Frederick William Maitland, Downing Professor of the Laws of England: A Biographical SketchFisher, H. A. L. (Herbert Albert Laurens)
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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 a brilliant piece of persiflage Maitland once and for all demolishes
the author of the _Mirror_. He exposes his wilful lies, his unctuous
piety, the perverse originality which amuses itself by playing havoc
among technical terms, his absence of all lawyerly interest, his
perplexing and fantastic inconsistencies. A most ingenious hypothesis
is advanced to explain the source of this curious piece of apocryphal
literature. "In order to discover the date of its composition we ask
what statutes are, and what are not, noticed in it, and we are thus
led to the years between 1285 and 1290. Then we see that its main and
ever-recurring theme is a denunciation of 'false judges,' and we call
to mind the shameful events of 1289. The truth was bad enough; no doubt
it was made far worse by suspicions and rumours. Wherever English men
met they were talking of 'false judges' and the punishment that awaited
them. All confidence in the official oracles of the law had vanished.
Any man's word about the law might be believed if he spoke in the tones
of a prophet or apostle. Was not there an opening here for a fanciful
young man ambitious of literary fame? Was not this an occasion for a
squib, a skit, a topical medley, a 'variety entertainment,' blended
of truth and falsehood, in which Bracton's staid jurisprudence should
be mingled with freaks and crotchets and myths and marvels, and
decorated with queer tags of out-of-the-way learning picked up in the
consistories?" No doubt, as Maitland admitted, this was guess-work;
the certainty was that no statement not elsewhere warranted could be
accepted from the _Mirror_ unless we were prepared to believe "that an
Englishman called Nolling was indicted for a sacrifice to Mahomet."
FOOTNOTES:
[18] "Frederick William Maitland," by B. F. L., _Solicitor's Journal_,
Jan. 5, 1907. See also _The Year Books of Edward II_ (Selden Society),
vol. iv., Preface.
[19] I.e. as Domesmen.
V.
Public-domain text, read in full here on John Shaqi.
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