MAINE, SIR HENRY JAMES SUMNER (1822-1888), English comparative jurist
and historian, son of Dr James Maine, of Kelso, Roxburghshire, was born
on the 15th of August 1822. He was at school at Christ's Hospital, and
thence went up to Pembroke College, Cambridge, in 1840. At Cambridge he
was one of the most brilliant classical scholars of his time. He won a
Craven scholarship and graduated as senior classic in 1844, being also
senior chancellor's medallist in classics. Shortly afterwards he
accepted a tutorship at Trinity Hall. In 1847 he was appointed regius
professor of civil law, and he was called to the bar three years later;
he held this chair till 1854. Even the rudiments of Roman law were not
then included in the ordinary training of English lawyers; it was
assumed at the universities that any good Latin scholar could qualify
himself at short notice for keeping up such tradition of civilian
studies as survived. Maine cannot have known much Roman law in 1847,
but in 1856 he contributed to the _Cambridge Essays_ the essay on Roman
law and legal education, republished in the later editions of _Village
Communities_, which was the first characteristic evidence of his genius.
Meanwhile he had become one of the readers appointed by the Inns of
Court, in the first of their many half-hearted attempts at legal
education, in 1852. Lectures delivered by Maine in this capacity were
the groundwork of _Ancient Law_ (1861), the book by which his reputation
was made at one stroke. Its object, as modestly stated in the preface,
was "to indicate some of the earliest ideas of mankind, as they are
reflected in ancient law, and to point out the relation of those ideas
to modern thought." Within a year of its publication the post of legal
member of council in India was offered to Maine, then a junior member of
the bar with little practice, few advantages of connexion, and no
political or official claims. He declined once, on grounds of health;
the very next year the office was again vacant. This time Maine was
persuaded to accept, not that his health had improved, but that he
thought India might not make it much worse. It turned out that India
suited him much better than Cambridge or London. His work, like most of
the work done by Englishmen in India in time of peace, was not of a
showy kind--its value is shown by the fact that he was asked to prolong
his services beyond the regular term of five years, and returned to
England only in 1869. The subjects on which it was his duty to advise
the government of India were as much political as legal. They ranged
from such problems as the land settlement of the Punjab, or the
introduction of civil marriage to provide for the needs of unorthodox
Hindus, to the question how far the study of Persian should be required
or encouraged among European civil servants. On the civil marriage
question in particular, and some years earlier on the still more
troublesome one of allowing the remarriage of native converts to
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