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
Light gradually broke in from the labours of the specialist, from Eyton
and Hamilton and above all from Mr Horace Round, who, in two brilliant
papers composed for the Domesday Commemoration of 1888, cleared up
some of the crucial questions connected with Domesday measures and
Domesday finance. But perhaps the most exciting contribution proceeded
from a book which was neither the work of a professed specialist nor
yet a Domesday monograph. Mr Seebohm's _English Village Community_
appeared in 1876 and gave English readers for the first time a luminous
account of that system of medieval husbandry which the enclosures of
the eighteenth century did not entirely avail to obliterate[24]. Alike
in its methods and conclusions the _English Village Community_ was an
epoch-making book. Reversing the ordinary chronological procedure and
arguing from comparatively recent periods, where evidence is abundant,
past the cartularies and extents of the twelfth and thirteenth
centuries, past Domesday to the twilight of the Saxon land-books and
the darker regions beyond, Mr Seebohm arrived at the conclusion that
the English village community was the outgrowth of the Roman vill and
that whatever might have been the case in other regions of national
life there was no breach in the continuity of agrarian history. A
bold challenge was flung against the tradition accepted by a line
of distinguished scholars from Kemble and Von Maurer to Freeman and
Stubbs. The English village community was the offspring, not of a
community of Teuton freemen, but of a system moulded by the Latin
genius and rooted in slavery. The influence of Roman Britain was not
so insignificant after all, nor was the completeness of the Teutonic
Conquest so complete. In the most fundamental part of her economic and
social texture England was indebted not to Germany but to Rome. The
battle between the Germanists and the Romanists brought into clearer
relief the importance of Domesday studies. Questions of Domesday
nomenclature--the meaning for instance of the Domesday hide--acquired a
new relevance, and might turn the scale in grave issues. A large hide
of a hundred and twenty acres would naturally imply an early society
of free peasant proprietors, a small hide of thirty acres might, on
the contrary, be fitted into the Romanist hypothesis. Domesday was the
key to the position. Properly interpreted, it would not only explain
the influence of the Conquest, but throw light upon the Anglo-Saxon
land-system and the obscure problem of agrarian origins. Mr Round's
further contributions to the understanding of the Record, which were
published in _Feudal England_ in 1895, were recognised as having a
bearing upon the largest problems of English history.
Public-domain text, read in full here on John Shaqi.
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