Frederick William Maitland, Downing Professor of the Laws of England: A Biographical Sketch — John Shaqi
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
A saying used to be attributed to E. A. Freeman to the effect that it
is impossible to write history from manuscripts; and it is obvious that
a man who uses manuscript authority to any great extent, especially if
he imposes upon himself great labours of transcription, will run the
risk of losing his perspective and will be inclined to attach undue
importance to those parts of his evidence which have cost him most
sacrifice to obtain. On the other hand it is clear that the editor
of historical manuscripts will do his work much better if he is also
an historian; and this is specially true if he is called upon to
pick and choose out of a vast repository of unedited material those
specimens which are most likely to promote the advance of scientific
knowledge. Maitland brought to the task of editing legal records an
exact and comprehensive knowledge of the various problems, each in its
proper order of importance, towards the solution of which his material
might be expected to contribute. Like a skilful advocate examining
a string of reluctant witnesses he had in his mind a provisional
scheme of the whole transaction to quicken and define his curiosity.
"These rolls," he writes, "are taciturn, they do not easily yield up
their testimony, but must be examined and cross-examined." It was a
close, seductive, patient cross-examination, one in which a little
matter would often suggest an important conclusion, as where it is
shown that the rapid development of the Common law in the thirteenth
century is mirrored on the surface of the plea-rolls, which become
fuller, more regular and more mechanical as the century goes on. And
this cross-examination being conducted with great subtlety, vividness
and penetration resulted in substantial discoveries. Each volume
contributed new thought as well as new facts. The preface to _Select
Pleas of the Crown_ traced the gradual differentiation of the several
branches of the Royal Court in the early part of the thirteenth century
and embodied valuable conclusions "drawn from a superficial perusal
of all the rolls of John's reign" as to the state of criminal justice
and criminal procedure at that epoch. The Introduction to the _Select
Pleas of Manorial Courts_ was even more important, giving as it did for
the first time an account of the stages in the decline of the English
private courts and supplying an analysis, subtler than any which had
yet been attempted, of the legal connotation of the term "manerium"
and of the composition of the manorial courts. One suggestion was
startling in its originality. The orthodox theory, contained in the
works of Coke, had laid it down that a Court Baron could not be
held without at least two freeholders. Maitland came upon the whole
to the conclusion--though he is careful to state countervailing
arguments--that originally no distinction was made between the
freeholders and customary tenants. Both classes attended the Manorial
Court and both classes gave judgment.
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