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
It is so pleasant to build theories; so
painful to discover facts. Maitland was strong enough to resist the
temptation to premature theorizing about the beginnings of human
society. As an undergraduate he had seen that simplicity had been the
great enemy of English Political Philosophy; and as a mature student
he came to discover how confused and indistinct were the thoughts of
our forefathers, and how complex their social arrangements. What those
thoughts and arrangements were he determined to discover, by exploring
the sources published and unpublished for English legal history. He
knew exactly what required to be done, and gallantly faced long hours
of unremunerative drudgery in the sure and exultant faith that the end
was worth the labour. "Everything which he touched turned to gold." He
took up task after task, never resting, never hasting, and each task
was done in the right way and in the right order. The study of English
legal history was revolutionised by his toil.
Before the fateful meeting with Vinogradoff at Oxford, Maitland had
made friends with Leslie Stephen. In 1880 he joined "the goodly
company, fellowship or brotherhood of the Sunday tramps," which had
been founded in the previous year by Stephen, George Crome Robertson,
the Editor of _Mind_, and Frederick Pollock. "The original members
of the Society about ten in number were for the most part addicted to
philosophy, but there was no examination, test, oath or subscription,
and in course of time most professions and most interests were
represented." The rule of the Club was "to walk every other Sunday
for about eight months in the year," and so long as Maitland lived in
London he was a faithful member of that strenuous company. A certain
wet Sunday lived in his memory and, though he did not know it, lived
also in the memory of Leslie Stephen. "I was the only tramp who had
obeyed the writ of summons, which took the form of a postcard. When the
guide (we had no 'president,' certainly no chairman, only so to speak,
a 'preambulator') and his one follower arrived at Harrow station, the
weather was so bad that there was nothing for it but to walk back
to London in drenching rain; but that day, faithful alone among the
faithless found, I learnt something of Stephen, and now I bless the
downpour which kept less virtuous men indoors." That wet Sunday made
Maitland a welcome guest at the Stephen's house; and it brought other
happiness in its train. In 1886 Maitland was married in the village
church of Brockenhurst, Hants, to Florence Henrietta, eldest daughter
of Mr Herbert Fisher, some time Vice Warden of the Stannaries, and
niece of Mrs Leslie Stephen. Two daughters, the elder born in 1887, and
the younger in 1889, were the offspring of the marriage.
FOOTNOTES:
[8] For a good instance of Maitland's trained insight see _Domesday
Book and Beyond_, p. 232.
[9] Maitland once conducted an argument before Jessel, M. R. Re Morton
v. Hallett (Feb. & May, 1880, Ch. 15, D. 143).
Public-domain text, read in full here on John Shaqi.
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