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
The _Pleas of the Crown for the County of Gloucester_ which appeared
in 1884 with a dedication to Paul Vinogradoff is a slim and outwardly
insignificant volume; but it marks an epoch in the history of history.
"What is here transcribed," observes the editor, "is so much of the
record of the Gloucestershire eyre of 1221 as relates to pleas of
the Crown. Perhaps it may be welcome, not only to some students of
English law, but also (if such a distinction be maintainable) to some
students of English history. It is a picture, or rather, since little
imaginative art went to its making, a photograph of English life as
it was early in the thirteenth century, and a photograph taken from a
point of view at which chroniclers too seldom place themselves. What
is there visible in the foreground is crime, and crime of a vulgar
kind--murder and rape and robbery. This would be worth seeing even were
there no more to be seen, for crime is a fact of which history must
take note; but the political life of England is in a near background.
We have here, as it were, a section of the body politic which shows
just those most vital parts, of which, because they were deep-seated,
the soul politic was hardly conscious, the system of local government
and police, the organization of county, hundred, and township."
It was the publication of a new and fundamental type of authority
accomplished with affectionate and exquisite diligence by a scholar
who had a keen eye for the large issues as well as for the minutiæ
of the text. And it came at a timely moment. Sir James Fitzjames
Stephen's _History of Criminal Law_ had recently appeared and Maitland
has written of it in terms of genuine admiration; but remarkable as
those volumes undoubtedly were, miraculous even, if regard be paid to
the competing claims upon the author's powers, they did not pretend
to extend the boundaries of medieval knowledge. The task of making
discoveries in the field of English legal antiquity, of utilizing the
material which had been brought to light by the Record Commission
appeared to have devolved upon Germans and Americans. All the really
important books were foreign--Brunner's _Schwurgerichte_, Bigelow's
_Placita Anglo-Normannica_ and _History of Procedure in England_,
the _Harvard Essays on Anglo-Saxon Law_, Holmes' brilliant volume on
the _Common Law_. Of one great name indeed England could boast. Sir
Henry Maine's luminous and comprehensive genius had drawn from the
evidence of early law a number of brilliant and fascinating conclusions
respecting the life and development of primitive society, and had
applied an intellectual impulse which made itself felt in every branch
of serious historical enquiry. But the very seductions of Maine's
method, the breadth of treatment, the all-prevailing atmosphere of
nimble speculation, the copious use of analogy and comparison, the
finish and elasticity of the style were likely to lead to ambitious
and ill-founded imitations.
Public-domain text, read in full here on John Shaqi.
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