Frederick William Maitland, Downing Professor of the Laws of England: A Biographical Sketch — John Shaqi
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
The failure to obtain a fellowship broke off any design which may
have been entertained of an academic career, and Maitland, following
the family example, returned to London to try his fortune at the bar.
Men of high academic achievement sometimes fail in the practical
professions, by reason of a certain abstract habit of mind or from an
engrained unsociability of temperament. Neither of these disadvantages
affected Maitland. A combined training in philosophy and law had
given him just that capacity for deriving principles from the facts
of experience, and of using the facts of experience as the touchstone
of principles, which is essential to the adroit and intelligent use
of legal science; and for all his learning and zeal there was nothing
harsh and unsocial about him. On the other hand he was completely
deficient in the moral alloy which appears to be an essential element
in the fabric of most successful careers. He was entirely destitute
of the arts of "push" or advertisement, and so disinterested and
self-effacing that a world which is accustomed to take men at their own
valuation was not likely to seize his measure.
Maitland entered at Lincoln's Inn in 1872 and was called to the bar in
1876, reading first with Mr Upton and afterwards with Mr B. B. Rogers,
the brilliant translator and editor of Aristophanes. "I had only one
vacancy," writes Mr Rogers, "in my pupil room and that was about to
be filled by a very distinguished young Cambridge scholar. But he
was anxious--stipulated I think--that I should also take his friend
Maitland. I did not much like doing so, for I considered four pupils
as many as I could properly take, and I knew nothing of Maitland and
supposed that he would prove the crude and awkward person that a new
pupil usually is, however capable he may be, and however distinguished
he may become in later life. However, I agreed to take him as a fifth
pupil, and he had not been with me a week before I found that I had in
my chambers such a lawyer as I had never met before. I have forgotten,
if I ever knew, where and how he acquired his mastery of law; he
certainly did not acquire it in my chambers: he was a consummate lawyer
when he entered them. Every opinion that he gave was a complete legal
essay, starting from first principles, showing how the question agreed
with one, and disagreed with another, series of decisions and finally
coming to a conclusion with the clearest grasp of legal points and the
utmost lucidity of expression. I may add (and though this is a small
point it is of importance in a barrister's chambers) that it was given
in a handwriting which it was always a pleasure to read. He must have
left me in 1877, and towards the end of 1879, my health being in a
somewhat precarious state, and my medical advisers insisting on my
lessening the strain of my work, I at once asked Maitland to come in
and superintend my business. He gave up his own chambers and took a
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