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
In the matter of early English land-holding Maitland put the
individualist case with great cogency. While admitting co-operation
he did not find decisive evidence of common ownership either in town
or country. The village community was not a body that could declare
the law of the tribe or nation. It had no court, no jurisdiction. If
moots were held in it, these would be comparable rather to meetings
of shareholders than to sessions of a tribunal. In short, the
village landowners formed a group of men whose economic affairs were
inextricably intermixed; but this was almost the only principle that
made them a unit, unless and until the state began to use the township
as its organ for the maintenance of the peace and the collection of
the taxes. That is the reason why we read little of the township
in our Anglo-Saxon dooms. Even in the German community there was a
solid core of individualism! It is possible that Maitland overrated
the "automatic" character of early agrarian life; that he argued too
much from the silence of the dooms, that his principal tests were too
predominantly legal; and that more may be said for the older theory
than he was able at that time to discover in _Domesday Book and
Beyond_. But the considerations which he submitted were substantial
considerations, and in any picture which is drawn of the early state of
land-holding in this country room will have to be made for a measure of
individualism, if not equal to that which Maitland claimed, greater at
least than the earlier theory had admitted.
FOOTNOTES:
[24] The leading characteristics of the system had been pointed out as
early as 1821 by the Danish scholar, O. C. Olufsen, and received much
further illustration from the labours of Georg Hanssen of Göttingen,
whose papers [collected in 1880-4 under the title _Agrarhistorische
Abhandlungen_] date back to 1835.
VIII.
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