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Frederic William Maitland

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Frederic William Maitland was a highly influential English historian and jurist.

Frederic William Maitland by Beatrice Lock (Mrs Fripp)
Frederic William Maitland by Beatrice Lock (Mrs Fripp)

He is widely considered the modern father of English legal history. His work changed how scholars examine the development of laws and government. Maitland was born on May 28, 1850, in London. He came from a family of intellectuals. His father served as a secretary to the Civil Service Commission. His grandfather, Samuel Roffey Maitland, was also a scholar. This background provided a strong foundation for his future academic career.

Maitland received his education at Eton College and Trinity College, Cambridge. At Eton, he was not particularly famous for academics or sports. However, at Cambridge, he showed great versatility. He initially studied mathematics because he disliked the classics. Later, he switched to the moral sciences tripos. He earned first-class honours in 1872 and became a scholar at his college. He also won the Whewell Scholarship in international law. Beyond books, Maitland was a talented athlete. He won a "blue" for representing Cambridge in three-mile races.

His professional path was not a straight line to academia. After Cambridge, he attempted to gain a fellowship in philosophy. He failed to win the position, so he turned to the law. In 1876, he was called to the bar at Lincoln's Inn. He practiced as an equity lawyer and a conveyancer. During this time, he began criticizing English property law. He wrote anonymous articles calling for major changes to these laws. These early writings showed his deep interest in how legal systems function.

A major turning point occurred in 1884. Maitland met Paul Vinogradoff, a Russian medievalist studying in England.

Frederic William Maitland by Beatrice Lock (Mrs Fripp)
Frederic William Maitland by Beatrice Lock (Mrs Fripp)

Maitland later said this meeting determined the rest of his life. He realized that Vinogradoff understood English legal records very well. This motivated Maitland to study the archives more deeply. He published his first major work, a transcription of a 1221 Gloucestershire eyre roll. This work was dedicated to Vinogradoff. It marked his transition from a lawyer to a serious historian.

Maitland returned to Cambridge as a Reader in English law in 1884. In 1888, he became the Downing Professor of the Laws of England.

Frederic William Maitland by Beatrice Lock (Mrs Fripp)
Frederic William Maitland by Beatrice Lock (Mrs Fripp)

He was a very active member of the university. He advocated for important reforms, such as admitting women to degrees. He also fought against making Greek a compulsory subject for entrance. In 1887, he helped found the Selden Society. This group was created to promote the study of English legal history. The society focused on publishing important legal manuscripts for researchers.

One of his most significant achievements was his research into early parliaments. In 1889, he was invited to examine petitions presented to King Edward I. While working, he discovered an unpublished parliament roll from 1305. This discovery led to an "explosive" new idea in history. Before this, people thought early parliaments were always groups that discussed state affairs. Maitland argued they were actually judicial bodies. They met primarily to receive petitions and address grievances. Most historians now accept this view of how early government functioned.

Maitland's most famous book was published in 1895. It was titled *The History of English Law Before the Time of Edward I*. He co-authored it with his friend, Sir Frederick Pollock. People often refer to it simply as "Pollock and Maitland." It is described as the best book on English legal history ever written in English.

Frederic William Maitland by Beatrice Lock (Mrs Fripp)
Frederic William Maitland by Beatrice Lock (Mrs Fripp)

His writing style was noted for being both elegant and lively. He taught students to study the past on its own terms. He believed historians should not just look for what the past says about the present.

Maitland's health declined during the 1890s. He suffered from illnesses that may have been tuberculosis or diabetes. In 1906, he traveled to the Canary Islands. During this trip, he contracted influenza, which became double pneumonia. He died at Las Palmas in December 1906. His death was met with great respect by the academic world. The University of Oxford even sent an unprecedented address of condolence to Cambridge. His students later published his lecture notes in several important books. One famous quote from his work remains: "The forms of action we have buried but still they rule us from their graves."

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