Background
Frederic William Maitland was born on May 28, 1850, in London, the son of John Gorham and Emma Daniell Maitland.
(2014 Reprint of 1959 Edition. Full facsimile of the origi...)
2014 Reprint of 1959 Edition. Full facsimile of the original edition, not reproduced with Optical Recognition Software. One of the most important scholars of the history of political ideas, Von Gierke was professor of law at the University of Berlin, of Breslau and of Heidelberg, and produced monumental studies in the interpretations of legal history. In the present volume, Gierke gives his sharply authoritative treatment of the basic political tenets up to the Renaissance. This classic work is still considered one of the seminal texts in the historiography of political thought. Famed, inter alia, for the elegance and lucidity of Maitland's own expository introduction, "Political Theories of the Middle Age" is concerned in essence with the medieval development of the doctrine of State and Corporation - a concept which, as Maitland indicates, has been prone to misunderstanding by English minds versed in the tradition of the common law. Gierke identifies the peculiar characteristic of medieval political thought as its vision of the universe as one articulated whole, and every being, whether a joint-being (community) or a single-being - as both a part and a whole: his text examines the potentially revolutionary effect upon this of certain crucial intellectual intrusions, derived in part from Roman Law, described by Gierke as 'ancient-modern.'
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(The forms of action are a part of the structure upon whic...)
The forms of action are a part of the structure upon which rests the whole common law of England and, though we may have buried them, they still, as Maitland says, rule us from their graves. The following extract is taken from the editors' preface: 'The evasion of the burden of archaic procedure and of such barbaric tests of truth as battle, ordeal and wager of law, by the development of new forms and new law out of criminal or quasi criminal procedure and the inquest of neighbour-witnesses has never been described with this truth and clearness. He makes plain a great chapter of legal history which the learners and even the lawyers of today have almost abandoned in despair. The text of the chief writs is given after the lectures ...'
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(History of English Law before the Time of Edward I. which...)
History of English Law before the Time of Edward I. which was published by Sir Frederick Pollock and me in the year 1895. Divers reasons dictated a change of plan. Of one only need I speak. I knew that Mr Round was on the eve of giving to the world his Feudal England, and that thereby he would teach me and others many new lessons about the scheme and meaning of Domesday Book. That I was well advised in waiting will be evident to everyone who has studied his work. In its light ZI have suppressed, corrected, added much. The delay has also 5enabled me to profit by Dr Meitzen s Siedelung und Agrarwesen der Germanen, a book which will assuredly leave a deep mark upon all our theories of old English history. The title under which I here collect my three Essays is chosen for the purpose of indicating that I have followed that retrogressive method from the known to the unknown, of which Mr Seebohm is the apostle. Domesday Book appears to me, not indeed as the known, but as the knowable. The Beyond is still very dark: but the way to it lies through the Norman record. A result is given to us: the problem is to find cause and process. That in some sort I have been endeavouring to answer Mr Seebohm, I can not conceal from myself or from others. A hearty admiration of his English Siedelung and A grarwesen der Westgermanen und Ostgermanen, der Eelten, Bomer, Finnen und Slawen, von August Meitzen, Berlin, (Typographical errors above are due to OCR software and don't occur in the book.) About the Publisher Forgotten Books is a publisher of historical writings, such as: Philosophy, Classics, Science, Religion, History, Folklore and Mythology. Forgotten Books' Classic Reprint Series utilizes the latest technology to regenerate facsimiles of historically important writings. Careful attention has been made to accurately preserve the original format of each page whilst digitally enhancing the aged text
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( First published in 1895, Sir Frederick Pollock and Fred...)
First published in 1895, Sir Frederick Pollock and Frederic William Maitland's legal classic The History of English Law before the Time of Edward I expanded the work of Sir Edward Coke and William Blackstone by exploring the origins of key aspects of English common law and society and with them the development of individual rights as these were gradually carved out from the authority of the Crown and the Church. Although it has been more than a century since its initial publication, Pollock and Maitland's work is still considered an accessible and useful foundational reference for scholars of medieval English law. Volume one begins with an examination of Anglo-Saxon law, goes on to consider the changes in law introduced by the Normans, then moves to the twelfth-century "Age of Glanvill," with the first great compilation of English laws and customs, followed by the thirteenth-century "Age of Bracton," author of another major treatise on the same subject. Volume two takes up different areas of English law topic by topic, or as its authors labeled it, "The Doctrines of English Law in the Early Middle Ages." They consider land tenure, marriage and wardship, fealty, the ranks of men both free and unfree, aliens, Jews, excommunicates, women, and the churches and the King, before turning to the various jurisdictions of that decentralized era. The History of English law before the Time of Edward I helps readers explore the origins of English legal exceptionalism and through the English tradition the basis of the law of America, Canada, Australia, and other nations. This work is of interest to legal scholars, historians of the Middle Ages, political scientists, political philosophers, and all those interested in Anglo-Saxon law and early law and society. Sir Frederick Pollock (18451937) was educated at Eton before going to Trinity College, Cambridge. He was admitted to the bar in 1871 and to the Privy Council in 1911. He taught at the University of Oxford from 1883 to 1903. Pollock wrote The Law of Torts and The Principles of Contract and served as editor of the Law Quarterly Review and editor-in-chief of the Law Reports, the volumes in which decisions of the English courts were published. Later he was made a judge of the admiralty court of the Cinque Ports. Frederic William Maitland (18501906) was an English jurist and historian who, like Pollock, attended Eton and then Trinity College, Cambridge. Maitland began publishing legal history in 1884 and four years later he was elected to the Downing Chair of the Laws of England. He founded the Selden Society in 1886 and served as its general editor.
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('Constitutional history should, to my mind, be a history ...)
'Constitutional history should, to my mind, be a history not of parties but of institutions, not of struggles but of results ...' F. W. Maitland's remarkable course of lectures provides the basic framework of English constitutional history in a brief, but original, scholarly and very readable form. His method is to take five crucial periods and to present in each a panoramic view of the processes of law and government; his attention is always fixed on the constitution as a growing fabric, as something devised and employed by live human beings. And in this work, as in all he subsequently wrote, Maitland shows a rare combination of high speculative power with exact knowledge of detail.
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(The Note Book contains notes on some 2000 cases from the ...)
The Note Book contains notes on some 2000 cases from the old plea rolls of the thirteenth century and in Bracton's great treatise, Laws and Customs of England, he refers to these cases in much the same way we do in legal writing today. It has been said that by using cases in this manner Bracton started the common law system of precedent. Maitland's introduction to this set is a rich source of information on the history and times of the period.
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Frederic William Maitland was born on May 28, 1850, in London, the son of John Gorham and Emma Daniell Maitland.
Maitland was educated at Eton and Trinity, Cambridge, being bracketed at the head of the moral sciences tripos of 1872, and winning a Whewell scholarship for international law.
He held honorary doctorates from the universities of Cambridge, Oxford, Glasgow, Moscow and Cracow.
He was called to the bar (Lincoln's Inn) in 1876, and made himself a thoroughly competent equity lawyer and conveyance, but finally devoted himself to comparative jurisprudence and especially the history of English law. In 1884 he was appointed reader in English law at Cambridge, and in 1888 became Downing professor of the laws of England. Though handicapped in his later years by delicate health, his intellectual grasp and wide knowledge and research gradually made him famous as a jurist and historian. He edited numerous volumes for the Selden Society, including Select Pleas for the Crown, 1200–1225, Select Pleas in Manorial Courts and The Court Baron; and among his principal works were Gloucester Pleas (1884), Justice and Police (1885), Braeton's Note-Book (1887), History of English Law (with Sir F. Pollock, 1895; new ed. 1898), Domesday Book and Beyond (1897), Township and Borough (1898), Canon Law in England (1898), English Law and the Renaissance (1901), the Life of Leslie Stephen (1906), besides important contributions to the Cambridge Modern History, the English Historical Review, the Law Quarterly Review, Harvard Law Review and other publications. His writings are marked by vigour and vitality of style, as well as by the highest qualities of the historian who recreates the past from the original sources.
Frederic William Maitland died on December 19, 1906, at Gran Canaria, from tuberculosis and is buried in the English Cemetery in Las Palmas.
( First published in 1895, Sir Frederick Pollock and Fred...)
(The Note Book contains notes on some 2000 cases from the ...)
(The forms of action are a part of the structure upon whic...)
('Constitutional history should, to my mind, be a history ...)
("The Corporation Sole" from Frederic William Maitland. En...)
(History of English Law before the Time of Edward I. which...)
(2014 Reprint of 1959 Edition. Full facsimile of the origi...)
(European History)
Quotations:
"We should always be aware that what now lies in the past once lay in the future. "
"The essential matter of history is not what happened but what people thought or said about it. "
Frederic William Maitland was a member of the British Academy, an honorary member of Trinity College, Cambridge.
In 1886, Frederic William Maitland married Florence Henrietta Fisher. They had two daughters, Ermengard and Fredegond.