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
"Bracton and Azo" did more than define the "Romanesque" quality of
the great treatise; it was a brilliant contribution to the scholarly
edition of the future. The best manuscript (_Bodl. Digby 222_) was
minutely described, four others carefully collated, and fifteen in all
examined. One of the features of the Digby manuscript, which, though
not a perfect copy of the autograph, appeared to Maitland on many
grounds to be the best approach to the autograph to which research had
attained, was the presence of a large mass of additional matter written
in the margins. Now these marginalia were not glosses but additions
to the text and additions possessing a peculiar value from the fact
that they came from Bracton himself. "If the annotator was not Bracton
he had just Bracton's interests and just Bracton's style." In later
manuscripts some or all of this supplementary matter is received into
the text but "too often at inappropriate places." Accordingly the
future editor of the Treatise will be obliged to pay special heed to
these "addiciones"; and, to smooth a path which will be none too easy,
Maitland made a list of more than a hundred and fifty passages in the
printed text of 1869 which in the Digby manuscript stand in the margin.
Such labour occupying but a few pages of Appendix looks but a small
thing on paper, and is too technical to interest the general reader:
but scholars will measure the devotion which it implies; and the future
edition of the _De Legibus_ will be based on the results of Maitland's
unsparing toil among the Bracton manuscripts in London and Oxford,
Cheltenham and Eton.
FOOTNOTES:
[23] Maitland was probably drawn too far on the path of scepticism. See
Vinogradoff, _Growth of the Manor_, pp. 135-40, and Brunner, _Deutsche
Rechtsgeschichte_, 2nd ed., vol. 1., pp. 110 ff.
VII.
In the summer vacation of 1895 Maitland wrote as follows to his friend,
Mr R. L. Poole, the editor of the _English Historical Review_:
Public-domain text, read in full here on John Shaqi.
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