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
"Twice in the history of England has an Englishman had the motive, the
courage, the power to write a great readable reasonable book about
English Law as a whole." The task which William Blackstone achieved in
the middle of the eighteenth century, Henry de Bratton, a judge of the
King's Court, accomplished in the reign of Henry III. His elaborate but
uncompleted treatise _De Legibus et Consuetudinibus Angliæ_, composed
in the period which lies between the legal reforms of Henry II. and
the great outburst of Edwardian legislation, while the Common law of
England was still plastic and baronage and people were claiming from
the King a stricter observance of the great Charter, is naturally
the most important single authority for our medieval legal history.
Though influenced by the categories and scientific spirit of Roman
Law, Henry de Bratton was essentially English, essentially practical.
His book was based upon the case law of his own age--_Et sciendum est
quod materia est facta et casus qui quotidie emergunt et eveniunt in
regno Angliæ_--and especially upon the plea-rolls of two contemporary
judges, Walter Raleigh and William Pateshull. An edition in six volumes
executed for the Rolls Series by Sir Travers Twiss had been completed
in 1883, the year before Maitland paid his first visit to the Record
Office and discovered the plea-rolls of the County of Gloucester; but
the text was faulty and far from creditable to English scholarship.
On July 19, 1884, Professor Vinogradoff, "who in a few weeks" wrote
Maitland, "learned, as it seems to me, more about Bracton's text than
any Englishman has known since Selden died," published a letter in the
_Athenæum_ drawing attention to a manuscript in the British Museum,
which contained "a careful and copious collection of cases" for the
first twenty-four years of Henry III., a collection valuable in any
case, since many of the rolls from which it was copied have long since
been lost, but deriving an additional and peculiar importance from the
probability that it was compiled for Bracton's use, annotated by his
own hand and employed as the groundwork of his treatise. Yet, even if
the connection with Bracton could not be established, a manuscript
containing no fewer than two thousand cases from the period between
1217 and 1240 was too precious a discovery to be neglected. Here was a
mass of first-hand material, valuable alike for the genealogist, the
lawyer, the student of social history:--glimpses of archaic usage,
of local custom, evidence of the spread of primogeniture, important
decisions affecting the status of the free man who held villein lands,
records of villein service, vivid little fragments of family story,
some of it tragic, some of it squalid, as well as passages of general
historical interest, entries concerning "the partition and therefore
the destruction of the Palatinate of Chester" or the reversal of the
outlawing of Hubert de Burgh the great justiciar who at one time "held
Public-domain text, read in full here on John Shaqi.
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