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Rh put the Roman see almost, if not quite, into the position of a German bishopric. And Henry used the power placed in his hands. Whether the Romans would ever have revolted against Henry's choice we do not know, for his wisdom never put them to the test. But what worked well under Henry at a time when churchmen and statesmen had roughly the same practical aims, although maybe divergent theories, might not work well under a less high-minded ruler under whom Church and State had grown into divergent ideals.

Henry did not aim at imperial aggrandisement; he did not wish to lower the Papacy any more than he wished to conquer France. He was a lover not of power but of order, and order he meant to guard. Moreover he was a man of fact and actuality: he respected law, he respected custom: they must, however, be law and custom that had worked and would work well. He shewed this in his dealings with the Papacy: he shewed it in his dealings with the tribal duchies in Germany. When it is a case of giving a duke to Bavaria, although custom was absolutely on the side of Bavaria in electing its duke, he ignored custom and nominated. He flouted the Bavarian's right of election, not because he thought little of law and custom but because he was concerned with the practical enforcement of order. It was so too with abbots and monasteries; sometimes he allowed free election, sometimes he simply nominated. He was guided by the circumstances, and by the state of the monastery: he always aimed at a worthy choice but cared little how it came about, and corrupt monks were little likely to elect a reforming abbot.

In Germany with its tribal duchies he had no settled policy. A few months after Conrad's death Henry himself was Duke of Swabia, Bavaria and Carinthia, as well as king. He followed his father's policy in uniting the duchies with the Crown unless he saw good reason for the contrary. Hence he gave away one great duchy after another when it seemed good. He gave Bavaria to Henry of Luxemburg when it was threatened by Obo of Hungary; Swabia to the Lorrainer Otto when Godfrey was troubling the neighbouring Lorraine. And he did not fear to raise houses that might become rivals in the Empire if they served the present use. It was so with his patronage of Luxemburgers and of Babenbergs. And yet it must be confessed that Henry's dealings with the duchies were not happy. Bavaria and Carinthia he left largely hostile to the Crown. Lorraine was torn by rebellion because in the case of Godfrey Henry had misjudged his man. Personal genius was lacking, too, in his dealings with the border-land states, although with Bohemia and Hungary he could claim success. And in Burgundy, if anywhere, he did succeed.

Upon internal order he had set his heart. We recall his "Declarations of Indulgence" and the "peace undreamt of through the ages" which followed. Yet the peace was itself precarious, though his example was fruitfully followed afterwards; and Germany, breathing awhile more