Page:English Historical Review Volume 35.djvu/626

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618 SHORT NOTICES October be subject to the lay government of the state, and that the Roman see ought not to have coercive jurisdiction. Mr. Emerton's contention that Marsiliiis's term 'pars valentior' means merely a numerical majority is negatived by the correct text as found in the manuscripts. This is not Mr, Emerton's fault, as he works from the incorrect printed text only, but it is surprising that in his biographical account he should say (p. 19) that Marsilius disappears from sight after 1328, in view of Dr. Sullivan's discovery ^ of his later work the Defensor Pads Minor, written in the interest of Lewis the Bavarian in 1342. In his historical setting Mr. Emerton is not always accurate. When he speaks of the Spiritual Franciscans as ' a class of persons as little likely as any to be accused of unorthodoxy ', and of John XXII as throwing 'himself from the first with hearty support on the side of Austria', he is distinctly misleading. The passages in translation are not impeccable. In ii. 23, ' This (i. e. the plurality of governments in a state owing to the immunity of the clergy) is the root and origin of the pestilent condition of the Regnum Italicum ', becomes (p. 61), * The realm of Italy is the root and origin of this pestilent condition ', to the confusion of Marsilius's argument. C. W. P. 0. A number of articles by tlje late Comte Maurice de Pange have been collected in Les Lorrains et la France au Moyen-Age (Paris : Champion, 1919). With the exception of a study upon Gautier d'Jlpinal, the twelfth- century poet, they are reprinted here from previous publications. The paper entitled ' Le patriotisme frangais en Lorraine anterieurement a Jeanne d'Arc ', which was first printed in 1889, is of most general interest. The author was a patriotic Lorrainer who traced the loyalty of his coimtry to France to the existence of common sympathies and culture ; he is hot against those who regard Lorraine as the willing captive of French influence ; and he is hottest against the men of Champagne who acquiesced in English rule while the Lorrainer Jeanne d'Arc was restoring the French monarchy. The most useful paper in the volume is the study of the feudal relations in which Domremy, Jeanne's home, was involved. This is a valuable study upon the legal results of changes in medieval frontiers. Much of the argument in the book can now be found, stated with greater precision and a finer sense of proportion, in the writings of M. Parisot, M. Maiurice Wilmotte, and others. The editor, in his introduc- tion, dated June 1914, surveys recent literature upon the difference between French and German traditions with somewhat excessive facility and assurance. For example, he accepts much too lightly the view expounded by Edmund Stengel in his thesis. Den Kaiser macht das Heer (Weimar, 1910). Stengel's interpretation of the constitutional basis of the German monarchy is by no means generally accepted. In medieval, as in modern times, German as well as French patriots of an academic or legal frame of mind liked to insist upon the Carolingian or ' legitimist ' origin of the monarchy. The volume includes several documents, among which the customs and ordinances of the county of Bar (October 1255) should be noted. The texts are not very carefully printed. F. M. P. » Ante, vol. xx, 1905, pp. 300 ff.