F. W. Maitland
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Frederic William Maitland (28 May 1850 – ) was an English historian and jurist who is regarded as the modern father of English
legal history Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilizations and operates in the wider context of social history. Certain jurists and his ...
. From 1884 until his death in 1906, he was reader in English law, then Downing Professor of the Laws of England at the
University of Cambridge The University of Cambridge is a Public university, public collegiate university, collegiate research university in Cambridge, England. Founded in 1209, the University of Cambridge is the List of oldest universities in continuous operation, wo ...
. Born into a distinguished intellectual family, Maitland was educated at
Eton College Eton College ( ) is a Public school (United Kingdom), public school providing boarding school, boarding education for boys aged 13–18, in the small town of Eton, Berkshire, Eton, in Berkshire, in the United Kingdom. It has educated Prime Mini ...
and
Trinity College, Cambridge Trinity College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any ...
. Leaving for the bar after an initial failure to obtain a fellowship at Cambridge, he returned to academia in 1884, and quickly became one of the most distinguished historians of his generation.


Early life and education, 1850–72

Frederic William Maitland was born on 28 May 1850 at 53 Guilford Street in London. He was the only son and second of three children of John Gorham Maitland and of Emma, daughter of
John Frederic Daniell John Frederic Daniell (12 March 1790 – 13 March 1845) was an England, English chemist and physicist. Biography Daniell was born in London. In 1831 he became the first professor of chemistry at the newly founded King's College London; and in ...
. His grandfather was Samuel Roffey Maitland. Maitland's father was a barrister but, having little practice, became a civil servant, serving as secretary to the
Civil Service Commission A civil service commission (also known as a Public Service Commission) is a government agency or public body that is established by the constitution, or by the legislature, to regulate the employment and working conditions of civil servants, overse ...
. Maitland was educated at a preparatory school in Brighton before entering
Eton College Eton College ( ) is a Public school (United Kingdom), public school providing boarding school, boarding education for boys aged 13–18, in the small town of Eton, Berkshire, Eton, in Berkshire, in the United Kingdom. It has educated Prime Mini ...
in 1863, where Edward Daniel Stone was his private tutor. At Eton, Maitland was not prominent either academically or athletically, although a close school friend thought he would become "a kind of philosophic
Charles Lamb Charles Lamb (10 February 1775 – 27 December 1834) was an English essayist, poet, and antiquarian, best known for his '' Essays of Elia'' and for the children's book '' Tales from Shakespeare'', co-authored with his sister, Mary Lamb (1764†...
". He then matriculated at
Trinity College, Cambridge Trinity College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any ...
, in 1869 as a
commoner A commoner, also known as the ''common man'', ''commoners'', the ''common people'' or the ''masses'', was in earlier use an ordinary person in a community or nation who did not have any significant social status, especially a member of neither ...
. A dislike of
classics Classics, also classical studies or Ancient Greek and Roman studies, is the study of classical antiquity. In the Western world, ''classics'' traditionally refers to the study of Ancient Greek literature, Ancient Greek and Roman literature and ...
acquired at Eton initially led him to read mathematics, with little success. Then, inspired by
Henry Sidgwick Henry Sidgwick (; 31 May 1838 – 28 August 1900) was an English Utilitarianism, utilitarian philosopher and economist and is best known in philosophy for his utilitarian treatise ''The Methods of Ethics''. His work in economics has also had a ...
, he switched to the relatively new moral sciences
tripos TRIPOS (''TRIvial Portable Operating System'') is a computer operating system. Development started in 1976 at the Computer Laboratory of Cambridge University and it was headed by Dr. Martin Richards. The first version appeared in January 1978 a ...
in 1870, and took first-class honours in 1872, being bracketed senior with his friend William Cunningham; he was elected a scholar of his college the same year. The following year, he took his degree and won the Whewell Scholarship in international law. Popular among his contemporaries, Maitland was elected secretary, then president, of the Cambridge Union. He was also, like his father before him, a Cambridge Apostle. A lover of exercise since his Eton days, he rowed for Trinity and ran for the university, winning a
blue Blue is one of the three primary colours in the RYB color model, RYB colour model (traditional colour theory), as well as in the RGB color model, RGB (additive) colour model. It lies between Violet (color), violet and cyan on the optical spe ...
for representing the university in three-mile races. Maitland's mother had died in 1851, shortly after the birth of his younger sister. Then, both his father and grandfather died when he was still at school. From his grandfather, he inherited a
manor house A manor house was historically the main residence of the lord of the manor. The house formed the administrative centre of a manor in the European feudal system; within its great hall were usually held the lord's manorial courts, communal mea ...
and some land in Brookthorpe,
Gloucestershire Gloucestershire ( , ; abbreviated Glos.) is a Ceremonial counties of England, ceremonial county in South West England. It is bordered by Herefordshire to the north-west, Worcestershire to the north, Warwickshire to the north-east, Oxfordshire ...
. The estate provided him with an income until the agricultural depression in the 1880s.


Career at the bar and early efforts, 1872–84


Career at the bar

After Cambridge, Maitland tried to gain a fellowship in philosophy at Trinity College in 1875 with a dissertation entitled ''A Historical Sketch of Liberty and Equality: As Ideals of English Political Philosophy from the Time of Hobbes to the Time of Coleridge'', but was beaten out by fellow Apostle James Ward. Having joined
Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
as a student in 1872, he was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
there in 1876, and became a competent equity lawyer and conveyancer. Meanwhile, encouraged by Sidgwick, he began a book on property law, but abandoned it out of frustration at certain features of English property law; he expressed these sentiments in an anonymous article in the ''
Westminster Review The ''Westminster Review'' was a quarterly United Kingdom, British publication. Established in 1823 as the official organ of the Philosophical Radicals, it was published from 1824 to 1914. James Mill was one of the driving forces behind the libe ...
'' in 1879, described as "a bold, eloquent, and humorous plea for a sweeping change in the English law of Real Property". It was followed by three further articles in the ''Law Magazine and Review'' between 1881 and 1883.


Meeting with Vinogradoff

In 1880, Maitland was introduced by Frederick Pollock, who had been to Eton and Cambridge with him, to the Sunday Tramps, a walking club founded by
Leslie Stephen Sir Leslie Stephen (28 November 1832 – 22 February 1904) was an English author, critic, historian, biographer, mountaineer, and an Ethical Culture, Ethical movement activist. He was also the father of Virginia Woolf and Vanessa Bell and the ...
. Through Pollock, Maitland was introduced in 1884 to
Paul Vinogradoff Sir Paul Gavrilovitch Vinogradoff (; – 19 December 1925) was a Russian and British historian and medievalist. He was a leading thinker in the development of historical jurisprudence and legal history as disciplines. Early life Vinogradoff ...
, a Russian medievalist who was in England to study records lodged in the
Public Record Office The Public Record Office (abbreviated as PRO, pronounced as three letters and referred to as ''the'' PRO), Chancery Lane in the City of London, was the guardian of the national archives of the United Kingdom from 1838 until 2003, when it was m ...
. Maitland would later write that the day of his first meeting with Vinogradoff "determined the rest of my life". According to H. A. L. Fisher, Maitland was so chagrined by the fact that a Russian knew more about English legal records than he did that he made his first visit to the PRO shortly thereafter, though Geoffrey Elton points out that Maitland had already been working in the archives before he met Vinogradoff. The result of Maitland's initial work was ''Pleas of the Crown for the County of Gloucester'', a transcription of the 1221 Gloucestershire eyre roll, which he published at his own expense in 1884 and dedicated to Vinogradoff.


Return to Cambridge and marriage, 1884–88

In 1884, Maitland was elected Reader in English law at Cambridge, having failed to be elected to a readership at Oxford the previous year. The post had been personally endowed by Sidgwick, to the tune of £300 a year for four years. In 1887, Maitland published, again at his own expense, an edition of
Bracton Henry of Bracton (c. 1210 – c. 1268), also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English people, English Catholic priest, cleric and jurist. He is famous now for his writings on law, particular ...
's notebook in three volumes, acting on a suggestion by Vinogradoff. He also published extensively on legal history in the '' Law Quarterly Review'', which was edited by Sidgwick. On 20 July 1886, Maitland married Florence Henrietta Fisher in a village church in Hampshire. He had met her through Stephen: her aunt was Stephen's second wife. Fisher was the daughter of Herbert William Fisher and the sister of H. A. L. Fisher, a future Liberal minister and Maitland's biographer. They had two daughters: Ermengard (named after a woman whose name appeared in Bracton's notebook) in 1887 and Fredegond in 1889. By all accounts the marriage was a success, and the household a happy one.


Selden Society

In 1887, Maitland was among the founders of the
Selden Society The Selden Society is a learned society and registered charity concerned with the study of English legal history. It functions primarily as a text publication society, but also undertakes other activities to promote scholarship within its sphere ...
, established to promote the study of the history of English law, mainly through the publication of English legal manuscripts. The Society's first years were rocky: its treasurer, P. E. Dove, committed suicide in 1894, leaving behind a deficit of £1,000. Nevertheless, the Society published a steady stream of volumes under Maitland's direction as its first literary director. He personally edited eight volumes for the Society, contributed to more, and personally reviewed the proofs of every volume.


Downing Professor, 1888–1906

In 1888, Maitland was elected Downing Professor of the Laws of England, becoming a fellow of
Downing College Downing College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge and currently has around 950 students. Founded in 1800, it was the only college to be added to the university between 1596 and 1869, ...
. On 13 October 1888, he gave his inaugural lecture, "Why the History of English Law is Not Written". The post carried with it an official residence, and Maitland's family settled in happily. He held frequent musical gatherings, and kept a series of exotic pets, including a monkey, a meerkat, and a badger. The same year, he published ''Select pleas of the Crown, A.D. 1200–1225'', the first publication of the Selden Society. In addition to teaching duties, Maitland served on numerous University and college bodies. He advocated for a number of reforms, including the abandonment of Greek as a compulsory entrance subject and the admission of women to degrees. In March 1897 he helped defeat a proposal for the creation of a Queen's University for women only as an alternative to granting them Cambridge degrees, making a speech which was long afterwards remembered. Meanwhile, Maitland published extensively, making important contributions to the '' Cambridge Modern History'', the ''
English Historical Review ''The English Historical Review'' is a bimonthly peer-reviewed academic journal that was established in 1886 and published by Oxford University Press (formerly by Longman). It publishes articles on all aspects of history – British, European, a ...
'', the '' Law Quarterly Review'', ''
Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of ...
'' and other publications. He delivered the Ford Lectures in English history at Oxford in 1897 (later published as ''Township and Borough'') and the Rede Lecture in 1901. His most important work, ''The History of English Law Before the Time of Edward I'', appeared in 1895. It was co-authored with his friend Sir Frederick Pollock, though the latter wrote only the chapter on Anglo-Saxon law: "Chapter 1...was Pollock's work, and Maitland's reaction was never to let him write another." Popularly known as "Pollock and Maitland", ''The History of English Law'' has been described as "the best book on English legal history ever published in the English language." In 1902 Maitland was offered the Regius Professorship of Modern History at Cambridge by
Arthur Balfour Arthur James Balfour, 1st Earl of Balfour (; 25 July 184819 March 1930) was a British statesman and Conservative Party (UK), Conservative politician who served as the Prime Minister of the United Kingdom from 1902 to 1905. As Foreign Secretary ...
in succession to Lord Acton, but declined. In the same year he became one of the founding fellows of the
British Academy The British Academy for the Promotion of Historical, Philosophical and Philological Studies is the United Kingdom's national academy for the humanities and the social sciences. It was established in 1902 and received its royal charter in the sa ...
.


Final years and death

Maitland's health began to deteriorate in the 1890s: the exact nature of his illness remains unclear but has been variously ascribed to
tuberculosis Tuberculosis (TB), also known colloquially as the "white death", or historically as consumption, is a contagious disease usually caused by ''Mycobacterium tuberculosis'' (MTB) bacteria. Tuberculosis generally affects the lungs, but it can al ...
or to
diabetes Diabetes mellitus, commonly known as diabetes, is a group of common endocrine diseases characterized by sustained high blood sugar levels. Diabetes is due to either the pancreas not producing enough of the hormone insulin, or the cells of th ...
. In 1898 he suffered from an attack of
pleurisy Pleurisy, also known as pleuritis, is inflammation of the membranes that surround the lungs and line the chest cavity (Pulmonary pleurae, pleurae). This can result in a sharp chest pain while breathing. Occasionally the pain may be a constant d ...
, and thereafter he wintered either in the
Canary Islands The Canary Islands (; ) or Canaries are an archipelago in the Atlantic Ocean and the southernmost Autonomous communities of Spain, Autonomous Community of Spain. They are located in the northwest of Africa, with the closest point to the cont ...
or in
Madeira Madeira ( ; ), officially the Autonomous Region of Madeira (), is an autonomous Regions of Portugal, autonomous region of Portugal. It is an archipelago situated in the North Atlantic Ocean, in the region of Macaronesia, just under north of ...
. In December 1906, he left Cambridge for the Canaries for the last time: during the trip, he contracted
influenza Influenza, commonly known as the flu, is an infectious disease caused by influenza viruses. Symptoms range from mild to severe and often include fever, runny nose, sore throat, muscle pain, headache, coughing, and fatigue. These sympto ...
, which turned into double pneumonia. He died at
Las Palmas Las Palmas (, ; ), officially Las Palmas de Gran Canaria, is a Spanish city and capital of Gran Canaria, in the Canary Islands, in the Atlantic Ocean. It is the capital city of the Canary Islands (jointly with Santa Cruz de Tenerife) and the m ...
and was buried in the English Cemetery there. Upon his death, the University of Oxford presented an address of condolence to Cambridge, described by Geoffrey Elton as an "unprecedented tribute." Such addresses were often presented to the royal family, but the only precedent in the case of Maitland was an address to the
University of Berlin The Humboldt University of Berlin (, abbreviated HU Berlin) is a public research university in the central borough of Mitte in Berlin, Germany. The university was established by Frederick William III on the initiative of Wilhelm von Humbol ...
upon the death of
Theodor Mommsen Christian Matthias Theodor Mommsen (; ; 30 November 1817 – 1 November 1903) was a German classical scholar, historian, jurist, journalist, politician and archaeologist. He is widely regarded as one of the greatest classicists of the 19th ce ...
. Posthumous publications by his students, editing their lecture notes based on his lectures, include ''The Constitutional History of England'', ''Equity'', and ''The Forms of Action at Common Law''. The latter publication has been repeatedly reprinted, and contains perhaps his most-quoted observation, which still appears in learned articles and superior court judgments: "The
forms of action The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery (or file a bill) which would set in ...
we have buried but still they rule us from their graves."


Personal life

Maitland married Florence Henrietta Fisher, daughter of the historian Herbert William Fisher, in 1886 and they had two daughters, Ermengard (1887–1968) and Fredegond (1889–1949); after Maitland's death his widow married Sir Francis Darwin, a son of
Charles Darwin Charles Robert Darwin ( ; 12 February 1809 â€“ 19 April 1882) was an English Natural history#Before 1900, naturalist, geologist, and biologist, widely known for his contributions to evolutionary biology. His proposition that all speci ...
. Maitland was a moderate Liberal in politics, sympathizing with the
Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. For example, while the political systems ...
but striving to maintain objectivity in his scholarship. Florence Fisher's brother, the Liberal scholar and politician H. A. L. Fisher, edited Maitland's papers and lectures on English constitutional history after his death.


Scholarship


Approach and style

His written style was elegant and lively. His
historical method Historical method is the collection of techniques and guidelines that historians use to research and write histories of the past. Secondary sources, primary sources and material evidence such as that derived from archaeology may all be draw ...
was distinguished by his thorough and sensitive use of historical sources, and by his determinedly historical perspective. Maitland taught his students, and all later historians, not to investigate the history of law purely or mostly by reference to the needs of the present, but rather to consider and seek to understand the past on its own terms.


''Memoranda de Parliamento''

In 1889, Maitland was invited by Henry Maxwell Lyte, the Deputy Keeper of the Public Records, to examine and edit the petitions presented to
Edward I Edward I (17/18 June 1239 â€“ 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots (Latin: Malleus Scotorum), was King of England from 1272 to 1307. Concurrently, he was Lord of Ireland, and from 125 ...
's parliament. Maitland quickly determined that the task was too large to be completed by one man. However, by chance, he discovered a hitherto unpublished parliament roll from 1305, which he edited and published in 1893 as part of the Rolls Series. This formed the basis of what Elton described as his "most explosive contribution to English history". At the time, it was generally believed that early English parliaments were, from the beginning, an assembly of the
estates of the realm The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom (Christian Europe) from the Middle Ages to early modern Europe. Different systems for dividing society members into estates developed a ...
who met to discuss affairs of state. This view had been laid down by Stubbs, who had based his view on the 1295 "
Model Parliament The Model Parliament was the 1295 Parliament of England of Edward I of England, King Edward I. Its composition became the model for later parliaments. History The term ''Model Parliament'' was coined by William Stubbs (1825-1901) and later use ...
". In his introduction to the 1305 roll, Maitland instead proposed that early English parliaments were judicial bodies which met mainly to receive petitions to address grievances. Though the revolutionary nature of Maitland's suggestion was realised only later, most historians have come to accept Maitland's view.


"Why the history of English Law is not written?"

On 13 October 1888, Maitland gave his inaugural lecture as Downing Professor of the Laws of England. Pointing out that "no attempt has ever been made to write the history of English law as a whole", he proposed two causes: the insularity of English law and the conflicting logics of the lawyer and of the historian.


Assessment

Maitland was held in high regard by his contemporaries. Lord Acton called him the ablest historian in England. Maitland's reputation has stood high since his death. Speaking in 1980, S. F. C. Milsom said that Maitland is "not just revered but loved" by historians, while in 1985, Sir Geoffrey Elton wrote of Maitland as the "patron saint" of historians. Beginning in the 1960s, scholars such as S. F. C. Milsom and Patrick Wormald began to point out shortcomings in Maitland's views, which had by then become the orthodoxy, although the criticisms were inevitably coupled with sincere admiration for Maitland. The highly technical nature of Maitland's work, as well as the relative decline of legal history, made Maitland's views "lasting orthodoxies", as few historians had either the technical knowledge or the inclination to challenge them. Speaking on the centenary of the publication of ''Pollock and Maitland'', Milsom said that:
"if we go on as we are, we can look forward to our successors celebrating the bicentenary of 'Pollock and Maitland' as still the last word on the history of English law in its most crucial period. I wonder whether he would be pleased."


Honours and memorials

During his lifetime, Maitland received honorary doctorates from the universities of
Cambridge Cambridge ( ) is a List of cities in the United Kingdom, city and non-metropolitan district in the county of Cambridgeshire, England. It is the county town of Cambridgeshire and is located on the River Cam, north of London. As of the 2021 Unit ...
(1891),
Oxford Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town. The city is home to the University of Oxford, the List of oldest universities in continuou ...
(1899),
Glasgow Glasgow is the Cities of Scotland, most populous city in Scotland, located on the banks of the River Clyde in Strathclyde, west central Scotland. It is the List of cities in the United Kingdom, third-most-populous city in the United Kingdom ...
(1896),
Moscow Moscow is the Capital city, capital and List of cities and towns in Russia by population, largest city of Russia, standing on the Moskva (river), Moskva River in Central Russia. It has a population estimated at over 13 million residents with ...
and Kracow. He was one of the founding fellows of the
British Academy The British Academy for the Promotion of Historical, Philosophical and Philological Studies is the United Kingdom's national academy for the humanities and the social sciences. It was established in 1902 and received its royal charter in the sa ...
in 1902, and was a corresponding member of the Royal Prussian Academy of the Arts and of the
Bavarian Academy of Sciences and Humanities The Bavarian Academy of Sciences and Humanities () is an independent public institution, located in Munich. It appoints scholars whose research has contributed considerably to the increase of knowledge within their subject. The general goal of th ...
. He was also an honorary fellow of
Trinity College, Cambridge Trinity College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any ...
, and an honorary
bencher A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher c ...
of
Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
. On the latter honour, Maitland wrote to Pollock that "one of the vacant bishoprics would have been less of a surprise". Just before his death, Maitland received the Ames Medal from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, and at the time of his death, he had been invited by Oxford to deliver the
Romanes Lecture The Romanes Lecture is a prestigious free public lecture given annually at the Sheldonian Theatre, Oxford, England. The lecture series was founded by, and named after, the biologist George Romanes, and has been running since 1892. Over the years, ...
. After his death, the F. W. Maitland Memorial Fund was established at Cambridge in 1907 to promote research in legal history. It continues to award grants and studentships for that purpose. In 2000, a Maitland Legal History Room was established within the Squire Law Library of the Faculty of Law at the University of Cambridge. The Maitland Historical Society of
Downing College, Cambridge Downing College is a constituent college of the University of Cambridge and currently has around 950 students. Founded in 1800, it was the only college to be added to the university between 1596 and 1869, and is often described as the oldest of ...
, is also named in his honour. At Oxford, a Maitland Library, begun with 300 books from Maitland's personal library, was established in 1908. Originally housed at
All Souls College, Oxford All Souls College (official name: The College of All Souls of the Faithful Departed, of Oxford) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full me ...
, it was eventually taken over by the Bodleian Library, and was maintained as a separate collection until 1933. In 2001, a memorial stone for Maitland was unveiled in Poet's Corner,
Westminster Abbey Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an Anglican church in the City of Westminster, London, England. Since 1066, it has been the location of the coronations of 40 English and British m ...
; he was the first professional historian to be so honoured. The stone, cut by Richard Kindersley, is inscribed with a quote from ''Doomsday Book and Beyond'': "By slow degrees the thoughts of our forefathers their common thoughts about common things will have become thinkable once more".


See also

*
Otto von Gierke Otto Friedrich von Gierke, born Otto Friedrich Gierke (11 January 1841 – 10 October 1921), was a German legal scholar and historian. He is considered today as one of the most influential and important legal scholars of the 19th and 20th centur ...
* Herbert Fisher *
Henry de Bracton Henry of Bracton (c. 1210 – c. 1268), also known as Henry de Bracton, Henricus Bracton, Henry Bratton, and Henry Bretton, was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinib ...
*
Paul Vinogradoff Sir Paul Gavrilovitch Vinogradoff (; – 19 December 1925) was a Russian and British historian and medievalist. He was a leading thinker in the development of historical jurisprudence and legal history as disciplines. Early life Vinogradoff ...
* Social law *
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I of England, Edward I that prevented Tenement (law), tenants from Alienation (property law), alienating (transferring) their lands to others by subinfeudati ...
,
Seisin Seisin (or seizin) is a legal concept that denotes the right to legal possession of a thing, usually a fiefdom, fee, or an estate in land. It is similar, but legally separate from the idea of ownership. The term is traditionally used in the context ...
and
Cestui que ( ; also , ) is a shortened version of "", ; in modern terms, it corresponds to a ''beneficiary''. It is a Law French phrase of medieval English invention, which appears in the legal phrases , , or . and '' trust'' are often interchangeable. I ...


Works

His principal works include:"Professor F. W. Maitland." Times ondon, England22 December 1906: 6. The Times Digital Archive. Web. 29 May 2012
''Pleas of the Crown for the County of Gloucester before the Abbot of Reading and his Fellows Justices Itinerant,''
Macmillan & Co., 1884.
''Justice and Police,''
Macmillan & Co., 1885.
''Bracton's Note-Book,''Vol. 2
C. J. Clay & Sons, 1887 eissued by Cambridge University Press, 2010">Cambridge_University_Press.html" ;"title="eissued by Cambridge University Press">eissued by Cambridge University Press, 2010 )
''Memoranda de Parliamento''
H.M. Stationery Office, 1893.
''History of English Law before the Time of Edward I,''
with Sir Frederick Pollock, Cambridge University Press, 1899 [1st Pub. 1895; new ed. 1898].
''Domesday Book and Beyond,''
Cambridge University Press, 1897.
''Township and Borough: Being the Ford Lectures Delivered in the University of Oxford in the October Term of 1897,''
Cambridge University Press, 1898.
''Roman Canon Law in the Church of England,''
Methuen & Co., 1898.
''English Law and the Renaissance: the Rede Lecture for 1901,''
Cambridge University Press, 1901.
''Charters of the Borough of Cambridge,''
Cambridge University Press, 1901 (reissued by
Cambridge University Press Cambridge University Press was the university press of the University of Cambridge. Granted a letters patent by King Henry VIII in 1534, it was the oldest university press in the world. Cambridge University Press merged with Cambridge Assessme ...
, 2010. )
''Life and Letters of Leslie Stephen,''
Duckworth & Co., 1906.
''The Constitutional History of England,''
Cambridge University Press, 1909 st Pub. 1908 *
Equity. Also the Forms of Action at Common Law
', Edited by A.H. Chaytor and W.J. Whittaker, Cambridge University Press, 1910.
''The Collected Papers of Frederic William Maitland,''
H.A.L. Fisher, ed., Vol. I, Cambridge University Press, 1911.
''The Collected Papers of Frederic William Maitland,''
H.A.L. Fisher, ed., Vol. II, Cambridge University Press, 1911.
''The Collected Papers of Frederic William Maitland,''
H.A.L. Fisher, ed., Vol. III, Cambridge University Press, 1911.
''A Sketch of English Legal History,''
with Francis G. Montague, G. P. Putnam's Sons, 1915. *


Essays


"The Relation of Punishment to Temptation,"
''Mind,'' Vol. V, 1880.
"The Criminal Liability of the Hundred,"
''The Law Magazine and Review,'' Vol. VII, 1882.
"Mr. Herbert Spencer's Theory of Society,"
Part II, ''Mind,'' Vol. VIII, 1883.
"From the Old Law Courts to the New,"
''The English Illustrated Magazine,'' Vol. I, 1883.
"The Seisin of Chattels,"
''The Law Quarterly Review,'' Vol. I, 1885.
"The Deacon and the Jewess: or, Apostasy at Common Law,"
''The Law Quarterly Review,'' Vol. II, 1886.
"The Mystery of Seisin,"
''The Law Quarterly Review,'' Vol. II, 1886.
"The Suitors of the County Court,"
''The English Historical Review,'' Vol. III, 1888.
"The Beatitude of Seisin,"
Part II, ''The Law Quarterly Review,'' Vol. IV, 1888.
"The Surnames of English Villages"
''The Archaeological Review'', Vol. IV, No. 4, 1889.
"The Introduction of English Law into Ireland,"
''The English Historical Review'', Vol. IV, 1889.
"The Materials for English Legal History,"
Part II, ''Political Science Quarterly,'' Vol. IV, 1889.
"The 'Praerogativa Regis',"
''The English Historical Review,'' Vol. VI, 1891.
"Henry II and the Criminous Clerks,"
''The English Historical Review,'' Vol. VII, 1892.
"The 'Quatripartitus',"
''The Law Quarterly Review,'' Vol. VIII, 1892.
"The History of Cambridgeshire Manor,"
''The English Historical Review,'' Vol. IX, No. 35, July 1894.
"The Origin of the Borough,"
''The English Historical Review,'' Vol. IX, 1896.
"Wyclif on English and Roman Law,"
''The Law Quarterly Review,'' Vol. XII, 1896.
"'Execrabilis' in the Common Pleas,"
''The Law Quarterly Review,'' Vol. XII, 1896.
"Canon Law in England,"
''The English Historical Review,'' Vol. XII, 1897. * "The Corporation Sole," ''The Law Quarterly Review,'' Vol. XVI, 1900, pp. 335–354 * "The Crown as Corporation," ''The Law Quarterly Review,'' Vol. XVII, 1901, pp. 131–146
"Prologue to a History of English Law."
In: ''Select Essays in Anglo-American Legal History,'' Vol. I. Boston: Little, Brown, and Company, 1907.
"Materials For the History of English Law."
In: ''Select Essays in Anglo-American Legal History,'' Vol. II. Boston: Little, Brown, and Company, 1908.
"The History of the Register of Original Writs."
In: ''Select Essays in Anglo-American Legal History,'' Vol. II. Boston: Little, Brown, and Company, 1908.


Other


"Glanville, Ranulf de."
In: ''Dictionary of National Biography,'' Vol. XXI, 1890.
"Court Rolls, Manorial Accounts and Extents."
In: ''Dictionary of Political Economy,'' Vol. I, 1894.
''Essays on the Teaching of History''
William Arthur Jobson Archbold, ed., with an introduction by F.W. Maitland, Cambridge University Press, 1901. * *


Notes


References

* Bell, Henry Esmond (1965). ''Maitland: A Critical Examination and Assessment.'' Cambridge: Harvard University Press. * Cameron, James R. (1961). ''Frederic William Maitland and the History of English Law''. University of Oklahoma Press ep. by Greenwood Press, 1977; Lawbook Exchange, 2001 * Elton, G. R. (1985). ''F.W. Maitland.'' Yale University Press. * * Fisher, H. A.L. (1910)
''F. W. Maitland.''
Cambridge University Press. * Heatley, D. P. (1913)
"Frederic William Maitland."
In: ''Studies in British History and Politics.'' London: Smith, Elder & Co., pp. 138–163. * Hollond, Henry Arthur (1953). ''Frederic William Maitland, 1850–1906: A Memorial Address''. London: Quaritch. * Lapsley, Gaillard Thomas (1907)
"Frederic William Maitland,"
'' The Green Bag,'' Vol. 19, No. 4, pp. 205–213. * Milsom, Stroud Francis Charles (1980). ''F. W. Maitland: Lecture on a Mastermind.'' Oxford University Press. * Milsom, Stroud Francis Charles (2001). "Maitland," ''Cambridge Law Journal,'' Vol. 60, No. 2, pp. 265–270. * Reynell, Mrs. (1951)
"Frederic William Maitland,"
''The Cambridge Law Journal,'' Vol. XI, No. 1, pp. 67–73 rs. Reynell was Maitland's eldest sister * Schuyler, Robert Livingston (1952). "The Historical Spirit Incarnate: Frederic William Maitland," ''The American Historical Review,'' Vol. 57, No. 2, pp. 303–322. * Schuyler, Robert Livingston (1960). Introduction to ''Frederic William Maitland: Historian,'' University of California Press. * Smith, A. L. (1908)
''F. W. Maitland.''
Oxford: Clarendon Press. * Smith, Munro & J. T. Shotwell (1907)
"Frederic William Maitland,"
''Political Science Quarterly,'' Vol. 22, pp. 282–296. * Pollock, Sir Frederick ''et al.'' (1907)
"In Memoriam: Frederic W. Maitland,"
''The Law Quarterly Review,'' Vol. 23, pp. 137–150. * Vinogradoff, Paul (1907)
"Frederic William Maitland,"
''English Historical Review,'' Vol. 22, No. 86, pp. 280–289. * Wormald, Patrick (1998). "Frederic William Maitland and the Earliest English Law," ''Law and History Review,'' Vol. 16, No. 1, pp. 1–25.


External links

* * *
Maitland, Frederick William
a
McMaster University Archive for the History of Economic Thought
* * * {{DEFAULTSORT:Maitland, Frederic William 1850 births 1906 deaths 19th-century English historians 20th-century English historians English barristers English people of Scottish descent English legal writers Alumni of Trinity College, Cambridge Presidents of the Cambridge Union British legal historians Anglo-Saxon studies scholars Downing Professors of the Laws of England Fellows of the British Academy People educated at Eton College Members of Lincoln's Inn Fellows of Downing College, Cambridge English legal scholars English biographers English medievalists English constitutionalists Historians of England Deaths from pneumonia in Spain