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
The greater portion of the book deals advisedly with a comparatively
limited period,--the age which lies between 1154 and 1272. "It is a
luminous age throwing light on both past and future. It is an age of
good books, the time of Glanvill and Richard FitzNeal, of Bracton and
Matthew Paris, an age whose wealth of cartularies, manorial surveys
and plea-rolls has of recent years been in part, though only in part,
laid open before us in print. Its law is more easily studied than the
law of a later time, when no lawyer wrote a treatise, and when the
judicial records had grown to so unwieldy a bulk that we can hardly
hope that much will ever be known about them. The Year Books--more
especially in their present disgraceful plight--- must be very dark to
us if we cannot go behind them and learn something about the growth
of those 'forms of action' which the fourteenth century inherited
as the framework of its law. And if the age of Glanvill and Bracton
throws light forward, it throws light backward also. Our one hope
of interpreting the _Leges Henrici_, that almost unique memorial of
the really feudal stage of legal history, our one hope of coercing
Domesday Book to deliver up its hoarded secrets, our one hope of making
an Anglo-Saxon land-book mean something definite, seems to lie in an
effort to understand the law of the Angevin time as though we ourselves
lived in it."
Perhaps the most distinct impression which the reader derives from
the study of Maitland's work in the _History_ is that he "seemed to
understand the law of the Angevin time as though he himself lived in
it." We feel that, if he had been going circuit with Walter Raleigh
or William Pateshull, his learned brethren would have had little
or nothing to tell him which he did not already know. The case law
of the twelfth and thirteenth centuries--so far as it has survived
in plea-rolls or chronicles or legal collections--was part of the
familiar furniture of his mind. He knew it all and enjoyed it all in
every one of its facets human and lawyerly. And with this he combined
a remarkable capacity for appreciating the general tone and colour
of legal thinking in that remote age. If the thinking was fluid and
indistinct, Maitland would not attempt to make it clearer or more
consistent than it really was. The vagueness would be analysed and
measured. The opaque thought would be exhibited in its fluctuating and
conflicting subconscious elements. We are always being reminded of that
wise saying in the Fellowship Dissertation, that English political
philosophy has suffered by overmuch simplicity.
Public-domain text, read in full here on John Shaqi.
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