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
study,' that is another reason why the history of our law is unwritten.
If we try to make history the handmaid of dogma she will soon cease to
be history."
Maitland concluded with an appeal for workers in an untilled field, but
with characteristic veracity held out no illusory hopes. "Perhaps,"
he wrote, "our imaginary student is not he that should come, not the
great man for the great book. To be frank with him this is probable;
great historians are at least as rare as great lawyers. But short of
the very greatest work, there is good work to be done of many sorts
and kinds, large provinces to be reclaimed from the waste, to be
settled and cultivated for the use of man. Let him at least know that
within a quarter of a mile of the chambers in which he sits lies the
most glorious store of material for legal history that has ever been
collected in one place and it is free to all like the air and the
sunlight. At least he can copy, at least he can arrange, digest, make
serviceable. Not a very splendid occupation and we cannot promise him
much money or much fame.... He may find his reward in the work itself:
one cannot promise him even that; but the work ought to be done and the
great man when he comes may fling a footnote of gratitude to those who
have smoothed his way, who have saved his eyes and his time."
[Illustration: stock or marketable securities which undoubtedly are not
the same things as the land and trade marks.'
Now it may occur to you that in their anxiety to avoid a confusion
of the persons our courts fall into the opposite of error and divide
the substance. But that is not so. The old things still exist and are
owned, though new things 'transferable in the books of the company'
have come into being. Also it seems possible that we may easily
over-estimate the creative]
[Illustration: powers of lawyers and courts and legislators. Let us
remember that these new things will be things for the man of business,
things for the Stock Exchange. And in passing let us ask ourselves
whether if these 'things' are not unreal, the personality of the
company must needs be fictitious?
_Fragment of a Lecture_]
As yet Maitland had not conceived himself as the author of that
"History of English Law from the thirteenth century," the need for
which he proclaimed to his Cambridge audience. A less extensive scheme
had framed itself in his mind "some thoughts about a plan of campaign
for the History of the Manor." The thoughts were communicated to
Frederick Pollock and were not unfruitful, for they grew up seven years
later into that massive _History of English Law_ which is perhaps
Maitland's most enduring title to fame; but of his learned projects in
this seed-time and of some other concerns, grave and gay, a few scraps
of correspondence may here most fittingly be adduced in evidence.
TO PAUL VINOGRADOFF.
6, NEW SQUARE,
LINCOLN'S INN.
_28 April, 1884._
Public-domain text, read in full here on John Shaqi.
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