Sir Anthony Fitzherbert (147027 May 1538) was an English judge, scholar and legal author, particularly known for his treatise on

English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...

, ''

New Natura Brevium ''La Novelle Natura Brevium'' (1534) was a treatise on English law by Anthony Fitzherbert. It is often cited in judgments today across the common law world, and represents an important tract on the rules of common law in the 16th century. *On sk ...

'' (1534).

Biography

Fitzherbert was the sixth son of Ralph Fitzherbert of

Norbury Norbury is an area of south London. It shares the postcode London SW16 with neighbouring Streatham. Norbury is south of Charing Cross. Etymology The name Norbury derives from ''North Burh'', (North Borough). Some local histories note tha ...

, Derbyshire, and Elizabeth Marshall. His brothers died young so he succeeded his father as Lord of the manor of Norbury, an estate granted to the family in 1125. Wood states that he was educated at Oxford, but no evidence of this exists; nor is it known at which of the inns of court he received his legal training, though he is included in a list of

Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...

readers. Fitzherbert was called to the degree of

serjeant-at-law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are writ ...

, 18 November 1510, and six years later he was appointed

king's serjeant A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are writ ...

. In 1514 he published ''La Graunde Abridgement'', described below. In 1522 he was made a judge of common pleas and was

knight A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the Gr ...

ed; but his new honours did not check his literary activity and in the following year (1523) he published three works: one on law, ''Diversité de courtz et leur jurisdictions'' (tr. by Hughes in 1646); one on agriculture, ''The Boke of Husbandrie''; and one of law and agriculture combined, ''The Boke of Surveyinge and Improvements''. All three were frequently reprinted and though Sir Anthony's authorship of the ''Boke of Husbandrie'' was formerly questioned it is now regarded as established. Meanwhile, his integrity and ability caused much business to be entrusted to him. In 1524 Fitzherbert was sent on a royal commission to Ireland;

Archbishop Warham William Warham ( – 22 August 1532) was the Archbishop of Canterbury from 1503 to his death. Early life and education Warham was the son of Robert Warham of Malshanger in Hampshire. He was educated at Winchester College and New College, Oxford ...

appointed him by will sole arbitrator in the administration of his estate; and in 1529 when Wolsey fell, he was made a commissioner to hear chancery causes in place of the chancellor, and he subsequently signed the articles of impeachment against him. As one of the judges he unwillingly took part in the trials of the martyrs Fisher, More, and Haile, but he strongly disapproved of the king's ecclesiastical policy, particularly the suppression of the monasteries and he bound his children under oath never to accept or purchase any abbey lands. In 1534 he published '' La Novelle Natura Brevium'', and his last works ''L'Office et Auctoryté des justices de peas'' (1538), the first complete treatise on the subject, and ''The Offices of Sheryffes, Bailliffes, Escheatours, Constables, and Coroners''. Sir Anthony was twice married, first to Dorothy Willoughby who died without issue, and secondly to Matilda Cotton by whom he had a large family. His descendants have remained Catholic and still own his estate of Norbury as well as the family seat at Swynnerton.

Work

''La Graunde Abridgement'', 1514

Fitzherbert in 1514 published ''La Graunde Abridgement'', a collection of cases compiled out of the

Year Books The Year Books are the modern English name that is now typically given to the earliest law reports of England. Substantial numbers of manuscripts circulated during the later medieval period containing reports of pleas heard before the Common B ...

. This was the first systematic attempt to provide a summary of English law. It was known as ''La Graunde Abridgement'' and has often been reprinted, both entire and in epitomes, besides forming the foundation of all subsequent abridgments. He also brought out an edition of "Magna charta cum diversis aliis statutis" (1519). It was held by Fitzherbert J, as early as 1536 (YB 27 Hy VIII Mich pl 10) that a member of the public could sue for a common or public nuisance if he could show that he had suffered particular damage over and above the ordinary damage suffered by the public at large. To the present day, causing a public nuisance has been treated as both a crime and a tort, the ingredients of each being the same. Attributed in Year Book 26 Hen 8 TT, p 4 c 15 (ed 1679) to Fitzherbert J: "for one can create common appurtenant at this day, and one can alienate it, and sever it from the land to which it is appurtenant ..." The author comments, at p 273, that "the passage ... must be understood as applying only to common appurtenant for a certain number".

''La Novelle Natura Brevium'', 1534

''La Novelle Natura Brevium'' was a treatise on

by Fitzherbert, described as "that exact work, exquisitely penned", It is often cited in judgments today across the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

world, and represents an important tract on the rules of common law in the 16th century. It remained one of the classical English law books until the end of the 18th century. Fitzherbert, in his new ''Natura Brevium'' (1534) 94D, says that:"If a smith prick my horse with a nail, I shall have my action on the case against him, without any warranty by the smith to do it well"; and he supports it with an excellent reason: "for it is the duty of every artificer to exercise his art rightly and truly as he ought".

''Boke of Husbandry'', 1523/34

Fitzherbert's ''Boke of Husbandry'', published in 1523/34, is one of the classics of English agriculture, and justly, for it is full of shrewd observation and deliberate wisdom expressed in a virile style, with agreeable leaven of piety and humour. Fitzherbert anticipated a modern poet, Henley, in one of his most happy phrases: ''Ryght so euery man is capitayne of his owne soule.''A Virginia Farmer '' Roman Farm Management.'' New York: The Macmillan Company. p. 36 The book contains directions for draining, clearing, and enclosing a farm; and for enriching and reducing the soil to tillage. Lime, marl, and fallowing are strongly recommended. The landlords are advised to grant leases to farmers who will surround their farms, and divide them by hedges into proper enclosures; by which operation, he says, :''If an acre of land be worth sixpence before it is enclosed, it will be worth eightpence when it is enclosed, by reason of the compost and dunging of the cattle.'' Another reason is, that it will preserve the corn without the expense of a herdsman. From the time of the appearance of this work, in 1534, Harte dates the revival of husbandry in England.

John Claudius Loudon John Claudius Loudon (8 April 1783 – 14 December 1843) was a Scottish botanist, garden designer and author. He was the first to use the term arboretum in writing to refer to a garden of plants, especially trees, collected for the purpose of ...

(1825) ''An Encyclopædia of Agriculture.'' Part 1
History of Archiculture
p. 41 The author does not speak of husbandry only, but of other points. The other points are the breeding of horses (not a necessary part of a farmer's business), the selling of wood and timber, grafting of trees, a long discourse upon prodigality, remarks upon gaming, a discussion of "what is riches," and a treatise upon practical religion, illustrated by Latin quotations from the fathers, and occupying no small portion of the work. This is not the work of a practical farmer, in the narrow acceptation of the term, meaning thereby one who farms to live ; but it is clearly the work of a country gentleman, rich in horses and in timber, acquainted with the extravagant mode of life often adopted by the wealthy, and at the same time given to scholarly pursuits and to learned and devout reading. Walter W. Skeat in: Introduction to
The book of husbandry by Master Fitzherbert ; reprinted from the edition of 1534, and edited with an introduction, notes, and glossarial index, by Walter W. Skeat
''. 1882 p. ix

''The Boke of Surveying and Improvements'', 1523/39

While ''The Boke of Husbandry'' gave a clear and minute description of the rural practices of that period, from ''The Boke of Surveying and Improvements'', may be learned a good deal of the economy of the feudal system in its decline. The first 1523 editions of the books are very rare. The 1523 edition of the ''Boke of Husbandry'' is remarkable for the engraving upon the title page, representing two oxen drawing a plough with drivers. The author writes from his own experience of more than forty years; and, if we except his biblical allusions, and some vestiges of the superstition of the Roman writers about the influence of the moon. Early 19th century

explained:

There is very little of his work that should be omitted, and not a great deal of subsequent science that need be added, with regard to the culture of corn, in a manual of husbandry adapted to the present time. It may surprise some of the agriculturists of the present day, an eminent agricultural writer remarks, to be told that, after the lapse of almost three centuries, Fitzherbert's practice, in some material branches, has not been improved upon; and that in several districts abuses still exist, which were as clearly pointed out by him at that early period, as by any writer of the present age. His remarks on sheep are so accurate, that one might imagine they came from a storemaster of the present day: those on horses, cattle, etc., are not less interesting; and there is a very good account of the diseases of each species, and some just observations on the advantage of mixing different kinds in the same pasture. Swine and bees conclude this branch of the work.

The book further points out the great advantages of enclosures; recommends "quycksettynge, dychynge, and hedgyng;" and gives particular directions about the ''settes'', and the method of training a hedge, as well as concerning the planting and management of trees. We have then a short information "for a yonge gentylman that intendeth to thryve," and a "prolouge for the wive's occupation," in some instances. Among other things, she is to "make her husband and herself some clothes;" and "she may have the lockes of the shepe, either to make blankettes and coverlettes, or both." This is not so much amiss; but what follows, according to Loudon (1825) will bring our learned judge into disrepute, even with our most industrious housewives: : "... It is a wive's occupation to wynowe all manner of cornes, to make malte, to washe and wrynge, to make heye, shere corne, and, in time of nede, to helpe her husbande to fyll the muckewayne or dounge carte, drive the ploughe, to loade heye, corne, and suche other. And to go or ride to the market, to sel butter, chese, mylke, egges, chekyns, capons, hennes, pygges, gese, and all manner of cornes." The rest of the book contains some useful advice about diligence and economy; and concludes, after the manner of the age, with many pious exhortations.

Reception

Fitzherbert's treatise on English law, particularly ''La Novelle Natura Brevium'', remained classical English law books until the end of the 18th century. His last works ''L'Office et Auctoryté des justices de peas'' (1538), and ''L'Office de Viconts Bailiffes, Escheators, Constables, Coroners'', were the constantly reprinted.

Agriculture

In the late 18th century

Walter Harte Walter Harte (1709–1774) was an English poet and historian. He was a friend of Alexander Pope, Oxford don, canon of Windsor, and vice-principal of St. Mary's Hall, Oxford. The son of the Reverend Walter Harte, a fellow of Pembroke College, Ox ...

(1764) observed, that from the multitude of books published on the subject of cultivating the earth, one would have imagined the art to have been more studied than it really has been. Since upon the whole it continued in a sort of declining condition from the days of

Virgil Publius Vergilius Maro (; traditional dates 15 October 7021 September 19 BC), usually called Virgil or Vergil ( ) in English, was an ancient Roman poet of the Augustan period. He composed three of the most famous poems in Latin literature: t ...

and

Columella Lucius Junius Moderatus Columella (; Arabic: , 4 – ) was a prominent writer on agriculture in the Roman Empire. His ' in twelve volumes has been completely preserved and forms an important source on Roman agriculture, together with the wo ...

till the time of

Constantine IV Constantine IV ( la, Constantinus; grc-gre, Κωνσταντῖνος, Kōnstantînos; 650–685), called the Younger ( la, iunior; grc-gre, ὁ νέος, ho néos) and sometimes incorrectly the Bearded ( la, Pogonatus; grc-gre, Πωγων ...

, and then lay in a kind of dormant state till about the middle of

Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...

th's reign, when it was rather revived than improved.

.
Essays on Husbandry
'. 1764. About the time Anthony Fitzherbert in England published his ''

Natura Brevium ''La Novelle Natura Brevium'' (1534) was a treatise on English law by Anthony Fitzherbert. It is often cited in judgments today across the common law world, and represents an important tract on the rules of common law in the 16th century. *On s ...

'', authors as

Agostino Gallo Agostino Gallo (14 May 1499 – 6 September 1570) was an Italian agronomist. Although not a man of letters, Agostino Gallo contributed greatly to the store of written agricultural knowledge of his time. He improved methods of cultivating Ita ...

Camillo Tarello Camillo Tarello (c. 1513 – 1573) was a Venetian agronomist, known as author of ''Ricordo d'agricoltura di M. Camillo Tarello'', and for his patent of a new system in agriculture based on crop rotation granted by the Venetian Senate in 1566. ...

Francesco Sansovino Francesco Tatti da Sansovino (1521–1586) was a versatile Italian scholar, humanist (one of the most important of his century) and man of letters, also known as a publisher. Biography Francesco Sansovino was born in Rome, the son of the sc ...

and others in Italy, published several considerable books in agriculture. These Italian writers on husbandry, made the ancients of their country their text and model, and are looked upon to be excellent in language, and no ways defective in experience and knowledge. But Fitzherbert was the first, if we except ''Crescenzio dell Agricoltura'' (whose fine performance was printed at Florence in 1478) and ''Pier Marino'', the translator of ''Palladius de Re Rustica'', who made his work public in the year 1528. Fitzherbert's books on agriculture soon raised a spirit of emulation in his countrymen, and many treatises of the same kind successively appeared. The two treaties on husbandry were republished in 1534 and 1539, and many times beyond, but these versions became the most known. Over time the authorship of the "Boke of Husbandry" and the "Boke of Surveying" have been questioned, whether it was Anthony Fitzherbert or his eldest brother, John Fitzherbert of Norbury, Derbyshire. In the 1882 reprint by the English Dialectic Society the editor professor Walter W. Skeat clearly argued in favour of the former.Reginald H. C. Fitzherbert. "The Authorship of the 'Book of Husbandry' and the 'Book of Surveying'." ''The English Historical Review'' Vol. 12, No. 46 (Apr. 1897), pp. 225–236

Publications

* Anthony Fitzherbert. ''La Graunde Abridgement'', 1514 * Anthony Fitzherbert. ''Diversité de courtz et leur jurisdictions'', 1523 (tr. by Hughes in 1646) * Anthony Fitzherbert. ''The Boke of Husbandry'', 1523/34 ; 1882 edition online * Anthony Fitzherbert. ''The Boke of Surveyinge and Improvements'', 1523/39 * Anthony Fitzherbert. '' La Novelle Natura Brevium,'' 1534 * Anthony Fitzherbert. ''L'Office et Auctoryté des justices de peas'' 1538

Notes

References

Attribution: *

External links

* * {{DEFAULTSORT:Fitzherbert, Anthony 1470 births 1538 deaths People from Derbyshire Dales (district) English legal writers Justices of the Common Pleas 16th-century English writers 16th-century male writers Burials in Derbyshire 16th-century English judges Serjeants-at-law (England)