Background
Frederic William Maitland was born on May 28, 1850, in London, United Kingdom. He was the only son of John Gorham Maitland and of Emma, daughter of John Frederic Daniell. His grandfather was Samuel Roffey Maitland.
(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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(Excerpt from Roman Canon Law in the Church of England Six...)
Excerpt from Roman Canon Law in the Church of England Six Essays When in co operation with Sir Frederick Pollock I was at work upon certain chapters in a History of English Law and in particular a chapter on marriage I found that on pain of leaving the book shamefully incomplete I was compelled to make an incursion into a region that was unfamiliar to me namely that of ecclesiastical jurisprudence After some study which must not be called prolonged or profound but none the less was unprejudiced I discovered that I was slowly coming to results which though they have not wanted for advocates have not been generally accepted in this country by those whose opinions are the weightiest and have recently been rejected by the report of a Royal Commission signed by twenty three illustrious names To be brief I found myself attributing to the Roman Canon Law an authority over the doings of the English Ecclesiastical Courts such as it is not commonly supposed to have wielded In the first three of the following essays the other three deal with some minor but cognate matters I endeavoured to state the reasons that had convinced me About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books Find more at www forgottenbooks com This book is a reproduction of an important historical work Forgotten Books uses state of the art technology to digitally reconstruct the work preserving the original format whilst repairing imperfections present in the aged copy In rare cases an imperfection in the original such as a blemish or missing page may be replicated in our edition We do however repair the vast majority of imperfections successfully any imperfections that remain are intentionally left to preserve the state of such historical works
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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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(In an extended foreword, specially prepared for this new ...)
In an extended foreword, specially prepared for this new impression, J.C. Holt asserts categorically "that Domesday Book and Beyond remains the greatest single book on English medieval history." Its lucidity, subtlety, compass, and (remarkably) statistical facility stand quite unsurpassed and, as Professor Holt demonstrates, many of the arguments that have dominated English medieval scholarship during the ensuing ninety years stem directly from Maitland's own hypotheses and conclusions.
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Frederic William Maitland was born on May 28, 1850, in London, United Kingdom. He was the only son of John Gorham Maitland and of Emma, daughter of John Frederic Daniell. His grandfather was Samuel Roffey Maitland.
He was educated at Eton College and Trinity College, Cambridge.
He became a barrister in 1876 and showed immediate aptitude for the law. His superior said that within a week he realized that "he had in his chambers such a lawyer as he had never met before. " Nor did Maitland lack interest in practical questions.
At the beginning of his career he urged the reform of the land law, and at the end he grappled with the problems of the corporation.
His heart, however, was in scholarship and history. Guided by the legal historian Paul Vinogradoff, he edited Bracton's Note Book, a medieval treatise on English law, and his life's course was set.
He became Downing Professor in the University of Cambridge in 1888 and thereafter poured out work both brilliant and profound, and written in a style pure, nervous, and unique.
In 20 years, most of them shadowed by illness, he contributed over a hundred papers to learned journals, edited 14 medieval records, and wrote such major works as the History of English Law before the Time of Edward I, done in cooperation with Sir Frederick Pollock.
Maitland also founded the Selden Society for research in legal history. Of its first 21 volumes eight were his and a ninth was almost complete at this death.
He liked to illustrate the abstract by the concrete. A vital chapter in Domesday Book and Beyond is headed "On Beer" and begins: "We shall fathom that ocean. " Discussing the origins of Township and Borough, he wrote, "The city of Washington is not in any of the United States of America. Why not? Because it is the moot-stow (place for experimental arguments of doubtful cases) of the great Republic. " The past must be illuminated by the present.
On his death Maitland was hailed as a great scholar. Like Chief Justice John Marshall in the United States and Lord Mansfield in England, he proved that to excel in any profession it was necessary to do more than specialize.
(Excerpt from Roman Canon Law in the Church of England Six...)
( First published in 1895, Sir Frederick Pollock and Fred...)
(The forms of action are a part of the structure upon whic...)
(In an extended foreword, specially prepared for this new ...)
Maitland's wide and deep learning was pointed by imagination and humor.
Quotes from others about the person
"We acknowledge him, " said Justice Oliver Wendell Holmes, Jr. , "as our master. "
Maitland married Florence Henrietta Fisher, daughter of the historian Herbert William Fisher, in 1886 and they had two daughters, Ermengard and Fredegond.
