only by the
ignominious sale of the last relics of sovereignty.
The Barbarian conquerors of the West were pleased to decorate their
chief with the title of emperor; but it was not their design to invest
him with the despotism of Constantine and Justinian. The persons of the
Germans were free, their conquests were their own, and their
national character was animated by a spirit which scorned the servile
jurisprudence of the new or the ancient Rome. It would have been a vain
and dangerous attempt to impose a monarch on the armed freemen, who
were impatient of a magistrate; on the bold, who refused to obey; on the
powerful, who aspired to command. The empire of Charlemagne and Otho was
distributed among the dukes of the nations or provinces, the counts of
the smaller districts, and the margraves of the marches or frontiers,
who all united the civil and military authority as it had been delegated
to the lieutenants of the first Caesars. The Roman governors, who,
for the most part, were soldiers of fortune, seduced their mercenary
legions, assumed the Imperial purple, and either failed or succeeded in
their revolt, without wounding the power and unity of government. If the
dukes, margraves, and counts of Germany, were less audacious in
their claims, the consequences of their success were more lasting and
pernicious to the state. Instead of aiming at the supreme rank,
they silently labored to establish and appropriate their provincial
independence. Their ambition was seconded by the weight of their estates
and vassals, their mutual example and support, the common interest
of the subordinate nobility, the change of princes and families, the
minorities of Otho the Third and Henry the Fourth, the ambition of the
popes, and the vain pursuit of the fugitive crowns of Italy and Rome.
All the attributes of regal and territorial jurisdiction were gradually
usurped by the commanders of the provinces; the right of peace and war,
of life and death, of coinage and taxation, of foreign alliance and
domestic economy. Whatever had been seized by violence, was ratified
by favor or distress, was granted as the price of a doubtful vote or a
voluntary service; whatever had been granted to one could not, without
injury, be denied to his successor or equal; and every act of local or
temporary possession was insensibly moulded into the constitution of the
Germanic kingdom. In every province, the visible presence of the duke or
count was interpose
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