Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/21

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SELECT ESSAYS
IN
ANGLO-AMERICAN LEGAL HISTORY

—————

1. A PROLOGUE TO A HISTORY OF ENGLISH LAW[1]



By Frederic William Maitland[2]

SUCH is the unity of all history that any one who endeavours to tell a piece of it must feel that his first sentence tears a seamless web. The oldest utterance of English law that has come down to us has Greek words in it: words such as bishop, priest, and deacon.[3] If we would search out the origins of Roman law, we must study Babylon: this at least was the opinion of the great Romanist of our own day.[4] A statute of limitations must be set; but it must be arbitrary. The web must be rent; but, as we rend it, we may watch

  1. This essay was first published in the Law Quarterly Review, 1898, vol. XIV, pp. 13-33; and afterwards was prefixed to the second edition of the "History of English Law," 1899 (Cambridge, University Press; Boston, Little, Brown & Co.).
  2. 1850-1906; M. A., Trinity College (Cambridge); Barrister of Lincoln's Inn; Reader of English Law at Cambridge, 1888; Downing Professor of the Laws of England at Cambridge, 1888-1906; Bencher of Lincoln's Inn ; LL. D., D. C. L., Oxford, Glasgow, Cracow.

    Other Publications: Gloucester Pleas, 1884; Justice and Police, 1885; Bracton's Note-Book, 1887; History of English Law before the Time of Edward I (with Sir F. Pollock), 1895; Domesday Book and Beyond, 1897; Township and Borough, 1898; Canon Law in England, 1898; Introduction to Gierke's Political Theories of the Middle Ages, 1900; English Law and the Renaissance, 1901; prefaces to several volumes of the Selden Society's publications; editor of the Year-Books of Edward II (Selden Society, 1904-6). The miscellaneous essays and minor books of Professor Maitland are now being edited for publication in collected form by the University Press, Camoridge (Eng.).

  3. Æthelb. 1.
  4. Ihering, Vorgeschichte der Indoeuropäer[1]; see especially the editor's preface.