam de
	coronatione incoeptat sermo: "Cur," inquiunt, "non primo lustro imperiales infulas accepturus
	venit, si tanta cupido inerat? Aut si voluntas defuit, unde hic novus appetitus post duo lustra?
	Unde nova isthaec 1 religio?" Paulus apostolus apud Festum detentus, cum causam suam dicere
	jussus esset, beatum se dicebat, quod apud Agrippam loqueretur, suarum consuetudinum et
	ceremoniarum non ignarum. Noverat enim tantum oratoris verba proficere, quantum judicis
	providentia cognovisset. Atque hoc est, quod Isaias 2 ait: Beatus, qui in aures loquitur audientis. Erit
	igitur et mihi pars felicitatis, quoniam omnia nota sunt tuae sanctitati, quae referam.

Nec Eugenius alienus erat, nam qui Sigismundo Caesari diadema imposuerat, Friderico quoque imponere cupiebat, ut duorum Caesarum pater coronatorque diceretur, quod hactenus nemini reperio contigisse. Sed sunt

	cogitationes mortalium timidae et incertae
	providentiae nostrae. Obstabat coronationi neutralitas, qua propter divisionem ecclesiae Germani
	principes tenebantur, ad cujus sublationem antiquius videbatur regiae sapientiae prius navare
	operas, quam diadema reciperetur imperiale, non immemori 1 legis illius, quam tradit Aristoteles,
	in hunc modum sanxisse Solonem 2 : Qui in eo tempore in eoque casu civilis discordiae non alterutra
	parte sese adjunxerit, sed solitarius separatusque a communi malo civitatis secesserit, is domo,
	patria, fortunisque omnibus careto, exul extorrisque esto.
	[34] Sed abolita neutralitate et oboedientia sedi apostolicae restituta, adduxit mox dominus
	urentem ventum de deserto, qui pontificem nobis illum eripuit celsumque caput morte involvit, ac
	spem datam coronationis novo genere calamitatis abduxit. Diceret hic gentilis: obstitit fortuna
	omnipotens et ineluctabile fatum. Nec ego abnuerim, si omissa Chrysippi diffinitione, {88v} fatum 3
	recte praescripserimus, atque ordinem esse dixerimus inevitabili connexione procedentem, qui de
	providentiae divinae fonte descendens, cuncta suis locis temporibusque disponit. Deus enim, qui
	omnia creavit, nullo pacto credendus est, quae faciant homines a suae providentiae legibus
	alienasse, sed tuae sanctitati potius hanc coronationis gloriam reservasse. Ex quo fit, ut Eugenio
	vivente nihil sit, quod per regiam majestatem possit videri neglectum.

1 immemor C 2 Lex Solonis in marg. D, G

sed in Svevia, Franconia, Bavaria, Rhenique florentissimis regionibus atque in ipso Christianitatis corde nova, inaudita,

  1 [36] At cor hominis, ut inquit sapiens 1 , disponit viam, sed domini est dirigere gressus ejus. Emerserunt e vestigio novi tumultus, qui principatus Austriae miris modis infestaverunt tamque 2 multiplices et variae novitates inundarunt, ut in modum Hydrae amputata discidiorum capita septiplicari viderentur. Nec solum in Austria turbulentae res proruerunt,

	inexcogitata, intolerabilia discordiarum incendia sunt exorta, quae nobilissimos principes ac
	potentissimas civitates in bellum traxere. Forsitan corruptos hominum mores, ut Augustinus ait,
	bellorum fulminibus emendare divina providentia voluit. Sic enim per prophetam minatur
	dominus: Visitabo in virga ferrea iniquitates eorum, et in flagellis peccata eorum.
	[37] Quae res

necessario majestatem regiam in partibus Alamaniae 3 tenuerunt

	, ut pacem prius
	componeret inter subditos, quam nationis terminos egrederetur. Ob quam rem mirari neminem
	decet, si tanto tempore coronatio suspensionem accepit, nec enim tam dispendiosa coronationis
	quam communis pacis dilatio videbatur. Instant tamen adhuc adversantes, Romanumque
	principem non solum praesentia, sed futura quoque pensiculate et enucleate praemeditari
	oportere contendunt, nec imperanti fas putant dicere: Non putaram. Sed non est hominis futura
	praenoscere. Nescia mens hominum fati sortisque futurae. Et iterum: quid crastina volverit aetas
	scire 4 nefas homini.
	1 Sapiens in marg. D, G
	2 tanquam C
	3 em. [following the Early Version]
	4 scires B; sciri C

mortales, si rem hanc suasuri venissent, omnes orationis nervos circa gloriam collocassent. Dixissent enim, ut arbitror: "Cum divisam ecclesiam, pater sanctissime, multis curis ad unionem reduxeris, cum plurimas haereses extirpaveris

41] Plerique , cum fidei nostrae cultum ampliaveris, cum pacem inter {89v} Christifideles summo studio seminaveris, cum

fana et urbis disjecta moenia reparaveris, cum patrimonium ecclesiae undique direptum dissipatumque vendicaveris, cum remissionis annum Christiano populo dulcissimum expectatissimumque concesseris, quid amplius ad cumulum gloriae tuae restat, nisi ut Caesareo capiti coronam imponas? Audi Caesarem, fac quod petitur.

	Stat sua cuique dies, breve et irreparabile tempus
	omnibus est vitae, sed famam extendere factis
	hoc virtutis opus.

Sic semper honos nomenque tuum laudesque manebunt."

Sed fuit haec gentilitatis detestanda consuetudo, quae nisi ad populares auras et inanes rumusculos recte quidquam agere nescivit

1

, laudis animal et ventosae gloriae mancipium.

[42] At nos qui Christiani dogmatis sectatores sumus, et non solum apud Christianos agimus, sed coram omnium Christianorum capite, rectore, duceque stamus, non oratorem,

qui dixit Honos alit artes, omnesque incendimur ad studia gloria 2 , sed apostolum potius imitari debemus, qui ait: Gloria nostra haec est testimonium conscientiae nostrae. Nec nos latet sanctitatem tuam singulari sapientia praeditam bonum suum non populari rumore, sed conscientiae veritate metiri

. Relinquimus igitur vana laudis nomina, remquem nudam coram tua sanctitate ponentes non ambigimus, quin ejus honestatem utilitatemque pensites multumque Christiane reipublicae conducere videas, si regia majestas ad tuam praesentiam proficiscatur deque rebus ecclesiae atque imperii resarciendis cum tua sanctitate conveniat.

  44] Ceterum, quia non est opus verbis, ubi se res ipsa suadet, ac prius concessa quam petita videtur, satis esse censemus, et quod fuerit regium desiderium, et cur dilationes intercesserint, et quid tandem petatur strictim cursimque narravisse. In quibus rebus, si tua sanctitas, ut spem gerimus indubiam, sublimitati regiae morem gesserit, memori et gratissimo principi complacebit.

1

Christianitati judicaverimus salutarem? Contemnat quicumque velit coronationem, aurum, gemmas, purpuras, pomum, gladium, unctionem, consecrationem, ceremonias, pompas. Is certe, quamvis agrestis est et ingenio duro, negare tamen non poterit, quin usui sit Christiano populo multumque commoditatis adducat utriusque gladii concursus, et Romani pontificis ac Caesaris unitas, quae tunc solida certissimaque habetur, quando per coronationis sollemnitatem alter alteri individua caritatis affectione connectitur.

[Merita quamvis erga sedem apostolicam maxima sint, tamen majora sequentur, et ante Ararim Parthus bibet aut 2 Germania Tigrim, {90r} quam tuae sanctitatis imago tuaque virtus ex suo pectore dilabatur.

  3 HB, I, p. 02 4 At cum Fridericus imperialis coronae suscipiende gratia Italiam petere statuisset, rursus Bohemi, Hungari et Austriales legationibus seorsum missis imperatorem fatigavere Ladislaum reposcentes. Postulata omnibus negata sunt. Ad Bohemos, qui ea de re conventum Prage habituri erant ac ferocius agere videbantur regem alium electuri, nisi mos eis gereretur, legatos mittere placuit, quibus et nos additi sumus. Provinciales, quibus apud Pragam dies statuta fuerat, crassante illic peste, in Beneschavia convenere. Quos in frequenti conventu presidente Georgio Pogiebratio in hunc modum allocuti sumus: "Petivistis ex Caesare [here follows the oration as given below]." Vero similis oratio visa neque sine favore excepta est. Acceptiorem Procopius, noster collega, reddidit, qui patrio sermone latine lingue ignaris verba nostra interpretatus est. Iussi sumus ex conventu paululum abire. Mox revocatis responsum datum: Reddite imperatori gratiae, qui eam legationem misisset atque in dimittendo rege Bohemos preferre ceteris. Accipere se bene consulta Some years later, Piccolomini, now Pope Pius II, wrote in his Commentarii:

of Enea Silvio, Bishop of Siena, at the command of Emperor Friderich, to the Bohemians requesting King Ladislaus 1.

  {13r} Petivistis ex Caesare, viri Bohemi, Ladislaum, quondam regis 2 vestri filium, ad vos mitti. Idem Hungari, idem Austriales importunis precibus exigunt. Si vobis mos geritur, illos offendere necesse est. Si preces aliorum audiantur, contemnere vestras oportet. Si necessarium sit alterum ex duobus, vestram amicitiam praeferret 3 imperator. Vetus est enim majorum suorum cum Bohemica gente foedus. Et acceptorum ultro citroque beneficiorum memoria recens. Sin virtus claritasque pensitenda est, quis Bohemico nomini non invideat, cujus victorias tempestate nostra plures numerare licet, quam reliquae gentes omnibus saeculis comparare potuerint. Verum Caesari hoc tempore in hanc electionem haudquaquam necessarium descendendum 4 videtur, quando ea pueri aetas est, quae neque vobis neque Hungaris usui esse potest.

1

Oratio … postulantes : AEneae Sylvii Oratio ad Bohemos MU 2 quondam regis : regis quondam HB, MU

3

praeferet HB 4 haudquaquam … descendendum : descendere haudquaquam necessarium HB, MU Oration

  Moreover, I see that among you there are many noblemen who are almost equal in sagacity, authority and wealth. But the care of the king must be entrusted to one among them, not to all.

	[3]
	2 semina MU
	3 fomitem vobis : vobis fomitem HB, MU
	4 in add. MU
	5 et add. HB, MU
	6 omit. MU
	7 in add. MU
	8 erant HB
	9 quia MU
	10 mittite W

9

natum apud se regem coronatumque dicent. Apud Caesarem vestra causa longe justior est quam Hungarorum. Se ipsum tamen in cura patruelis vobis praefert. Curate regnum. Pupillum sibi dimittite 10 , quem, postquam pubes fuerit, vobis in primis credet.

1

sibi honorem : honorem sibi MU

  1 esse, id magis terroris incutiendi causa dictum imperator existimat, quam quod animo vestro ea sententia sedeat. Neque enim vestra fides incorrupta prius hoc repromittit neque progenitorum Ladislai in vos collata beneficia hoc exigunt nec innocens ejus aetas quicquam demeruit. Ceterum volvite animo prius, ut sapientes decet, quemnam Ladislao praeferre possitis, cujus sanquinem, si matris originem tenetis memoriae 2 , quattuor Romanorum imperatores produxere. Si paternam prosapiam exquiritis, quinquies imperatoria dignitas in Australi 3 domo resedit. Obscuritatem quaerat necesse est, cui tanta claritas non satisfacit. Addite potentiam, amicitias, clientelas. Austriam vobis vicinam possidet. Moravia, Slesia 4 illi paret5 . Hungari, etsi novas res moliri videantur, ab officio tamen non recedent. Imperator, a quo vestrum regnum 6 dependet, sanguini suo non deerit nec jus familiae suae negliget. Baioariae Saxoniaeque duces, marchiones quoque7 Brandeburgenses, omnes ferme Germaniae principes Ladislaum propinqua necessitudine attingunt. Non potest hic pupillus offendi, nisi et tota Germania laedetur8 .

	1 nobis MU
	2 tenetis memoriae : memoria tenetis HB, MU
	3 Austriali HB
	4 Sclesia HB; Silesia MU
	5 parent MU
	6 vestrum regnum : regnum vestrum MU
	7 marchiones quoque : marchionesque MU
	8 laedatur HB, MU
	9 superflue MU

[7]

Haec superfluo

9

vobis commemorari non ambigo: verum ita jussit imperator. Ille pupillum in Italiam 10 secum ducit

11

. Reductum puberemque factum, si perstiteritis in fide, ad vos primum mittet. Vos interea pro gravitate integritate

12

vestra, quod in rem Bohemici regni pupillique sit, consulere admonet.

10

pupillum in Italiam : in Italiam pupillum MU

11

adducit HB; abducet MU

12

integritateque MU

Oration "Quamvis in hoc senatu" of Enea Silvio Piccolomini (23 August 1451, Wiener Neustadt). Edited and translated by Michael von Cotta-Schönberg 5th version 2019 Table of contents

	I.	INTRODUCTION
		1. Context
		2. Themes
		3. Authorship
		4. Date, place, audience and format
		5. Text
		5.1. Manuscripts
		5.2. Editions
		5.3. Present edition
		6. Sources
		7. Bibliography
		8. Sigla and abbreviations

  10

2006 Responsio illustrissimi et invictissimi principis et domini, domini Friderici Romanorum regis data oratoribus illustris principis domini Philippi ducis Burgundiae super passagio contra Turchos impetrando [

  Historia Austrialis. Teil 1: Einleitung von Martin Wagendorfer. 1. Redaktion ed. von Julia Knödler. Teil 2: 2./3, ed. Martin Wagendorfer. 2 vols. Hannover, 2009. (Monumenta Germaniae Historica. Scriptores Rerum Germanicarum. Nova Series; 24) HB = Aeneas Silvius Piccolomini: Historia Bohemica. Herausg. J. Hejnic & H. Rothe. 2 vols. Köln, 2005. (Bausteine zur slavischen Philologie und Kulturgeschichte. Neue Folge. Reihe B; 20) 1] {160r} Quamvis in hoc senatu regio complures sint doctrina et facundia praecellentes viri, qui me longe melius hoc 1 dicendi munus absolverent, quia tamen serenissimo ac piissimo divo domino nostro Romanorum regi placitum est hoc oneris mihi committere, ut ejus nomine ad ea respondeam, quae vos praestabiles oratores illustrissimi principis domini ducis Burgundiae suae sublimitati proximis diebus exposuistis, neque me decet neque cuique licet tanti fastigii mandata refugere 2 . Pariturus ergo jussibus regiis quae per vos nuper non minus ornate quam prudenter explicita fuerunt breviter ac succincte repetam responsumque regium deinde 3 subnectam.

	9 (1981) 133-175 & 10 (1982)
	167-222
	Loeb Classical Library / Digital. Cambridge, MA: Harvard University Press
	Migne, Jacques-Paul: Patrologia latina. 217 vols. 1841-1865
	Müller, Heribert: Kreuzzugspläne und und Kreuzzugspolitik des Herzogs Philip des Guten von
	Burgund. Göttingen, 1993
	 Cyprianus: 8 2
	Contemporary sources: 0
	7. Bibliography 2019-2020
	Smith, Leslie F.: Pope Pius II's Use of Turkish Atrocities. In: The Southwestern Social Sciences Deutsche Reichstagsakten unter Kaiser Friedrich III. Fünfte Abt., Erste Hälfte. Herausg. Helmut Weigel und Henny Grüneisen. Göttingen, 1969 (Deutsche Reichstagsakten; 19, 1) Quarterly, 46 (1966) 407-415
	Walther, Hans (ed.): Proverbia sententiaeque latinitatis medii aevi. T. 1-5. Göttingen: Vandenhoeck Erlanger, Philippe: Charles VII et son mystère. Paris, 1945 & Ruprecht, 1967.
	Haller, J.: Eine Rede des Enea Silvio vor dem Concil zu Basel. In: Quellen und Forschungen aus
	italienischen Archiven und Bibliotheken, 3 (1900) 82-102
	8. Sigla and abbreviations

1 De republica: 1

2

Epistola ad Fortunatum de exhortatione martyria: 1; De mortalitate: 2; De oratione dominica: 3; De unitate ecclesiae: 1; Liber ad Ddemetrianum : 1 Housley, Norman (ed.): Crusading in the Fifteenth Century -Message and Impact. London, 2004 Lacaze, Y.: Philippe le Bon et l'Empire -Bilan d'un regne. In: Francia, Paviot, Jacques: Les ducs de Bourgogne, la croisade et l'Orient (fin XIVe siècle-XVe siècle). Paris, 2003 Paviot, Jacques: Burgundy and the Crusade. In: N.

Housley (ed).: Crusading in the Fifteenth Century. London, 2004, pp. 71-80 Pius II: Epistolae  Der Briefwechsel des Eneas Silvius Piccolomini. Ed. Rudolf Wolkan. Vols. 1-3. Wien. (Fontes rerum austriacarum; 61-62, 67-68) Pius II: Orationes. [1436-1464]  Pius II: Orationes. Ed. Giovanni Domenico Mansi. 3 vols. Lucca: Benedini, 1755-1759  Collected Orations of Pope Pius II. Ed. and transl. by Michael v. Cotta-Schönberg. 12 vols. V = Venezia / Biblioteca Marciana / Lat. XI W = Wien / Österreichische Nationalbibliothek / Cod. 3420 Abbreviations CO = Pius II: Commentarii rerum memorabilium quae suis temporibus contigerunt [1464] HA = Eneas Silvius Piccolomini: MA = Pius II: Orationes politicae et ecclesiasticae. Ed. Giovanni Domenico Mansi. 3 vols. Lucca: Benedini, 1755-1759 MPL = Migne, Jacques-Paul: Patrologia latina. 217 vols. 1841-1865 RTA = Deutsche Reichstagsakten WO = Der Briefwechsel des Eneas Silvius Piccolomini. Hrsg. von Rudolf Wolkan. 3 vols. Wien, 1909-1918 Decretum = Decretum magistri Gratiani. Ed. Lipsiensis secunda. Eds. A.L. Richter & A. Friedberg. 2 vols. Leipzig, 1879 Epistolarium = Enee Silvii Piccolominei Epistolarium Secvlare. Ed. A. van Heck. Città del Vaticano, 2007 Rainaldus = Annales ecclesiastici ab anno MCXCVIII ubi Card. Baronius desinit. Auct. Odoricus Raynaldus. Tom. XVIII-XIX. Roma: Varesius, 1659-1663 Reject = Reject Aeneas, accept Pius : Selected letters of Aeneas Sylvius Piccolomini (Pope Pius II). Intr. and transl. by T.M. Izbicki et al. Washington, D.C., [2] Quattuor orationis expositionisque vestrae partes fuerunt: in prima quam necessaria sit catholica fides, quam utilis, quam gloriosa quantoque studio defendenda et amplianda dixistis, adducentes ad haec tum novi tum veteris testamenti non minus docte quam memoriter plurima testimonia. In secunda narrastis infestationes ac pressuras multiplices, quas soldanus et Turcus impiissimi Mahumeti sectatores veris Christi cultoribus, fratribus nostris, et in Asia inferunt et in Europa. In tertia retulistis quanta sit cura quamque fervens studium domini vestri ducis, ut illorum retundi violentia possit, domari ferocitas, humiliari superbia, ad quas res jam reges et principes magna cum diligentia coeperit excitare. In quarta et ultima parte ferventi supplicatione regiam serenitatem precati fuistis, ut tamquam Christianorum temporale caput primusque princeps et altior rem hanc tam salubrem tamque necessariam curae menti cordique recipiat, Germaniae principes ad hoc invitet, et quia Romam imperiales infulas susceptura brevi transitura putatur cum sanctissimo domino nostro de tali tantoque negotio conferre tractareque velit. Haec per vos in summa, sed ornatius et diffusius dicta fuerunt multis scripturis et auctoritatibus illustrata. 1 hec W 2 refugere V 3 regium deinde : deinde regium V Reply

of the illustrious and unvanquished prince and lord, Lord Friedrich, King of the Romans, to the ambassadors of the illustrious prince, Lord Philippe, Duke of Burgundy, on mobilizing an expedition against the Turks 1. Introduction [

  1] In this royal senate there are many men excelling in learning and eloquence who could perform this task of speaking much better than I. But since Our Most Serene and Pious Lord, the King of the Romans, 1 has seen fit to charge me with answering in his name the speech which you, distinguished ambassadors of the Illustrious Lord and Prince, the Duke of Burgundy, made some days ago to His Highness, I ought not and cannot refuse to comply with the wishes of His Highness.

2

I shall therefore obey the royal command and briefly summarize what you said so elegantly and wisely, and afterwards give the King's reply.

  1 animo laeto, quae primo loco de fide commemorastis. Jucunda est in auribus ejus orthodoxae fidei commendatio. Haec est enim, qua justi vivunt. Haec est, sine qua impossibile est Deo placere. Haec nos mystico Christi corpori sociat. Haec participes facit haereditatis aeternae. Haec filios Dei reddit dicente scriptura: Dedit eis potestatem filios Dei fieri, his qui credunt in nomine ejus, nam et fundamentum spei est, nutrimentum cordis, directio itineris, praesidium obtinendae salutis. In hac natus est dominus noster rex, in hac nutritus, in hac adolevit, in hac vixit, in hac mori sepelirique vult, pro cujus defensione ac tutela neque labores ullos neque pericula, cum opus fuerit, recusabit. Neque enim aliud est animi sui propositum nisi offerre Deo, dum vivit, acceptissimum munus, incorruptam fidem mentis, incolumem laudem devotionis illustrem. Scit enim omnibus, qui fidem Christi juverint, defenderint, auxerint certum esse in caelo diffinitum locum, in quo beati aevo sempiterno fruantur.

  Quod 1 vero secundo loco retulistis, novit regia majestas verum esse. Nam et quanta violentia debacchantur in Hungaria et in Graecia Turci frequentibus nuntiis et crebris litteris non sine maerore cordis superioribus annis intellexit, neque soldani blasphemiae ignotae sunt regiae sublimitati, quae magno devotionis fervore accensa cupiens eam terram videre in qua dominus natus et passus est et osculari 2 loca, ubi fuerunt pedes ejus, non sine magno periculo insulas archipelagi pertransivit, Jerusalem vidit, Syriam perlustravit. Intellexit tunc sublimitas quanta sit illius saevi soldani, magis monstri quam hominis, tyrannica rabies et impietas in Christianos, qui innoxios, justos Deoque caros homines Christianos domo privat, patrimonio spoliat, catenis premit, carcere includit, bestiis, gladio, ignibus punit, neque contentus dolorum illorum compendio et simplici ac veloci brevitate poenarum admovet laniandis corporibus longa tormenta, multiplicat lacerandis visceribus numerosa supplicia; neque feritas atque immanitas ejus usitatis potest esse contenta, tormentis excogitat novas poenas ingeniosa crudelitas. Novit ergo, quid agat soldanus, quid machinetur Turcus. Dolet et miseretur populo Christiano, sed sunt haec permissione Dei 3 .

	5
	1 Romans, 1, 17: justus autem ex fide vivit
	2 John, 1, 12
	3 Cyprianus: Epistola ad Fortunatum de exhortatione martyrii, 13. MPL, IV, col. 675. Translation quoted after the New
	Advent edition

4

Cicero has "the fatherland" (patriam)

5

Cicero: De re publica, 6.9.13 (Somnium Scipionis): omnibus, qui patriam conservaverint, adiuverint, auxerint, certum esse in caelo definitum locum, ubi beati aevo sempiterno fruantur. Cicero speaks about those who defend the fatherland, whereas Piccolomini applies the passage to those who protect the Church

[4]

Datur autem

4

adversus nos mala potestas secundum nostra peccata, {161v} sicut scriptum est: Venit Nabuchodonosor, rex Babyloniae, Jerusalem et expugnabat eam et dedit eam dominus in manus ejus. Datur vero potestas mala dupliciter adversus nos, ut inquit Cyprianus, vel ad poenam cum delinquimus, vel ad gloriam cum probamur. Et de primo dicit scriptura: Quis dedit in direptionem Jacob et Israel eis, qui depredebatur illum? Nonne Deus, cui peccaverunt et nolebant in viis ejus ambulare. Et de secundo per Moysen inquit spiritus sanctus: Dominus Deus tuus vexabit te et famem mittet tibi et cognoscetur in corde tuo, si bene custodieris praecepta ejus sive non, quia fides, si temptata praestiterit, coronatur. Et Paulus, oportet, inquit, haereses esse, ut probati manfesti sint in vobis. Sic enim probantur fideles, sic 5 perfidi deteguntur, sic et ante judicii diem hic quoque jam justorum atque injustorum animae deteguntur et a frumento paleae separantur, quia virtus in adversitate perficitur. Fiunt ergo haec Dei permissione, ut sic corda et mentes nostras veritatis discrimine Deus examinet.

  Liber de oratione dominica, 25. MPL, IV, col. 5363 Cyprianus: Liber de oratione dominica, 25. MPL, IV, col. 5374 Cyprianus: Liber de oratione dominica, 26. MPL, IV, col. 5375 Isaiah, 42, 24, quoted in Cyprian: Liber de oratione dominica, 25. MPL, IV, col. 5376 Cyprianus: Liber de mortalitate, 11. Deuteronomy, 8, 2. MPL, IV, col. 589 happen with the permission of God so that He may examine our hearts and minds with the test of truth.[5] Tertio 1 loco quod sollicitus, quod anxius sit vester dominus dux de tutela protectioneque nominis Christiani, quod suam omnem curam ad fidei defensionem exaltationemque direxerit, hoc magnopere commendat regia sublimitas. Neque enim res ulla est, in qua possint aut fructuosius aut gloriosius magni principes sua studia collocare. Nam et propterea laudatus David Philistinorum malleus, proptera commendata Machabaeorum constantia Antiocho 2 Jud[aei] resistentes, propterea gloriosus Ezechias, Sennacherib confusor. Sic multi et in veteri et in nova lege placuerunt Deo, dum fidei protectionem receperunt.[6] Quarto 3 autem loco voluntarius est 4 et suapte 5 ingenio praeparatus serenissmus dominus rex de re tam necessaria, tam proficua, tam magna, cum sanctissimo domino nostro consilium participare, et quoniam Romam petere mens sua est quam primum facultas assit hoc potissimum summo pontifici exponet et de hac re secum tractabit. Namque cum dudum perpenderet magnam illam soldani et Turchi potentiam graviter et acerbe Christianorum cervicibus imminere, crescere dietim, et crudelius insolescere sedulo cogitavit, si qua via esset, per quam posset illorum audacia

1

Cyprianus: Liber ad Demetrianum, 12. MPL, IV, cols. 553-554: innoxios, justos Deoque caros domo privas, patrimonio spolias, cathenis premis, carcere includis, gladio, bestiis, ignibus punis, nec saltem contentus es dolorum nostrorum compendio et simplici ac veloci brevitate poenarum admoves laniandis corporibus longa tormenta, multiplicas lacerandis visceribus numerosa supplicia; nec feritas atque immanitas tua usitatis potest contenta esse, tormentis excogitat novas poenas ingeniosa crudelitas 2 Cyprianus:

7

Cyprianus: Liber de mortalitate, 13. MPL, IV, col. 591

8 1. Corinthians, 11, 19. 9

Cyprianus: De unitate ecclesiae, 10. MPL, IV, col. 507

10

Variant of wll-known proverb: Virtus in arduo posita, cf.

Walther, 5, p. 791

things conteri, refrenari furor, potentia minui. Sed cum videret illos admodum crevisse, quamvis Deo par sit et in paucis et in multis vincere, tamen humano consilio non videbatur possibile tantas vires, tantos apparatus hostium, tantas {161v} copias deleri posse, nisi Christianitas tota insurgeret et animo ferventi uno proposito unaque mente adversus inimicos fidei procederet. Idcirco super opportunitatem expectavit, quam posset summum pontificem alloqui et de hoc negotio tractare. Et quia sua nunc mens est quantocius fieri possit et commoditas assit Romam petere ac de hoc et pluribus Christianae reipublicae necessitatibus agere et illius sedis consilia sequi et utiles admonitiones, nunc autem quia etiam vestri principis partes accedunt, eo libentius rem ipsam majestas regia aggredietur et promovebit apud papam, nec quidquam omittet ex his, quae possint ad pacem populi Christiani et defensionem fidei pertinere, quia tota voluntas ejus est, tota intentio, ut offerat Deo acceptissimum munus, incorruptam fidem, virtutem mentis incolumem, laudem devotionis illustrem, nihil dubitans quia sic agens et vitam habebit in hac vita tranquillam et in altera felicitatem merebitur sempiternam.

(Orations of Enea Silvio Piccolomini / Pope Pius II; 18) Oration "Quam laetus quamque secundus" of Enea Silvio Piccolomini (9 March 1452, Rome). Edited and translated by Michael von Cotta-Schönberg. 6 th version 2019 Table of contents

	I.	INTRODUCTION
		1.	Context
		2.	Themes
			2.1. Empire and Papacy
			2.2. Austrian difficulties
		3.	Date, place, audience and format
		4.	Text
			4.1. Manuscripts
			4.2. Editions
			4.3. Present edition
		5.	Sources
		6.	Bibliography
		7.	Sigla and abbreviations
	II.	TEXT AND TRANSLATION

Appendix: Oration of King Ladislaus the Posthumous to Pope Nicolaus V I. INTRODUCTION 1. Context 1

1

  In this very brief oration, only six direct and indirect quotations from various sources have been identified, two biblical and four classical.

	All: 6
	Biblical sources: 2
	Old Testament: 2
	 Genesis: 1
	 Wisdom: 1
	New Testament: 0
	Classical sources: 4
	 Arrianus: 1 1
	 Cicero 2
	 Terentius: 1 3
	 Vergilius: 1 4
	Biblical: 2
	Classical: 4
	Patristic and medieval: 0
	Contemporary: 0

Patristic and medieval sources: 0 Contemporary sources: 0

  Quam laetus quamque jucundus sit, Romane beatissime maxime praesul, in tuo conspectu divus 2 Caesar Fridericus 3 , Romanorum rex Augustus, pius, felix ac triumphator, tua magis intelligit 4 sanctitas quam mea potest oratio explicare. Jussus tamen ego dicere, dicam pro re pauca, pro tempore non multa. Gratias agit ingentes 5 pietati divinae noster Augustus, quod te, Petri successorem, verum Jesu Christi vicarium, aeterni regni clavigerum, venerandum, pium, sanctum, incorruptum patrem, sui amantem facie ad faciem intuetur6 . Accersitus saepe tuis 7 litteris et 8 nuntiis 9 optavit jam pridem venisse. Sed non totiens Herculi renixit Hydra, quotiens {21r} novercata est Caesari in hac sua profectione fortuna, cujus inextricabiles nodos -ut Alexandrum ferunt 10 in curru Gordii 11 fecisse 12 -rescindere magis quam solvere licuit.

	Oratio Aeneae in coronatione Friderici imperatoris 1
	[1] {20v} 1 Untitled in the manuscript from the Biblioteca Riccardiana
	2 scimus R
	3 Fredericus et passim K; Federicus et passim R
	4 em.; intelligere codd.
	5 ingenti R
	6 intuens K
	7 cujus R
	8 ac R
	Anabasis Alexandri 9 nuptiis R
	De officiis 10 ferrunt R
	Heautontimoroumenos 11 Gordei K
	Aeneis 12 factitasse K

  Greek myth.) the Roman name for the Greek divine hero Heracles, son of Zeus and the woman Alcmene. Famous for his strength and for his adventures.8 Alexander III the Great (356-323 BC): King of the Greek kingdom of Macedon. Created one of the largest empires of the ancient world, stretching from Greece to Egypt and into present-day Pakistan9 Legend of Phrygian Gordium: the chariot of a former king, Gordias, was tied with an intricate knot. When Alexander of Macedonia arrived in 333 BC, he could not unbind the knot and instead he sliced it in half with a stroke of his sword. An important source for Piccolomini's knowledge of Alexander was Arrian: Anabasis of Alexander. Piccolomini knew the text of Arrian in the Latin translation by Pier Paolo Vergerio which he had somehow gotten hold of[2] Laboriosum periculosumque fuit hoc iter Caesari. Sed quo difficilius, eo praeclarius actum est, neque sine periculo fieri potest magnum facinus et memorabile. Multa 1 pati triumphaturum oportet, quia non est quietis honor comes. Neque apud 2 Assyrios neque apud Hebraos 3 neque apud Graecos neque apud Carthaginenses 4 neque apud Romanos neque apud Germanos summus honos umquam 5 sine labore partus est. Aequum fuit et Fridericum nostrum6 imperiales infulas suscepturum et animi simul et corporis tolerasse molestias. Sed repulit omnia fortis animus, quae obstabant impedimenta, superavit pericula, contempsit labores. Vicit iter 7 durum pietas. Datur ora tueri. Ecce tuas 8 et veras9 audire et reddere voces. Caesar's travel here has been difficult and risky. But the greater the difficulty, the greater was his glory, 1 and you can't do anything big or brilliant without risk.2 Before a triumph, one has to endure much, for honour is not the companion of peace and quiet. Neither in Assyria, nor in Israel, Greece, Carthage, Rome, and Germany has there ever been supreme honour without labour. So, it is fitting that our Friedrich should suffer both mental and physical hardships before receiving the imperial crown. But his courage and strength has overcome all the obstacles, vanquished the perils and spurned the difficulties. Piety has vanquished the toilsome way. It is given to see your face and to hear and respond to your words.3 [3] O festum, o felicem, o memorabilem diem, in quo simul duo magna luminaria 1 convenerunt, duo orbis oculi, duo summi gladii, {21v} duae maximae potestates, quarum alteri subsunt corpora 2 , alteri parent animae. Quis hujus diei sanctam venerandamque solemnitatem dignis sermonibus explicet? Quid dicam? Nunc laborasse juvat, dulce est meminisse laborum. Magna est laetitia Caesaris, magna voluptas hodie, neque ab re. Legi ego annales imperatorum: nemo 3 umquam ex Alamania 4 tam pacificus, tamque honoratus, tam magnificus quam iste venit, qui cum regina et admirabili principum comitatu coronandus 5 adest. Henricum septimum et 6 conjunx 7 in Italiam comitata 8 est, sed prius diem obiit quam Romam 9 videre posset. Fuit et apud Carolum quartum uxor 10 ejus, sed Theutonica 11 , ejus12 nationis mulier. At13 Fridericus ex Austria movens desponsatam sibi Leonoram ex vetusta Portugalliae domo natam, adhuc virgunculam, pulchram14 facie, moribus pulchriorem ex ultimis Hispaniarum terrarumque finibus intra Italiam ad se profectam huc secum adduxit.

	[2] 1 simul … luminaria : duo luminaria magna simul K
	2 alteri subsunt corpora omit. R
	3 neque K
	4 Almania K
	5 coronandum R
	1 multi K 6 omit. R
	2 aput et passim K 7 conjunxit R
	3 Ebreos K, R 8 comita R
	4 Cartaginenses K, R 9 reginam K
	5 em.; numquam codd. 10 uxori R
	6 meum K 11 Theotonica K
	7 inter R 12 suae K
	8 tua K 13 ac R
	9 vere R

1 Nicolaus V [Tommaso Parentucelli] (1397-1455): Pope from 6 March 1447 to his death

2

Friedrich III (Habsburg) (1415-1493): Duke of Austria (as Friedrich V) from 1424. Elected King of Germany and Holy Roman Emperor in 1440, crowned in Rome in 1452

3

As Friedrich had not yet been crowned emperor by the pope, Piccolomini's used the title "Caesar" rather than "Imperator" 4 "in conspectu"

5

Hydra, the Lernaean : (Greek myth.): an ancient serpent-like water monster. It had many heads and for each head cut off (by Hercules) it grew two more.

6

"renixit" 7 Hercules: (14 pulcr… et passim K

  Empress of the Holy Roman Empire. Portuguese infanta (princess), daughter of King Duarte and his wife Leonor of Aragon. She was the consort of Holy Roman Emperor, Friedrich III, and the mother of Emperor Maximilian I 4 Heinrich VII (ca. 1275-1313): King of Germany (or Rex Romanorum) from 1308 and Holy Roman Emperor from 1312. He was the first emperor of the House of Luxembourg. Crowned emperor in 1312 5 Margaret of Brabant (1276-1311): daughter of Johan I, Duke of Brabant and Margaret of Flanders. Died in Italy before she could be crowned empress in Rome 6 Karl IV (Luxembourg) (1316-1378): second King of Bohemia from the House of Luxembourg. Elected King of the Romans and Holy Roman Emperor in 1346 Adest et clara soboles {22r} Alberti, Ladislaus, Sigismundi nepos, Bohemiae atque Hungariae rex inclytus, quamvis puer multarum tamen et maximarum spes et 1 expectatio gentium. Adest et Albertus, Austriae dux sublimus, bello fortis, pace modestus, consilio maturus. Assunt et alii complures principes, duces, comites 2 , barones, proceres potentes 3 atque honestissimi nobiles, qui libentibus animis assistunt famulanturque Caesari. Exultet 4 igitur totis praecordiis Caesar, dum tali caterva cinctum in tua praesentia sese inspicit.

	1 atque K
	2 et add. R
	3 potentesque K
	4 exulta R

3

Leonora of Portugal (1434-1467):

7

At his imperial coronation in Rome, 1355

8

Anna of Swidnica (1339-1362): third wife of Karl IV 9 "mores"

10

On Leonora, see the oration "Quamvis grandes materias"

[14]

, sect. 15-19

[4]

  Verum ut solidius 1 ac 2 perfectius sit suum gaudium, sanctitatem tuam obnixe precatur ut 3 , speratam4 , promissam debitamque 5 tum 6 sibi tum consorti suae coronam imperii largiaris ac, quantocious fieri potest, diem, locum modumque praescribas 7 coronationis 8 . Nam et ipse, quem Germani proceres optaverunt, principes elegerunt, pontifices in 9 Theutonia 10 coronaverunt 11 , tuus antecessor Eugenius approbavit, tua sanctitas semper12 magnopere commendavit, {22r} quae juris sunt, quae moribus conveniunt, quae ceteri sive coronandi sive13 coronati Caesares aut promittere aut agere consueverunt, erga te 14 tuamque sacrosanctam sedem ad unguem, ut ajunt, et tota devotione complebit. Laus Deo.

	1 solidus sit R
	2 et K
	3 precatur ut : precatus erat K
	4 separatam R
	5 debitam K
	6 tam K 1 Ladislaus the Posthumous (Habsburg) (1440 -1457): Duke of Austria from 1440, King of Hungary from 1444 and King 7 diceres K of Bohemia from 1453 to his death 8 coronationis K 2 Albrecht II (Habsburg) (1397-1439): Duke of Austria. King of Hungary and Croatia from 1437. Uncrowned King of 9 et R Bohemia. Elected King of the Romans 10 Theotinia K 3 Sigismund (Luxemburg) (1368-1437): King of Hungary and Croatia from 1387, King of Bohemia from 1419, and 11 coronarunt K crowned Holy Roman Emperor in 1433 4 Genesis, 49, 10 12 omit. R
	13 sunt R

5

Albrecht VI (Habsburg) (1418-1463): Duke of Austria

6

Wisdom, 8, 21

[5]

14 here ends the text in K

  As God is the supreme monarch in Heaven, his Vicar and representative, the pope, must be the supreme monarch on Earth:You are the most worthy Head of Church Militant, which is justly said to be modelled after Church Triumphant. For in Church Triumphant God the Creator of all holds the scepter, and likewise in Church Militant power over the whole world is certainly entrusted to you alone as Vicar of God, as Holy Church proclaims: The Lord set the Pontiff over the nations, and over the kingdoms, to root up, and pull down, and to waste, and to destroy, and to build, and to plant.… what else should we believe that Christ meant when he only called Peter to him over the sea, when he gave him the power to bind and to loose, and when he entrusted the care of his beloved flock to him? He certainly wanted to create only one prince on Earth, who would among men act on Supreme God's behalf and with power from him, and from whom one true wisdom, one true Faith would reach the rest of mankind. Only on this man is based the sacrament of Christian Faith, to whom alone the Lord said: But I have prayed for thee, that thy faith fail not: and thou, being once converted, confirm thy brethren.[Sect. 3]

1 D'Elia: Renaissance, p. 48 2 Annales: 1452, 5: Quod ad Ladislaum regem Hungariae, cui decernendas suppetias postulabat Aeneas, spectat, elegantem ac piam hanc orationem in sacro consistorio coram pontifice habuit. In Müller's Reichs-theatrum, 518B, the following lines precede the text: Der ganze Comitat des jungen Ladislai bestundte in hundert Pferden und hat sich verselbe zu Rom durch die gegen den Pabst gehaltene schöne Oration sehr signalisiert, welche Rede also lautet:



colendum litterae clamitent, huic te primum dabis commendabisque. Hic tuus est auctor, tuus pater, meus dominus, huic omnia debeo, cumque omnes homines Deo gratias referre debeant, ego illi maxime regratiari et servire teneor, cujus munere factum est, ut rex nascereris. Poteram ego unus ex plebe aut unus ex rure nasci, sed inscrutabile Dei judicium me collocat in sublimi solio. Non efferri debeo,

De liberorum educatione (1450)

At cum Deum prae ceteris omnes

1

Interrupted only by a visit to King Alfonso in Naples

2

In the comparisons below bold types are used to indicate word and passages that are identical -except for syntax and grammatical form non tumescere, non superbire.

Quod mihi datum est, alteri dari potuit. Quanto major sum natus, tanto me debeo humilius gerere, subjicere collum religioni, interesse divinis officiis. Nam cui divinus cultus est cordi, reliqua facile famulantur. Primum quaerite regnum Dei, scriptura dicit, post haec omnia adjicientur vobis. Romani, quamvis gentiles erant, omnia tamen post religionem duxerunt, in quibus etiam summae majestatis decus conspici voluerunt, nec dubitaverunt sacris imperia servire. Ita se humanarum rerum futura regimen existimantia, si divinae potentiae bene ac constanter fuissent famulata. Quid nos veri Dei notitiam habentes magis facere decebit? Cavebo, ne mihi religionem putem esse subjectam, quamvis maximi principis nomine gaudeam. Non dominus, sed filius ecclesiae, sacerdotis imperio, in his quae Dei sunt, subjectus sum. Theodosius Caesar, quamvis potentissimus esset et Romanum gubernaret imperium, Ambrosio tamen Mediolanensis ecclesiae praesulatum tenenti, collum subjecit imperatamque poenitatentiam peregit humiliter. Constantinus autem maximam semper sacerdotio reverentiam exhibuit nec judicium super episcopis in concilio Nicaeno ferre voluit, asseverans deos ab hominibus non esse judicandos.

1

Oration "Cum animadverto" (1452)

Et cum omnes sacrae litterae

Deum colendum clamitent, huic me primum dabo commendaboque. Hic meus est auctor, meus dominus, huic omnia debeo, cumque omnes homines Deo gratias referre debeant, ego illi maxime regratiari et servire teneor, cujus munere factum est, ut ego rex nascerer. Poteram ego unus ex plebe aut unus ex rure nasci, sed inscrutabile Dei judicium me collocat in sublimi solio. Non efferri debeo, non superbire. Quod mihi datum est, alteri dari potuit. Quanto major sum natus, tanto me debeo humilius gerere et subjicere collum religioni, interesse divinis officiis. Nam cui divinus cultus est cordi, reliqua facile famulantur. Primum quaerite regnum Dei, scriptura dicit, post haec omnia adjicientur vobis. Romani, quamvis gentiles erant, omnia tamen post religionem duxerunt, in quibus etiam summae majestatis decus conspici voluerunt, nec dubitaverunt sacris imperia servire. Ita se humanarum rerum futura regimen aestimantia, si divinae potentiae bene ac constanter fuissent famulata. Quod nos veri Dei notitiam habentes magis facere decebit. Cavebo igitur, ne mihi religionem putem esse subjectam, quamvis magni principis nomine gaudeam. Non dominus, sed filius ecclesiae, sacerdotis imperio, in his quae Dei sunt, subjectus sum. Theodosius Caesar, quamvis potentissimus esset et Romanum gubernaret imperium, Ambrosio tamen Mediolanensis ecclesiae praesulatum tenenti, collum subjecit imperatamque poenitatentiam peregit humiliter. Constantinus autem maximam sacerdotio reverentiam praebuit nec judicium super episcopis in concilio Nicaeno ferre voluit, asseverans deos ab hominibus non esse judicandos

.

Tuam igitur sanctitatem tamquam domini nostri locum tenentem in terris et magistrum et ducem universalis ecclesiae recognoscimus omnes. Te certum et indubitatum beati Petri successorem, te pastorem dominici gregis, te sanctorum evangeliorum verum interpretem, te doctorem salutaris vitae, te denique clavigerum regni caelestis profitemur

.

[Sect. 4]

Oration "Solent plerique"

[START_REF]Vivere 1 te cupimus longos, Alphonse, per annos, Aurea quo nobis saecula rege patent[END_REF]

(1452) Nos igitur jussioni parentes ejus nomine, qui sacro Romano imperio praesidet, sanctitatem tuam tamquam domini nostri Jesu Christi locumtenentem in terris,

ac magistram et ducem universalis ecclesiae recognoscimus; te certum et indubitatum beati Petri successorem, te pastorem dominici gregis, te sanctorum evangeliorum verum interpretem, te doctorem salutaris vitae, te clavigerum regni caelestis profitemur

.

[Sect. 14]

3.

1.3. World monarchy The

  theme of a world monarchy, invested in the pope and reflecting God's monarchy in Heaven, was reused by Piccolomini when seven years later, as pope, he addressed the ambassadors of the King of Castile in the oration "Dominatorem caeli"[35] from 1459: Animadvertit quoque Christiana veritas omnipotentem Deum, qui pro sua voluntate cuncta disponit, pergratum habere, ut quemadmodum caelestis aula unum rectorem habet, a quo cuncta dependent, ita et terrena gubernatio ex unius voluntate disponeretur.[Sect. 4] … concedendum est nullam esse in terris potestatem, quae nostrae, idest Christi et beati Petri apostoli, non subjiciatur auctoritati.[Sect. 11]

	Oration "Dominatorem caeli" [35] (1459)
	Oration "Cum animadverto" (1452)
	Tu -inquam -dignissime militantis ecclesiae es caput, quae non sine ratione ad
	triumphantis exemplar dicitur ordinata. Nam ut in illa unus Deus creator omnium sceptrum
	tenet, ita in hac tibi uni tantum Dei vicario totius orbis imperium delegatum esse constat, ut
	enim sancta fatetur ecclesia. [Sect. 3]

  (1452) "Res temporalis erat," inquiunt adversarii, "super qua monitorium missum est: de tutela pupilli principis agebatur, de gubernatione ducatus Austriae, de promissionibus et obligationibus inter laicos agitatis. Romani pontificis est praedicare verbum Dei, clerum instruere, sacramenta conficere, ecclesiastica beneficia conferre, spirituales causas agitare, tueri fidem, extirpare haereses, mores plantare bonos. Si quid ulterius quaerit, saecularibus judicibus, ducibus, regibus, imperatoribus est injurius. Duo sunt enim, quibus principaliter hic mundus regitur, auctoritas sacra pontificum et regalis potestas, suntque actibus propriis et dignitatibus distinctis officia potestatis utriusque discreta. Nihil Romanam Sedem magis decet, quam suum cuique jus illaesum servare. Si Cypriano, si Gelasio, si Nicolao volumus aut Gregorio fidem praebere, spiritualia curet pontifex, temporalia princibus saeculi permittat.

[Sect. 18]

  Eorundem Christianissimorum principum vestigiis inhaerendo sacerdotium summa reverentia prosequi non postponam, ad quod natura et ipse Deus omnipotens gressus meos ab ineunte aetate direxerit, ad quod omnes conatus, omnes desideria, omnes cogitationes animi mei semper prospexerunt. Ego tandem meipsum, dominia et regna, quae mihi haereditario jure debentur, tuae clementiae, tuae fidei, tuaeque protectioni commendo, pro cujus tuae sanctitatis felicissimo statu nihil umquam arduum, nullum periculi, nullum laboris aut difficultatis genus recusabo.[Sect. 6]

1

And the following phrases are clear examples of Piccolomini's use of another classical rhetorical device, accumulatio, of which he was quite fond: 2  Quis enim dignius in ea potuit collocari quam ille, quem a primis annis caelestem in terris vitam semper egisse constat, qui pro Christiana religione per innumeros casus, per varia itinera, per diversas mundi provincias omnem aetatem in maximis laboribus, in omni rerum difficultate contrivit [Sect. 2] 

  A number of German cities had representatives in the emperor's party, among them Nürnberg, represented by its parish priest Heinrich Leubing, cf. Loose, p. 55. Already in 1446, Leubing had been member of an embassy from the German princes to Pope Eugenius IV, and he on that occasion addressed the pope after Piccolomini, who had spoken on behalf of the emperor, cf. Loose, p. 642 HA, I, p. 155; CO I, 76; Loose, p. 55; Lazzaroni, p. 312: Per l'imperatore le rivolse il salute un portoghese Enrico Lubin

	5. Text
	5.1. Manuscripts 1
	 Berlin / Staatsbibliothek zu Berlin, Preussischer Kulturbesitz
	Theol. lat. Fol. 638, ff. 107v-108r
	 Dillingen / Studienbibliothek
	76 2
	 Görlitz / Milisch'sche Bibliothek
	Ch. 4, 84, ff. 309r-310r
	 Stuttgart / Württembergische Landesbibliothek
	HB X, 24, ff. 173v-182v
	HB X, 84, ff. 89v-90r
	 Würzburg / Universitätsbibliothek
	M ch.f.47, ff. 130v-132r
	M ch.f.59, ff. 307r-352r 3
	(sic!)

1 3

Strnad, p. 139: Fast von selbst versteht es sicher daher, dass Hinderbach im Gefolge seines Herrn auch weiter nach Süden zog und sowohl an der Vermählung Friedrich's mit der portugisischen Prinzessin Eleonore als auch am festlichen Krönungsakt in der alten Petersbasilika teilnahm

4 WO, III, I, pp. 351-352

  Annales ecclesiastici ab anno MCXCVIII ubi Card. Baronius desinit. Auct. Odoricus Raynaldus. Tom. XVIII-XIX. Roma: Varesius, 1659-1663 [and later editions], ad annum 1452, nr. 5  Müller, Johann Joachim: Des Heil. Römischen Reichs Teutscher Nation ReichsTags Theatrum wie selbiges unter Keyser Friedrichs V. Allerhöchsten Regierung von Anno MCCCCXL bis MCCCCXCIII gestanden ... Theil I. Jena, 1713, pp. 518-520

Oratio Ladislai regis ad Nicolaum, papam quintum, cum adhuc esset puer duodecim annorum

  The Statesman's Book of John of Salisbury. Being the Fourth, Fifth, and Sixth Books, and Selections from the Seventh and Eighth Books of the Policraticus. Transl. J.Dickson. New York, 1963 Lazzaroni, Enrico: Il viaggio di Federico III in Italia (l'ultima coronazione imperiale in Roma). In: Atti e memorie del primo congress storico Lombardo,Como 21-22 Maggio, Varese 23 Maggio 1936. Alfred A.: Johannes Hinderbachs Obedienz-Ansprache vor Papst Pius II -Päpstliche und kaiserliche Politik in der Mitte des Quattrocento. In: Römische historische Mitteilungen, 10 (1966/67) 41-183 Annales ecclesiastici ab anno MCXCVIII ubi Card. Baronius desinit. Auct. Odoricus Raynaldus. Tom. XVIII-XIX. Roma: Varesius, 1659-1663 MU = Müller, Johann Joachim: Des Heil. Römischen Reichs Teutscher Nation ReichsTags Theatrum wie selbiges unter Keyser Friedrichs V. Allerhöchsten Regierung von Anno MCCCCXL bis MCCCCXCIII gestanden ... Theil I. Jena, 1713 1[1] {518B} Cum animadverto, beatissime maxime pontifex, me apud inclytos pedes sanctitatis tuae constitutum, quae inter mortales Dei omnipotentis vicem gerit, coram hoc sacratissimo senatu, ad quem illustrissima totius mundi sidera atque homines doctrina et sanctitate lectissimi convenerunt, non injuria quidem in tanta rei magnitudine subsistens, unde initium orationis sumam, quibus verbis te unicum Christianorum principem, te regum regem atque in terris Deum adorem, non facile constituere possum. Haec enim tanti numinis praesentia, hic tam cessus audientium coetus, eruditissimum quoddam elegansque dicendi genus exquirit, cui me, et ingenio et eloquentia longe imparem esse cognosco. Quare tacendum existimarem, ne tantam provinciam aggrederer, in qua etiam ipsius Ciceronis aut Hortensii robur desudaret 2 , nisi admirabilis tuae sanctitatis clementia collapsas ingenii vires et succumbentes humeros sublevaret, quae cum omnibus ad se integra mente conversis incredibili benignitate patere non desinat {519A} mihi quoque -ut confido -consuetae mansuetudinis aditum non praecludet.

	Strnad, 8. Sigla
	AN =
	Milano, 1937, pp. 271-397
	Lehmann, Paul: Dr. Johannes Tröster, ein humanistisch gesinnter Wohltäter bayerischer
	Büchersammlungen. In: Historisches Jahrbuch, 60 (1941), pp. 646-663

D'Elia, Anthony F.: The Renaissance of Marriage in Fifteenth-Century Italy. Cambridge, 2004 John of Salisbury: Policraticus. [1159] 

  3 in hac tibi uni tantum Dei vicario totius orbis imperium delegatum esse constat, ut enim sancta fatetur ecclesia: Constituit dominus pontificem super gentes et regna, ut evellat, disperset, et plantet, quamquam igitur 4 non ignorem complures hoc in dubium revocare, solam spiritualium rerum curam summo pontifici datam esse, terrestre autem imperium Romano datum imperatori affirmantes. Quid enim aliud credendum est Christum significare voluisse, dum ad se Petrum solum supra mare vocat, dum ei supremam ligandi atque solvendi facultatem concessit, dum sibi carissimi gregis curam demandavit? Unum certe in terris principem constituere voluit, qui summi Dei vice ac potestate inter homines fungeretur, a quo una vera sapientia, vera fides ad reliquum humanum genus perveniret. Consistit enim in hoc uno Christianae fidei sacramentum, cui scilicet soli dominus dixit: Ego autem rogavi pro te, ut non deficiat fides tua, et tu aliquando conversus confirma fratres tuos.

  Ecce constitui te hodie super gentes et superregna, ut evellas, et destruas, et disperdas, et dissipes, et aedifices, et plantes (Lo, I have set thee this day over the nations, and over the kingdoms, to root up, and pull down, and to waste, and to destroy, and to build, and to plant). Here, the author adapts the biblical passage, making it apply to the pope, whereas in the Bible it applied to the prophet Jeremiah 2 This is the teaching of Pope Gelasius, see Introduction3 Matthew, 16, 19 4 John, 21, 175 Luke, 22, 32[4] Tuam igitur sanctitatem tamquam 1 domini nostri locum tenentem in terris et magistrum et ducem universalis ecclesiae recognoscimus omnes. Te certum et indubitatum beati Petri successorem, te pastorem dominici gregis, te sanctorum evangeliorum verum interpretem, te doctorem salutaris vitae, te denique clavigerum regni caelestis profitemur. Quo fit, beatissime pater, ut mihi quidem laetissimam hodiernam diem illuxisse sentiam 2 , in qua divinitus datum est et tantum et tam {519B} praesens numen intueri, colere, et saltem integra mente ac vera fide venerari. Cum enim sanctitatem tuam inter hos felicissimos ac caelestibus persimiles astantium ordines in hac sublimi apostolica sede 3 collocatam suspicio, nihil aliud profecto quam supernam illam in terris majestatem videor admirari. Majores etiam mei, qui vel Hungariae 4 , Bohemiae, vel Austriae praefuerunt, hujus divinae sedis praecipui semper amatores et cultores fuerunt. Eorundem progenitorum meorum vestigiis inhaerendo te aeternae vitae clavigerum summa, quoad vixero, reverentia prosequar.

1 Jeremiah, 1, 10: 1 em.; atque AN, MU 2 sentio MU 3 em.; omit. AN, MU 4 vel add. MU

  5] Et cum omnes sacrae litterae Deum colendum clamitent, huic me primum dabo commendaboque. Hic meus est auctor, meus dominus, huic omnia debeo, cumque omnes homines Deo gratias referre debeant 1 , ego illi maxime regratiari 2 et servire teneor, cujus munere factum est, ut ego rex nascerer. Poteram ego 3 unus ex plebe aut unus ex rure nasci, sed inscrutabile Dei judicium me collocat in sublimi solio. Non efferri debeo, non superbire. Quod mihi datum est, alteri dari potuit. Quanto major sum natus, tanto me debeo humilius gerere et subjicere collum religioni, interesse divinis officiis. Nam cui divinus cultus est cordi, reliqua facile famulantur. Primum quaerite regnum Dei, scriptura dicit, post haec omnia adjicientur vobis. Romani, quamvis gentiles erant, omnia tamen post religionem duxerunt, in quibus etiam summae majestatis decus conspici voluerunt, nec dubitaverunt sacris imperia servire. Ita se humanarum rerum futura regimen aestimantia, si divinae potentiae bene ac constanter fuissent famulata. Quod nos veri Dei notitiam habentes magis facere decebit. Cavebo igitur, ne mihi religionem putem esse 4 subjectam, quamvis magni principis nomine gaudeam. Non dominus, sed filius ecclesiae, sacerdotis imperio, in his quae Dei sunt, subjectus sum.[6] Theodosius Caesar, quamvis potentissimus esset et Romanum gubernaret imperium, Ambrosio tamen Mediolanensis ecclesiae praesulatum tenenti, collum subjecit imperatamque poenitatentiam peregit humiliter.5 Constantinus autem maximam sacerdotio reverentiam6 praebuit nec judicium super episcopis in concilio Nicaeno ferre voluit, asseverans deos ab hominibus non esse judicandos. Eorundem Christianissimorum 7 principum vestigiis inhaerendo sacerdotium summa reverentia prosequi non postponam, ad quod {520A} natura et ipse Deus omnipotens gressus meos ab ineunte aetate direxerit, ad quod omnes conatus, omnes desideria, omnes cogitationes animi mei semper prospexerunt. Ego tandem meipsum, dominia et regna, quae mihi haereditario jure debentur, tuae clementiae, tuae fidei, tuaeque protectioni commendo, pro cujus tuae sanctitatis felicissimo statu nihil umquam arduum, nullum periculi, nullum laboris aut difficultatis genus recusabo.8

	1 debent MU
	2 maxime regratiari : majores habere MU
	3 ergo MU
	4 omit. MU

5

peregit humiliter : humiliter peregit MU

6

sacerdotio reverentiam : reverentiam sacerdotio MU

7

Christianorum MU

8

Haec ad Nicolaum Ladislaus add. AN

of Enea Silvio Piccolomini / Pope Pius II; 19)

  f 47 (4217), f. 130r Maxima mihi hodie, pater beatissime, voluptas est, ingens gaudium, singularis laetitia, cum te, beati Petri successorem verumque Jesu Christi vicarium intueor, cujus affari clementiam et osculari sanctitatem concessum est mihi. Majores mei, qui Hungariae, Bohemiae et Austriae praefuerunt, hujus divinissimae sedis praecipui semper amatores et cultores fuerunt. Eorundem quidem progenitorum meorum vestigiis inhaerendo [te] 1 aeternae vitae clavigerum summa, quoad vixero, reverentia prosequar. Interea dominia et regna, quae mihi haereditario jure debentur, personamque meam debilissimam tuae clementiae, tuae fidei, tuae protectioni commendo. Cum autem omnes sacrae litterae Deum colendum clamitent, huic me primum dabo commendaboque. Hic meus est auctor, hic meus dominus, huic omnia debeo. Cumque omnes homines Deo referre gratias debeant, ergo illi maxime regratiari et servire teneor, cujus munere factum est, ut ego rex nascerer. Poteram ego unus ex plebe aut unus ex rure nasci, sed inscrutabile Dei judicium me collocavit in sublimi solio. Non efferri debeo, non tumescere, non superbire. Quod mihi datum est, alteri dari potuit. Quanto major sum natus, tanto me debeo humilius gerere, subjicere collum religioni, interesse divinis officiis. Nam cui divinus cultus est cordi, reliqua facile famulantur. Romani namque, etsi gentiles essent, omnia tamen post religionem ponenda dixerunt, in his quibus etiam 2 summae majestatis decus conspici voluerunt nec dubitaverunt sacris imperia servire. Sed ita humanarum rerum regimina existimantes profutura, si divinae potentiae bene atque constanter fuissent famulata, quod nos veri Dei notitiam habentes studiosius facere decebit. Cavebo igitur ne religionem mihi putem subjectam, quamvis magni principis nomine gaudeam. Non dominus, sed filius ecclesiae sacerdotum imperio in his, quae Dei sunt, subjectus sum. Theodosius Caesar quamvis potentissimus esset et Romanum gubernaret imperium, Ambrosio tamen Mediolanensis ecclesiae praesulatum tenenti collum subjecit imperatamque poenitentiam humiliter peregit. Constantinus autem maximam semper sacerdotio reverentiam praebuit, nec judicium super episcopis in concilio Niceno ferre voluit asserens deos ab hominibus non esse judicandos. Eorundem Christianissimorum principum vestigiis inhaerendo sacerdotium summa cum reverentia prosequi non postponam, interim quod in humanis subsistam. Ad Dei laudem ecclesiaeque catholicae gloriam et honorem. Amen.Hanc orationem serenissimus princeps, rex Hungariae atque Bohemia, [in marg.: Ladislaus] fecit ad sanctissimum in Christo patrem et dominum papam Nicolaum Quintum tempore, quo cum Augusto Caesare Friderico Romam intrabat.

(Orations

  After his return from Naples, the emperor stayed in Rome for three days. The day before his departure, he warmly thanked the Supreme Pontiff and the Sacred College of Cardinals for their kindness to him. Then he asked Enea to speak, in a public consistory, on the situation of the Christians in Syria, Egypt, Asia Minor and Greece, who were being persecuted under the rule of the Sultan and the Great Turk, and on the terrible defeats suffered by the Hungarians in recent years, and [how there was every reason] to fear for Constantinople and the other Greek cities that kept their Christian faith. He was also to talk about helping those being persecuted, to argue for a holy crusade, and to offer the efforts and the resources of the empire in this matter. Enea spoke so convincingly that many in the audience were moved to tears. In his reply Nicolaus, first said that the emperor had richly merited what had been done in his honour -which was actually less than deserved. The Church could never show the Empire the gratitude which it merited. The crusade, which Enea had spoken about, was certainly meritorious, worthy of the emperor, and greatly pious. It was very important to the Apostolic See, and personally he was deeply moved by Enea's words and would not be remiss in this matter. However, it would be necessary to consult with the other Christian princes and request their contribution to this great a venture. If he found them willing, he would report so to emperor and then undertake this holy endeavour with all his might.1

	1 HA, I, p. xvii
	2 HA, I, pp. 185-186: Enee Senensi episcopo commisit, ut statum Hierosolimorum, Grecorum, et aliorum Christianorum,

qui sub imperio Turchorum opprimuntur, exponeret, utque Hungari magnas clades tulissent, timendum esse Constantinopoli, succurrendum oppressis diceret passagiumque suaderet. Quod is in publico consistorio fecit offerens cesarem cum omni eius potentia totoque imperio ad id operam daturum, si summus pontifex ei rei intendere vellet

  2 Aeneae deinde commisit, in public consistorio ut statum Christianorum, qui per Syriam, Aegyptum, Asiam Graeciamque sub soldani magnique Turchi imperio opprimuntur, exponeret utque Hungari proximis annis horrendas clades perpessi essent, timendum esse Constantinopoli caeterisque civitatibus Graeciae Christianam fidem habentibus, succurrendum oppressis diceret, expeditionem sanctam suaderet, operas atque vires imperii in istum negocium offerret. Quibus de rebus adeo efficaciter Aeneas verba fecit, ut pluribus circumstantibus lacrimas dedit. Nicolaus ubi responsum dedit, primum, quae facta essent in honore Caesaris, et digno et benemerenti prestita, minora tamen fuisse quam merita dixit. Ecclesia nunquam imperio sacro tam gratam esse posse, quam debeat. Expeditionem, de qua locutus esset Aeneas, laudandum opus dignumque caesare, multam prae se ferre pietatem, eius rei apostolicae sedi maximam curam esse, se verbis Aeneae veluti quibusdam stimulis vehementer commotum in ea re minime torpere. Consulendos tamen esse coeteros Christianae religionis principes eorumque auxilia in tantum opus querenda. Quod si ad id voluntarios invenerit, relaturum se caesari atque tam sanctum negocium summo conatu aggressurum

1 HA, II, pp. 636-637: Triduo Caesar ex Neapoli reversus Romae mansit. Pridie autem, quam recederet, ingentes gratias pontifici maximo sacroque collegio cardinalium reddidit, quod sibi benigni fuissent.

2

CO, I, pp. 118-121: Redeunte Caesare conspectuique maximi praesulis ac sacri senatus se restituente vice sua duas orationes in auditorio publico recitavit: in altera gratias egit summo sacerdoti atque cardinalibus pro maximis quae

  Caesari praestiterant beneficiis; in altera, ut generale passagium adversus Christiani nominis inimicos indiceretur atque instrueretur papam hortatus est, ne Christicolae per Graeciam et Orientem amplius vexarentur. 1 I.e. cardinals: classical term for senators in Rome 2 Zimolo, p. 22: Orationes duas in reditu Caesaris duas habuit: altera gratias egit Nicolao et collegio patrum, altera hortatus ad bellum adversus Turchos suscipiendum 3 Zimolo, p. 103: Rediens deinde ad urbem, Aenea dicente, pontifici gratias egit, quod se corona imperii donasset, quodque item tam magnifice tamque splendide ipse cum suis omnibus accepti fuissent, quem praeterea ad expeditionem in Turcos multis rationibus adhortatur

  2 his cousin's realm of Hungary, bearing the brunt of Turkish aggression; and the Christian areas, e.g. the Mediterranean islands, being molested by continual Turkish attacks. In his description of this theme, Piccolomini introduces the concept of Greece as mother of letters, laws and morals (after Cicero) and of the humanities [sect. 10]. He also uses Europe in a geopolitical sense in his famous statement of Christianity having been reduced to the corner of Europe (in angulum Europae redactus est) after the loss of Africa and Asia. It is worth mentioning that Piccolomini had developed this theme already six years before, in 1446, in his oration to Pope Eugenius IV, the "Et breviter me hodie", where he said: In Europe there are many conflicts: one region is occupied by the gentile Teucrians, another by the Saracens, and yet another by schismatics infected with various heresies. Christianity has been reduced and pressed into a corner.3

  Among the manuscripts containing the manuscripts used by Wagendorfer for his edition of the Historia Austrialis 3 is 4 : Historia Austrialis. Eds. M. Wagendorfer & J. Knödler. 2 vols.

	 Freher, M. & B.G. Struvius (eds.): Rerum germanicarum scriptores aliquot insignes. Tom. Chis. J.VIII.286, ff. 78v-85r (C) *
	secundus. Strassbourgh, Dulssecker, 1717 / pp. 38-42 Vat. lat. 1788, ff. 50r-54r (B) *
	Hannover, 2009. (Monumenta Germaniae Historica, Scriptores Rerum Germanicarum,
	Nova Series; 24) / II, pp. 826-843 1  Müller, Johann Joachim: Des Heil. Römischen Reichs Teutscher Nation ReichsTags Theatrum
	wie selbiges unter Keyser Friedrichs V. Allerhöchsten Regierung von Anno MCCCCXL bis 4.3.2. Editions
	MCCCCXCIII gestanden ... Theil I. Jena, 1713, pp. 401-403 [Apparently on the basis of Freher
	4.2. Intermediate Version 1602] The Final Version appears to have been published only once:
	80, ff. 309v-312r (U) * The oration was also published among Pius' letters in the Opera Omnia edition, which according to  Pius II: Orationes politicae et ecclesiasticae. Ed. Giovanni Domenico Mansi. 3 vols. Lucca: The Intermediate Version (IV) is extant in at least two manuscripts and was included in a number Lat. XIV.228, ff. 188v-201r (V) 2 of the early incunabula editions of Pius IIs letters. 2 Häbler were copied from the Koberger edition 1 : Benedini, 1755-1759. / T. I, pp. 163-171 [Based on the Lucca ms.]
	 Wien / Österreichische Nationalbibliothek  AEneae Sylvii Piccolominei Senensis, qui Pius Secundus appellatus est, Opera quae extant A German translation was published in
	3420, ff. 161r-165v (W) * 4.2.1. Manuscripts omnia, nunc demum castigata et in unum Corpus redacta His quoque, accessit Gnomologia
	ex omnibus Sylvii Operibus collecta. Basileae: Heinrich Petri, 1551 / 1571. / Pp. 928-932
	 München / Bayerische Staatsbibliothek (OO) 2
	Clm 70, ff. 396v-399r (M) *
	4.3. Final version
	4.3.1. Manuscripts
	The Final Version is included in all seven manuscripts containing the Collected Orations of Pius II.
	The seven manuscripts are the following:
	 Lucca / Biblioteca Capitolare Feliniana
	544, ff. 58v-62v (G) *
	 Mantova / Biblioteca Communale
	Ulrich Scinzenzeler, 1496, nr. 413 100, ff. 81r-92v
	 Pius II: Epistolae et varii tractatus. [Cur.] Ambrosius Archintus & Joannes Vinzalius. Lyon:  Milano / Biblioteca Ambrosiana
	Joannes de Vingle, 1497, 1505, nr. 413 I. 97 inf., ff. 53r-57v (E)*
	 Pius II: Epistolae et varii tractatus. Lyon: Etienne Gueynard, 1518, nr. 413  Roma / Biblioteca Apostolica Vaticana
	Chis. J.VI.211, ff. 54r-58v (D) *
	 Freher, Marquard (ed.): Germanicarum rerum scriptores aliquot insignes. Tom. Secundus. Chis. J.VIII.284, ff. 36r-39v (A) *
	Frankfurt, Marnium et haeredes Johannis Aubrii, 1602, pp. 25-28 (FR1)

 Trento / Biblioteca Communale 109 W, ff. 100r-104r (T)

4.1.2. Editions

The Early Version (EV) has been edited at least five times:

 Reusner, Nikolaus (ed.): Selectissimarum orationum et consultationum de bello Turconico variorum et diversorum auctorum volumina quattuor. Leipzig: Gros & Henning, 1596 / II, pp. 1-9  Annales ecclesiastici (Raynaldus), ad annum 1452, nr. 4. 1659 [and later editions]  Pius II: Orationes politicae et ecclesiasticae. Ed. Giovanni Domenico Mansi. 3 vols. Lucca: Benedini, 1755-1759. / T. I, pp. 163-173-181 [Based on the Freher/Struwe ed.] 1 Manuscripts for which an orthographical profile is given in Collected orations of Pope Pius II, vol. 11, are marked with an asterisk 2 V was apparently written or derives from a copy made while Pius was pope, cf. the title: Ad beatissimum papam Nicolaum V. oratio nomine imperatoris Federici et Ladislai regis Ungarie a domino Enea episcopo Senensi pro passagio fiendo. Quis dominus Eneas ad presentem est dominus papa Pius II 3 For what will presumably be the ultimate edition of the text of the Historia Austrialis 4 HA, II, p. 637, 826  Piccolomini, Eneas Silvius:  Roma / Biblioteca Apostolica Vaticana Palat. lat. 598, ff. 159r-161v (P) * 4.2.2. Editions  Pius II: [Epistolae familiares. De duobus amantibus Euryalo et Lucretia. Descriptio urbis Viennensis.] Nürnberg: Anton Koberger, 1481, 1486, 1496 / Nr. CCCCXIIII. [In the present text the 1486 edition was used, inn the digital edition in Early European Books] [KO]  Pius II: Epistolae et varii tractatus. [Cur.] Ambrosius Archintus & Joannes Vinzalius. Milano:  Die Geschichte Kaiser Friedrichs III von Aeneas Silvius. Übers. Th. Ilgen. Leipzig, 1890. (Die Geschichtsschreiber der deutschen Vorzeit in deutscher Bearbeitung; Lief. 85)[2. Unveränd. Aufl., Leipzig, 1940] / Zweite Hälfte, pp. 100-114

Aeneae Sylvii oratio suasoria ad Nicolaum V. PP. ut Caesarem Fridericum in Turcos passagium parantem, modis omnibus adjuvare velit 1 [IV/FV] Oratio Aeneae Silvii Piccolominei Senensis episcopi 2 qui postea pontificatum maximum adeptus Pius II. appellatus est habita Romae coram Nicolao Pontifice astante imperatore Friderico et rege Hungariae Ladislao. In consistorio 3

  Enee Silvii Piccolo. episcopi Senensis quod postea Pius II. Pont. Maxi. appellatus est habita Romae coram Nicolao Pot. astante imperatore Frider. et rege Hung. Ladislao in cons. E; Oracio que fecit dominus Senensis Eneas Silvius poeta laureatus coram domino nostro sanctissimo et senatu cardinalium pro domino imperatore ad passagium indicendum M; [No title] P; Oracio ad Sanctissimum dominum Nicolaum papam quintum pro parte Invictissimi domini Friderici Romanorum Imperatoris super passagio contra Turchos imponendo facta per dominum Eneam Episcopum Senensem U, W; Ad beatissimum papam Nicolaum V. oratio nomine imperatoris Federici et Ladislai regis Ungarie a domino Enea episcopo Senensi pro passagio fiendo. Quis dominus Eneas ad presentem est dominus papa Pius II V; Oratio suasoria ad Nicolaum V. PP. 1] [IV/FV] Holy Father, Supreme Pontiff,1 when Moses, the man of God, 2 appointed Joshua, son of Nun, as his successor, he heard the voice of God speaking to him: If any thing needs to be done, Eleazar the priest shall consult the Lord for him. He and all the children of Israel with him, and the rest of the multitude shall go out and go in at his word.3 These words admonish not only peoples, but also kings and princes to seek, in great matters, the advice of the High Priest 4 and follow his commands.

	New Testament: 5 Piccolomini, Enea Silvio: Pentalogus (1443) [EV]
	 Matthew: 1  Eneas Silvius Piccolomini: Pentalogus. Herausg. Christop Schingnitz. Hannover, 2009
	 Acts: 1 (Monumenta Germaniae Historica; 8)
	 2. Corinthians: 1
	 Philippians: 1 Pius II: Commentarii rerum memorabilium quae suis temporibus contigerunt (1464)
	 Romans: 1
	 Pius II: Commentarii rervm memorabilivm que svis temporibus contigervnt. Ed. A van Heck.
	2 vols. Città del Vaticano, 1984 (Studi e testi; 312-313)
	Classical sources: 20  Pius II: Commentaries. Ed. M. Meserve and M. Simonetta. Vols. 1 ff. Cambridge, MA, 2003
	ff.
	 Cicero: 9 1
	 Ennodius: 1 Pius II: Epistolae
	 Juvenalis: 1
	 Plato: 1 2
	 Plutarch: 1 3
	 Quintilianus: 1
	 Suetonius: 1
	 Terentius: 1 4
	 Valerius Maximus: 1
	 Vergilius: 3
	 Deuteronomy: 1
	 Numbers: 1 Patristic and medieval sources: 2
	 Daniel: 1  Jeronimus: 1 5  2. Chronicles: 1  Ecclesiasticus: 1  Origenes: 1 6
	 Isaiah: 2 Pius II: Opera omnia  Jeremiah: 1  Lamentations: 2 Contemporary sources: 1  AEneae Sylvii Piccolominei Senensis, qui Pius Secundus appellatus est, Opera quae extant  2. Machabees: 1  Psalms: 2 omnia, nunc demum castigata et in unum Corpus redacta His quoque, accessit Gnomologia  Flavio Biondo: 1 7 ex omnibus Sylvii Operibus collecta. Basileae: 1551 / 1571
	De officiis 6; In Catilinam 2; Tusculunae disputationes 1 Republic Pius II: Orationes [1436-1464]
	Parellel lives
	Heautontimorumenos  Pius II: Orationes politicae et ecclesiasticae. Ed. Giovanni Domenico Mansi. 3 vols. Lucca:
	Epistolae Benedini, 1755-1759
	In epistolam Pauli ad Romanos
	Historiarum ab inclinatione Romanorum Imperii decades

 Pius II: [Epistolae familiares. De duobus amantibus Euryalo et Lucretia. Descriptio urbis Viennensis]. [Cur.] Nicolaus de Wyle. Nürnberg: Antonius Koberger, 1481. [With later editions of 1486 and 1496] [ISTC ip00717000; ISTC ip00719000; ISTC ip00720000]  Pius II: Epistolae et varii tractatus. [Cur.] Ambrosius Archintus & Joannes Vinzalius. Milano: Ulrich Scinzenzeler, 1496. [ISTC ip00721000]  Pius II: Epistolae et varii tractatus. [Cur.] Ambrosius Archintus & Joannes Vinzalius. Lyon: Joannes de Vingle, 1497. [ISTC ip00722000]  Pius II: Epistolae et varii tractatus. Lyon: Etienne Gueynard / Joannes de Vingle, 1505  Pius II: Epistolae et varii tractatus. Lyon: Etienne Gueynard, 1518 1 Title in Freher's edition 2 Senensis episcopi : episcopi Senensis B, C, F 3 Oratio … consistorio : Aeneae Silvii episcopi Senensis oratio ad Nicolaum pontificem nomine Caesaris de passagio contra infideles indicendo D, G; Oratio … consistorio : Hoc fuit inicium orationis [sic!] ut Caesarem Fridericum in Turcos passagium parantem modis omnibus adjuvare velit FR1; Oratio Aeneae coram Sanctissimo Senatu Cardinalium imperatore coronato pontifice, et eius nomine ad passagium incedendum OO; Oratio Enee coram sanctissimorum senatu cardinalium imperatore coronato presente et eius nomine ad passagium inducendum CCCCLIIII KO 0. Introduction [5 [2] [EV] Quod

1 postmodum et 2 in novo testamento et in tempore gratiae multis exemplis et auctoritatibus est firmatum, sicut et Constantini Magni et Theodosii et 3 Justiniani et aliorum Christianorum Caesarum 4 gesta 5 testantur. Eam ob causam cupidus 6 atque avidissimus 7 divus Caesar Fridericus, Romanorum imperator Augustus, filius tuus obsequentissimus, suis diebus adversus impios {162r} Mahumeti cultores generale passagium fieri, atque in illud suum studium, suas curas suasque vires omnes convertere, te prius, magni dei vicarium, Christianae plebis sacratum caput, perfectum ducem, optimum rectorem, veracem magistrum et consulendum, et audiendum, et sequendum existimavit, cujus providentia noscere, auctoritas monere 8 , potestas implere possit, quod sit agendum.

	[2] [IV/FV] Quod

postmodum et in novo testamento ac 9 in tempore gratiae multis exemplis et auctoritatibus est firmatum 10 , sicut et 11 Constantini Maximi 12 et Theodosii et Justiniani et aliorum Christianorum Caesarum gesta testantur 13 . Eam 14 ob causam cupidus atque avidissimus Caesar, divus 15 Fridericus, Romanorum 16 imperator Augustus, {36v} filius tuus obsequentissimus 17 , suis diebus 18 adversus impios Mahumeti cultores generale passagium fieri 19 , atque in illud suum studium suasque vires 20 omnes convertere, te prius, magni dei vicarium, Christianae plebis sacratum 21 caput, perfectum 22 ducem, optimum rectorem 23 , veracem magistrum consulendum 24 , audiendum,

	1 admonentur magis … quod omit. U, W
	2 omit. T
	3 omit. T
	4 et aliorum … Caesarum omit. T
	5 Caesarum gesta : gesta Caesarum U
	6 cupide V
	7 avidissime V
	8 movere T, U, V, W
	9 et G
	10 servatum M
	11 omit. D, G
	12 magni M, KO, OO
	13 sicut et … testantur omit. P
	14 eamque P
	15 dominus M, FR1; divinus KO
	16 Romanus M, KO, OO
	17 tuus obsequentissimus : obsequentissimus tuus F
	18 suis diebus : suo tempore M, P, FR1, KO, OO
	19 fieret KO, OO
	20 curas M, FR1, KO, OO

21

plebis sacratum : religionis magnum P; plebis sacratum FR2; plebis sacratum religionis magnum M, FR1, KO, OO

22

profectum OO

23

optimum rectorem : rectorem optimum C

24

et add. FR1 et 1 sequendum censuit, cujus

providentia 2 noscere 3 , auctoritas monere 4 , potestas implere 5 possit 6 , quod 7 sit agendum.

Caesar super universali passagio cum tua beatitudine tractaturus. Coronatus enim 1 jam triplici corona ejusque regni tua beneficientia rex 2 confirmatus, cujus potentiam Daniel ferro comparavit, cujus limites solus claudit Oceanus, cujus fundator

  Octavianus, confirmator 3 Jesus Christus 4 fuit, quod Romana semper ecclesia magnifecit, extulit, honoravit, cujus

	1 omit. P, FR1
	2 providentiam M, KO, OO
	3 vestra OO
	4 movere M, KO, OO
	5 cogere FR1
	6 potest G, M, P, FR1, KO, OO
	7 quod corr. ex quid A; quid M, P, FR1, KO, OO
	8 I.e. the Christian age
	9 Constantinus I [Flavius Valerius Aurelius Constantinus Augustus] (ca. 272-337): Roman Emperor from 306 to his
	death
	10 Theodosius I [Flavius Theodosius Augustus] (347-395): Roman Emperor from 379 to his death
	11 Justinian I [Flavius Petrus Sabbatius Justinianus Augustus] (ca. 482-565): Byzantine Emperor from 527 to his death
	12 Friedrich III (Habsburg) (1415-1493): Duke of Austria (as Friedrich V) from 1424. Elected King of Germany and Holy
	Roman Emperor in 1440, crowned in Rome in 1452

13

"generale passagium". Hereafter translated as "crusade" 14 Muhammad (ca. 570-ca. 632): the founder of Islam

15

The papal title of Vicar of God (or of Christ) was first used by Pope Innocent III

(1198)(1199)(1200)(1201)(1202)(1203)(1204)(1205)(1206)(1207)(1208)(1209)(1210)(1211)(1212)(1213)(1214)(1215)(1216)

. It signalled the supremacy of the papal office, also in temporal affairs, cf. Sayers, pp. 14-16

[3]

[EV] Venit igitur ad te hodie tuumque gravem et ornatissimum senatum

auctoritas in terris nisi tuae cedit nulli, cujus officium est patrocinari

  ecclesiae, tueri religionem, parcere subjectis et debellare superbos. Hujus, inquam5 , regni solium adeptus Caesar, quid

aliud cogitet quam passagium, per quod et 6 Christiani fortiores et hostes fidei reddantur imbecelliores? Princeps, inquit sapiens, quae sunt digna principe cogitabit. [cont.]

	[3] [IV/FV] Venit

igitur ad te hodie 7 tuumque 8 sacratissimum senatum Caesar super universali passagio cum tua beatitudine locuturus. Coronatus enim jam triplici corona ejusque regni tua benificientia rex confirmatus, cujus potentiam Daniel ferro comparavit, cujus limites solus claudit oceanus, cujus fundator Romulus

  9 , confirmator Julius, ampliator10 Augustus, approbator dominus Jesus

fuit, cujus auctoritas in terris nisi tuae cedit nulli, cujus officium est parcere 11 subjectis et debellare superbos. Quid aliud cogitet 12 quam passagium, per quod et 13 Christiani fortiores et inimici Christi nominis 14 redduntur 15 imbecelliores? Princeps 16 , inquit 17 sapiens 18 , quae sunt digna principe 19 cogitabit. [cont.]

	1 omit. T
	2 omit. V
	3 dominus add. V, T
	4 omit. V, T
	5 hujus inquam : huiusque U
	6 omit. V
	7 ad te hodie : hodie ad te KO, OO
	8 tuum M
	9 Romulus Julius Augustus Jesus in marg. D, G
	10 amplificator M, KO, OO
	11 partem M
	12 cogit KO; cogitat OO
	13 omit. B, D, E, G
	14 Christi nominis : nominis Christi FR1
	15 creduntur M, KO, OO
	16 ut add. FR1
	17 inquam M, KO, OO

18

Sapiens in marg.

A, D, G

apud Medos, ut Herodotus, apud omnes, ut Cicero sensit, justitiae fruendae causa sunt creati, velut 1 injuriarum propulsatores, qui si Platoni magno voluerint auscultare ceterisque philosophis recta monentibus oboedire, procurationem reipublicae non ad suam, sed ad eorum, qui sibi commissi sunt, utilitatem gerere 2 conabuntur. Atque hoc est quod de passagio Caesarem et sollicitum et anxium facit.

	[3] [IV/FV cont.]
	that break, and destroy all these
	7 Romulus: twin of Remus, legendary co-founder of Rome
	8 Julius Caesar, Gaius (100-44 BC): Roman general and statesman
	9 Augustus, Gajus Octavianus (63 BC-14 AD): Adoptive son of Julius Caesar. Founder of the Roman Empire and its first
	emperor, ruling from 27 BC to his death

5

Daniel: (Bibl.) The protagonist of the Book of Daniel 6 Daniel, 2, 40: And the fourth kingdom shall be as iron. As iron breaketh into pieces, and subdueth all things, so shall

10

The Early Version has: It was founded by Octavian, and confirmed by the Lord Jesus

11

Here Piccolomini echoes the claim that papal authority is superior to that of the emperor 12 Vergilius: Aeneis, 6.853

13

Isaiah, 32, 8

[3] [EV cont.]

Reges

Reges apud Medos, ut Herodotus inquit 3 , apud omnes, ut Curtius 4 sensit, justitiae fruendae causa creati sunt, velut injuriarum propulsatores 5 , qui si Platoni 6 7 auscultare volunt 8 ceterisque philosophis recta monentibus 9 oboedire, procurationem 10 reipublicae non ad suam, sed ad eorum, qui 11 sibi commissi sunt, utilitatem gerere debent 12 . Atque hoc est, quod de passagio Caesarem et sollicitum et anxium facit 13 .

jam primum absolvamus. Passagii vocabulo nihil aliud designamus quam militarem 1 expeditionem numerosissimam adversus infideles per Romanum pontificem indictam. Quam qui sequuntur cruce signati plenariam peccatorum remissionem et merentur et assequuntur, appellaturque passagium sermone {162v} Italico quasi transitus. Nam sicut aves quaedam certis anni temporibus gregatim 2 de regione in regionem 3 transeunt dicunturque passagium facere, sic et Christiani nonnumquam, armis sumptis 4 turmatim 5 incedentes, atque in hostes fidei ex apostolicae sedis jussione prosilientes, et visi et dicti sunt passagium habuisse 6 . Numquam tamen verum passagium dici potest, nisi multorum fuerit populorum, qui migrare magis novas

	sedes quaesituri, quam bellaturi videantur, qualis Gallorum, Cimbrorum, Gothorum, Hunnorum
	in Italiam inundatio fuit. Intelligunt jam omnes, nisi fallor 7 , quid sit passagium, quod petitur.
	[5] [IV/FV] Sed
	1 Herodotus (ca. 484-425 BC): Greek historian
	2 Curtius Rufus, Quintus: Roman historian, writing probably during the reign of the Emperor Claudius (41-54 AD) or
	Vespasian (69-79 AD). His only surviving work, Historiae Alexandri Magni, is a biography of Alexander the Great in
	Latin in ten books

3

Cicero: De officiis, 2.12.41.: Mihi quidem non apud Medos solum, ut ait Herodotus, sed etiam apud maiores nostros iustitiae fruendae causa videntur olim bene morati reges constituti 4 "recta monentibus" 5 Cicero: De officiis, 1.25.85; Plato: Republic, 420B

[5]

[EV] Sed

jam primum absolvamus. Passagii vocabulo nihil aliud designamus quam expeditionem militarem numerosam 8 adversus infideles per Christianos indictam. Quam 9 qui 10 sequuntur 11 cruce signati plenariam peccatorum omnium 12 remissionem merentur, appellaturque passagium sermone Italico quasi transitus. Nam sicut aves quaedam gregatim certis anni temporibus de regione in regionem transeunt dicunturque 13 passagium facere, sic 14 et 15 Christiani nonnumquam, sumptis armis turmatim incedentes, atque in hostes fidei ex apostolicae sedis jussu prosilientes, et visi et 16 dicti 17 sunt passagium habuisse. Neque verum passagium videri potest, nisi multorum fuerit 18 populorum qui migrare {37r} magis novas sedes quaesituri, quam bellaturi videantur, sicut Cimbrorum in Italiam 19 inundatio 20

	1 militantem V
	2 omit. T
	3 regiones T
	4 armis sumptis : sumptis armis U, V, W
	5 trans mare T
	6 facere U, V
	7 fallar T
	8 numerosissimam M, KO, OO
	9 qua A; quod D, G
	10 si M, KO, OO
	11 consequuntur M, KO, OO
	12 omit. FR1
	13 dicuntur quoque KO, OO
	14 omit. M, KO, OO
	15 omit. M
	16 Dei add. KO, OO
	17 docti M
	18 fiunt KO, OO
	19 Italia M, KO, OO
	20 mendacio P
	1 ad OO

ac 1 Gothorum et Hunnorum excursio. Habemus quid sit passagium.

vero commiseratio prodeat, paucis, adverte, docebo. Quis infirmatur, inquit apostolus, et ego non infirmor? Quis scandalizatur

  , et ego non scandalizor? 1 Pulchre, recte, religiose, sancte dictum. Nam cujus

[EV] Unde

pectus adeo durum est, ut dolentibus non condoleat, gementibus non congemat, tristantibus fratribus 2 non contristetur? Caesar quidem 3 postquam discretionis attigit annos coepitque noscere fidei nostrae sacramenta, mox religionis induit zelum, rebusque omnibus divini cultus praeposuit augmentum. Sic enim et suae naturae bonitas et sanguinis nobilitas

  exposcebat. Nam sublimis et inclytae 4 domus

Austriae principes, inter quos plures et reges et imperatores claruerunt, tunc sibi prospere succedere speraverunt, cum divino numini bene et constanter famulati essent 5 .

	[7] [IV/FV] Unde

vero commiseratio prodeat 6 , paucis, adverte, docebo. Quis infirmatur, inquit apostolus, et ego non infirmor? Quis 7 videt

  8 afflictos et non affligitur?

Cujus pectus adeo durum est, ut dolentibus non condoleat, gementibus non congemat, tristantibus non contristetur? Caesar quidem postquam discretionis attigit annos coepitque 9 noscere fidei nostrae 10 11 sacramenta 12 , mox religionis induit zelum, coepitque rebus omnibus divini cultus augmentum praeponere, quod sibi et suae 13 naturae bonitas et nobilitas sanguinis suadebat. Nam domus Austriae principes 14 , inter quos plures et 15 reges et 16 imperatores floruerunt 17 , tunc sibi prospere succedere speraverunt, cum divino nomini 18 bene atque 19 constanter famulati fuissent.

	1 quis scandalisatur .. scandalisor omit. T
	2 omit. T
	3 quidam W
	4 et inclytae omit. T
	5 fuissent T
	6 procedat D, G
	7 qui M, KO, OO
	8 vidit M, KO, OO
	9 tepidus et M
	10 omit. FR1
	11 fidei nostrae : nostrae fidei KO, OO
	12 sacramentum OO
	13 sua M
	14 princeps M, KO, OO
	15 omit. P
	16 et … et : ac … ac KO, OO
	17 fluxerunt M
	18 cultui M; numini P, FR1

19

ac G; et M,

KO, OO

exivit 1 , adolescens adhuc 2 trans mare navigavit, contemnensque pelagus et tempestatum minas, digitis a morte 3 remotus 4 quattuor aut septem, cupidus osculari 5 locum, ubi fuerunt pedes ejus, qui nos redemit in

  4 medio terrae salutem operatus, Jerusalem perrexit, sepulchrum domini visitavit, Calvariae locum inspexit, montem ascendit Oliveti, vidit cenaculum magnum 6 stratum, et Pilati praetorium, intravit 7 desertum, transivit Jordanem 8 , Bethlehem accessit, et vallem Josaphat penetravit. Mirabilem sibi atque incredibilem devotionem sanctorum locorum visio suggerebat.[8] [IF/FV] Quorum vestigia secutus 9 Fridericus 10 , defunctis parentibus, quamprimum tutelam exivit, ut locum videret, in quo nostra redemptio celebrata est, adhuc

1 Vergilius: Aeneis, 8.50

2 2. Corinthians, 11, 29 3

Origenes: In epistolam Pauli ad Romanos explanationes, 7, 2 (transl. of Rufinus)

4

Valerius Maximus: Facta et dicta memorabilia, 1.1.9

[8]

[EV] Quorum vestigia sectatus Fridericus defunctis parentibus, ut primum tutelam

adolescens trans mare navigavit, contempsitque 11 pelagus, digitis a morte remotus quattuor aut septem. 12 Inspexit

  13 locum, ubi natus salvator noster Christus, ubi positus 14 in praesepio, ubi praesentatus in templo, ubi baptizatus, ubi temptatus, ubi praedicavit, ubi Lazarum suscitavit, ubi cenavit, ubi captus, ubi derisus, ubi judicatus, ubi crucifixus, ubi sepultus est, et unde15 ascendit in 16 caelum. Quid multa dicam? Osculatus est Caesar terram, ubi

fuerunt pedes ejus, qui nos 17 redemit.

	1 exuit T, U; omit. V
	2 adolescens adhuc : adolescens admodum T
	3 mente T
	4 remotis T; omit. V
	5 obsculari W
	6 grande T, V
	7 intravit add. V
	8 vidit sepulcrum domini add. V [sic!]
	9 omit. P
	10 secutus Fridericus : Fridericus secutus M, FR1, KO, OO
	11 contraxitque M; contexitque KO, OO
	12 a morte … septem omit. KO, OO
	13 auspexit M; aspexit KO, OO
	14 est add. FR1
	15 vbi M
	16 ad G
	17 non M

Nil aliud dicere {163r} potuit quam propheticum illud 5 : O 6 Deus, venerunt gentes in haereditatem tuam, polluerunt templum 7 sanctum tuum, posuerunt Jerusalem in pomorum custodiam. Et iterum

, sicut alius propheta clamat: Quomodo

sedet sola civitas plena populo, facta est vidua domina gentium, princeps provinciarum est sub tributo. Proh quantum urgebat angebatque

	Fridericum illius sanctae
	civitatis indigna servitus, et illorum, qui trans mare sunt, Christianorum oppressio.
	[9] [IV/FV] Sed quo animo tunc 8 fuisse arbitraris, cum spurcidos 9 illic Saracenos, immundos,
	horridos 10 dominari 11 videret, sanctissima loca possidentes? Quid

aliud dicere poterat 12 nisi propheticum illud: Deus, venerunt gentes in haereditatem tuam, polluerunt templum sanctum tuum, posuerunt Jerusalem in pomorum custodiam. Et iterum: Quomodo 13 sedet sola 14 civitas 15 plena populo, facta est vidua domina gentium, princeps provinciarum facta 16 est sub tributo. Proh 17 quantum urgebat 18

  You may imagine how he felt when he saw those revolting, filthy, and horrible Saracens lording it over the holy places in their possession. What could he say other than the words of the prophet: O God, the heathens are come into thy inheritance, they have defiled thy holy temple: they have made Jerusalem as a place to keep fruit.1 And again: How doth the city sit solitary that was full of people! How is the mistress of the Gentiles become as a widow: the princes of provinces made tributary! 2 Oh, how deeply moved was the emperor by the oppression of that city and by the abject state of the Christians living across the sea.

	2 gemebat U, V
	3 tractus V
	4 Genesis, 6, 6
	5 omit. U, W
	6 omit. V
	7 omit. W
	8 animo tunc : tunc animo M, P, FR1, KO, OO
	9 spurios FR1
	10 horridosque M, KO, OO
	11 damnari OO
	12 potuit G
	13 quo C
	14 sedet sola : sola sedet M
	15 sola civitas : civitas sola G

Caesarem haec 19 civitatis oppressio, et illorum, qui sunt trans mare, Christianorum conculcatio.

1

omit. T, V, W; interlin. U

16

omit. M, P, FR1, KO, OO

17

dolor add. FR1 18 angebatque add. M, P, KO, OO

19

huius M, KO, OO; illius P, FR1

[START_REF][END_REF]

[IV/FV]

[10]

[EV] Sed

quid Graecia, litterarum mater, inventrix legum, cultrix morum 1 , atque omnium bonarum et 2 optimarum artium magistra? Quem non misereat illius gentis afflictae, conculcatae, pessumdatae, cujus imperium non solum 3 sub Alexandro Macedone 4 suisque successoribus, sed sub Atheniensibus, Thebanis, Spartanis olim et florentissimum et potentissimum fuit, nunc vilibus effeminatisque Turcis cogitur oboedire

?

[10]

[IV/FV] Sed

quid Graecia 5 , litterarum mater 6 , inventrix legum, cultrix morum, et omnium bonarum artium 7 magistra 8 ? Quis 9 non misereatur 10 gentis illius afflictae, oppressae, pessumdatae, cujus imperium non sub Alexandro Macedone solum suisque successoribus, sed sub Atheniensibus, Thebanis et 11 12 Lacedaemoniensibus 13 olim et 14 florentissimum et 15 potentissimum fuit, nunc ubilibet 16 effeminatis 17 Turcis servire coacta est?

	1 omit. U, W
	2 omit. V
	3 omit. U, V, W
	4 solum add. T [sic!], U, V, W
	5 Graecia in marg. D, G
	6 litterarum mater : mater litterarum M
	7 bonarum artium : artium bonarum M, KO, OO
	8 magister OO
	9 quem M, P, FR1, KO, OO
	10 miserit M; misereat P, FR1; miseret KO, OO
	11 ac M, KO, OO
	12 Thebanis et omit. P, FR1
	13 Spartanis FR1
	14 omit. M, KO, OO
	15 ac M
	16 vilibus P, FR1
	17 effeminatisque FR1

regnum illud Hungariae nobilissimum, terra antiqua, potens armis atque ubere glebae 1 ? Heu quanta passi sunt Hungari diebus nostris, qui dum nostrum servant sanguinem, fundunt suum, quorum pectora nostri sunt muri! Obligamur certe omnes Christiani magnatibus

  et populis Hungariae, qui

	1 Cicero: Tusculanae disputationes, 5.2.5. Piccolomini applies Cicero's praise of philosophy to Greece
	2 i.e. the liberal arts
	3 Cicero: In Catilinam, 2.29: implorare debetis ut, quam urbem pulcherrimam florentissimam potentissimamque esse
	voluerunt

4

Alexander III the Great (356-323 BC): King of the Greek kingdom of Macedon. Created one of the largest empires of the ancient world, stretching from Greece to Egypt and into present-day Pakistan

[11 EV] Quid

pro nobis mortificantur tota die et facti sunt sicut oves occisionis. Ecce

	2
	tibi praesentem illorum regem puellum 3 , pupillum, orphanum Ladislaum, clarissimam et regum
	et imperatorum sobolem, qui dum suo regno 4 suisque subditis opem orat afferri, toti
	Christianismo 5 consulit. Utinam tam tuam sanctitatem quam Caesaris majestatem suae preces,
	suae lachrimae moveant. Nam illi genti postulat auxilium, quae suis armis nobis omnibus affert
	praesidium.
	[11 IV/FV] Quid

regnum {37v} illud 6 Hungariae nobilissimum, terra antiqua, potens armis atque ubere 7 glebae 8 ? Heu qualiter 9 passi sunt Hungari diebus nostris, qui dum nostrum servant 10 sanguinem, fundunt suum, quorum pectora nostri 11 sunt muri! Obligamur certe 12 omnes Christiani Hungaricae genti, qui pro nobis mortificantur tota die et facti sunt sicut oves 13 occisionis

. Eccum 14 praesentem illorum regem puerum, pupillum, orphanum Ladislaum, nobilissimam 15 et regum et imperatorum prolem, qui suo regno suisque subditis postulat 16 auxilium. Utinam

17 tam sanctitatem tuam quam Caesaream 18 majestatem 19 suae preces, suae lacrimae moveant 20 . Nam illi genti postulat auxilium, quae 21 suis armis 22 toti

  23 Christiano populo 24 affert praesidium.

	1 gleba T, U, W
	2 eccum U; et quoniam V; et cum W
	3 puerulum V
	4 suo regno : regno suo V
	5 Christianitati U; Christianissimo V
	6 regnum illud : illud regnum M
	7 ubera M, KO, OO
	8 plebe M, KO, OO
	9 quanta M, P, FR1, KO, OO
	10 servare M
	11 nostra E
	12 recte M, KO, OO
	13 ovis M, KO, OO
	14 et cum tibi P; ecce tibi FR1
	15 nobilissimum M, KO, OO; omit. FR1
	16 omit. M, KO, OO
	17 nunc KO, OO
	18 Caesarem P
	19 em.; omit. A, B, C, D, E, G, M, P, FR1, KO, OO [emendation on the basis of EV]
	20 moneant M
	21 quo M

22

suis armis omit. M, KO, OO

23

toto M,

KO, OO

1 et aliarum calamitas provinciarum: Massagetae et alii Scytharum quamplures 2 populi nunc Livoniam, nunc Lituaniam vexant. Mauri non parvum Hispaniarum occupant regnum,

  Jonii, Carphatii 3 , Egei 4 , Tyrii 5 nostrique

1 Vergilius: Aeneis, 1.531 2 Romans, 8, 36

3

Ladislaus the Posthumous (Habsburg) (1440 -1457): Duke of Austria from 1440, King of Hungary from 1444 and King of Bohemia from 1453 to his death

[12]

[EV] Accedit

maris insulas Cyprum, Rhodum, Cretam, Siciliam, quin et 6 ipsa Italiae littora barbarorum saepe classes invadunt asportantque Christianos

	. O
	nostram maximam negligentiam! O tempora! O mores! Proh pudor, major est Saracenorum in
	sua perfidia quam noster in fide zelus.
	[12] [IV/FV] Accedit

7 et 8 aliarum calamitas provinciarum: Massagetae et alii 9 Scytharum 10 quamplures populi Livoniam vexant. Mauri non 11 parvum 12 Hispaniarum 13 occupant regnum. Nostri 14 maris, quod

  Mediterraneum vocant15 , insulas

Cyprum, Rhodum, Cretam 16 , Siciliamque 17 18 , et ipsa 19 Italiae littora 20 barbarorum saepe classes invadunt asportantque 21 Christianos. O nostram maximam 22 negligentiam! O tempora! O mores!

  When the pagan emperors worshipped idols, the number of believers increased1 daily. Now that the emperors, kings and dukes are Christian, Christianity decreases. The worship of Christ, once filling the whole world, has been reduced to the corner of Europe 2 . We have lost Africa and Asia. Even in Europe we are being oppressed. Why is that? Ardour has cooled, love has grown tepid. Oh, what sorrow! The Saracen unbelievers show greater zeal than we believers. We see how Christians are being abused, and we remain silent. Our religion is being persecuted and destroyed, and we look away. But the emperor wants to pursue a different course, as he thinks you do, too. For, as the Philosopher 3 believes, anyone who does not defend the oppressed and resists abuse is as much at fault as if he deserts his own parents, friends, or fatherland.4

	1 accidit T 2 complures U, V, W 3 Carpacii T, U, V, W 4 Aegyptii T 5 omit. T 6 eciam V 7 accidit M, KO, OO 8 ad E; ut M, KO, OO 11 vero KO, OO 12 non parvum : imperium P, FR1 13 Hispanorum M, KO, OO 14 Yonii P; Ciliciam FR1 15 quod … vocant omit. P, FR1 16 Cretem A, B, C, D, E, G; Crethem F 17 Siciliam quin P, FR1 18 nostri … Siciliamque : Siliciam Januniarum in silvas Ciprum Rethum Crethum Siciliam quia M; Siliciam iammarius in [13] [IV/FV] 1 Acts, 5, 14
	silvas Cyprum Rethnum Crethum Siciliamque KO; Ciliciam Cammiarius in sylvas Rethum, Cretum, Siciliam quare OO
	19 ipsi M, KO
	20 littera M
	21 aspernantque KO, OO
	22 nostram maximam : maximam nostram C

9

omit. M, P, FR1, KO, OO

10

et alii Scytharum em.;

Schytiam A, B, C, E, D, G [emendation after EV; erroneous

text in final version, presumably due to a scribal error in the master copy] 2 Flavio Biondo: Historiarum ab inclinatione Romanorum Imperii decades, II, 3 [Im. 75]: per cujus [Europae] omnes provincias et regiones nomen floruit Christianum. Quod nomen nostris temporibus ad parvum orbis angulum coangustari et quotidie de excidio periclitari videmus. Cf. Mertens, pp. 70-71 3 i.e. Cicero 4 Cicero: De officiis, 1.7.24

[14]

[EV] Quod ne sibi neve tibi quisquam 1 imputet, passagium petitur. Sed accipe nunc utilitatem quam parere 2 passagium poterit. Subveniemus laborantibus Hungaris; auferemus jugum servitutis ex collo Graecorum; recuperabimus sanctam

terram 3 ; exterminabimus idolum monstrumque 4 illud pessimum

  , horrendum, ingens Mahumeti; et5 Christianae religionis fines

	super et Garamantas et Indos proferemus.
	Jacet extra sidera tellus, extra anni solisque vias,
	ubi caelifer 6 Atlas axem 7 humero premit 8 stellis ardentibus aptum.
	En magnam utilitatem! Nam sic agentes aut agere temptantes incorruptibilem caelestis regni
	coronam adipiscemur, quam reddet nobis in illam diem justus judex.
	1 quisque T
	2 parare V
	3 recuperabimus sanctam terram : terram sanctam recuperabimus V
	4 monstrum T
	5 omit. U, V, W
	6 stelifer V
	7 M [sic!] U
	8 torquet V
	9 quisquam P, FR1
	10 expedit KO, OO
	11 laboribus KO, OO
	12 Ungaros KO, OO
	13 omit. M

[14]

[IV/FV] Quod ne tibi neve sibi quispiam 9 imputet, passagium expetit 10 , in quo magnam utilitatem esse intelligit: subvenire laborantibus 11 Hungaris 12 ; liberare Graecos a servitute; propagare divinum cultum; sanctam terram ex manibus impurorum vendicare; monstrumque illud

13

et abhominabile idolum Mahumeti exterminare, unde placentes Deo 14 immarcescibilem caelestis regni coronam adipiscamur

15

. En magnam utilitatem! 14 omit. M, KO, OO

15

adipiscantur M, FR1,

KO, OO

nos de hoc bello dicemus, quod non terrenus, sed caelestis imperator indicit, in quo non

  pomerii, sed fidei propagatio quaeritur; in quo non paterna domus, sed fides

esse censebant. In quibus qui viriliter pugnavissent, non vincentes modo, sed occumbentes quoque 2 dignos honore glorisososque judicabant, atque his statuas dicabant et triumphales arcus. Quid

catholica defenditur et honor salvatoris nostri, qui cum in forma Dei esset, non rapinam arbitratus est esse se aequalem Deo, sed semetipsum exinanivit formam servi accipiens, in

  similitudinem hominum factus et habitu inventus ut homo humiliavit seipsum factus

3 oboediens usque ad mortem, mortem autem crucis, ut nos ex diabolica servitute redimeret?

  Sed non est vera utilitas honestatis 4 expers 5 . Majores nostri justum bellum gerere honestam rem censebant6 . Erat autem belli aequitas 7 sanctissima 8 senatus populi Romani9

[15] [IV/FV]

jure praescripta 10 , denuntiataque 11 bella

et

12

indicta justa putabant in quibus qui viriliter pugnavissent, 13 non viventes 14 solum

15

, sed

occumbentes 16 honore dignos glorisososque judicabant. Quid nos 17 de hoc bello dicemus, quod non terrenus

{38r} homo, sed divinus 18 imperator indicit

19

, in quo non imperii

20

, sed divini cultus propagatio quaeritur; in quo fides

catholica defenditur et honor salvatoris nostri, qui cum in forma Dei esset 21 , non rapinam arbitratus est se esse 22 aequalem Deo, sed formam servi accipiens

	1 justaque V
	2 -que V
	3 et habitu … factus omit. T
	4 honestas M
	5 omit. KO, OO
	6 De honestate rei in marg. D; censebatur M
	7 equites E
	8 sanctissimi M, FR1, KO, OO
	9 populi Romani : pro M, KO, OO
	10 perscripta FR1; descripta KO, OO
	11 denunciata quae KO, OO
	12 omit. M, KO, OO
	13 pugnassent C, M, KO, OO
	14 vincentes FR1
	15 omit. M
	16 que add. M, KO; quoque add. OO
	17 omit. M, P, FR1, KO, OO
	18 divus P, FR1
	19 indicat P, KO, OO

exinanivit se ipsum

23

, factus

20

impii A, B, C, E, G, M, KO, OO [NB: emendation of A by D] 21 omit. OO 22 se esse : esse se M, KO, OO 23 exinanivit se ipsum : seipsum exinanivit M, KO, OO oboediens

usque ad mortem, mortem autem crucis, ut nos ex 1 diabolica servitute redimeret? 2

  Tumet adversarius ejus3 Mahumetus, inflatur, cornua erigit4 , et nos quiescimus? An non arma pro Christo sumemus, qui pro nobis sumpsit humanitatem?

quo magni Dei causam tuemur 2 , in quo, qui 3 vitam temporalem amittet 4 , acquirit 5 aeternam et 6 famam clarumque nomen adipiscitur 7 sempiternum. Ac tantum de secunda parte sit dictum, in qua cur passagium quaeretur 8 monstrandum fuit.

	[16] [IV/FV] Maxima esset ingratitudo nostra, si non ad incertam mortem pro Christo iremus, qui
	certam pro nobis tulit; si non illi vitam offeremus 9 , a quo suscepimus. En bellum honestissimum,
	in quo patris,
	1 omit. M; de KO, OO
	2 et add. M, P, FR1, KO, OO
	3 adversarius ejus: adversus eos M, KO, OO
	4 erit M

5

Cicero: De officiis, 1.36 6 "divinus imperator", i.e. God 7 Philippians, 2, 6-8 8 "sumpsit humanitatem"

[16]

[EV] En gloriosum atque honestissimum bellum, quod tanti beneficii memores susceperimus, in quo patris, in quo domini 1 , in quo redemptoris nostri, in

in quo domini, in quo magni Dei nostri 10 causam tuemur 11 , in quo, qui vitam temporalem amittit 12 , aeternam et famam clari nominis adipiscitur sempiternam.

  Quid plura? Tantum abest13 , ut non sit gloriosum pugnare pro fide, ut 14 informe 15 foedumque sit non pugnare, quando necessitas urget; sicut jam crassantibus16 undique infinitis modis17 18 Saracenis19 , et nomen Christi magna vi20 , crudelitate atque immanitate persequentibus21 . Hoc22

tantum de secunda parte sit 23 dictum, in qua cur passagium

	1 in quo patris, in quo domini omit. FR2
	2 tuebimur T
	3 omit. T
	4 amittit T
	5 acquiret T
	6 acquirit aeternam omit. V
	7 adipiscetur T
	8 queretur T
	9 offeramus corr. ex offeremus C
	10 omit. M, KO, OO
	11 tenemur M
	12 acquirit add. M, P, FR1, KO, OO
	13 obest M; obestis KO, OO
	14 omit. F
	15 infame M, P, FR1, KO, OO
	16 grassantibus G, FR1, OO
	17 mors F
	18 inifinitis modis : in fratres nostros M, P, FR1, KO, OO
	19 Saracenos M, KO
	20 omit. KO, OO
	21 prosequentibus P, FR1

peteretur, monstrandum fuit.

22

et M, P, FR1, KO, OO

23

omit. M,

KO, OO

Alexii, qui Constantinopolim tenebat, precibus et aliorum Christianorum, qui sub tributo Turcorum vitam agebant, rogatibus excitatus 4 , gravi et 5 laborioso itinere in Galliam profectus 6 , atque hominum tricenta millia sicut Otto Frisingensis affirmat non futilis auctor, in Graeciam, Asiam Syriamque transmisit 7 maximum exercitum

3 ." At Urbanus, antecessor tuus, cum vexaretur a paganis orientalis ecclesia, Saracenique terram sanctam invasissent, motus comparavit 8 , quibus nullae Saracenorum copiae, nullae vires

obsistere potuerunt, quin et Antiochiam expugnarent et Jerusalem obtinerent. Unde adhuc et

	Urbani, qui convocavit passagium, et Gotfredi, qui duxit, illustre nomen habetur, quamvis
	quinquaginta et trecenti ab illo tempore fluxerunt anni.

[17]

[IV/FV] Superat

9 nunc de possibilitate congregandi passagium 10 11 deque spe fructus dicere. Plurimi sunt, beatissime pater, qui cum nominari passagium audiunt, "Ecce vetus somnium 12 ", inquiunt 13 , "vetus deliramentum, inanes fabulas." Verum 14 Urbanus 15 , antecessor tuus, cum vexaretur a paganis orientalis ecclesia, Saracenique 16 Jerusalem 17 conculcarent 18 , motus Alexii 19 , qui Constantinopolim tenebat, et aliorum Christianorum, qui sub tributo Turcorum vitam agebant 20 , precibus, gravi 21 et laborioso itinere in Galliam profectus, maximum exercitum congregavit atque hominum trecenta 22 millia, ut 23 Otto Frisingensis 1 scribit, non futilis 1 auctor, in

	1 supererat T; superest V
	2 vt teres V
	3 fabellas U, W
	4 exercitatus W
	5 ac U, V, W
	10 passagii FR1
	11 De possibilitate passagii in marg. D
	12 somnum KO, OO
	13 iniquum M, KO
	14 unde M
	15 Urbanus papa in marg. D, G
	16 Sarraceni qui M
	17 taliter M; tum illam OO; Thilum KO
	18 conculcarunt M
	19 Alexius imperator in marg. D, G; Allexii M
	20 egebant M, KO; degebant OO
	21 igni KO, OO

6

maximum exercitum comparavit add. U, V, W [here U, V, W follow IV/FV] 7 atque hominum … transmisit omit. T 8 maximum exercitum comparavit del. U, V, W [here U, V, W follow IV/FV] 9 supererat A, B, C, D, E, G; supererit M, FR1,

KO, OO

si pax Christianos 19 haberet, incassum quietos principes 20 atque otio 21 torpentes 22 excitaremus, neque utiles bello manus invenirentur, timerent mortes 23 , ferrum, neque signum, neque tubam ferre possent. Nunc vero excitati 24 bellis populi 25 ultro sese offerrent: facilius ex bello vocatur in 26 bellum quam ex otio

	1 discordantes T
	2 aptisque T
	3 ducere V
	4 sententiam conducere : ducere sententiam T
	5 horrent U; horrerent corr. ex horrent W
	6 ex bello vocatur : vocatur ex bello V
	7 habetur M
	8 sunt inter se : inter se sunt M, KO, OO
	9 fragrantes A, B, C, D; flagrantes G; frangunt M; flagrant P, FR1; fragrant KO, OO
	10 summam M, KO, OO
	11 putant M, KO, OO
	12 obstare judicant : putant obstare P, FR1
	13 omit. G
	14 unam passagii … judicant passagio omit. B
	15 omit. M
	16 indicat KO, OO
	17 nam P, FR1
	18 omninoque M, KO, OO
	19 qui sunt inter se … pax Christianos omit. E
	20 princeps M
	21 omit. M, KO, OO
	22 populos add. M, P, FR1, KO, OO
	23 mortem FR1
	24 excitati corr. ex excitatis D; et citati G; excitata M, KO; excitato OO; exercitato P, FR1
	25 populo M, P, FR1, KO, OO
	26 omit. M, KO, OO

miles. Bonum est viro, sicut propheta testatur, cum portavertit jugum ab 1 adolescentia sua. Quis Christianorum est 2 , postquam pugnare oportet, qui non potius in Turcos quam in

Martiales enim et feroces Europae populi nescientes quiescere. Nisi adversus exteros proelientur, in sese

  [EV] 1 ruunt. Qua ratione ductus olim vir senatorius quidam excidi 2 Carthaginem prohibebat, ne pacem habentes in circuitu Romani manus in se verterent, sicut reges Israel fecisse constat, qui victis

hostibus mutuis cecidere vulneribus. Pacem ergo ut habeant Christiani, bellum est in exteros transferendum. Ad quam rem neque Germanorum illustris animus, neque cor nobile Gallicorum, neque sublimis mens Hispanorum, neque gloriae cupidus Italorum spiritus deerit. Omnes, quod tua jubebit 3 sanctitas, corde

  4 magno et animo volenti 5 suscipient.

Quis dubitet cogi posse 6 passagium, quod Romani pontificis auctoritate decretum et 7 imperatoris

	voluntate fuerit ordinatum.
	[20] [IV/FV]

Martiales enim et feroces Europae populi, nescientes quiescere. Nisi adversus exteros proelientur, in se

  8 manus vertunt. Qua ratione ductus olim Scipio Nasica 9

excidi 10 Carthaginem dissuadebat 11 , ne pacem habentes in circuitu Romani in sese 12 ruerent, sicut et reges Israel victis hostibus mutuis cecidere 13 vulneribus. Jam pacem ergo ut habeant Christiani, bellum 14 in exteros 15 est transferendum. Ad quam rem neque Germanorum illustris animus, neque 16 cor nobile Gallicae gentis, neque mens sublimis Hispanorum, neque honesti cupidus Italorum deerit spiritus. Omnes, quod 17 tua jubet 18 sanctitas, constanti animo exequentur. Quis dubitet 19 posse 20 fieri 21 passagium, quod Romani pontificis auctoritate decretum et imperatoris mandato fuerit convocatum

  ? Videor videre rem perfectam, nec me dubium habet ullum, si tu verbum apponis, Caesar adjicit manum. Nam si quis oboedire neglexerit, vel tuis jussibus vel Caesaris imperio compelletur.

	1 se U
	2 excindi V
	3 videbit V
	4 omit. U, W
	5 2. Macchabees 1, 3
	6 omit. U, V, W
	7 quod V
	8 in se : nisi M
	9 Scipio Nasica corr. ex Cato C; Scipio Nasica : Cato M, P, FR1, KO, OO
	10 exscindi FR1
	11 omit. M
	12 in sese : sepe M
	13 recidere M, KO, OO
	14 inde add. OO
	15 dextros M; dexterum KO
	16 nec M, KO, OO
	17 quos D, G
	18 jubebit P, FR1
	19 dubitat M, KO, OO
	20 omit. KO, OO
	21 posse fieri : fieri posse M, P, FR1

Juvabunt et nos cum 1 divisiones illorum tum odia, quae cum Tartaris habent assiduaque certamina. Juvabit et gentis illius desperatio. Nam Mahumetum, cui maxime credunt, sectam suam in octingentos usque annos augendam, exinde minuendam astruunt 2 prophetasse. Is autem sub Heraclio Caesare malignari occoepit 3 , post quem supputantur 4 anni quadraginta et octingenti, quae

  De officiis, 1.61.: Salmacida, spolia síne sudore et sánguine. Adapted by Piccolomini 17 Hezekiah: 13th king of Judah. The commonly received computation reckons his reign from 726 to 697 B.C. res terrorem non parvum Turcis, spem Christianis adjicit.

	[23] [EV]
	1 truncatos M, KO, OO
	2 em.; mitriatosque A, B, C, D, E, F, G [emendation on the basis of EV and IV]
	3 Aegyptiacos M, P, FR1, KO, OO
	4 Aegyptii in marg. D, G
	5 Rabsaces KO, OO
	6 omit. C; legem OO
	7 confracto M, KO, OO
	8 ab … victi : victi ab eis M, P, FR1, KO, OO
	9 re M, KO
	10 innumerositati M, KO, OO
	11 quoniam M, P, FR1, KO, OO
	12 fuerunt M, KO
	13 tot add. M, KO; a add. FR1, OO
	14 et add. M, KO, OO
	15 nihilominus add. KO, OO
	16 Cicero: 18 Rabsaces
	19 Isaiah, 36, 6

Nam etsi pseudopropheta Mahumetus est, non tamen falsum vaticinium dici potest, quod sacris Jeremiae sermonibus quadrare videmus. Jeremias enim primo et quinquagesimo capitulo quasi tuam sanctitatem et Caesaris 5 majestatem

  adversus Mahumetum suscipere bellum hortatur 6 :

Nolite tacere, inquit, super iniquitates 7 ejus, quoniam tempus ultionis est domino, vicissitudinem ipse retribuet 8 ei. Possemus ad rem hanc 9 plura deducere, sed neque doctissimis tuis auribus neque praeclaris 10 sapientissimisque patribus, qui assident quique astant, donanda sunt verba. Satis est nobis absolvisse, quae promisimus, et, quae Caesarea sublimitas mandaverat

  , exposuisse.

	[23] [IV/FV]

Juvabunt et divisiones eorum et odia, quae cum 11 Tartaris habent assidua certamina. Juvabit et gentis 12 illius desperatio. Nam 13 Mahumetum, cui maxime credunt, sectam suam in octingentos usque annos augendam, exinde diminuendam asserunt 14 prophetasse 15 , qui sub Heraclio Caesare malignari coepit 16 , post quem 17 supputantur anni XL et octingenti, et

  hoc Turcos admodum territat, Christianos elevat.

Nam etsi 18 falsus 19 propheta Mahumetus est, non est tamen falsum vaticinium extimandum, quod Jeremiae 20 sacris sermonibus consonum esse videmus, dum primo et 21 quinquagesimo capitulo 1 inquit 2 1 , quasi tuam sanctitatem et 2

	1 omit. U, W
	2 asserunt V
	3 accepit T, U, W
	4 supputentur U
	5 Caesaream U [here U follows IV/FV]
	6 hortetur T, U, V, W
	7 iniquitatem T
	8 tribuit T
	9 rem hanc : hanc rem V
	10 reverendissimis U, V; Romanis W
	11 in M, KO, OO
	12 gentes M
	13 et add. M, KO, OO
	14 astruunt P, FR1; afferunt OO
	15 prophetissae OO
	16 accepit M, P, KO; occepit FR1
	17 post quem : postquam M, FR1, KO, OO
	18 si et F; et M
	19 salsus M
	20 Jeremiae vaticinium in marg. D, G
	21 ex M

1 em.; et quinquagesimo capitulo omit. A, B, C, D, E, F, G [emendation on the basis of EV and IV] 2 omit. M Caesarem adhortatus 3 :

Nolite tacere super iniquitates ejus, quoniam tempus ultionis est domino 4 , vicissitudinem ipse retribuet ei. Possem ad hanc rem 5 plura deducere, sed neque doctissimis tuis auribus neque reverendissimis sapientissimisque patribus, qui assident, danda sunt verba. Satis est nobis absolvisse 6 , quae promisimus 7 , quae Caesarea sublimitas 8 dicturum

  me 9 voluit.

ineunte adolescentia semper cordi fuit. Alius fortasse aut 16 concilium generale 17 petivisset aut reformationis 18 decreta, aut

  aliud quidpiam19 .

	1 tuum V
	2 omit. U, W
	3 imperatorium examen : imperatorum examen T; examen imperatorium V
	4 quid add. U, W
	5 arbitrio et judicio : judicio et arbitrio T
	6 omit. U, W
	7 neque W
	8 curae T
	9 omit. U, V, W
	10 salubris U, V, W
	11 intelligis Christi KO, OO
	12 integrum M, KO, OO
	13 omit. M, KO, OO
	14 voluit M
	15 ad E
	16 fortasse aut : autem M, KO, OO
	17 concilium generale : generale concilium P, FR1
	18 reformacionem M; informationem KO, OO

19

quippiam C, FR1, OO; quipiam A, D; quicpiam G; quispiam M, KO

Caesari susceptis imperialibus infulis tuaque sacra 1 manu coronato nihil hoc tempore visum est antiquius quam de passagio tecum agere. Quod si fortasse prima fronte videtur arduum, nihil est tamen tam 2 difficile, quod quaerendo non fiat facile. Asperis in rebus et vir noscitur, et gloria quaeritur. Quae magno animo fortiter excellenterque geruntur, nescio 3 quomodo pleniori bucca laudare solemus?

  , 9. MPL, XXII, col. 353: Non est facile stare loco Pauli, tenere gradum Petri, jam cum Christo regnantium 4 Deuteronomy, 17, 8: Si difficile et ambiguum apud te judicium esse perspexeris inter sanguinem et sanguinem, Difficiles aditus virtus aperit 4 .

	[25] [EV]
	causam et causam, lepram et lepram
	5 "in minoribus constituto"
	6 "praesentia"

Clari et illustres sunt tituli tui, gloriossisime praesul, qui 5 unionem feceris, jubilaeum indulseris, Caesarem coronaveris. Passagii tamen titulus et 6 dignior et diuturnior omnibus erit, quem ne successori relinquas, et Caesarea pietas suadet, et omnis Christianitas orat.

  Nam tibi jam coronato Caesare, quamvis multa incumbant magna et alta negotia, nihil

tamen est, de quo vel utilius agere vel gloriosius quam de passagio valeas.

	Amen. 7
	[25] [IV/FV] Caesari

, suscepta ex tua 8 manu 9 imperiali corona, nihil antiquius visum est, quam de passagio tecum agere. Quod si fortasse prima fronte arduum videatur, nihil tamen est 10 tam difficile, quod quaerendo non fiat facile. Virtus circa difficile operatur. Asperis in rebus et vir noscitur, et 11 gloria quaeritur. Quae magno animo, et fortiter, et excellenter 12 geruntur, nescio quomodo pleniori bucca 13 laudare solemus. Clari et illustres sunt tituli tui, beatissime praesul, qui unionem feceris, jubilaeum {39v} indulseris, Caesarem coronaveris. Passagii tamen titulus et dignior et diuturnior omnibus erit, quem ne successori relinquas, et Caesarea sublimitas suadet 14 , et omnis Christianitas orat, et tibi 15 coronato Caesare quamvis multa incumbant, nihil tamen 16 est, de quo vel utilius agere vel gloriosius quam de passagio valeas 17 . 18 19

	1 omit. V
	2 omit. U
	3 nisi T
	4 appetit T
	5 cum U
	6 est V
	7 Finis add. U
	8 sacra add. M, P, FR1
	9 sacra add. KO, OO
	10 tamen est : est tamen P, FR1
	11 in M
	12 et excellenter : et excellenterque M; excellenterque P, FR1, KO, OO
	13 bucha A, B, C, E, F
	14 omit. P, FR1
	15 iam add. P, FR1
	16 tam D

17

omit.

KO; possis OO

Oration "Sentio" of Enea Silvio Piccolomini (December 1452, Vienna). Edited and translated by Michael von Cotta-Schönberg 2019 Table of contents

	I.	INTRODUCTION
		1.	Context
		2.	Themes
			2.1. Papal supremacy
			2.2. Imperial authority
			2.3. Appeals from papal decisions
			2.4. Austrian rebellion
			2.4.1. Testament of King Albrecht II
			2.4.2. Agreement between the Austrians and the emperor
			2.4.3. Interests of King Ladislaus
			2.4.4. Dignity of King Ladislaus
		3.	Date, place, audience and format
		4.	Text
			4.1. Manuscripts
			4.1.1. Version 1
			4.1.2. Version 2
			4.1.3. Version 3
			4.2. Editions
			4.3. Present edition
		5.	Sources
		6.	Bibliography
		7.	Sigla and abbreviations
	II.	TEXT AND TRANSLATION
		0.	Introduction [1-17]
			0.1. Captatio Benevolentiae [1-3]
			0.2. Parties [4-14]
			0.2.1. Counselors [5-6]
			0.2.2. Participants [7-11]
			0.2.2.1. Clergy [9-10]
			0.2.2.2. Laity [11]
			0.2.3. King Ladislaus

1 Terentius: Heautontimorumenos, 675: nil tam difficilest quin quaerendo investigari possiet 2 Classical sentence going back to Aristotle 3 Cicero: De officiis, 1.61

4

The Jubilee Year of 1450

  both in the earthly and the heavenly realm. And what [he gave] toPeter, [he] also[gave] to Peter's successors as bishops of the City of Rome.[Sect. 23] This does not mean that the popes exercise ordinary jurisdiction in the secular sphere, where the pope should only act as the last resort and in clearly specified areas:To them we reply, with Innocent III, that the Roman Pontiff does not exercise secular jurisdiction nor give judgment in secular matters indiscriminately and without good cause, but only rarely and with good cause. For whenever nobody else can or dares give judgment in a secular matter, whenever a secular matter is evidently conducted criminally and divine majesty is being offended, and no secular judges oppose it, and whenever justice is denied, the Roman Pontiff is free to intervene, for his pontifical magisterium is concerned not only with the affairs of priests, but also with secular affairs.[Sect. 27]

  Principality of Austria came to Ladislaus, [the chronicles] will tell you that he is prince by right of succession. If we examine from where the forefathers of the forefathers had their power, they must say that the duchy derives from the empire. What I report does not lie so far back. The emperors had the lordship of this region, and it was they who granted the country with the status of a duchy. During the reign of Friedrich II, Duke Albrecht of Austria fought the Hungarians at the river Leitha and was killed by his own. As he had no heirs, the duchy devolved upon the empire, and Friedrich ruled it through vicars for the rest of his lifetime.[Sect. 46] And since the emperor holds the greater office, the subjects of his dukes must, in case of conflict, obey him rather than their duke.Cyprian that a custom is erroneous if it is not based on good reason; it is not erroneous because it is based on an old law. What men should follow is not a senseless custom, but honest reasoning. It would be unworthy, absurd and criminal if those people whom I have entrusted to you should prefer you to me, and that those whom you rule in my name should fight against me. That would be like a son hitting his father at the command of his teacher, or like a cleric drawing his sword against the pope at the command of his bishop.[48]

	Albrecht If somebody asks: "Who should be obeyed in the case of a conflict between them?", nobody
	in his right mind would give priority to the duke: logic points to the emperor. This may seem a
	severe statement, but if the reason for it is understood, it becomes more acceptable. [Let us
	take an example:] the duke of Austria commands all men able to bear weapons to go to war.
	A baron, who had received [his possessions as] a feud from the duke, forbids his men to do
	so. Who would not give greater weight to the command of the duke? But as the baron is to

received Austria from his father, the King of the Romans, as a feudal possession. Thus, Austria is a principality under the empire. Ladislaus is prince and lord of Austria -that I acknowledge -but only on condition that he recognizes Friedrich as his own lord and prince, and that he gives the same obedience to the emperor that he demands from his own subjects. For though the lordship of Austria has properly been transferred to Ladislaus, Austria is still a lordship directly dependent upon the empire. So, let all who declare themselves to be the partisans of Ladislaus beware not just to support one lord, when they actually have two, and not to offend one or both of them, since they are subject to both the duke and the emperor. [Sect. 47] the duke, so is the duke to the emperor. It is unworthy to disobey the commands of one's superior if one wants to be obeyed by his own inferiors. If someone argues that this rule has become obsolete and that another custom has grown up in its place, then I shall reply with

  , where their manifest and notorious misdeeds are set forth. Or else they stupidly think that the pope is ignorant of the law. All Roman bishops, surrounded by the most learned senate of cardinals, have an abundant knowledge of all law, but Nicolaus himself is ignorant of nothing but ignorance: I believe that the Apostolic See has never been occupied by anybody more learned or more intelligent than he.

1 HA, II, p. 680 (Under the persuasions of Emperor Friedrich, the Supreme Pontiff commands us to do what is profitable neither to us nor to our lord, Ladislaus, and he threatens us with dire punishments unless we obey. This is unacceptable to us. We believe that the named pope does not know how things are between us and Emperor Friedrich. Therefore, we appeal from him as insufficiently informed [about the matter] to himself as better informed and advised, or to a General Council, already indicted or to be indicted, or to Universal Church) 2 See Becker itself

  Instead they began to have meetings of a limited number of people, which -since the most important people were present -they considered to represent or constitute the Universal Church. The decrees of those assembled were considered as decisions of the Universal Church. But this kind of assembly, if lawfully convoked, is nothing else than a general council.

If our adversaries appeal to the Church in the sense of a council, they actually revert to the second part of the appeal, giving -foolishly, inanely and inappropriately -an alternative that is not really different. And if they really mean the Church itself, spread over the whole Earth, but united in Faith, then nothing can be more childish or insane. For how can the Church, [taken in this sense], examine the matter of appeal, as it cannot be approached

[concretely]

, nor hear the cause nor be heard itself?

  , the promises of the Austrians, by which they had sworn obedience, would be void, and they would not be bound their pledge or oaths. The emperor then chose 12 men, who were called governors. But when they had governed for some time, they abdicated the magistracy at their own initiative. Then, with the agreement of the people, the form of the government of the country was changed: now 24 governors were appointed by whose counsel the emperor would administerAustria. [At that time,] absolutely no mention of the agreement nor of the promises was made. After yet another period, these governors, too, resigned, leaving the country without a government. When Friedrich was informed of it, he began to govern alone, without any [formal] agreement, but with the assent of the people. This is how the matter developed. Now, who does not know that this is true? A specific form of government of the country was established; the agreement became obsolete: the form of government was changed not once, but twice, and at no point did anybody mention the

	1 Published in Gutkas, pp. 382-385
	2 Cf. Gutkas, p. 52; Haller, p. 96, n. 7: Gegenüber den oftmals erhobenen Zweifeln an dem Testament Albrechts II., in

dem schon Zeitgenossen eine Fälschung sehen wollten, tendieren neuere Forschungen doch wieder zur Annahme der Echtheit. The authenticity of Albrecht's testament seems to have been accepted by Koller, p. 57

3 Koller, p. 58 4

Cf. Gutkas, pp. 346-349 conditionagreement. Who would not consider it to have lapsed? What happened then? For 11 years Friedrich has governed Austria alone, but not without the advice of the people. All have obeyed him, all have been loyal, nobody opposed it, nobody spoke against it, nobody brought up Albrecht's testament, nobody claimed to be freed from their promises, nobody mentioned the letter of agreement. So why this upheaval, after such a long period? [Sect.

Metamorphoses Oratio Aeneae Silvii Piccolominei episcopi Senensis qui postea pontificatum maximum adeptus Pius Secundus appellatus est habita Viennae pro auctoritate Romani pontificis adversus Austriales 1 anno Domini MCCCCLIII

  2 3 4 5 [1] {42v} Sentio, reverendissimi patres, illustrissimi principes, ceterique viri praestabiles, non leve pondus hodie meis humeris imminere6 , quando7 in re maxima adversus plerosque potentes et8 insignes Austriae proceres sum verba facturus. Verum quia res ipsa sanctissimum dominum nostrum9 Nicolaum papam V. concernit, cujus apud has regiones, quamvis impar tanto muneri, oratoris officio fungor, necessarium est silentibus ceteris 10 me consurgere. Indigne namque legati titulos et sanctum populis per saecula nomen assumpsissem11 , nisi mittentis dignitatem pro mea virili12 defenderem. Sicut frigus, inquit sapiens13 , in14 die15 messis sic fidelis legatus ei, qui misit illum, quoniam illius animam quiescere facit. Exinde, si malis aureis in lectis argenteis comparandus est, qui loquitur verbum in tempore suo, quis non verbis meis favebit, quae summi sacerdotis communisque omnium16 patris et magistri causam tuebuntur? Blandior egomet mihi nec sine felicitatis parte me judico, cui tantae majestatis est oblata 1 defensio, quamquam priscorum quempiam 2 resurgere 3 nunc ab inferis optarem, qui garrulam, non dico Austrialiu 4 , sed consultorum loquacitatem et tantae praesumptionis audaciam solida, gravi, atque acri, ut olim mos fuit, oratione retunderet. Sed confutabimus nos pro captu nostro haec vasa terrea sive lignea, quibus aut virgam ferream aut incendium aeternum5 , nisi resipuerint, imminere non dubitamus, quando etsi 6 sciunt melius esse pro veritate pati supplicium 7 quam pro adulatione referre beneficium, his 8 tamen, qui discidium {43r} in Austria fecerunt magnosque motus excitarunt, et blandiri, et adulari, et eorum malefacta tueri, et appellationes dictare, ac leges et canones in reprobum sensum exponere non erubescunt. Verum, sicut apostolus Paulus accusatus apud Festum a Judaeis beatum se existimabat9 , quod suam causam defensurus esset Agrippa praesente 10 , qui consuetudines nosset et quaestiones Judaeorum, sic et mihi beatitudinem quandam esse confido, quod pro summo Christianorum patre apud vos audiar, qui leges ac consuetudines Christianas non minus calletis, quam Judaicas Agrippa cognovit. Qui cum doctrina praestatis, tum virtus ea 11 vobis 12 est, ut omnem valeatis13 iniquitatem irrumpere.

	[2]	 Isaiah: 3
		 Jeremiah: 1
		 Job: 1
		 Jonah: 1
		 1. Kings: 2
		 Malachias: 1
		 Proverbs: 4
		 Psalms: 8
		New Testament: 39
		 Matthew: 7
		 John: 3
		 Luke: 8
		 Mark: 1
		 Acts: 2
		 1. Corinthians: 3
		 2. Corinthians: 3
		 Galatians: 3
		 1. John: 1
		 1. Peter: 2
		 Romans: 4
		 1. Timothy: 1
		 2. Timothy: 1
		Classical sources: 43
	Ungariae V  Cicero: 4 1 4 This title is also given in MU
	5 No title U1  Gellius: 1 6 invenire U1; sum(m)ere B, E, MU  Homer: 1 7 quoniam F; quod V  Horatius: 5 2 8 omit. V
	 Juvenalis: 8 9 omit. F
	10 silentibus ceteris : silentium caveris F  Lucanus: 1 11 Sanctum legatorum nomen in marg. U3  Ovidius: 1 3 12 mea virili : virili mea F
	14 omit. V
	15 in die : inde U1
	16 omniumque F

Academica: 1; De inventione: 1; De officiis: 1; Pro Milone: 1 Ars poetica: 1; Carmina: 1; Epistolae: 1; Satirae: 2 1 Austral.. et passim V 2 1453 (sic!) 3 Oratio ... MCCCCLIII : Aenee Silvii episcopi Senensis legati apostolici oratio habita Vienne pro auctoritate Romani pontificis D, G; Oratio pro auctoritate Romani pontifices adversus Austriale U2, U3; Sermo ejusdem ad barones 13 Salamon in marg. A; Sapiens in marg. D, G

  7 idcirco doctores appellaverunt, quoniam rectum vitae tramitem et salubrem doctrinam solida et vivaci ratione, non variis 8 elenchis aut sophisticis inventionibus9 docuerunt. Minime quidem magistri nomen meretur, qui discipulum fallit. Ille doctor, ille 10 magister est nominandus, cui sermo convenit 11 evangelicus: Magister, scimus quia verax es, et viam Dei in veritate doces, et non est tibi cura de aliquo; non enim 12 respicis personam13 hominum. At nonnulli, quamvis sint animalia spurca atque probrosa14 , nomen tamen15 16 usurpant sanctissimum, et aut theologi17 dici volunt aut jureconsulti. Quibus titulis simpliciores decipiunt, mala et impia eorum facta laudantes, quae vituperare debuerant.

	1 auctores F
	2 negotium principale : principale negotium F
	3 in ea F
	4 De consultoribus in marg. D, G
	5 hoc V
	6 fuerunt U1
	7 Gregorius, Hieronimus, Ambrosius, Augustinus in marg. A; Divi Gregorius … Augustinus in marg. U3
	8 vanis U1, U2, U3
	9 rationibus G
	10 omit. V
	11 invenit F; inventius U1
	12 cum U1
	13 personas D, G; persona E; personam MU
	14 probra V
	15 cum V
	16 nomen tamen : tamen nomen F
	17 theologici G

  novitatum clerici, et quamvis in castris non militarunt, subditos tamen suos ire jusserunt. Negarunt oboedientiam Caesari, contiones tumultuarias adiverunt, administrationi se novae reipublicae miscuerunt, nec mandatum Caesaris, nec summi pontificis jussionem timuerunt. Quid ego de his mentibus adeo rebellibus durissimisque cervicibus dicam, quae dum sedis apostolicae majestatem impugnant, laqueos sibi nectunt et foveam, in quam ruant, suis manibus fodiunt? Et quid agitis, inquit Symmachus ad clericos Romanae dignitatis impugnatores9 , de hac mihi per prophetam dictum videtur: Si hoc 10 humilietur, ad cujus confugietis auxilium, et ubi requiretis gloriam vestram 11 ?

	1 De agentibus in marg. D, G
	2 Ejectio Friderici Cesaris de Administratione Ducatus Austrie in marg. U3
	3 innumerosa B, E, U1, MU
	4 discurrere F
	5 omit. C; has U1
	6 his iuvare V
	7 habet U1
	8 auctores U1

9

Simacus in marg. A; Simmachus ad clericos impugnatores in marg. D, G; Beatus Symmachus in marg. U3 10 haec U1, U2, U3, MU

11

meam F

3

  And what are you doing?, said Symmachus to those clerics who opposed the Roman dignity. It seems to me that this is what the Prophet spoke about when he said: if this is brought low, where will you go for help and where will you seek your glory?4 1 Ulrich II. von Cilli (1406-1456): count-prince of Cilli 2 Or rather: and I believe that His Magnificence has no problem with the Apostolic See unless …3 Ecclesiasticus, 27, 29: He that diggeth a pit, shall fall into it: and he that setteth a stone for his neighbour, shall Verum non 1 simplices clerici, sed religiosi quoque adversus Romanum praesulem erigere cornua ac seditiosos gerere magistratus minime formidaverunt. At qui religiosi? Nempe et Bernarditae 2 , quos silvas aut desertas eremi valles 3 incolere vetus institutio praecipit! Et Carthusienses, qui ut divinae contemplationi securius incumbant, {44r} neque praedicare verbum Dei, neque confessiones audire4 , neque ministrare populis sacramenta consueverunt! Nam et abbatem Mellicensem, quem nos altero anno benediximus, et priorem Murbacensem 5 ac praepositum Noviburgi inter XII viros 6 fuisse constat, penes quos belli et pacis apud Austriales libertas erat. O religiosi, qui mundo mortui et videri et7 esse vultis, quibus silentium Pythagoricum 8 imperatur, qui conventus 9 hominum veluti pestes evitare jubemini10 , quibus extra septa11 prodire sacrilegium est, qui dum celebratis divina, nunc lacrimamini12 , nunc suspiratis: quo timor ille Dei recessit? Ubi mundi contemptus? Quid vos nunc ingredi palatium, interesse rumoribus, sedere pro tribunali, tributum exigere, vectigalia tollere13 , convocare14 militias, exercitus comparare summo pontifice prohibente15 16 coegit 17 ? En animam et mentem cum qua dii nocte loquuntur.

	0.2.2.1. Clergy
	[
	1 ne MU
	2 Bernarditae in marg. A; Religio Bernarditarum in marg. U3
	3 eremi valles : heremos V
	4 neque confessiones audire omit. G
	5 Maurbacensem U3
	6 viris U1
	7 omit. U3
	8 Silencium Pictagoricum in marg. A
	9 conventum V
	10 jubemur U1
	11 septo V
	12 lacrimaminis U1
	13 tolle U1
	14 revocare F
	15 add. in marg. U2
	16 summo pontifice prohibente : prohibente summo pontifice U1
	17 cogit F

stumble upon it: and he that layeth a snare for another, shall perish in it. (et qui foveam fodit in illam decidet et qui statuit lapidem proximo offendet in eo et qui laqueum alio peribit in illo)

4

Decretum,

C.9.3.14 (col. 610

): Si haec humiliatur, ad cujus fugietis auxilium et ubi relinquetis gloriam vestram. See Isaiah, 10, 3

[START_REF][END_REF]

4

  Albrecht II of Habsburg (1397-1439): Archduke of Austria. King of Hungary and Croatia from 1437. Uncrowned King of Bohemia. Elected Emperor of the Holy Roman Empire in 1438, but died the next year. Piccolomini was in Vienna when Albert accepted his election and wrote a speech to him for the Milanese ambassador, the "Quid est"[3] 5 i.e. the Hussites Multae sunt 1 rationes, quae sanctitatem domini nostri hujus pupilli regis amantem efficiunt. Expertus est hoc ipse 2 nuper, dum3 Romae fuit, nam quibus affatibus aut affectibus apud papam exceptus est? Numquam ejus praesentiam frustra requisivit, nullas incassum preces effudit. Quotiens repulsas aliorum supplicationes reduxit ad gratiam? Quotiens et cardinales et principes de magnis rebus acturos inauditos papa remisit, ut hunc puerum, quamvis regem, audiret? Falsus est et ab omni veritate remotissimus, qui summum pontificem inclyto Ladislao regi non prosperitatem cupere fortunamque 4 optimam judicat5 , qui, postquam Petri cathedram ascendit, et in Hungaria et in Bohemia semper ejus statui et firmitati consuluit, numquam nocuit. Neque monitorium, quod adversantes 6 criminantur aut noxium aut adversum erat suae serenitati, quemadmodum {45r} futurus sermo docebit. Nemo igitur Romanum sibi praesulem ex amante faciat odiosum. Multa suae celsitudini et apud Hungaros et apud Bohemos imminebunt, quae sedis apostolicae praesidiis indigebunt. Numquam 7 ei favores aberunt, si progenitorum vestigia sequens matrem suam ecclesiam et Christi vicarium condigna devotione coluerit.

	1 alie V
	2 tempore MU
	3 nuper dum : dum nuper V
	4 fortuna morum U1
	5 iudicavit U1
	6 adversus U1
	7 numquid MU

6

Sigismund of Luxemburg (1368-1437): King of Hungary and Croatia from 1387, King of Bohemia from 1419, and crowned Holy Roman Emperor in 1433

7

The Council of Konstanz, 1414-1418, where Emperor Sigismund had a determining influence, deposed three popes and elected a new one instead, thereby ending the Great Schism of the Roman Church

[13]

  2 [14] Ego, vero, quamvis cinis 1 sum et pars vilissima luti, inutilis Christianus, indoctus presbyter, indignus episcopus, tamen postquam vidi primum hunc regem Ladislaum, semper ejus sublimitati, suae gloriae, suis fortunis, suis regnis 2 studui. Saepe 3 in Hungariam pro eo, saepe in Bohemiam 4 , saepe ad Romanam curiam litteras dedi. Praeceptoribus suis libellum scripsi ac praeceptiones tradidi, quibus institui formarique pueritia regis deberet, Quintiliani 5 atque 6 Plutarchi 7 doctrinam secutus. Praetereo in conventu Bohemorum apud Benestiau 8 , in Roma, in Neapoli, in Norimberga, in Colonia, in Venetiis 9 pluribusque aliis locis quanta sum retroactis temporibus pro sua dignitate locutus. Itaque non est cur me hodie quispiam contra suum bonum loqui praesumat. Sed ago suam causam, ipsum juvo, ipsum laudo, ipsum magnifico, sibi faveo, sibi consulo, dum sedis apostolicae magnitudinem, eminentiam excellentiamque defendo. Quod et ipse postquam magis sapiet, verum fatebitur, et vos ex his, quae mox subjiciam, plenius intelligetis. Nunc jam tempus expetit ad ea, quae Romano pontifici nostri adversantes objectant descendere atque in campo consertis 10 manibus cominus 11 decertare.

	1 cuius U1
	2 suis regnis omit. B, E, MU
	3 semper V
	4 saepe in Hungariam … Bohemian omit. U1
	5 Quintilianus in marg. A, U3
	6 ac B, E, MU; autem F
	7 Plutarchus in marg. A, U3
	8 Benescian U1

9

In Roma … Venetiis : Rome, Neapoli, Noremberge, Colonie, Venetis U1; Rome, Neapoli, Noremberge, Colonie, Venetis corr. ex in Roma, in Neapoli, in Norimberga, in Colonia, in Venetiis U2 10 consectis U1 11 quo minus V

1

  Quintilianus, Marcus Fabius (ca. 35-ca. 100): Roman rhetorician from Spain, author of the Institutio Oratoria 2 Plutarch, Lucius Mestrius (ca. 46-120 AD): Greek historian, biographer, and essayist, known primarily for his Parallel Lives and Moralia 3 Piccolomini had used both Quintilian and Plutarch, among others, in his work De Liberorum educatione from 1450,

  firmitatem, domino, ut diximus, aedificante, constructam nimis impia vult praesumptione violare, quisquis ejus potestatem temptat infringere. Sed necessarium est Romanam sedem in morem17 navis plurimas pati procellas. Multi sunt venti contra eam flantes: alios repulsa cathedrarum excitat, alios pecunia commovet, alios metus, alios preces elevant. Sed jactatur Petri navicula 18 tempestate, non mergitur; concutitur, non quassatur; impetitur, non expugnatur, quia portae inferi non praevalent adversus eam.

	1 iis U3
	2 luminaria B, E, MU
	3 constantia U1
	4 De cardinalibus et prelatis curie in marg. A
	5 illi F
	6 vestre U1
	7 expedirent U1
	8 Responsio sive defensio in marg. D, G
	9 justitiae MU
	10 simile mihi : mihi simile V
	11 Viennam in marg. A
	12 fama concelebrat U1
	13 in hac urbe … fecit omit. V
	14 presumpserunt U1
	15 Leo papa in marg. A, D, G
	16 sanctissimam MU
	17 minorem U1
	18 ad vincula U1

  I.e. from the Jewish priesthood to the Christian clergy. Note the claim that the legal powers of the Jewish high priests have been transferred to the successors of Peter together with the transfer of the priesthood from the the Old Testament to the New Testament, i.e. the Christian clergy. In 1440, Piccolomini had also written on this theme in his De gestis concilii Basiliensis(Hay, p. 74)

	11
	1 I.e. Canon Law
	2 Luke, 10, 16
	3 Gregorius IV (ca. 795-844): Pope from 827 to his death
	4 Decretum, D.19.5. (col. 61)
	5 Agatho (d. 681): Pope from 678 to his death. Saint
	6 Decretum, 19.2. (col. 60). Agatho papa omnibus episcopis
	7 Psalms, 68, 26
	8 Deuteronomy, 17, 8 (si difficile et ambiguum apud te iudicium esse perspexeris inter sanguinem et sanguinem
	causam et causam, lepram et lepram)

9 10

I.e. the legal rights and obligations of the priesthood

11

Jeremiah 1, 10: Lo, I have set thee this day over the nations, and over kingdoms, to root up, and to pull down, and to waste, and to destroy, and to build, and to plant (ecce constitui te hodie super gentes et super regna ut evellas et destruas et disperdas et dissipes et aedifices et plantes)

  10 1 Lothar III (ca. 1075-1137): Duke of Saxony as well as King of Germany from 1125 and Holy Roman Emperor from 1133 until his death. His reign was troubled by the constant intriguing of the Hohenstaufen Duke Friedrich II of Swabia and Duke Konrad III of Franconia

	2 Heinrich IV
	3 Friedrich II (1090-1147): second Hohenstaufen duke of Swabia from 1105
	4 Konrad III (1093-1152): Duke of Franconia
	5 Honorius II [Lamberto Scannabecchi] (d. 1130): Pope from 1124 to his death

  27] Verum, ut ad ea respondeamus, quae de Gelasio, Cypriano, Nicolao atque Gregorio sunt opposita, quibus illi affirmare videntur, nec imperatorem jura pontificatus arripere, nec pontificem nomen imperatorium 1 usurpare debere, dicimus cum Innocentio III.2 , quia non passim et absque causa, sed aliquando et cum causa temporalem jurisdictionem 3 pontifex Romanus exercet et saecularia judicat. Quotiens enim alius deest, qui vel possit vel audeat saecularia judicare, quotiens res temporalis manifesto crimine ducitur4 , et offenditur divina majestas, nec saeculares obviant judices, quotiens justitia denegatur, licet Romano pontifici manus apponere, quoniam praesulatus sui magisterium non solum de sacerdotum, sed etiam de saecularium utilitatibus debet esse sollicitum. Sic et in Hungaria 5 saepe lites de regno Romani pontificis arbitrio sunt sopitae6 . Sic et Franciae contentiones extinctae. Sic et in regno Portugalliae 7 regi 8 dissipatori 9 per Romanum pontificem coadjutor datus. Sic et aliarum provinciarum discidia10 terminata, quae superiorem in temporalibus non admittunt. Sic et 11 ad saeculares dignitates Romana sublimitas saepe laicos ex adulterio genitos et12 ad legitima jura reduxit. Sic et imperio vacante13 vices aliquando supplevit imperatoris.

	U3
	3 pontificem add. U1
	4 dicitur U1
	5 Francia. Portugallia in marg. A; In (H)ungaria, Francia, Portuga(l)lia in marg. D, G
	6 sopites A; sopite corr. from sopites C, D
	7 defficiente add. V
	1 i.e. Christ 8 regii U1
	2 i.e. the one who molests a local Church 9 dissipatorii U1
	10 decidia U1; dissidia U3, V
	11 omit. B, E, MU
	12 omit. MU
	13 vocante E

3

i.e. the one who molests the Roman Church 4 Decretum,

D.22.1. (col. 73)

5 "jura" 6 Decretum,

D.22.1. (col. 73)

[1 imperatorem MU

2

Innocentius III. in marg. A; Nota verba Innocentii III. in marg. D, G; Innocencius tercius in marg.

  infidelium oppugnatione cum Christi vicario tractaret, {48r} jamque gubernatores, qui se absente Austriam regerent, consentientibus indigenis ordinasset, seque itineri commisisset, nonnulli ex Austria, duce Ulrico Heizinger, non multi numero neque majores, trans Danubium convenientes immutare regimen Austriae statuerunt. Legatos ad Caesarem in Novam Civitatem miserunt, qui dicerent se, cum de privatis rebus acturi convenissent11 , etiam de suo domino Ladislao 12 rege cogitasse, bonumque sibi visum13 fuisse, ut is ad dominia sua mitteretur et maxime ad oppidum14 Viennense, quodque15 circa gubernationem ejus id servaretur, quod in ultima voluntate pater Albertus statuisset, atque haec ex Caesare peterent.

	1 Incipit narratio in marg. A
	2 plus V
	3 Quando rexerit Austriam Fridericus in marg. U3
	4 et MU
	5 tutaverant F
	6 ei esset : esset ei D, G
	7 omit. G
	8 assumere F
	9 salute communi : communi salute F
	10 omit. U3
	11 convenisset U1
	12 omit. U3
	13 sibi visum : jussum F
	14 opus F
	15 quoque B, E; in quo MU

  Eyczing, Ulrich (bef. 1398-1460): "Hubmeister" of the Holy Roman Emperor (uncrowned), Albrecht II3 14 October 1451 in Mailberg, from where the name "Mailberger Bund"[33] Quibus cum Caesar respondisset Romam se propediem petiturum, neque vacare sibi de illa re tunc agere, sed 1 velle cum rediret conventum habere indigenarum 2 ac 3 principum, qui sibi et Ladislao sanguine proximarent, in negotio tutelae patruelis sui facturum, quod illi consulerent, mox furore incensi apud Viennam convenerunt, tractisque4 non aegre in suam sententiam civibus et aliis pluribus, Caesari 5 in itinere versus urbem constituto, nolle se 6 deinceps sibi ut tutori parere scripserunt, ac paulo post oboedientiam eidem subtraxerunt, Hungaros ac 7 Moravos 8 in societatem vocaverunt. Magnum et clarum principem Ulricum, comitem Ciliae 9 , praecedentem 10 , Ulricum Heizingerum, qui novitatis auctor fuerat, non infimum baronem, capitaneum 11 creaverunt; magistratus, quos Caesar ordinaverat, ejecerunt novosque suffecerunt; vectigalia exegerunt; judicia exercuerunt; universum Austriae regimen in se receperunt; nobiles, qui fidem servare et in oboedientia Caesaris perseverare voluerunt, viribus atque armis oppresserunt. Hoc est quod factum nos dicimus, et adversantes negare non possunt.

	1 omit. U1, U2, U3
	2 indignarum F; terrigenarum U1, U2, V; provincialium U3
	3 hac F
	4 fractisque U1
	5 Caesare G
	6 omit. U1
	7 atque V
	8 Moran… et passim V
	9 Celiae F
	10 praesidentem MU
	11 Belli ducem corr. ex capitaneum U3

1 "indigenae" 2

  1 , idque ita deducunt. Ajunt Alberto 2 mortuo, qui fuit Ladislai pater, compertum esse 3 testamentum ejus4 , in quo puerum, qui post se posthumus nasceretur, in arce Possonii 5 tenendum, virisque 6 octo gubernandum mandavit, quorum duos Hungaros, duos Bohemos, duos Austriales, duos Moravos esse voluit. Hisque tum 7 regnorum ac dominiorum 8 tum pupilli 9 curam commisit. Nato autem Ladislao atque in Alba Regali coronato, reginam Elisabeth, ejus matrem, in cujus 10 potestate pupillus erat, divo Friderico, Romanorum regi, puerum transmisisse; Fridericum vero, illo suscepto, administrationem ducatus Austriae tutorio nomine petivisse11 ; consensisse barones et incolas Austriae fidemque sibi tamquam tutori {48v} dedisse, contraque Fridericum litteras his tradidisse, quibus certo modo promiserit Austriam gubernare; id nisi servaret neque ratam esse promissam fidem, neque juramenta tenere. Fridericum etsi diu rexerit non tamen servasse12 , quae promiserat, alienasse13 bona ducatus, non usum esse consilio baronum Austriae, pupillum non bene instruxisse, neque, ut par fuisset, regis filium gubernasse.[35] Convenisse ob eam rem14 plerosque Austriales, scripsisse majestati Caesareae, quia nollent ejus gubernationem diutius ferre; suum principem, suum dominum petivisse; velle se testamento parere, quod Albertus reliquisset; indignum esse coronatum regem tutoris arbitrio vivere; noluisse15 petitionibus auscultare Caesarem; compulsos, qui Ladislai rebus studebant, quod precibus assequi non valebant, armis exquirere. Quis Austrialium causam non probaverit? Quis16 eos non bene fecisse dixerit, qui non suo tantum, sed domini quoque sui jure sunt usi? Iniquum ergo monitorium papae, quod justos impedire homines nitebatur. Arbitror non esse paucos, qui rationibus hisce moveantur17 .

	1 asserunt U1, U2, U3
	2 Albertus in marg. A; Albertus Ladislai pater in marg. U3
	3 est F
	4 Alberti testamentum in marg. D, G
	5 Arx Possonii in marg. U3
	6 jurisque E, F; jurique MU
	7 omit. F
	8 dominorum F
	9 publici U1
	10 in cujus : cuius in U1
	11 petiisse V
	12 Que obiciuntur imperatori in marg. A
	13 alienatum esse G
	14 omit. U1
	15 voluisse U1
	16 qui E
	17 moneantur D

  1 , quibus nec amor nec odium dominatur, boni amantes et aequi, neque juste neque utiliter ab Austrialibus esse processum. Quod ut palam fiat, articulatim respondere oportet. Quattuor 2 sunt, quae justitiam Austrialium videntur arguere: testamentum, pactum, utilitas domini, dignitas regis.[37] De testamento 3 ratiocionemur 4 primum. Magna vis testamenti est. Servanda 5 est 6 suprema patris voluntas. At quamvis testamenta principum 7 liberiora quam privatorum sint nec juris sollemnia quaevis desiderent, sic tamen 8 edi producique debent, ut fidem faciant9 . Verum Alberti testamentum neque probatum est umquam neque productum. Incassum allegatur, quod non docetur. Quod si verum testamentum fuisset, non tamen Austriales ejus adminiculo juvari possent, a cujus observantia sponte recesserunt. Muliebre vitium est nunc velle nunc nolle10 , dictum indictum facere: viros omnis 11 inconstantia dedecet. Multa insuper illis temporibus emersere, propter quae, etiam si validum testamentum fuisset, nec debuit nec potuit observari. Hungari sive jure sive injuria -non recipio hujus ad 12 me facti judicium -ex Polonia novum sibi13 regem accersiverant atque in Hungariam deductum coronaverant. Arcem Possonii, ubi servari pupillus ex testamento debuit, adjutores novi regis occupabant14 . Qualis illic pupilli securitas15 fuisset, ubi hostes dominabantur? Quis pupilli personam {49r} Hungaris committendam suasisset, quorum pars major adversanti regi studebat.

	1 dicuntur V
	2 Quatuor fundamenta Austrialium in marg. A; Responsio ad obiecta Austrialium in marg. D, G
	3 De testamento in marg. A
	4 rationemur G
	5 secunda F
	6 omit. U1
	7 principis MU
	8 tam D, G
	9 Qualia esse oporteat principum testementa in marg. U3
	10 nunc nolle omit. V
	11 omnes V
	12 a V
	13 omit. G
	14 occupaverant U3
	15 pupilli securitas : securitas pupilli MU

2.0.5. Structure of Piccolomini's reply

1

  Octokarus in marg. A; Otokarus Bohemorum rex in marg. U3 2 Rodulfus in marg. A; Rodulpus imperator in marg. D, G; Rudolfus in marg. U3 3 Viennam in marg. A

	4 obsidionem F
	5 cunctam U1
	6 Augusta in marg. A; Augusta Vindelica in marg. U3
	7 Albertus in marg. A
	8 omit. V
	9 omit. B, E, MU
	10 ad MU
	11 Ladislaus in marg. A
	12 Unde ex quibus Ladislaus in marg. D, G
	13 in feudum : inferendum U1
	14 parte C
	15 tandem F
	16 qui se omit. E, MU
	17 quid add. MU
	18 praedicent MU

  et provinciae regnaque potiuntur. Nolo 5 id nunc introducere, quamvis est et ad propositum et notissimum: imperatorem posse ducatum sibi subjectum aut extinguere, aut in alterum6 transferre, aut apud se retinere, si vel causa deposcit, vel culpa requirit. Id nobis probasse sufficit, quia dominus est Austrialium Fridericus {51v} imperator, quodque mandatum ejus praeferendum7 erat Ladislai ne dicam Ulrici, rerum 8 novatoris, praecepto.

	1 procurati E
	2 conserere U1
	3 sit F
	4 civitatis B, E
	5 volo U1
	6 alium F
	7 referendum F
	8 ejus … rerum omit. E, MU

  pernoctantis parasiti. Maxima debetur puero reverentia.

	2.3.3.2. Ladislaus was given proper nourishment
	1 qui D, G
	2 refectus U1, U2, U3
	3 communitatem MU
	4 dictitant U1, U2, U3, V, MU
	5 Basilius in marg. A; Magnus Basilius in marg. U3
	6 cocos A, B, C, E, F, U2, U3
	7 cogitant V
	8 premunt U1
	9 Sufficientia in marg. A; Quid sit sufficientia in marg. U3
	10 omit. U1
	11 saltatorum MU
	12 amissi U1
	13 enim U3
	14 Iuuenalis in marg. A, U3
	15 omit. V
	16 dictum V
	17 usuque V
	18 lumina U1
	19 inter U1, U2, U3
	20 inter quae : utraque V
	21 omit. U1, U2, U3
	22 leonum F
	23 cautus U1

  ex tanta multitudine diversorum populorum, gentium, nationum, neque rixa16 neque morbo 17 quispiam desideratus est. Sumptus omnibus in locis publicitus et ubertim ministrati18 .

	1 duas in : in duas V
	2 Introitus in Italiam in marg. A; Caesaris adventus in Italiam in marg. U3
	3 utraque V
	4 natione F
	5 omnia V
	6 Caesaris transitus per Italiam in marg. U3
	7 procedebant G
	8 ut vel : vel ut V
	9 placendum MU
	10 omit. V
	11 Coronatio Cesaris in marg. A
	12 Romane E
	13 cerebrata V
	14 atque U3
	15 status F
	16 oborta add. MU
	17 omit. MU
	18 ministranti V

  3 "triclinia"4 Cf. the description of Piccolomini's own papal progress, travelling to and from the Congress in Mantua in 1459, CO, II,IV[70] Apud Romam 1 , ut omittam 2 cives, nobiles, senatores, principes, praelatos occurrentes, collegium cardinalium ad primum lapidem extra ordinem 3 Caesari obviam datum. Ingressus sequenti die magnificentissimus Nicolao pontifice maximo cum cardinalibus et 4 clero apud basilicam Sancti Petri expectante, cujus beatissimos pedes Caesar in honorem piscatoris et salvatoris Christi reverentiam exosculatus est. Coronatio Romana in decimam diem suspensa. Corona Longobardorum 5 in capella principis apostolorum, cum6 Mediolani pestis vigeret, biduo ante Romanam suscepta. Sponsalia sacro maximi sacerdotis ore benedicta. Coronatio augustalis eo die revolutis annis peracta, quo Nicolaus ipse pontifex 7 papale diadema susceperat8 . Augustus simul et Augusta coronati, et quamvis ornamenta9 essent Caesari ditiora et ornatiora, ea tamen die magni Caroli pallio, tunica, ense, pomo, corona 10 ex sacrario Norimbergensi receptis et Romam delatis, quasi plus majestatis veteribus quam novis esset ornatibus, usus est Fridericus. Comitatus Caesaris 11 et nobilissimus 12 et splendidissimus13 : hinc Ladislao 14 patrueli 15 rege, inde Alberto, Germano duce16 , throno Caesaris 17 assistentibus18 . Legationes ex tota Italia. Milites admodum multi cum principes tum magni nobiles in ponte percussi. Sollemnitas in noctem producta.

	1 Roma in marg. A; Ingressus Cesaris in urbem in marg. U3
	2 obmittam A, B, C, D, E, U2
	3 urbem G; extra ordinem : ex ordine U1
	4 omit. V
	5 Corona Lombardie in marg. A
	6 omit. U1
	7 Nicolaus … pontifex : pontifex ipse Nicolaus MU
	8 suscepit MU
	9 Ornamenta Caroli magni in marg. A; Coronatio Caesaris; Leonorae uxoris in marg. U3
	10 omit. B, E, MU
	11 comitatus Caesaris : Caesar MU
	12 nobilissimis V
	13 splendidissimis V
	14 Ladislai V
	15 patruele U1
	16 duci MU
	17 ex add. V
	18 assidentibus MU

  Duke Albrecht, the emperor's brother 10 Sigismund of Habsburg (1427-1496): Archduke of Austria, and Duke of Tyrol from 1446 to 1490. Later excommunicated by Piccolomini (as Pope Pius II)

	3 I.e. the Austrian insurgents
	4 Rudolf I of Habsburg
	5 Albrecht I of Habsburg
	6 Friedrich I of Habsburg
	7 Albert II of Habsburg
	8 i.e. the insurgents
	9

4 1

 4 Emperor Friedrich III, King Ladislaus, Duke Albrecht VI of Austria, and Duke Sigismund of Tirol 2 Augustinus: Contra Faustum, 22, 75. Translation quoted after the Christian Classics Ethereal Library 3 Ulrich Eyczing 4 Decretum, C.1.1.25 (col. 369). Leo ad Mauros episcopos

  reprehensam, neque rite repulsam fuisse, satis, ut arbitror, doctum16 atque monstratum est.

	1 omit. V
	2 igitur add. F
	3 omit. G
	4 Austriae principes : principes Austriae G
	5 omit. F
	6 appone G
	7 et quae : quae et F
	8 consulere F
	9 coram papa Caesar : Caesar coram papa G
	10 principibus add. F
	11 suasionibus F
	12 fecissent D
	13 non MU
	14 quod MU
	15 justam F
	16 dictum MU

  magister jubet. Eadem quippe mensura qua mensi fueritis, inquit [58v] apud Lucam dominus, remetietur vobis. Inauditum principem16 repulerunt? Inauditi damnantur. Sine ratione peccarunt? Cum ratione puniuntur. Ferant papae sententiam, qui sui principis judicant innocentiam17 . Non est discipulus supra magistrum. Dimittant, et dimittetur eis. Non condemnent, et non condemnabuntur. In quo judicio judicant homines, in eodem18 sunt judicandi. Neque aliis legem imponere debent, quam ipsi negligant observare. Neque beneficio legis est dignus, qui committit in legem. Sileat igitur vox illa: "Non sumus auditi." Merito namque non inveniunt, qui non praebent audientiam.

	1 veluti G
	2 navi U1, U2, U3
	3 Tertium membrum in marg. D
	4 recte MU
	5 si B, E, F, U1; sit MU
	6 missum U1
	7 omit. MU
	8 adversus eos emissum sit : emissum sit adversus eos G
	9 non vocatum MU
	10 em.; exigerunt mss.; exegerunt MU
	11 indicaverunt U1
	12 obiecerunt F
	13 omit. V
	14 non D, G, E
	15 si V
	16 principum U1
	17 qui sui … innocentiam omit. F
	18 eo F

  , neque servari judiciarium ordinem, neque accusationem, neque citationem requiri. Nam et Paulus 15 apostolus Corinthium 16 quemdam de coetu 17 fraternitatis exclusit atque absentem et inauditum sine mora in 18 interitum carnis tradidit, quia novercam suam uxoris loco publice retinebat. Cur non vocavit hominem Paulus? Cur non testes 19 examinavit? Idcirco, inquit Ambrosius, quia crimen 20 nulla poterat tergiversatione celari. Quis igitur papam arguat 21 , qui sanctum imitatur apostolum, quo si est merito minor, auctoritate non est inferior? Sed neque Paulus illi, ut Nicolaus istis emendationis tempus indulsit 22 . Notorium 23 Corinthii 24 crimen, notorius Austrialium fuit 25 excessus. Quod Paulo hoc et Nicolao licuit, neque citationem neque judiciarium strepitum notorius 26 expetebat excessus. Corinthi B, D, E, F, U1, U2, U3; Corinthii corr. ex Corinthi C; Corinthii G, MU 25 omit. C 26 Austrialium add. F

	1 eadem vox … subvertentur omit. V
	2 excommunis U1, U2
	3 vinculo B, E, MU
	4 vincientur MU
	5 omit. F
	6 omit. U1; verum V
	7 excommunicationi U1, U2, U3, V
	8 ius V
	9 vis insit omit. U1 [blank space]
	10 omit. V
	11 additiam B; addiciam E, U1, U2
	12 In notoriis ordo judiciarius non servatur in marg. D, G
	13 De notorio in marg. A
	14 permanente V
	15 Paulus in marg. A, G; Paulus apostolus in marg. U3
	16 Corinthum U2; Corinthium corr. ex Corinthum U3
	17 de coetu : deceptu U1
	18 omit. F, V
	19 non testes : testes non V
	20 omit. U1
	21 arguit V
	22 inclusit F, U1
	23 Nothorinis U1
	24 Chorinti A;

1

  Notorium in marg. C; Notorium cuius evidentia etc. in marg. D; Notorium quid in marg. G; Quid sit monitorium in

	marg. U3
	2 Epicurei MU
	3 omit. A, C, E, F; suprascr. D
	4 omit. G
	5 notorio add. F
	6 doctissimi et sacerrimi : sacerrimi doctimissimique MU
	7 principium A
	8 ac MU
	9 mandato V
	10 Romam F
	11 administrationes E; administratione MU
	12 continuerat E

  Sixtus in marg. A; Sixtus Hispanis episcopis in marg. D; Xystus Hispanis episcopis in marg. G; Sixtus pontifex

	1 celari tergiversatione : tergiversatione celari MU
	2 falsi U1
	3 omit. U1
	4 si concedit … potest omit. B, E, MU
	5 queretur E, MU
	6 maximus in marg. U3
	7 ab A
	8 restituatur U1
	9 comminationem corr. ex communicationem A, C; comminationem F; communicationem C
	10 vestro U1
	11 omit. F
	12 nec corr. ex non A, C; non D, G, U1, U2, U3, V
	13 quendam F
	14 tris F; tresque MU
	15 eorum U
	16 enarramus F

  1 emissum add. in marg. A; emissum add. in marg. C; omit. B, D, E, F, G, U1, U2, U3, V, MU 2 agere add. in marg. A; omit. C

	3 ostendimus corr. ex ostendamus A, C; ostendamus B, E, F, MU
	4 ex plenitudine : explitudine E
	5 diceretur V
	6 obviaret U1
	7 monstrabimus E, MU
	8 emissum … auditos omit. F
	9 fuisset F
	10 adversantum E

1

  Romanam V 2 Gregorius in marg. A, D, G; Divus Gregorius in marg. U33 Carolus imperator in marg. A; Carolus In memoriam in marg. D, G; Carolus Caesar eiusque sententia de pietate in

	ecclesiam in marg. U3
	4 omit. F
	5 observanda F
	6 Vide auctoritatem hanc bene in marg. A
	7 dicuntur F
	8 celebre F
	9 praecepit U1
	10 Valdenses in marg. A; Heretici Valdenses in marg. U3
	11 exclamat E, G, MU
	12 omit. U1, U2, U3
	13 omit. U1
	14 ipsis add. U1
	15 quo vultu omit. B, E, MU
	16 voluntur F

  1 memoria add. in marg. [later hand] A, C; memoria F; omit. B, D, E, G, U1, U2, U3, V, MU

	2 pessimum U1
	3 erat V
	4 monebantur U1, U2, U3, V
	5 visus G
	6 manifeste G
	7 excommunicationem denuntiationis : excommunicationis denuntiationem MU
	8 et add. MU
	9 majores … principes : principes et apud majores MU
	10 omit. U1
	11 mala exempla : exempla mala C
	12 repellendas V
	13 introductas U1, U2

  appellatum est, qui nullum habet in terris superiorem. Nulla est igitur appellatio. Nec leges audiunt nec canones appellantes a principe. In ecclesia vero habere principatum Romanum 16 praesulem 17 nemo doctae mentis ignorat. Non est igitur fas a Romano pontifice appellare. 1 omit. B; vero add. MU 2 obediendi MU 3 sit V 4 appellatum nam … necessitas est omit. F 5 omit. F 6 omit. C 7 in parem : imparem D, F, G 8 Julius in marg. A; Julius papa in marg. D, G; Julius pontifex maximus et eius decretum de iudice ad quem debeat

	quis appellare in marg. U3
	9 quibusdam F
	10 at F
	11 audientiam E
	12 nudetur MU

  voluerat, sicut et Anacletus 12 ipse testatur alibi dicens: Prima sedes est caelesti beneficio Romana ecclesia, quam, ut memoratum est, beatissimus Petrus et Paulus suo martyrio consecraverunt 13 . Et iterum: Haec apostolica ergo sedes caput et cardo, ut praefatum est, a domino et non ab alio constituta est; et sicut cardine hostium regitur, sic hujus sanctae apostolicae sedis auctoritate omnes ecclesiae 14 , domino disponente, reguntur. De principatu papae in marg. A 2 Pelagius in marg. A; Pelagius Romana ecclesia in marg. D, G; Sententia Pelagii de excellentia Romanae sedis in marg. U3 3 constitutae B, E, MU 4 sunt U3; sit V 5 De Romane ecclesie principatu in marg. D; De principatu Romane ecclesie in marg. G 6 inquit MU 7 Anacletus in marg. A, U3 8 sancto add. U3 9 et potestatem add. U1, U2, U3, V 10 acceperunt U3

1

  superiorem16 . Christiani nomen amittit in marg. D, G 2 ierarchico A, B, C, D, B, U3; hierarchio E; hierarchico F, G, MU; gerarchico U1, U2 3 instituta corr. ex constituta D; constituta G 4 Papa quam magnus sit in marg. A 5 fortasse supplicantes … magistratus aut omit. E; potuissent fortasse … magistratus aut : ille non MU 6 Pedaneus iudex in marg. D 7 excelsior C 8 a B, G 9 appellationis poenam em. Muratori; apostolos codd.

	10 papa U1
	11 ecclesiam E
	12 promulgata F
	13 tantum U3
	14 profecti F
	15 submittunt … esse : sub B, E, MU
	16 superiore MU

1

  mundi parte appellandum est; ab illa12 autem nemo est appellare permissus. Atque ista cursim de majoritate judicis appellati 13 libasse satis habeamus. 1 auctentica B, E 2 vestra U1, U2, U3 3 Gelasius in marg. A; Gelasius a sede Romana non appellatur in marg. D, G 4 inquiens C, D 5 umquam U1, U2, U3 6 omit. G 7 non oportere … mandaverunt omit. F 8 Gelasius in marg. A; Idem in marg. D, G; Gelasius de Romanae sedis dignitate in marg. U3 9 scribit idem … Romana ecclesia omit. F

	10 cuipiam G
	11 quolibet F
	12 illo U1
	13 appellari F

  ab eodem ad eumdem judicem legislator admisit?[cont]

	1 vo U1 [sic!]; voluit U2, U3
	2 appellabitur U3
	3 et illius … appellatur omit. F
	4 competentia MU
	5 maleficati F
	6 Eironikos [Greek letters] in marg. U3
	7 antiquius est : est antiquius MU
	8 et U3
	9 disertis U1, U2, U3, V
	10 vivere U1, U2
	11 si add. F
	12 si non … inventor omit. U1
	13 quin U1
	14 ac U3

  hominum, et relinquant collegium Christianum haeretici perversores, quando conjungi et cohaerere non potest amaritudo cum dulcedine, caligo cum lumine, pluvia 6 cum serenitate, pugna cum pace, cum fecunditate sterilitas, cum fontibus siccitas, cum tranquillitate tempestas, ut Cypriani 7 , facundissimi viri et gloriosi martyris, est sententia.

	1 monitio G
	2 quasi B, E, MU
	3 omit. U1
	4 sanctae sedis : sedis sanctae C, MU
	5 potest U1
	6 pluma A

7

Cypriani in marg. A; Cipriani in marg. D; Cypriani sententia in marg. U3

  corrumpat ovile. Nemo existimet bonum virum, ut Cyprianus 23 tradit, ab ecclesia posse discedere. Triticum non rapit ventus, nec arborem solida radice fundatam procella subvertit. Inanes paleae tempestate jactantur. Invalidae arbores turbinis incursione vertuntur. Bossina in marg. A; Bosna in marg. U3 2 nullorum F 3 in add. F; insecantur V 4 regis F 5 opes solum : solum opes F 6 sanctorum corr. ex sancta A, C 7 voluit U1 8 Procopius. Petrus in marg. A; Procopius, Rasius, Petrus: haeretici in Bohemia in marg. U3 9 Rasii MU 10 propositos V 11 habere … famulos omit. F 12 ante F 13 omit. U1 14 hec V 15 Hieronimus in marg. A, D; Hieronymus in marg. G; Divus Hieronymus in marg. U3 16 tecum corr. ex mecum D; mecum B, E, G 17 relinquerimus F, U1, U2, V 18 omnium F, U1 19 suapte U1, U2, V 20 morbulas U1 21 omit. V 22 omit. F 23 Cyprianus in marg. A, G; Ciprianus in marg. D; Divus Cyprianus in marg. U3

1

81 orations, if the "Cum animadverto" is counted is a Piccolomini-oration, see oration "Quam laetus", Appendix

Oration "Audivi"[1], sect. 18

Oration "Si putarem"[5], sect.

D'Elia: Renaissance, p. 52: Wedding orations functioned as panegyrics for rulers and elites in Italian courts

Boccaccio, p. 9

See e.g. Piccolomini's letter to Johann Vrunt of

November 1445 (Epistolarium, pp. 495)

Jeronimus: Epistola ad Heliodorus (60),1. MPL, XXII, col. 589

Duarte (1391Duarte ( -1438)): King from 1433 until his death

Leonora of Aragon (1402-1445)

"sanguis"

By Spain is here meant the Iberian peninsula of which Portugal is part

Rudolf I (1218-1291): Originally a Swabian count. King of the Romans (Germany) from 1273 until his death. Raised the Habsburg dynasty to a leading position. The first Habsburg to acquire the duchies of Austria and Styria

Albrecht I (1255Albrecht I ( -1308)): Duke of Austria. King of the Romans (Germany) from 1298 until his death

Parthenope: Figure from Greek mythology and name of the early Greek colony that later developed into Neapolis (Naples)

Pope Nicolaus

I.e. in the oration "Fateor"

Toews,

Voigt, III, pp.

[START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF][21] p. 54

Note that in the edition by Freher, the initial word Fateor has fallen out, so that the incipit of the oration in his edition is Beatissime pater, cf. below

O'Brien: Pope, pp. 70-71, seems to believe that Piccolomini's position on the ecumenical council was at odds with Nicolaus Vs and his own later position on councils, but this is probably not a correct interpretation of his diplomatic message. But she is quite right in pointing out that the oration's formal assertion of the need for a council was an embarassment to him as pope

For an analysis of Piccolomini's use of sources, see Collected Orations of Pope Pius II, ch. 8

http://www.pseudoisidor.mgh.de/

Juvenalis: Saturae, 1.44. The reference is to a speaking contest in Lyons, instituted by the Emperor Caligula, where the losersis underwent humiliating punishments

The negotiations of the contract of marriage between the emperor and Princess Leonora of Portugal, the future empress, see Piccolomini's oration "Quamvis grandes materias"[14]

i.e. the Christian era

Juvenalis: Saturae,

In 1447

See Baldi, p. 175, on the imperial coronation and wedding as an occasion for furthering the alliance between pope and emperor

Cicero: Tusculanae disputationes,1.2.4

2. Corinthians, 1, 12

Note here the contraposition of a pagan author (Cicero) and a Christian

E.g. the papal presidents of the council

I.e. the pope

i.e. the Keys of Saint Peter, symbol of papal supremacvy

I.e. of the Church

Matthew, 16,[START_REF]3 dilectior est 4 ? Quis nostro saeculo praeter hunc unum 5 favet ingeniis? Quis justior, quis liberalior, quis animo majori regnat? An solus hic ex principantibus est, qui neque secundis rebus intumescit, neque destituitur adversis? Verus fortunae domitor et nostri gloria saeculi 6 , qui non minori perseverantia Neapolim cepit, quam Graeci duces 7 Trojam 8 expugnaverunt 9 . Ostendi tibi dotem 10 meam ex paterna maternaque domo non parvam gloriam[END_REF][START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF]

John, 1, 42

John, 21, 15

Luke 5, 4

On the medieval notion of the common good, see Black, pp. 24 ff

Humanist diplomatic speakers would sometimes end their oration to a ruler with a polite request for further meetings, cf. Collected Orations of Pope PiusII, ch. 7.8

omit. C

Oratio … maximo : Enee Silvii episcopi Senensis legati Caesaris oratio ad Nicolaum V. pontificem de coronatione Caesaris statuenda D, G

"fasces"

As duke of Savoy Amédée VIII, who became antipope as Felix V, had flooded the Council of Basel with bishops from his own territories and managed to be elected (anti-)pope by the council

The schism between Pope Eugenius IV on one side and the Council of Basel with its antipope on the other

German Neutrality in relation to Pope and Council from 1438 to 1447

1447, see Oration "Non habet me dubium"[11]

istec D, G

Isaias in marg. D; Esaias in marg. G

"blandiantur"

Acts,[START_REF]Vivere 1 te cupimus longos, Alphonse, per annos, Aurea quo nobis saecula rege patent[END_REF][2][3]

Isaias, 32, 3

corr. D; sanctitas G

Juan Carvajal

Proverbs, 16,[START_REF][END_REF] cor hominis disponet viam suam sed Domini est dirigere gressus eius

Quotation not identified

Psalms, 88, 33: visitabo in virga scelera eorum et in plagis iniquitatem eorum

Note that the termini nationis refer to the German nation as not including Italy

"pensiculate et enucleate"

Cicero: De officiis,1.23.81. Cf. Valerius Maximus,

7.2.2, where this maxim is attributed to Scipio Africanus7 Vergilius: Aeneis, 10, 5018 Statius: Thebais, 3, 562-563: Quid crastina volveret aetas scire nefas homini

sanctitatis G

i.e. Rome

nesciunt B

glorie G

The Jubilee Year of 1450

Vergilius: Aeneis,

Augustinus: De civitate Dei, 5, 20

"Christianae reipublicae"

conventum corr. ex conventus A, C

omit. G

I.e. the sword of political authority (the Empire) and the sword of religious authority (the Papacy)

Vergilius: Eclogae, 1, 62

Vergilius: Eclogae, 1, 63

Palacky: Geschichte, IV, 1, pp.

ff.2 Voigt, II, p. 27: Nun hat Enea in seine böhmische Geschichte eine Rede hineinphantasiert, and later: Dieser Bericht wäre also eine Lüge

Bachmann, II, p. 423

At this conference Piccolomini represented the emperor, not the pope

Hoensch, p. 157. See alsoSeibt,

Heymann, p.

Heymann, p. 50

Concerning the textual transmission of Pius II´s orations, see Collected orations of PopePius, vol. 1, ch. 5

Friedrich III (Habsburg) (1415-1493): Duke of Austria (as Friedrich V) from 1424. Elected King of Germany and Holy Roman Emperor in 1440, crowned in Rome in 1452

Ladislaus the Posthumous (Habsburg) (1440 -1457): Archduke of Austria from 1440, King of Hungary from 1444 and King of Bohemia from 1453 until his death

Albrecht II of Habsburg (Habsburg) (1397-1439): Archduke of Austria. King of Hungary and Croatia from 1437. Uncrowned King of Bohemia. Elected Emperor of the Holy Roman Empire in 1438, but died the next year

recte tutela MU

If the emperor would not hand over Ladislaus

RTA,[START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] 1, p. 143

On Pius II's use of Turkish atrocities, see Smith

Concerning the textual transmission of Pius II´s orations, see Collected orations of Pope PiusII, vol. 1, ch. 5

Manuscripts for which an orthographical profile is given in Collected orations of Pope Pius II, vol. 11, are marked with an asterisk

RTA,[START_REF]P monstrum FR Vivere … potest omit. F, P 6. Bibliography Baldi, Barbara: Il "cardinale tedesco[END_REF] 1, p. 104, n. 1

Friedrich III, before his coronation as emperor

"tanti fastigii"

Pope Nicolaus V

I.o De fide in marg. V

II.o De turcho et Soldano in marg. V

obsculari W

divina V

auctoritate V

em.; si V, W

III.o in marg. V

em.; Antiochi V, W

IV.o in marg. V

omit. V

suopte V

suapte ingenio": as opposed to the exhortation of the ambassadors

Cyprianus: Epistola ad Fortunatum de exhortatione martyrii, 13. MPL, IV, col. 675. Translation quoted after the New Advent edition

Piccolomini had developed the double theme of a tranquil life in this world and eternal happiness in the next in his oration to the parishioners of Aspach, cf. the oration "Non est apud me dubium"[6]

i.e. after the arrival at the gates of Rome

Zimolo, p. 22: Postridie orationem habuit de imperatore coronando

Voigt, III, p.

 4 It is probably this oration Manetti refers to in his biography of Pope Nicolaus V, saying: Atque his et huiusmodi ceremoniis de more habitis, parvam quondam oratiunculam precibus supplicationibusque referctam habuit, grataque et humana responsione recepta, e sancto pontificis conspectus abiit [i.e. the emperor], Manetti, p. 106 5 See the oration "Sentio"[START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF] 6 Voigt, III, 45. See also Piccolomini's Historia Austrialis (see below), his Commentarii, Bk. 1, ch. 6-8, his oration "Sentio"[START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF], sect. 68, for his own version of the events

Hack, p. 152

Sayers,

Oration "Sentio"[START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF], sect. 104: comite major, duce superior, rege excelsior, imperatore sublimior

Oration "Cum bellum hodie"[START_REF]Quid 1 amplius? Annis XI Fridericus solus Austriam gubernavit 2 , non tamen sine consilio indigenarum 3 . Oboediverunt omnes, fidem servarunt 4 , nemo se opposuit, nemo contradixit, nemo testamentum Alberti 5 in medium adduxit 6 , nemo se absolutum promissionibus dixit, nemo litteras pactionum induxit 7[END_REF], sect. 3

Oration "Sentio"[START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF], sect.[START_REF]6 , qui rebus magnis vel puer interfuit gravesque mores didicit. Quo 7 semel est imbuta recens, servabit odorem testa diu[END_REF]

Concerning the textual transmission of Pius II´s orations, see Collected orations of Pope PiusII, vol. 1, ch. 5

Manuscripts for which an orthographical profile is given in Collected orations of Pope Pius II, vol. 11, are marked with an asterisk

Cicero: De officiis, 1.19.64: Sed quo difficilius, hoc praeclarius

Terentius: Heautontimoroumenos,

 3 Vergilius: Aeneis, 6.688-689: vicit iter durum pietas, datur ora tueri, nate, tua et notas audire et reddere voces?Adapted by Piccolomini

Sect.

Piccolomini: De liberorum,[START_REF]discussionem: quid est quod secundo loco adversantes objiciunt?[END_REF][START_REF]Hic ego paucissimis verbis satisfacere possum[END_REF]

vel add. MU

See Collected Orations of Pope PiusII, vol. 1, sect. 8.4.4.

Matthew, 6, 33

See Collected Orations of Pope PiusII, vol. 1, sect. 7.8.1.

See Collected Orations of Pope Pius II, vol. 1, sect. 7.9.5.

This following list of manuscripts, based on Kristeller, is not intended to be exhaustive

Pagination not given by Kristeller

A collection of orations including "Cum Animadverto"

I have not been able to determine which of Cochlaeus' many writings may have been used / MCS

For an analysis of Piccolomini's use of sources, see Collected Orations of Pope Pius II, ch. 8

Policraticus

Elegans Ladislai regis ad pontificem oratio MU

exsudaret MU

I.e. the College of cardinals

"unicum"

"numinis"

dignius in ea : in ea dignius MU

in terris omit.MU

et add. MU

omit.MU

I.e. cardinals, bishops etc.

Here begins a lengthy quotation from Piccolomini's De liberorum educatione, cf. Introduction, sect. 3.1.1.

Matthew, 6,

 3 Valerius Maximus, 1.1.9: Omnia namque post religionem ponenda semper nostra civitas duxit, etiam in quibus summae maiestatis conspici decus voluit. quapropter non dubitaverunt sacris imperia servire, ita se humanarum rerum futura regimen existimantia si divinae potentiae bene atque constanter fuissent famulata4 This section echoes John of Salisbury: Policraticus, IV, 3 (Dickinson, p. 9 ff): That the prince is the minister of the priests and inferior to them (title of chapter 4)5 John of Salisbury: Policraticus, 4.3. MPL, CIC, 516B-C6 Here ends the lengthy quotation from Piccolomini's De liberorum educatione 7 "felicissimum"

It may be noted that on some points the shorter version more faithfully reproduces the De Liberorum Educatione, which it quotes extensively. This may support the notion that the longer version is a later, reworked version of the text

em. after Longer Version;

em. after Longer Version; inest cod.

CO, HA, I, II, Ady, Boulting, Koller, Mitchell, Paparelli, Pastor, I, III, ch. IV; Reinhardt, Stolf, Helmrath: Pius, Housley, pp.

[221][222][223][224] Toews, Voigt, III, Oration "Audivi"[1], sect. 213 The concept of war in Piccolomini's Turkish orations had to some extent been developed in his Pentalogus of 1443, seeMärtl, 2013, p. 14 4 Usually the "Moyses vir Dei" has been considered to be Piccolomini's first Turkish oration, cf. Helmrath: Pius, p.89, but this is probably because the "Quamvis in hoc senatu"[17], though known previously, cf. RTA, 19, 1, p. 104, n. 1, has not been identified as an oration by Piccolomini

Hankins, p. 113

Hankins, p. 128

Schowebel, p. 19

Oration "Si putarem"[5]

HA, II, 636. Helmrath: Pius, p. 89, gives the date as

April 2 It was now known -even by the Milanese ambassadors who reported it to their duke -that, during his stay in Rome, Ladislaus had tried to escape and become free of the emperor's wardship. He had even privately addressed the pope in the matter. This gave special cogency to Piccolomini's dramatic and emotional appeal to the pope on behalf of Hungary and the orphaned boy-king, standing with the emperor3 For a comprehensive survey of manuscripts and editions, see Helmrath: Reichstagsreden, p. 336-74 Concerning the textual transmission of Pius II´s orations, see Collected orations of Pope Pius II, ch. 5

For other editions of the Historia Austrialis, see Collected Orations of Pope Pius II, ch. 11: General bibliography

For a full survey and analysis of the incunabula editions of the letters of Piccolomini/Pius, see Häbler

Cf. Häbler, p. 148

The OO-edition has been collated with a view to verifying Häbler's assertion (which appears to be correct)

Listed in Kristeller, foliation approximative

Listed in Kristeller, foliation approximative

Listed in Kristeller, foliation approximative

For an analysis of Piccolomini's use of sources, see Collected Orations Pope PiusII, ch. 8

Nicolaus V [Tommaso Parentucelli] (15.11.1397-24.3.1455): Pope from 6 March 1447 to his death

Moyses vir Dei: Piccolomini had borrowed these opening words from a bull of Pope Eugenius of 4 September 1439 in which he condemned the decree Sacrosancta of the Council of Konstanz and declared the clergy at Basel schismatics and heretics, see Rainaldus, ad ann. 1439, nr. 29. Choosing this incipit, he was thus making an implicit statement of imperial support for the papacy

Numbers, 27, 21

By analogy: the pope

Note that in the final version Piccolomini's reuses the notion of the imperium of the high priest in great matters, but not the notion that this imperium extends to military matters (res bellicae)

Not Ovid, but Magnus Felix Ennodius: Epistolae, 7.12. MPL, LXIII, col. 119

reddant M,KO, OO

Psalms,[START_REF]ex Italia consilia sive reponsa prudentum. Non parvipendimus viros doctos, neque scholarum gravibus judiciis derogamus. Viderint, qui recipiunt, et qui dant consilia, ne fallantur aut 1 fallant. Nos Paulum 2 apostolum, vas electionis, doctorem gentium, veritatis magistrum sequimur. Verba ejus haec sunt: Quanto 3 tempore haeres 4 parvulus est, nihil differt a servo, cum sit dominus universorum, sed sub tutoribus et actoribus 5 est usque ad praefinitum 6 tempus a patre. Quod de patre dicitur, hoc de lege seu consuetudine intelligitur, si testamentum desit[END_REF] 1

Lamentations, 1, 1

Note that it is the emperor who requests a crusade from the pope, recognizing that it is the pope who has the initiative and authority to indict a crusade

Dubius belli exitus: common Latin dictum

Suetonius: De vitis Caesarum / Augustus,25.4

omit. M

omit. M

omit. OO

relinquunt M,KO, OO

Lamentations, 3, 27

Note the idea that the way to have peace amongs the Europeans would be to unite them against the common enemy, the Turks

(Orations of Pope Pius II; 20)

Voigt, III, p. 83

Boulting,

Toews, p. 237

Toews, p. 238

I.e. the pope

WO, III, I, p. 565

"jura"

HB, p. 626: Nobis persuasum est armis acquire regna, non legibus

Published in Chmel, II, nr. 4, Digitized by Google and available on the web: https://books.google.de/books?id=YTE_AAAAcAAJ&printsec=frontcover&hl=da&source=gbs_ge_summary_r&cad=0#v =onepage&q&f=false

Walther, p. 315

See the above-mentioned letters toCarvajal and Schaumberg

Horatius: Carmina, 3.3.1

Horatius: Satirae, 2.7.83-86. Slightly adapted by Piccolomini

Horatius: Satirae, 2.7.88

Piccolomini considers the quotes from Horace to be an expression of classical stoic philosophy, and the tenor of the argument is that if the pagan stoics of antiquity could behave well, Christians monks should behave even better

Decretum, C.11.3.89 (col. 668). From the Decretals of Pseudo-Isidore

Albertus in marg. A; Albertus hereticorum malleus in marg. U3

Sigismundus in marg. A; Sigismundus rex divise ecclesie uniende auctor in marg. U3

Strangely prophetic words: when Ladislaus died some years afterwards in Prague, he may have died of the plague or other natural causes, but many thought that he had been murdered (by poison), as Piccolomini was quite aware cf. HB, p. 624: … Georgius Pogiebratius rex pronuntiatur … Ea res necati regis suspitionem maxime auxit

This passage echoes a passage in the oration "Cum animadverto" -presumably written in the beginning of the year by Piccolomini himself -for King Ladislaus, as an oration of obedience to Pope Nicolaus V: For my forefathers, who governed Hungary, Bohemia, Austria, have always had especial love and reverence for this divine See. Following in their footsteps, I shall show, as long as I live, the highest reverence for you as the keybearer of eternal life

An example of the classical rhetorical device of accumulatio

Seneca: Phaedra, 721

Isaiah, 10, 15

2. Corinthians, 10, 8. Arguments used by conciliarists to circumscribe the pope's power

Proverbs,

3, 27

"novitas"

Psalms 63, 8

"sanior pars"

Decretum, D.8.8 (col.15): consuetudo sine veritate vetustas erroris est. Cyprianus: Ep. ad Pompejum

Proverbs, 13,

2 Quintilianus: Institutio oratoria, 1.2.6. Also used by Piccolomini in his De liberorum educatione (Kallendorf, p. 139), written in 1450, and dedicated to King Ladislaus, then 10 years old

i.e. to kill him

Juvenalis: Satirae, 10.110

Ladislaus actually died a few years later in Prague, at the age of 18. Many belived that he had been poisoned at the orders of then governor of the realm, Georg Podiebrad, who afterwards became king in his place

Lucanus, infestisque obvia signis signa, pares aquilas et pila minantia pilis

Statius: Thebais, 1.2

Vergilius: Georgica,

This topos from the classical urbs capta descriptions Piccolomini would reuse -again and again -in his later crusading orations, when describing the Turkish conquest of Constantinople

Seneca: Phoenissae,

625-630: Nunc belli mala propone, dubias Martis incerti vices. Licet omne tecum Graeciae robur trahas, licet arma longe miles ac late explicet, fortuna belli semper ancipiti in loco est

Albrecht VI of Habsburg (1418-1463): Archduke of Inner Austria (i.e. the duchies of Styria, Carinthia and Carniola) from 1424 and of Austria from 1457 to his death

I.e. on their cleverness or the rightness of their cause

I.e. against the Turks

Suetonius: Vitae Caesarum / Augustus, 48

Philip (1448Philip ( -1508)): Elector Palatine of the Rhine, from the house of Wittelsbach, from 1476 to his death

Friedrich I (1425Friedrich I ( -1476)): Count Palatine of the Rhine and Elector Palatine from the House of Wittelsbach from 1451 to his death

"tempus"

At the time of Ladislas' birth

An example of the classical rhetorical device of accumulatio

I.e.Ladislaus

I.e. the emperor

Qualis papa in marg. A

"leviter"

Gregorius I: Homiliae in Ezechielem, 7,[4][5] LXXVI, col. 841

Cf. the biblical story of Sodom and Gomorra, cf.

Genesis 18, 21

"auctoritas"

Cf. the biblical story of the prophet Jonah and Ninive, cf. book of Jonah

Seneca: Troades,

 2 Quotation not identified

"necessitas"

Decretum, C.2.6.9. (col. 468)

I.d. from a prince to any another judge

The manuscripts have: "apostolos in carcere … accipere", i.e. "to receive the apostles in prison", which gives no meaning. In his edition of ms. E, Muratori has emendated "apostolos" to "appelationis poenam", which has been retained in the main Latin text, though it is clearly a conjecture

"praefecti praetorio"

"apostolatu"

"eodem morbo laborat", i.e. as a heretical pope

or "summoned before"

I.e abolished the priestly celibacy

Like a murder

I.e. the Council of Konstanz 1414-1418 and the Council of Basel, 1431-1437

Decretum, C.9.3.16 (col. 611). Gelasius ad Faustum legatum

Decretum, C.9.3.17 (col. 611). Gelasius omnibus episcopis

Plato (428/427 or 424/423 BC-348/347 BC): Greek philosopher. Student of Socrates

A slur on the ideal state as conceived by Plato, in his The Republic

: Greek philosopher

From the antiphon Maria virgo assumpta est, from the Office of the Holy Virgin

Daniel, 13

I.e. the Austrians

"indigne"

"colitiganti": co-litigant

Roman saying, quoted by Cicero in his Pro Milone, 4, 10

Decretum, C.25.1.11 (col. 1009)

Ezekiel, 33, 11

Note the concept of the world as a machine, machina mundi, and God as the mover of the machine

Psalms,[START_REF]Et quamvis essent gentiles ab initio nascentis ecclesiae Caesares, tamen pro salute imperatorum sine intermissione preces ad Deum fundebant. Quod si mihi non creditur[END_REF]

3: et erit in Salem tabernaculum eius. The Latin text is different from the Vulgate

Psalms, 33, 15: recede a malo et fac bonum quaere pacem et persequere eam. The Latin text is different from the Vulgate

Luke, 12, 35: Sint lumbi vestri praecincti, et lucernae ardentes in manibus vestris

Matthew,[START_REF]Quid nunc in casu nostro dicemus? Arripuerunt arma nonnulli ex Austria; ducatus regimen, quod imperator obtinuerat, invaserunt; judices 1 , quos ille constituerat, excluserunt; putaverunt 2 se jure uti suo. Contra, Caesar offensum se dicit. Quis hic judex? Quis litis decisor erit? Non Bohemus aut Hungarus: nihil ad hos Austriae negotia pertinent 3 . Non Suevus, non Bavarus, non electores imperii 4 : nullus hic regum 5 judicium hoc jure suscipiet, omnes imperatore minores sunt. Quis igitur in tali negotio, nisi Romanus praesul 6 legitime judicabit 7 , qui communis est omnium pater, ecclesiae caput, magister fidei[END_REF][START_REF]episcopis scribit: Sic omnes apostolicae sedis 4 sanctiones accipiendae sunt, tamquam divina Petri voce firmatae 5 . Denique perpetuo anathemate damnari et cum impiis reputari, qui non resurgunt in judicio, atque omnipotentis Dei contra se iram sentire debent, qui Romanam ecclesiam confundere praesumunt, ut fiat 6 habitatio eorum deserta, et in tabernaculis eorum 7 non sit, qui inhabitet[END_REF]

Jeronimus: Epistola ad Damasum(15), 2. MPL, XXII, col. 355. Decretum, 24.1.25.

Adaptation of 1. Timothy, 1, 5

Jeronimus: Epistola ad Damasum(15), 1. MPL, XXII, col.

Abstract

In 1451, the Duke of Burgundy's crusade had matured to the extent that he would attempt to make it a joint European project. Among others he sent an embassy to the Imperial Court, at the time residing in Wiener Neustadt, where it was given a polite, but not enthusiastic reception. In the name of the emperor, his top diplomat, Bishop Piccolomini of Siena, replied to the Burgundian ambassadors with the oration "Quamvis in hoc senatu". In this oration, he touched upon a number of themes which he would re-use in his future Turkish orations, and ended with the emperor's promise to take up the matter with the pope when he went to Rome for his coronation the next year.

Keywords

Texts:

Early Version (EV): The edition is based on all three manuscripts listed and on the Freher edition from 1717, with the Vienna manuscript as the lead text. 1 Intermediate Version (IV): The edition is based on both the manuscripts listed and on the printed editions by Koberger, Freher and the Opera Omnia edition.

Final Version (FV): The edition is based on six of the manuscripts containing the collected edition of Pius'orations, with the Chis. J.VIII 284 as the lead text.

Presentation:

The Early Version (EV) and the Intermediate/Final Version (IFV) are published synoptically, on the left pages, with the Early Version above and the Intermediate/Final Version below. Identical passages (with no regard for differences in word order, grammatical form and in the use of et/ac/atque) are given in bold types 2 .

Pagination:

Early Version: follows the Vienna manuscript.

Intermediate/Final Version: follows the Chis. J.VIII 284.

1 For an exhaustive edition of the Early version as based on the manuscripts containing the second/third version of the Historia Austrialis, the reader is referred to Wagendorfer's edition 2 Except differences in word order, grammatical form and of et/ac/atque 7 . Unde adhuc Urbani 8 , qui convocavit 9 passagium et 10 , Gotfridi 11 12 , qui conduxit 13 , illustre nomen habetur.

Sigla and abbreviations

3. Feasibility of the expedition [17] [IV/FV] It remains to speak about the feasibility of gathering a crusade and about the hope for success. There are many, Holy Father, who when hearing talk about a crusade say: "Oh, that old dream, that old delusion, that silly nonsense!" Nevertheless, when the Oriental Church was persecuted by the pagans and the Saracens crushed Jerusalem, your predecessor Urban 14 was moved by the entreaties of Alexius, 15 who held Constantinople, and of other Christians, living under the Turks. 16 Going on a difficult and burdensome journey to France, 17 he gathered a great army, and -according to that serious author Otto of Freising 18 -sent 300.000 men to Greece, Asia, 19 and Syria. 20 The Saracene forces were unable to resist them and to prevent them from conquering Antioch and seizing Jerusalem. Therefore, the names of Urban, who mustered the crusade, and of Godefroy, 21 who led it, are still held in high regard. Piccolomini prepared an oration, the "Sentio", to be held at the conference, vigourously defending both emperor and pope, but the oration was probably not delivered. The oration is extant in three versions.

Key words

Version 1

This version was included in three splendid manuscripts containing the "official" collection of Piccolomini's letters "in episcopatu".  Venezia / Biblioteca Marciana Lat. XIV.1, ff. 42r-95r (V)

Version 3

The Final Version is included in all seven manuscripts containing the Collected Orations of Pius II, compiled in 1462 under the pope's direct supervision. The seven manuscripts are the following:

Editions

The third version has been published (at least) three times in the 17 th -18 th century:

Present edition

For principles of edition (incl. orthography) and translation, see Collected Orations of Pope Pius II, vol. 1, ch. 9-10.

Text:

The text is based on all manuscripts listed above. Muratori's edition has also been collated with a view to assessing its quality.

Pagination: after BAV / Chis. J.VIII 284: red

Sources 1

In this oration, altogether 180 direct and indirect quotations from various sources have been identified:

Biblical: 70 Classical: 43 Patristic and medieval: 66 Contemporary: 1 All : 180

The biblical quotations dominate slightly, but there are quite many quotations from the classics and the fathers.

Biblical sources: 70

Old Testament: 31 [1] Reverend fathers, illustrious princes, and other distinguished men, today I feel a heavy burden on my shoulders as I am going to speak against many powerful and eminent nobles of Austria in a highly important matter. But this matter concerns Our Most Holy Lord, Pope Nicolaus V, 1 and as I am his orator in these regions 2 -though not worthy of such an important office -I must speak out in his defense since everybody else remains silent. For I would not justly have accepted the title and name of legate -a name [that has been held] inviolate 3 among all peoples through centuriesif I did not with all my strength defend the dignity of the one who sent me. As the cold of snow in the time of harvest, says the Wise One, so is a faithful messenger to him that sent him, for he refresheth his soul. 4 Therefore, since to speak a word in due time is like apples of gold on beds of silver, 5 who will not listen favourably as I defend the cause of the High Priest, the common father and teacher of all?

1 Nicolaus V [Tommaso Parentucelli] (1397-1455): Pope from 6 March 1447 until his death 2 In March 1453, Piccolomini was appointed papal legate to Bohemia, Silesia, Austria, Moravia, Styria, Carinthia, Carniola, and later to Hungary 3 "sanctum" 4 Proverbs, 25, 13: sicut frigus nivis in die messis ita legatus fidelis ei qui misit eum animam illius requiescere facit 5 Proverbs, 25, 11: mala aurea in lectis argenteis qui loquitur verbum in tempore suo 0.3. Subject of oration [15] If I understand correctly, there are three particular spears that our adversaries throw at us, 1 three main objections. You have heard what they say. They claim that Our Lord 2 has dared something inappropriate, unworthy and unusual. He has sent an unjustified and impious monitorum with threats of punishment to the Austrians. He has interfered in a secular, political 3 and profane matter outside his own area of competence and tried to prevent them from acting justly in the interests of their lord. And he has troubled great prelates and noble barons with fearsome and unheard-of censures though they had not been able to present their defense and be heard by him.

All that is said by the opposite party is contained in these few words. Our opponents blather much, but the essence of their grievances consists in these three points.

1 Concerning Piccolomini's use of spears and arrows in duels as metaphor for sharp arguments in debates, see the oration "Si putarem", [5] sect. 35 2 i.e. the pope 3 "mundanum"

Many people, I think, would be moved by such reasoning.

Pact between the Austrians and the emperor

[40] Having refuted this claim, we must now speak about the agreement. The Austrians say that the emperor had given them a letter confirming that if His Majesty did not govern Austria in the specified manner, the promises made by the Austrians would be null and void. Let us assume that this is correct, for I do not presume to determine the truth of the matter. 1 But what then? I do not deny that a promise should be kept, for we should always sincerely endeavour to fulfill our promises, and the words of a prince should not be fickle. But if you add to the agreement: "If you do not go to Rome, having given ten," 2 then the emperor is not guilty of breaking his promise gave ten while at home. 3 "But this is what we want," they will say. "The emperor did not rule as he had promised. Therefore, we are no longer bound by our promises to him. Thus it is stipulated in the agreement, and princes, too, are bound by their agreements." But even if what they say is a fact, why would the promises become void? "If we are not bound by the promise," they will say, "then we are free and under no obligation to obey the emperor. Therefore, we have lawfully thrown off his yoke." But what I claim is that even if the promises should have become void, the Austrians are still not free, for agreements, interpreted strictly, do not have any effect nor create any obligation beyond the matter in question.

[41] Let us now explain what actually happened. When the agreement in question was negotiated, Friedrich requested the administration of the Duchy of Austria that was his right as guardian. First the Austrians refused it, then the two parties came to an agreement, and in the end the government was transferred as requested. Let us, for the sake of argument, admit that the government did not, on all points, respect the terms of the agreement (though later we shall argue against this view). In that case, to what extent are the parties bound by the agreement? Does it then give the Austrians such freedom that they owe the emperor nothing? Absolutely not! It may reasonably be held that since they are freed from their promises, they are not bound by the agreement: whatever was stipulated in the pact has been annulled. They made a promise: they are not obliged to keep that promise. They swore an oath: they are not bound by that oath. They made a pledge: the pledge has lapsed.

So, do they no longer have any obligations towards the emperor? Not so, I say.

1 "nam veri periculum mihi non arrogo." Expression of Solinus: Veri periculum ad me non recipio 2 "decem dare": meaning unclear 3 The meaning of this passage is unclear

Interests of King Ladislaus

2.3.1. Austrians' disobedience towards Ladislaus' superior, the emperor, is not in the best interest of Ladislaus [START_REF]si quaeramus 7 , Ladislao quis Austriae principatum commiserit, ex successione dicent principem esse. Quod si progenitorum 8 progenitoribus, unde sit haec potestas, investigemus, necessarium 9 erit tandem ab imperio fateantur esse ducatum. Non est admodum vetus, quod referam. Tenuerunt 10 Caesares hujus provinciae dominium 11 , et hanc terram ducatus titulo donaverunt[END_REF] Let us now demolish their third argument, in which they advance the interests of their lord and claim that in taking up weapons the Austrians helped the case of their lord. Hungarians and Bohemians, I ask you to listen now: here we are not disputing with you, so please do not let passion taint your judgment concerning your own kingdoms.

As for the lord, the Austrians call King Ladislaus their lord, and they do so rightfully, nobly, and truly -that nobody will deny. However, I claim that the Austrians have two temporal 1 lords, one being the emperor, and the other being Ladislaus, and Ladislaus not as a king, but as a duke. Read the chronicles 2 if you do not believe me: I do not talk about ancient matters. If we ask how the Principality of Austria came to Ladislaus, [the chronicles] will tell you that he is prince by right of succession. If we examine from where the forefathers of the forefathers had their power, they must say that the duchy derives from the empire. What I report does not lie so far back. The emperors had the lordship of this region, and it was they who granted the country as a duchy.

During the reign of Friedrich II, 3 Duke Albrecht 4 of Austria 5 fought the Hungarians at the river Leitha 6 and was killed by his own. As he had no heirs, the duchy devolved upon the empire, and Friedrich ruled it through vicars for the rest of his lifetime.

1 I.e. secular as opposed to spiritual/religious 2 "historiae 3 Friedrich II (Hohenstaufen) (1194-1250): Holy Roman Emperor

Austrian complaints about the emperor's treatment of Ladislaus

[52] The Austrians will admit, I believe, that they did not at all defend the cause of Friedrich as their lord, whereas they certainly defended the interests of Ladislaus, their prince and lord, whom they considered to be preferred to the emperor. But this too may be questioned. Let us hear what advantage and benefit they claim to have sought and gained on behalf of Ladislaus: "Our lord," they say, "languished in captivity at Friedrich's court and was taught neither letters nor manners. He was given food and drink very sparingly. He had no opportunity to play. Though a tender child, he was brought to Rome at the risk of his life. His treasures and mobile property were plundered, and his castles and tax incomes were robbed. Neither Hungary nor Bohemia was being consulted. We liberated our lord, and now he can see to and manage his own affairs. Now he lacks for nothing. Now he has come to his fellow-men, he has come to light and glory. Already the Hungarians and the Bohemians come to him. Every day is a feast. He lives for himself and his subjects. All are happy. Who will deny that this is both good and advantageous? Thus, we have been working for the cause of our lord, for our own benefit, and for the benefit of our country.

The matter has been conducted well, as is evident if nobody speaks up against it."

But as we examine all these claims, we must completely disagree. I shall now say what I think, and I believe that others, who are not led astray by personal feelings, will agree with me.

Piccolomini´s refutation

2.3.3.1 Ladislaus was not treated as a prisoner

[53] Their claims concerning captivity are astonishing. Ladislaus was not free to go wherever or whenever he wanted to, but he could not for that reason be called a prisoner. No child should be given complete freedom, nay, on the contrary, children must live according to another person's judgment, and not as they themselves wish to. He that spareth the rod, hateth his son. 1 That soft upbringing which we call "indulgence" shatters every nerve of mind and body. 2 The emperor loved Ladislaus greatly and raised him as befits the son of a king. He may not have been surrounded by a thousand young boys or thousand waiting women, but he was raised in royal style and given proper care; he was entrusted to modest and competent preceptors; he was raised chastely, and he was taught both letters and manners. But why do we argue? The excellent upbringing of the boy is evident in his very appearance: in his face there is grace, in his carriage there is dignity, in his speech there is modesty, and in his whole behaviour he shows singular discernment (as far as possible for a child). These qualities he would not have developed with less experienced educators.

2.3.3.7. Austrian rebellion did not profit Austria [START_REF]Ad eos festinat oratio, qui suam et patriae utilitatem in 1 medium deducunt. Hic ego non negaverim aliquos Austriales ditiores 2 effectos 3 . Quis enim non sua magis quam communia quaerit? In 4 omni populo et 5 quocumque 6 sub axe Catilinam 7 reperies, Catonem 8 atque Fabricium 9[END_REF] My oration now hastens on towards those who bring up their own benefit and the benefit of their country. I do not deny that some Austrians have become richer, for everybody is more concerned about his own affairs than the affairs of the community. In every people, everywhere, you will find a Catiline. 1 2 It is a rare city that gives us a Cato 3 and a Fabricius. 4 But there is no true profit in wealth acquired unjustly. According to Augustine, nobody gains an unjust profit without a just blame. Where there is profit, there is guilt: profit in the chest, guilt in the breast. He dressed well, but lost faith. He got money, but lost justice. 5 I leave that man to his own conscience whose mind is ever kept in terror by the consciousness of an evil deed which lashes him with unheard blows. 6 The wise men say that nothing is advantageous that it is not also morally good. 7 But no more about this. [70] Outside Rome, at the first milestone, the emperor -as a very special gesture -was met by the College of Cardinals, not to mention a crowd of citizens, nobles, senators, princes and prelates. The next day he made a magnificent entry: the Supreme Pontiff, Nicolaus, awaited him at the Basilica of Saint Peter together with the cardinals and the clergy, and the emperor kissed [the pope's] holy feet in honour of the Fisherman 1 and in veneration of Christ Our Saviour. The Roman coronation was adjourned to the tenth day. The crown of Lombardy he received two days before, in the Chapel of the Prince of the Apostles -because of an outbreak of the plague in Milan. 2 The High Priest 3 personally blessed the marriage. The imperial coronation took place on the same day as the papal coronation of Nicolaus years before. 4 The emperor and the empress were crowned together. Though the emperor possesses richer and more splendid ornaments, on that day he used the pallium, tunic, sword, apple and crown of Charlemagne, 5 brought to Rome from the treasury in Nürnberg, as if the old ornaments had greater majesty than the new. The party of the emperor was most noble and impressive: on one side his cousin, King Ladislaus, and on the other his brother, Duke Albrecht 6 , assisted at the throne of the emperor. There were delegations from all of Italy. A great number of princes and grand nobles were knighted on the Ponte Sant'Angelo.

The festivities continued into the night. [109] But let us consider further their learned and thoughtful appeal [to a better informed pope]! They want the Roman Pontiff to combine two judges in one person: the judge from whom the appeal is made, and the judge to whom the appeal is made. Oh, good God, to be so clever! Rightly did they make this distinction: what subtle intelligence! I never hear these people without learning something new! Nothing is more profitable than being with good and wise men. 1 However, if we continue in this way, I do fear that we shall glue even more persons on to the pope, so that we not only conjoin the appellant 2 and him against whom they make the appeal, 3 but also make the pope both judge, accused, advocate 4 and witness! 5 I am surprised that he who crafted this appeal does not grow pale or blush, that destroyer of law, that false interpreter of the canons, who endeavours to introduce monstrosities never before seen or heard. What lawgiver ever allowed an appeal to be made from a judge to the same judge? [cont.]

1 Piccolomini drips irony! 2 I.e. the Austrians 3 I.e. the emperor 4 "agentem" 5 Decretum, C.4.4. (col. 541) [START_REF]Sed absunt a vero sensu sacrisque codicibus et canonibus abutuntur. Asina 1 enim non suo consilio, sed Dei jussu et angelica suggestione 2 sessoris imperio resistit, significans 3 Deo magis quam praelatis esse parendum. At cum nostri Austriales adversus apostolicam monitionem nullam divinitus acceperint jussionem, non latet eos contumaciter resistentes poenam 4 mereri. Nec Pauli se possunt exemplo tueri, cum ille in re fidei Petrum arguerit, quia non ambulabat ad veritatem evangelii. Nihil enim tale nunc agitur 5 , nec Austrialis quisquam est comparandus apostolo 6 , cui revelata sunt secreta caelestia, qui ascendit ad tertium caelum, et vidit arcana Dei, quae non licet homini loqui, magister gentium, praedicator veritatis in universo mundo, par Petro in honore et in passione socius[END_REF] But they are far from the true meaning 1 and they misuse the holy books and canons.

For the ass did not resist the command of its rider of its own will, but on God's command and at the prompting of an angel. Thus it was shown that God should be obeyed more than prelates. But since the Austrians have received no divine command against the apostolic monitorium, it is clear that they resisted it contumaciously and deserve punishment.

Nor can they hide behind the example of Paul, for he gainsaid Peter in a matter of faith, because Peter walked not uprightly unto the truth of the gospel. 2 Such is not the case here, and no Austrian may be compared to the Apostle to whom the secrets of Heaven were revealed, who ascended to the third heaven, 3 and heard secrets of God which it is not granted to man to utter, 4 the teacher of the peoples, the preacher of the truth in the whole world, equal to Peter in honour and his companion in suffering.