empire must be supported by a refined system of policy and oppression; in the centre, an absolute power, prompt in action and rich in resources; a swift and easy communication with the extreme parts; fortifications to check the first effort of rebellion; a regular administration to protect and punish; and a well-disciplined army to inspire fear, without provoking discontent and despair. Far different was the situation of the German Cæsars, who were ambitious to enslave the kingdom of Italy. Their patrimonial estates were stretched along the Rhine, or scattered in the provinces; but this ample domain was alienated by the imprudence or distress of successive princes; and their revenue, from minute and vexatious prerogative, was scarcely sufficient for the maintenance of their household. Their troops were formed by the legal or voluntary service of their feudal vassals, who . passed the Alps with reluctance, assumed the license of rapine and disorder, and capriciously deserted before the end. of the campaign. Whole armies were swept away by the pestilential influence of the climate; the survivors brought back the bones of their princes and nobles,142 and the effects of their own intemperance were often imputed to the treachery and malice of the Italians, who rejoiced at least in the calamities of the Barbarians. This irregular tyranny might contend on equal terms with the petty tyrants of Italy; nor can the people, or the reader, be much interested in the event of the quarrel. But in the eleventh and twelfth centuries, the Lombards rekindled the flame of industry and freedom; and the generous example was at length imitated by the republics of Tuscany.* In the Italian cities a municipal government had never been totally abolished; and their first privileges were granted by the favor and policy of the em perors, who were desirous of erecting a plebeian barrier

142 After boiling away the flesh. The caldrons for that purpose were a necessary piece of travelling furniture; and a German who was using it for his brother, promised it to a friend, after it should have been employed for himself, (Schmidt, tom. iii. p. 423, 424.) The same author observes that the whole Saxon line was extinguished in Italy,-(tom. ii. p. 440.)

Compare Sismondi, Histoire des Républiques Italiennes. Hallam's Middle Ages. Raumer, Geschichte der Hohenstauffen. Savigny, Geschichte des Römischen Rechts, vol. iii. p. 19, with the authors quoted. -M.

against the independence of the nobles. But their rapid progress, the daily extension of their power and pretensions, were founded on the numbers and spirit of these rising communities.143 Each city filled the measure of her diocese or district the jurisdiction of the counts and bishops, of the marquises and counts, was banished from the land; and the proudest nobles were persuaded or compelled to desert their solitary castles, and to embrace the more honorable character of freemen and magistrates. The legislative authority was inherent in the general assembly; but the executive powers were intrusted to three consuls, annually chosen from the three orders of captains, valvassors,144 and commons, into which the republic was divided. Under the protection of equal law, the labors of agriculture and commerce were gradually revived; but the martial spirit of the Lombards was nourished by the presence of danger; and as often as the bell was rung, or the standard 145 erected, the gates of the city poured forth a numerous and intrepid band, whose zeal in their own cause was soon guided by the use and discipline of arms. At the foot of these popular ramparts, the pride of the Cæsars was overthrown; and the invincible genius of liberty prevailed over the two Frederics, the greatest princes of the middle age; the first, superior perhaps in military prowess; the second, who undoubtedly excelled in the softer accomplishments of peace and learning.

Ambitious of restoring the splendor of the purple, Frederic the First invaded the republics of Lombardy, with the arts of a statesman, the valor of a soldier, and the cruelty of a tyrant. The recent discovery of the Pandects had renewed a science most favorable to despotism; and his venal advocates proclaimed the emperor the absolute master of the lives and properties of his subjects. His royal prerogatives, in a less odious sense, were acknowledged in the diet of Roncaglia;

143 Otho, bishop of Frisingen, has left an important passage on the Italian cities, (1. ii. c. 13, in Script. Ital. tom. vi. p. 707-710 :) and the rise, progress, and government of these republics are perfectly illustrated by Muratori, (Antiquitat. Ital. Medii Ævi, tom iv. dissert. xlv.-lii. p. 1-675. Annal. tom. viii. ix. x.)

144 For these titles, see Selden, (Titles of Honor, vol. iii. part i. p. 488,) Ducange, (Gloss. Latin. tom. ii. p. 140, tom. vi. p. 776,) and St. Marc, (Abrégé Chronologique, tom. ii. p. 719.)

145 The Lombards invented and used the carocium, a standard planted on a car or wagon, drawn by a team of oxen, (Ducange, tom.

and the revenue of Italy was fixed at thirty thousand pounds of silver,146 which were multiplied to an indefinite demand, by the rapine of the fiscal officers. The obstinate cities were reduced by the terror or the force of his arms: his captives were delivered to the executioner, or shot from his military engines; and, after the siege and surrender of Milan, the buildings of that stately capital were razed to the ground, three hundred hostages were sent into Germany, and the inhabitants were dispersed in four villages, under the yoke of the inflexible conqueror.147 But Milan soon rose from her ashes; and the league of Lombardy was cemented by dis. tress their cause was espoused by Venice, Pope Alexander the Third, and the Greek emperor: the fabric of oppression was overturned in a day; and in the treaty of Constance, Frederic subscribed, with some reservations, the freedom of four-and-twenty cities. His grandson contended with their vigor and maturity; but Frederic the Second 148 was endowed with some personal and peculiar advantages. His birth and education recommended him to the Italians; and in the implacable discord of the two factions, the Ghibelins were attached to the emperor, while the Guelfs displayed the banner of liberty and the church. The court of Rome had slumbered, when his father Henry the Sixth was permitted to unite with the empire the kingdoms of Naples and Sicily; and from these hereditary realms the son derived an ample and ready supply of troops and treasure. Yet Frederic the Second was finally oppressed by the arms of the Lombards and the thunders of the Vatican: his kingdom was given to a stranger, and the last of his family was beheaded at Naples on a public scaffold. During sixty years, no emperor appeared in Italy,

146 Gunther Ligurinus, 1. viii. 584, et seq., apud Schmidt, tom. iii.

p. 399.

147 Solus imperator faciem suam firmavit ut petram, (Burcard. de Excidio Mediolani, Script. Ital. tom. vi. p. 917.) This volume of Muratori contains the originals of the history of Frederic the First, which must be compared with due regard to the circumstances and prejudices of each German or Lombard writer.*

148 For the history of Frederic II. and the house of Swabia at Naples, see Giannone, Istoria Civile, tom. ii. 1. xiv.-xix.

Von Raumer has traced the fortunes of the Swabian house in one of the ablest historical works of modern times. He may be compared with

and the name was remembered 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 Cæsars. 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

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 military 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 ambition of their friends and favorites. But in the quarrel of the investitures, they were deprived of their influence over the episcopal chapters; the freedom of election was restored, and the sovereign was reduced, by a solemn mockery, to his first prayers, the recommendation, once in his reign, to a single prebend in each church. The secular governors, instead of being recalled at the will of a superior, could be degraded only by the sentence of their peers. In the first age of the monarchy, the appointment of the son to the duchy or county of his father, was solicited as a favor; it was gradually obtained as a custom, and extorted as a right: the lincal succession was often extended to the collateral or female branches; the states of the empire (their popular, and at length their legal, appellation) were divided and alienated by testament and sale; and all idea of a public trust was lost in that of a private and perpetual inheritance. The emperor could not even be enriched by the casualties of forfeiture and extinction within the term of a year, he was obliged to dispose of the vacant fief; and, in the choice of the candidate, it was his duty to consult either the general or the provincial diet.

After the death of Frederic the Second, Germany was left a monster with a hundred heads. A crowd of princes and prelates disputed the ruins of the empire: the lords of innumerable castles were less prone to obey, than to imitate, their superiors; and, according to the measure of their strength, their incessant hostilities received the names of conquest or robbery. Such anarchy was the inevitable consequence of the laws and manners of Europe; and the kingdoms of France and Italy were shivered into fragments by the violence of the same tempest. But the Italian cities and the French vassals were divided and destroyed, while the union of the Germans