Frederick William Maitland, Downing Professor of the Laws of England: A Biographical SketchFisher, H. A. L. (Herbert Albert Laurens)
History
Frederick William Maitland, Downing Professor of the Laws of England: A Biographical Sketch
Fisher, H. A. L. (Herbert Albert Laurens)
Maitland, Frederic William, 1850-1906
would be a model for the British world? "To make law that is worthy of
acceptance for free communities that are not bound to accept it, this
would be no mean ambition. _Nihil aptius, nihil efficacius ad plures
provincias sub uno imperio retinendas et fovendas._ But it is hardly to
Parliament that one's hopes must turn in the first instance." Certain
ancient and honourable societies, proud of a past that is unique in the
history of the world, may become fully conscious of the heavy weight
of responsibility that was assumed when English law schools saved, but
isolated, English law in the days of the Reception. "In that case the
glory of Bruges, the glory of Bologna, the glory of Harvard, may yet
be theirs." The lecturer paused, and then surveying the crowded Senate
House added, with an effect which those who heard him cannot forget,
certain words which have not been printed. "But," he concluded, "I see,
Mr Vice-Chancellor, that strangers are present."
XII.
With health so broken that even the summers in England seldom passed
without periods of illness and pain Maitland embarked upon one of
the great undertakings of his life, an edition of the _Year Books of
Edward II_. "These Year Books are a precious heritage. They come to us
from life. Some day they will return to life once more at the touch
of some great historian." The spirit in which Maitland approached the
work is indicated by two quotations, the first from Roger North, the
second from Albert Sorel, which are printed on the title page of each
volume. "He (Sergeant Maynard) had such a relish of the old Year Books
that he carried one in his coach to divert him in travel, and said
he chose it before any comedy." "C'est toute la tragédie, toute la
comédie humaine que met en scène sous nos yeux l'histoire de nos lois.
Ne craignons pas de le dire et de le montrer." The edition of these
Year Books printed in the reign of Charles II. from a single inferior
manuscript was imperfect and bad. Maitland determined to show how an
edition should be made, and in his eyes no labour was too great for
such a task. These records were unique, priceless, imcomparable. "Are
they not the earliest reports, systematic reports, continuous reports,
of oral debate? What has the whole world to put by their side? In 1500,
in 1400, in 1300, English lawyers were systematically reporting what
of interest was said in Court. Who else in Europe was trying to do the
like, to get down on paper and parchment the shifting argument, the
retort, the quip, the expletive? Can we, for example, hear what was
really said in the momentous councils of the Church, what was really
said in Constance and Basel, as we can hear what was really said at
Westminster long years before the beginning of 'the conciliar age'?"
The Year Books contained more medieval conversation than had survived
in any other authentic source. The history of law could not be written
without them. "Some day it will seem a wonderful thing that men once
Public-domain text, read in full here on John Shaqi.
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