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
In the course of his researches for the _History of English Law_
Maitland had been drawn into the unfamiliar region of ecclesiastical
jurisprudence, a department of knowledge once of the highest importance
throughout Europe, but, save for one exception, fallen into complete
desuetude at the English Universities ever since the study of the
Canon Law was proscribed by Henry VIII. The exception was provided
by William Stubbs. That great master of medieval history had from his
Oxford Chair delivered and subsequently published two lectures upon the
Canon Law in England. A stout patriot and a high Anglican, Stubbs was
concerned to exhibit the continuity of the English Church before and
after the Reformation; and both in his Oxford lectures and in a famous
report drawn up for the Royal Commission on Ecclesiastical Courts he
gave the weight of his authority to the opinion that the Canon Law of
Rome, though held to be of great authority in England during the Middle
Ages, was not recognised to be binding on the Courts Christian of this
country. The verdict of so fine a scholar was eagerly welcomed by men
of High Church opinions. If the Canon Law was not binding, then the
Church of England was never in the full sense ultramontane, and the
changes of the sixteenth century did not amount to revolution. Zealots
went further still. There were those who, as Maitland wittily observed,
seemed to believe that the Church of England was "Protestant before the
Reformation and Catholic afterwards."
In the quarrel between the Highs and Lows Maitland had no interest.
Then, as always, he was a dissenter from all the Churches: but
historical truth was precious to him, and in the course of the summer
of 1895, while engaged in the preparation of a course of lectures upon
the Canon Law, he became gradually aware that the received opinion
could no longer stand. The agent of his conversion, if conversion it
can be called, was the _Provinciale_ of William Lyndwood, a popular
text-book written in 1430 by the principal official of the Archbishop
of Canterbury, and representative of the accepted opinion in the
century preceding the Protestant Reformation. The following letter to
Mr R. L. Poole explains the genesis of a book which has permanently
deflected the current of historical opinion.
* * * * *
HORSEPOOLS,
STROUD.
_15th August, 1895._
Public-domain text, read in full here on John Shaqi.
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