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
"It has generally been apprehended," writes Reeves in the Preface to
the First Edition of the _History of English Law_ (1783), "that much
light might be thrown on our statutes by the civil history of the times
in which they were made; but it will be found on enquiry that these
expectations are rarely satisfied." It would be difficult to find in
a single sentence a more complete measure of the gulf which separates
Pollock and Maitland's _History of English Law_ from the book which
it supplanted. Reeves wrote in an unhistorical age and with imperfect
materials. "Let us think," wrote Maitland, "what Reeves had at his
disposal, what we have at our disposal. He had the Statute Book, the
Year Books in a bad and clumsy edition, the old text-books in bad
and clumsy editions. He made no use of Domesday Book; he had not the
_Placitorum Abbreviatio_ nor Palgrave's _Rotuli Curiæ Regis_; he had
no Parliament rolls, Pipe, Patent, Close, Fine, Hundred Rolls, no
proceedings of the King's Council, no early Chancery proceedings, not
a cartulary, not a manorial extent nor a manorial roll; he had not
Nichol's _Britton_, nor Pike's nor Harwood's _Year Books_, nor Stubbs'
_Select Charters_, nor Bigelow's _Placita Anglo-Normannica_; he had no
collection of Anglo-Saxon land-books, only a very faulty collection
of Anglo-Saxon dooms, while the early history of law in Normandy was
utter darkness." And in addition to this he did not believe that the
general history of a people could throw illumination upon its law. It
is a sufficient commentary upon such a view to read Maitland's opening
paragraph upon the Norman Conquest.
The state of English law in the twelfth century cannot be explained
unless we look beyond the strict legal sphere. Explanations which
seemed adequate even to the great Stubbs--the action of race upon
race, the fusion of law with law, the analogy of a river formed by
two streams, of a chemical compound formed of two elements--do not
satisfy Maitland. The process was far more complex. It was affected by
influences which had nothing whatever to do with the law of Normandy
or with the law of England before the Conquest, by the rebellion of
the Norman feudatories, by the characters of certain great men, by
the strong political centralization, even by so accidental a fact as
that the Conqueror had three sons instead of one. Economic, political,
personal forces must all be reckoned up in the account.
Public-domain text, read in full here on John Shaqi.
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