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 appearance of the Note Book showed that Cambridge possessed a
scholar who could edit a big medieval text with as sure a touch as
Stubbs, and the book received a warm welcome from those who were
entitled to judge of its merits. It had been a costly book to prepare
and it was brought out at Maitland's own charges. In the introduction
he took occasion to point out that in other countries important
national records were apt to be published by national enterprise; and
that in England the wealth of unpublished records was exceptional. "We
have been embarrassed by our riches, our untold riches. The nation put
its hand to the work and turned back faint-hearted. Foreigners print
their records; we, it must be supposed, have too many records to be
worth printing; so there they lie, these invaluable materials for the
history of the English people, unread, unknown, almost untouched save
by the makers of pedigrees." As an advertisement of these unknown
treasures no more fortunate selection could have been made than this
manuscript note book which could with so high a degree of probability
be associated with the famous name of Bracton. But Maitland was not
content with urging that the publication of our unknown legal records
should not be left to depend upon the chance enthusiasm of isolated
scholars; he demanded, as things necessary to the progress of his
subject, a sound text of Bracton's treatise and a history of English
Law from the thirteenth century.
In 1888 there was by reason of the death of Dr Birkbeck a vacancy
in the Downing Chair of the Laws of England. Maitland stood and was
elected. His Inaugural Lecture delivered in the Arts School on 13th
October, 1888, was entitled, "Why the History of Law is not written."
The reason was not a lack of material; on the contrary England
possessed a series of records which "for continuity, catholicity,
minute detail and authoritative value has--I believe that we may safely
say it--no equal, no rival in the world," nor yet the difficulty
of treating the material, for owing to the early centralization of
justice, English history possessed a wonderful unity. Rather it was
"the traditional isolation of English Law from every other study"
and the fact that practising lawyers are required to know a little
medieval law not as it was in the middle ages, but as interpreted by
modern courts to suit modern facts. "A mixture of legal dogma and
legal history is in general an unsatisfactory compound. I do not say
that there are not judgments and text books which have achieved the
difficult task of combining the results of deep historical research
with luminous and accurate exposition of existing law--neither
confounding the dogma nor perverting the history; but the task is
difficult. The lawyer must be orthodox otherwise he is no lawyer; an
orthodox history seems to me a contradiction in terms. If this truth is
hidden from us by current phrases about 'historical methods of legal
Public-domain text, read in full here on John Shaqi.
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