Frederick William Maitland, Downing Professor of the Laws of England: A Biographical SketchFisher, H. A. L. (Herbert Albert Laurens)
History
Frederick William Maitland, Downing Professor of the Laws of England: A Biographical Sketch
Fisher, H. A. L. (Herbert Albert Laurens)
Maitland, Frederic William, 1850-1906
thought that they could write the history of medieval England without
the Year Books."
The Reports began in 1285, and from 1293 the stream was fairly
continuous. "This surely is a memorable event. When duly considered
it appears as one of the great events in English History. To-day men
are reporting at Edinburgh and Dublin, at Boston and San Francisco, at
Quebec and Sydney and Cape Town, at Calcutta and Madras. Their pedigree
is unbroken and indisputable. It goes back to some nameless lawyers
at Westminster to whom a happy thought had come. What they desired
was not a copy of the chilly record, cut and dried, with its concrete
particulars concealing the point of law: the record overladen with the
uninteresting names of litigants and oblivious of the interesting names
of sages, of justices, of sergeants. What they desired was the debate
with the life-blood in it, the twists and turns of advocacy, the quip
courteous and the countercheck quarrelsome. They wanted to remember
what really fell from Bereford, C. J., his proverbs, his sarcasms: how
he emphasised a rule of law by _Noun Dieu_ or _Par Seint Piere_! They
wanted to remember how a clever move of Sergeant Herle drove Sergeant
Toudeby into an awkward corner, or how Sergeant Passeley invented a new
variation on an old defence: and should such a man's name die if the
name of Ruy López is to live?"
Maitland lived to complete three volumes of the Year Books. The French
was printed on one side of the page, a translation executed in terse
and faithful English on the other. Those who were familiar with the
work of the Literary Director of the Selden Society had no cause for
surprise at the exquisite finish of the editing. They were prepared
for an elaborate _apparatus criticus_, for a careful account of the
manuscripts, and for such notes as might be requisite to explain
allusions and to elucidate obscurities. The great discovery, that
the Reports were not official records but the private note books of
law students, was so entirely in Maitland's happy and characteristic
vein, that, although no one else had earned the title to make it,
it was quite natural that it should be made by him. But there was
one feature in the Introduction to the first volume which startled
even his admirers. The editor took occasion to settle the grammar
and syntax of the Anglo-French language, its nouns and its verbs,
its declensions and its tenses. His friends had known him as lawyer,
historian, diplomatist, paleographer, and no exhibition of excellence
in any one of these departments would have afforded them the slightest
sensation of novelty; but they had not divined in him the philologist
and grammarian.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account