^6 EMPLOYMENT OF THE PLEBISCITE [344 



The deductions to be drawn from the case of the feudal 

 relations of Montpellier as presented by Molinier would 

 indicate that at least in the 14th century transfers of feudal 

 allegiance from one seigneur to another actually took place 

 without the previous solicitation of the consent of the con- 

 suls and notables of the fiefs concerned. They seem to 

 imply further that many more settlements, especially of 

 armed conflicts involving transfer of territories, were made 

 during those medieval feudal struggles without the consent 

 of the smaller vassals and that of the notables of the cities 

 and villages thus transferred. 



Soliere's affirmation "that in the 14th century and at 

 the beginning of the 15th century it is a rule, generally 

 enough admitted, that no annexation can be pronounced 

 without the assent of the people or of the notables " seems 

 to be untenable in its given form if we assume, as we 

 should, assent to mean voluntary choice and not inevitable 

 submission. It becomes tenable only if we limit the cases 

 of annexations to transfers by peaceful means excluding 

 those forced by conquest in consequence of the defeat of 

 the former holder. Nor need we hesitate to insist that his 

 identical affirmation for the 12th and 13th centuries are sub- 

 ject to the same qualification. 



The proposed cession of Guyenne to England in 1344 in- 

 volved the complete surrender of French soil to a foreign 

 potentate. Discussing the case, the cardinals meeting in 

 Avignon expressed themselves in effect as follows : 



It did not seem possible to them that the Duchy of Aquitania 

 could thus be separated from the crown of France and be assigned 

 to the King of England so that the latter would hold it free. 

 [libere] because even if the King of France were willing to give 

 his consent, the country [rcr/num] nevertheless would object nor 

 would it permit that the property of the crown be thus divided, 

 which from antiquity was together [ititcgra] ; nor would the people 

 \gcntcs] nor the community of the said duchy permit that such be 

 done, who did not wish to be subjected to one so much different 

 from themselves [qui nollent precise subjice (sic) altcri corum 

 tatitum].^'^ 



" Soliere, pp. 15-16. 



