英国法学家都承认,英国的法律拟制、衡平和立法,作为英国人创制法律的方法或手段,是英国人独特地创造,最能体现英国法特点、也最值得英国人骄傲的。然而,通过对英国法历史发展的考察,梅因发觉英国古代的法律拟制、衡平,无法割裂其与罗马法的联系。首先,梅因在研究法律拟制用语时确信:“我认为英国的判例法和罗 British jurists have acknowledged that the legal formulation, equity and legislation of the United Kingdom, as a method or means by which the British people create law, are uniquely created by the British, which best embodies the characteristics of English law and most pride of the British people. However, through the investigation of the development of the history of English law, she found that the laws of ancient England were fictionalized and balanced and could not be used to break their connection with Roman law. First, she was convinced of the legal formulation of the term: ”I think the English case law and Law