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
All scientific work is in a sense provisional, and _Domesday Book and
Beyond_ contains some theories which we believe that Maitland would
have subsequently revised. But whether it be regarded as a model of
acute and substantial investigation, or weighed by the mass of its
contributions to the permanent fabric of historical understanding
and knowledge, it will assuredly rank among the classical monographs
of historical science. Maitland did not profess to cover the whole
field of economic and social development. He approached the history of
the eleventh century mainly as a lawyer anxious to analyse the legal
conceptions of that age, and fully conscious of the extreme difficulty
and delicacy of his task. "The grown man," he remarks, "will find
it easier to think the thoughts of the schoolboy than to think the
thoughts of the baby. And yet the doctrine that our remote forefathers
being simple folk had simple law dies hard. Too often we allow
ourselves to suppose that, could we but get back to the beginning,
we should find that all was intelligible and should then be able to
watch the process whereby simple ideas were smothered under subtleties
and technicalities. But it is not so. Simplicity is the outcome of
technical subtlety; it is the goal not the starting-point. As we go
backwards the familiar outlines become blurred; the ideas become
fluid, and instead of the simple we find the indefinite.... We must
not be in a hurry to get to the beginning of the long history of law.
Very slowly we are making our way towards it. The history of law must
be a history of ideas. It must represent not merely what people have
done and said, but what men have thought in bygone ages. The task of
reconstructing ancient ideas is hazardous and can only be accomplished
little by little. In particular there lies a besetting danger for us in
the barbarian's use of a language which is too good for his thought.
Mistakes then are easy, and when committed they will be fatal and
fundamental mistakes. If for example we introduce the _persona ficta_
too soon, we shall be doing worse than if we armed Hengest and Horsa
with machine guns or pictured the Venerable Bede correcting proofs
for the press; we shall have built upon a crumbling foundation." The
main argument of the book was directed against the view that the
English manorial system was the outcome of the Roman villa. The English
language, the names of our English villages, were sufficient to rebut
the hypothesis that the bulk of the agricultural population was of
Celtic blood descended from the slaves or _coloni_ of Roman times.
Romanism would give no rational explanation of the state of things
revealed by the Domesday survey in the northern and eastern counties.
Nor would it explain seignorial justice. It was shown that at the time
of the survey England was still incompletely manorialised, that the
Domesday manors varied indefinitely in size and type, that some had
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account