Frederic William Maitland

"Those who took the road to democracy to be the road to freedom mistook temporary means for an ultimate end."

"It is hard to think away out of our heads a history which has long lain in a remote past but which once lay in the future."

"All Europe over, lawyers were being at once attracted and puzzled by the Roman doctrine of possession... Roman law compels us to hold that there are some occupiers who are not possessors. In an evil hour the English judges, who were controlling a new possessory action, which had been suggested by foreign models, adopted this theory at the expense of the termor... English law for six centuries and more will rue this youthful flirtation with Romanism."

"It was a court of politicians enforcing a policy, not a court of judges administering the law."

"Maitland did not write a history of the constitution nor narrative history like Freeman. He thought that Freeman and most English historians (but not Stubbs) were insular. They had not learnt the German way of interpreting history. It should not be interpreted through their rulers, the battles they had fought and the treaties they had made. It should be interpreted through the origins of their land, their institutions, their language and their folk tales and myths. He did not, like Marx, invest an all-embracing theory that would explain the inseparable processes that determined the direction in which society must move."

"It was his long and dazzling introduction to Otto Gierke's Political Theories of the Middle Ages that made me first realize what the history of ideas could be. When Leslie Stephen's wife died Maitland wrote to him, "I have an irrepressible wish, however foolish and wrong it may be, to touch your hand and tell you in two words what I think of you." I have the same foolish and irrepressible wish about Maitland."

"He was introducing a set of documents and not rewriting the history of parliament."

"While others lingered among the tombs, he drew his knowledge of our law, not from the sepulchres of its sages, but straight from the source itself. For him no fetish blocked the way; for him no vain repetition of statements from the legal Talmud would make those statements true. If “Co. Litt.” was wrong, it was not blasphemy to say so; to treat its “sentence” as a judgment from which there was no appeal was worthy of the Middle Ages. I do not know, nor do I suppose that the famous Downing Professor ever said so much, but one can imagine, had he spoken out, how his witty raillery might have shocked the veterans of Bench and Bar. For in his ever vivid originality, in the daring brilliance of his style, Maitland was the Whistler of the Law."

"We may safely say that Maitland will remain a force and an inspiration when some, even of those who occupied the woolsack, are mere names. If all his theories could be overthrown, all his positive results peptonized into textbooks, he would still live as a model of critical method, a model of style, and a model of intellectual temper. He shall not be shamed, whatever records leap to light. A century hence his name will stand higher still than it does to-day."

"It was Maitland's good fortune to be only moderately successful academically as a young man, so he escaped the easy assurance of the eminently successful man looking at the world. He had to learn about documents the hard way, in a conveyancer's office. This taught him to keep close to the ground. He learned that the approach to history must be through drudgery, and that no amount of elegance, economy, and precision of mind can take the place of an enormous capacity for hard work. He had no successors. Yet in a sense all modern historical researchers are his successors. Maitland's virtues are the virtues we should all like to possess; his way of doing things is the way of all modern research."

"By the History of English Law, and Domesday Book and Beyond, to say nothing of Roman Canon Law in the Church of England, and his other contributions to legal history, Professor Maitland has laid students of the English constitution under obligations that are incalculable."