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
In the _Institutes_ of the learned but uncritical Coke there are many
tales drawn from a curious Anglo-French treatise entitled the _Mirror
of Justices_, "a very ancient and learned treatise of the laws and
usages of this kingdom," opined Sir Edward, "whereby the Common-wealth
of our nation was governed about eleven hundred years past." For a long
time the book was accepted at Coke's high valuation with no little
injury to the sober study of legal antiquities. Then it was exposed as
apocryphal by Sir Francis Palgrave. It could not be taken as evidence
"concerning the early jurisprudence of Anglo-Saxon England." But could
it be taken as evidence of anything at all? _Wahrheit und Dichtung_
was Vinogradoff's verdict,--sediments of truth floating in a sea of
absurdity. It was worth while at least to establish the text and to
examine the credentials of a treatise which, like the pseudo-Ingulph,
had done much harm to sound learning.
One reassuring result was obtained from Mr Whittaker's critical enquiry
into the manuscript. The _Mirror_ was never in the middle ages a
popular or influential book. It existed in a single unique manuscript.
Such authority as it obtained was conferred upon it by lawyers who
lived some three hundred years after it was written, were "greedy
of old tales and not too critical of the source from which they were
derived." Still, in a book so full of concrete positive statement,
so full of denunciation of practical abuses, there might for all its
rubble of absurdity be a quarry for historians.
Public-domain text, read in full here on John Shaqi.
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