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
Maitland's contribution to parliamentary history consisted in the
editing of the _Parliament Roll_ for 1305. Of the vivid and picturesque
interest of the petitions printed in that volume much might be written,
for nowhere else can we gain so full and comprehensive a notion of
the miscellaneous transactions and aspirations which came under the
purview of a Parliament in the very early stages of its existence. But
apart from this the volume is important as furnishing a closer and
more accurate view of the evolution of parliament than had previously
been obtainable. All readers of Stubbs' _Constitutional History_
are familiar with "the model Parliament of 1295." We are accustomed
to think of that date as marking an epoch at which government by a
Parliament of Three Estates is definitely secured, and as, in a certain
sense, the close of the formative period of parliamentary institutions.
It is true that Parliament is not yet divided into Lords and Commons,
and that procedure by Bill is in the distant future. Still we have been
wont to regard a Parliament as being throughout the fourteenth century
a definite well-recognised institution, distinct from the King's
Council and implying the presence of representatives from shire and
borough. Maitland's preface to the _Memoranda de Parliamento_ showed
that such an impression should be modified. Ten years after the Model
Parliament practice and nomenclature were still fluid. There was no
distinction between Parliament and Council; the word _Parliamentum_ is
never found in the nominative; any solemn session of the Kings Council
might be termed a Parliament. The business too, transacted at these
great inquests, was for the most part administrative and judicial,
conducted through the examination and endorsement of petitions. At
the beginning of the fourteenth century, despite the exploits of the
English Justinian, we were still far from a legislature composed of the
Three Estates.
Meanwhile, in a profusion of articles, Maitland was correcting old
mistakes and throwing out pregnant suggestions in many departments of
legal theory. The principal ideas which are to be found not only in
his work upon the _History of Law_ but in his subsequent speculations
on Corporateness and Communalism were already in his mind during the
early days of work at Downing. In his lectures on Constitutional
History, delivered in 1888, he gave a description of English medieval
land-tenure which substantially corresponds to the more complete
exposition of the _History_ in 1895, and had already hit upon that
comparison between the course of feudal land-law in England and
Germany, which runs, a brilliant shaft of illumination, through his
whole treatment of the subject. In Bracton's explanation that the
rector of a parish church is debarred from a writ of right his keen eye
had detected, as early as 1891, "the nascent law about corporations
aggregate and corporations sole."
Public-domain text, read in full here on John Shaqi.
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