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
In answer to surprised congratulations, he said, with the quick sparkle
of humour which his friends knew so well, that he would go down to
posterity as the author of "Maitland's law"; he had discovered that
such few Anglo-French verbs as possessed "an imperfect on active
service" rarely employed their preterites. The experts in medieval
French have applauded the work, and the editors of the _Cambridge
History of English Literature_ have thought good to reprint it. In
the course of a winter spent under a blue sky Maitland had made a
really important contribution to medieval philology. And yet, far as
he carried his investigations into the forms, the structure, and the
orthography of the language which he found in his manuscripts of the
fourteenth century, philology was not the primary object of his quest.
He wished to edit his text as well as it was capable of being edited,
and to provide guidance for those who should take up the work when he
was no longer there to direct it. The French text of the Year Books was
full of abbreviations which could not be expanded unless the forms of
the language were accurately ascertained. Maitland therefore applied
himself to learn whatever might be learned about them. The work was
pioneer work, very minute and laborious, but for Maitland a labour of
love. The men who wrote this forgotten and unexplored language were
often clumsy and careless scribes. Their spelling was full of vagaries;
there was no word so short but that they would spell it in several
ways; through neglect of the "e" feminine they lost not entirely but
very largely their sense of gender; they would murder the infinitive;
they coined strange terminations out of misunderstood contractions;
but they were using a living tongue to describe law that was alive;
and if in some ways a fine language degenerated in the current usage
of the English Courts, healthy processes were at work determining the
use of words, processes which it was worth while to watch with some
narrowness, for if thought fashions language, language in turn reacts
upon thought.
Public-domain text, read in full here on John Shaqi.
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