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
of two conflicting systems of law would have been destructive of all
good government--such propositions only require to be stated to meet
with acceptance. Yet it was left to Maitland to state them. The need
for thus emphasising the essential unity of English law was due partly
to the tendency of teachers to lay stress upon the cases in which
there is a variance between the rules of common law and the rules of
equity and partly to the fact that in the routine of his profession the
practitioner would have his attention directed rather to such occasions
of variance than to the necessary and intricate dependence of equity on
common law. Perhaps there is no greater proof of originality than the
discovery of truths, which have no surprising quality about them except
the length of time during which they have gone unnoticed or obscured.
FOOTNOTES:
[20] _Political Science Quarterly_, vol. xxii., No. 2, p. 287.
[21] _Cambridge University Reporter_, July 22, 1907, p. 1313.
[22] _Cambridge University Reporter_, June 22, 1907, p. 1303.
VI.
Among the operations which belong to that wonderful period of activity
which culminated in the _History of English Law_, two remain to be
singled out, the first an enquiry of great delicacy and of crucial
importance for the history of legal procedure, the second lying
somewhat outside the ordinary sphere of Maitland's investigations but
of great moment to the student of parliamentary institutions. We allude
to the articles upon the "Register of Original Writs" contributed to
the _Harvard Law Review_ in 1889 and to the _Memoranda de Parliamento_
edited for the Rolls Series in 1893.
The Register of the wryttes orygynall and judiciall was first printed
by William Rastell in 1531. "In its final form when it gets into print
it is an organic book.... To ask for its date would be like asking for
the date of one of our great cathedrals. In age after age bishop after
bishop has left his mark upon the church; in age after age chancellor
after chancellor has left his mark upon the Register.... To ask for the
date of the Register is like asking for the date of English law." Yet
this vast and important repertory had never been made the subject of
critical examination. No one had examined the principles upon which the
printed book was constructed; no one had gone behind the printed book
to the manuscripts; no one had traced the life history of the organism,
had fixed the chronological sequence of the successive styles in the
cathedral. Yet until such critical work had been accomplished the
history of the extension of royal justice and of the growth of English
legal procedure could not be written in detail. Maitland's treatment of
the problem is one of the most beautiful specimens of his workmanship.
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