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 kingdom of England in his hand."
The Note Book was edited by Maitland in three substantial volumes and
with the lavish care of an enthusiast. An elaborate argument, all
the more cogent because it is not overstrained, raised Vinogradoff's
hypothesis to the level of practical certainty. "The treatise is
absolutely unique; the Note Book so far as we know is unique; these two
unique books seem to have been put together within a very few years
of each other, while yet the Statute of Merton was _nova gracia_;
Bracton's choice of authorities is peculiar, distinctive; the compiler
of the Note Book made a very similar choice; he had, for instance,
just six consecutive rolls of pleas _coram rege_; Bracton had just the
same six; two-fifths of Bracton's five hundred cases are in this book;
every tenth case in this book is cited by Bracton; some of Bracton's
most out of the way arguments are found in the margin of this book ...
the same phrases appear in the same contexts.... Corbyn's case, Ralph
Arundell's case are 'noted up' in the Note Book; they are 'noted up'
also in the Digby MS of the treatise; with hardly an exception all the
cases thus 'noted up' seem plainly to belong to Bracton's county....
Lastly we find a strangely intimate agreement in error; the history of
the ordinance about special bastardy and the 'Nolumus' of Merton is
confused and perverted in the two books. Must we not say then that,
until evidence be produced on the other side, Bracton is entitled to
a judgment, a possessory judgment?" The penultimate argument in the
pleading was characteristic of Maitland's ingenuity and also of a
favourite pastime. He describes an imaginary walking tour through Devon
and Cornwall and points out that ten cases noted up in the margin of
the Note Book refer to persons and places which must have been well
known to Bracton. "Many questions are solved by walking. _Beati omnes
qui ambulant._"
Public-domain text, read in full here on John Shaqi.
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