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
He first discovers the principles of classification in the printed
book; then turning to the manuscripts--and there are at least nineteen
in the Cambridge University Library, over all of which he has cast his
eye,--reports that no two manuscripts are alike, but that "gradually
by comparing many manuscripts we may be able to form some notion of
the order in which and the times at which the various writs became
recognised members of the _Corpus Brevium_." Tests are then laid down
by which the age of a Register may be determined, and finally we have
"a few remarks about the early history of the Register" which are
entirely original and of high importance. The two earliest manuscripts
are examined, the MS Register of 1227 in the British Museum with its
fifty-six writs, the MS Cambridge Register belonging likewise to the
early part of Henry III's reign with its fifty-eight writs; and means
are thus supplied for measuring the growth of law during the important
period--the period of the Great Charter--which had elapsed between
Glanvill's treatise and the third decade of the thirteenth century.
Then we are guided through the later and more voluminous manuscripts.
We are introduced to a Register with one hundred and twenty-one writs
from the middle of the thirteenth century, to an Edwardian Register
which contains four hundred and seventy-one writs; we see the writ
of trespass taking a permanent place in the _Corpus Brevium_ under
Edward II, we trace activity under Edward III and Richard II and
then a slackening. By the turn of the fourteenth century the "great
cathedral" is practically complete and the Register has assumed a form
not substantially different from that which was printed in the reign of
Henry VIII.
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