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
seat in mine (the chambers in 3 Stone Buildings where I then was are I
think the largest in the Inn), superintended the whole of my business,
managed my pupils, saw my clients and in case of necessity held my
briefs in Court. I doubt if he would have succeeded as a barrister; all
the time that I knew him he was the most retiring and diffident man I
ever knew; not the least shy or awkward; his manners were always easy
and self-possessed; but he was the last man to put himself forward in
any way. But his opinions, had he suddenly been made a judge, would
have been an honour to the Bench. One of them may still be read in Re
Cope Law Rep. 16 Ch. D. 49. There a long and learned argument filling
nearly two pages of the Report is put into the mouth of Chitty Q.C. and
myself, _not one word of which was ever spoken by either of us_. It
was an opinion of Maitland's on the case laid before us which I gave
to Chitty to assist him in his argument.... I cannot close this long
though hastily written letter without expressing my personal esteem for
the man. Wholly without conceit or affectation, simple, generous and
courteous to everybody, he was the pleasantest companion that anybody
could ever wish for: and I think that the three years he spent in my
chambers were the most delightful three years I ever spent at the bar."
Working partly for Mr Rogers and partly for Mr Bradley Dyne, Maitland
saw a good deal of conveyancing business and in after years was wont to
lay stress upon the value of this part of his education. Conveyancing
is a fine art, full of delicate technicalities, and Maitland used to
say that there could be no better introduction to the study of ancient
diplomata than a few years spent in the chambers of a busy conveyancer.
Here every document was made to yield up its secret; every word and
phrase was important, and the habit of balancing the precise practical
consequences of seemingly indifferent and conventional formulæ became
engrained in the mind. Paleography might teach men to read documents,
diplomatics to date them and to test their authenticity; but the full
significance of an ancient deed might easily escape the most exact
paleographer and the most accomplished diplomatist, for the want of
that finished sense for legal technicality which is the natural fruit
of a conveyancing practice.[8]
Business of this type, however, does not provide opportunities for
forensic oratory and Maitland's voice was rarely heard in Court[9]. But
meanwhile he was rapidly exploring the vast province of legal science,
mastering the Statute Books, reading Frenchmen, Germans and Americans,
and occasionally contributing articles upon philosophical and legal
topics to the Press.
Public-domain text, read in full here on John Shaqi.
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