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
"Let it be that the Latin and French were not of a very high order,
still we see at Westminster a cluster of men which deserves more
attention than it receives from our unsympathetic, because legally
uneducated, historians. No, the clergy were not the only learned men
in England, the only cultivated men, the only men of ideas. Vigorous
intellectual effort was to be found outside the monasteries and
universities. These lawyers are worldly men, not men of the sterile
caste; they marry and found families, some of which become as noble as
any in the land; but they are in their way learned, cultivated men,
linguists, logicians, tenacious disputants, true lovers of the nice
case and the moot point. They are gregarious, clubable men, grouping
themselves in hospices, which become schools of law, multiplying
manuscripts, arguing, learning and teaching, the great mediators
between life and logic, a reasoning, reasonable element in the English
nation."
Meanwhile health was failing and gaps were being made in the circle
of his most intimate friends. Henry Sidgwick, the revered master of
philosophy, went first, then Lord Acton, finally, in 1904, Leslie
Stephen. Some words which Maitland spoke of Henry Sidgwick have already
been quoted in this memoir; they are passionate in the intensity
of their affection and regard. Acton was a friend of less ancient
standing, who by his high character and vast learning had conquered
Maitland's unreserved enthusiasm; the loss of Leslie Stephen was
mourned as that of a near relative. Of these deaths one was a possible
and the other an actual cause of some deviation from Maitland's
appointed course of legal work. Upon the vacancy in the Cambridge Chair
of Modern History which occurred in 1902, Maitland was invited by Mr
Balfour to succeed Acton. The appointment would have been applauded
throughout the historical world, but Maitland felt that his health
was too precarious to admit of his undertaking the labours of a new
Chair. Besides, there were the Year Books; there were the illusive
and fascinating subtleties of the _persona ficta_. He would not
lightly abandon the law. _Nolumus leges Angliæ mutare_, he wrote to a
friend, with a slight variation on the classic words of those English
barons who in the reign of Henry III. resisted the introduction of a
foreign usage. The decision was doubtless wise, but the continuity
of Maitland's legal work was not destined to remain unbroken. Leslie
Stephen had expressed a wish that, if any appreciation of him were
published, it should be done by Maitland. "He, as I always feel,
understands me." Such a call could not be neglected, and so the Year
Books were laid aside, or rather the pace was slackened, while Maitland
laboured with loving and scrupulous diligence upon the _Life and
Letters of Leslie Stephen_.
Public-domain text, read in full here on John Shaqi.
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