OF THE ROMAN EMPIRE 305 men, 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 lirst Cassars. The Roman governors, Avho, 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 laboured 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 pursuits of the fugitive crowns of Italy and Rome. All the attributes of regal and territorial jurisdiction were gradually usurped by the com- manders 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 favour 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 pos- session was insensibly moulded into the constitution of the Germanic kingdom. In every province, the visible presence of the duke or count was interposed between the throne and the nobles ; the subjects of the law became the vassals of a private chief; and the standard, which he received from his sovereign, was often raised against him in the field. The temporal power of the clergy was cherished and exalted by the superstition or policy of the Carlovingian and Saxon dynasties, who blindly depended on their moderation and fidelity ; and the bishoprics of Germany were made equal in extent and privilege, superior in wealth and population, to the most ample states of the mili- tary' order. As long as the emperors retained the prerogative of bestowing on every vacancy these ecclesiastic and secular benefices, their cause was maintained by the gratitude or am- VOL. V. 20
