407:
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.
33:
375:
828:
331:
363:
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.
249:
423:"... 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."
164:, 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
512:
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
418:
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
397:
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
362:
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
283:
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
496:
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
348:
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
210:
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
279:
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
406:
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
319:(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".
342:, 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:
459:(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
231:
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 remained Catholic and still own his estate of Norbury as well as the family seat at Swynnerton.
211:
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.
415:, 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.
275:
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).
359:
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.
312:
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.
766:
731:
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
354:
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.
411:
The book further points out the great advantages of enclosures; recommends "quycksettynge, dychynge, and hedgyng;" and gives particular directions about the
393:, 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
513:
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
40:
in chancel floor of
Norbury Church to Anthony Fitzherbert and his wife. The foremost standing lady wears a mantle on which are shown the following arms:
427:
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.
857:
203:
was formerly questioned it is now regarded as established. Meanwhile, his integrity and ability caused much business to be entrusted to him.
593:
677:
187:; but his new honours did not check his literary activity and in the following year (1523) he published three works: one on law,
877:
872:
892:
138:(1470 – 27 May 1538) was an English judge, scholar and legal author, particularly known for his treatise on
897:
882:
662:
308:
by
Fitzherbert, described as "that exact work, exquisitely penned", It is often cited in judgments today across the
887:
862:
549:
867:
779:
Reginald H. C. Fitzherbert. "The Authorship of the 'Book of Husbandry' and the 'Book of Surveying'."
563:
296:
280:
public nuisance has been treated as both a crime and a tort, the ingredients of each being the same.
216:
798:
730:
599:(1911) entry on Fitzherbert mention 1534 and 1539 as the publication dates of the husbandry works.
804:
710:
472:
32:
852:
847:
702:
399:
8:
514:
493:
439:, remained classical English law books until the end of the 18th century. His last works
161:
83:
60:
144:
823:
157:
126:
374:
832:
37:
752:
725:
518:
489:
199:. All three were frequently reprinted and though Sir Anthony's authorship of the
176:
172:
819:
389:
gave a clear and minute description of the rural practices of that period, from
485:
480:
468:
207:
797:
330:
841:
268:. This was the first systematic attempt to provide a summary of English law.
165:
517:. In the 1882 reprint by the English Dialectic Society the editor professor
747:
456:
226:
The Offices of Sheryffes, Bailliffes, Escheatours, Constables, and Coroners
305:
139:
309:
265:
183:, described below. In 1522 he was made a judge of common pleas and was
248:
464:
471:, and then lay in a kind of dormant state till about the middle of
366:
460:
445:
L'Office de Viconts Bailiffes, Escheators, Constables, Coroners
206:
In 1524 Fitzherbert was sent on a royal commission to Ireland;
184:
501:(whose fine performance was printed at Florence in 1478) and
478:
About the time Anthony Fitzherbert in England published his
767:
The complete Farmer: or, a general Dictionary of Husbandry
175:, 18 November 1510, and six years later he was appointed
224:(1538), the first complete treatise on the subject, and
46:
Argent, a chief vairy gules and or overall a bend sable
475:'s reign, when it was rather revived than improved.
435:
Fitzherbert's treatise on English law, particularly
16:
English judge, scholar and legal author (1470–1538)
808:. Vol. 06. New York: Robert Appleton Company.
344:Ryght so euery man is capitayne of his owne soule.
334:Title page of the 1882 reprint of edition of 1534.
287:
839:
592:Multiple 19th century biographies, and even the
240:
509:, who made his work public in the year 1528.
322:
191:(tr. by Hughes in 1646); one on agriculture,
264:, a collection of cases compiled out of the
195:; and one of law and agriculture combined,
721:
719:
698:
696:
694:
692:
690:
688:
573:L'Office et Auctoryté des justices de peas
441:L'Office et Auctoryté des justices de peas
284:common appurtenant for a certain number".
222:L'Office et Auctoryté des justices de peas
31:
743:
741:
539:Diversité de courtz et leur jurisdictions
349:enclosures; by which operation, he says,
189:Diversité de courtz et leur jurisdictions
783:Vol. 12, No. 46 (Apr. 1897), pp. 225–236
521:clearly argued in favour of the former.
373:
329:
247:
171:Fitzherbert was called to the degree of
44:(FitzHerbert of Tissington) quartering:
858:People from Derbyshire Dales (district)
716:
685:
669:
556:The Boke of Surveyinge and Improvements
197:The Boke of Surveyinge and Improvements
840:
795:
738:
682:New York: The Macmillan Company. p. 36
391:The Boke of Surveying and Improvements
368:The Boke of Surveying and Improvements
829:Works by or about Anthony Fitzherbert
663:Candler v Crane, Christmas & Co
13:
14:
909:
813:
447:, were the constantly reprinted.
156:Fitzherbert was the sixth son of
802:. In Herbermann, Charles (ed.).
630:(2005) UKHL 63, per Lord Bingham
799:"Sir Anthony Fitzherbert"
773:
759:
707:An Encyclopædia of Agriculture.
586:
524:
654:
645:
642:(2001) UKHL 24, per Lord Scott
633:
621:
618:Douthwaite, Gray's Inn, p. 46.
612:
541:, 1523 (tr. by Hughes in 1646)
450:
419:most industrious housewives:
381:engraving from 1523 title page
260:Fitzherbert in 1514 published
1:
796:Burton, Edwin Hubert (1909).
781:The English Historical Review
606:
42:Gules, three lions rampant or
878:16th-century English writers
873:Justices of the Common Pleas
820:Works by Anthony Fitzherbert
430:
151:
7:
893:16th-century English judges
499:Crescenzio dell Agricoltura
48:(FitzHerbert of Swynnerton)
10:
914:
898:Serjeants-at-law (England)
770:. T. Longman, 1793 p. ARG.
294:
883:16th-century male writers
564:La Novelle Natura Brevium
455:In the late 18th century
437:La Novelle Natura Brevium
398:moon. Early 19th century
302:La Novelle Natura Brevium
297:La Novelle Natura Brevium
289:La Novelle Natura Brevium
217:La Novelle Natura Brevium
122:
105:
97:
89:
79:
67:
53:
30:
23:
579:
315:Fitzherbert, in his new
711:History of Archiculture
595:Encyclopædia Britannica
507:Palladius de Re Rustica
235:
179:. In 1514 he published
136:Sir Anthony Fitzherbert
651:Coke, Reports X, Pref.
532:La Graunde Abridgement
409:
382:
335:
273:La Graunde Abridgement
262:La Graunde Abridgement
257:
254:La Graunde Abridgement
242:La Graunde Abridgement
214:In 1534, he published
193:The Boke of Husbandrie
181:La Graunde Abridgement
129:and Elizabeth Marshall
888:Burials in Derbyshire
863:English legal writers
805:Catholic Encyclopedia
678:Roman Farm Management
571:Anthony Fitzherbert.
561:Anthony Fitzherbert.
554:Anthony Fitzherbert.
546:The Boke of Husbandry
544:Anthony Fitzherbert.
537:Anthony Fitzherbert.
530:Anthony Fitzherbert.
404:
387:The Boke of Husbandry
377:
333:
251:
220:, and his last works
728:in: Introduction to
703:John Claudius Loudon
505:, the translator of
400:John Claudius Loudon
753:Essays on Husbandry
640:Bettison v. Langton
550:1882 edition online
515:Norbury, Derbyshire
494:Francesco Sansovino
25:Anthony Fitzherbert
868:Fitzherbert family
675:A Virginia Farmer
383:
336:
304:was a treatise on
258:
201:Boke of Husbandrie
145:New Natura Brevium
112:Dorothy Willoughby
824:Project Gutenberg
467:till the time of
395:Boke of Husbandry
379:Boke of Surveying
340:Boke of Husbandry
324:Boke of Husbandry
208:Archbishop Warham
158:Ralph Fitzherbert
133:
132:
127:Ralph Fitzherbert
75:(aged 67–68)
905:
833:Internet Archive
809:
801:
784:
777:
771:
763:
757:
745:
736:
723:
714:
700:
683:
673:
667:
660:Per Denning LJ,
658:
652:
649:
643:
637:
631:
625:
619:
616:
600:
597:Eleventh Edition
590:
271:It was known as
252:1577 edition of
74:
38:Monumental brass
35:
21:
20:
913:
912:
908:
907:
906:
904:
903:
902:
838:
837:
816:
787:
778:
774:
764:
760:
746:
739:
726:Walter W. Skeat
724:
717:
701:
686:
674:
670:
666:2 K.B. 164, 180
659:
655:
650:
646:
638:
634:
628:R. v Rimmington
626:
622:
617:
613:
609:
604:
603:
591:
587:
582:
527:
519:Walter W. Skeat
490:Camillo Tarello
453:
433:
372:
328:
299:
293:
246:
238:
177:king's serjeant
173:serjeant-at-law
154:
118:
72:
63:
58:
49:
26:
17:
12:
11:
5:
911:
901:
900:
895:
890:
885:
880:
875:
870:
865:
860:
855:
850:
836:
835:
826:
815:
814:External links
812:
811:
810:
786:
785:
772:
758:
737:
715:
684:
668:
653:
644:
632:
620:
610:
608:
605:
602:
601:
584:
583:
581:
578:
577:
576:
569:
559:
552:
542:
535:
526:
523:
486:Agostino Gallo
481:Natura Brevium
469:Constantine IV
452:
449:
432:
429:
425:
424:
371:
365:
357:
356:
338:Fitzherbert's
327:
321:
317:Natura Brevium
295:Main article:
292:
286:
245:
239:
237:
234:
153:
150:
131:
130:
124:
120:
119:
117:
116:
115:Matilda Cotton
113:
109:
107:
103:
102:
99:
95:
94:
91:
87:
86:
81:
77:
76:
69:
65:
64:
59:
55:
51:
50:
36:
28:
27:
24:
15:
9:
6:
4:
3:
2:
910:
899:
896:
894:
891:
889:
886:
884:
881:
879:
876:
874:
871:
869:
866:
864:
861:
859:
856:
854:
851:
849:
846:
845:
843:
834:
830:
827:
825:
821:
818:
817:
807:
806:
800:
794:
793:
792:
791:
782:
776:
769:
768:
762:
755:
754:
749:
744:
742:
734:
732:
727:
722:
720:
712:
708:
704:
699:
697:
695:
693:
691:
689:
681:
679:
672:
665:
664:
657:
648:
641:
636:
629:
624:
615:
611:
598:
596:
589:
585:
574:
570:
567:
565:
560:
557:
553:
551:
547:
543:
540:
536:
533:
529:
528:
522:
520:
516:
510:
508:
504:
500:
495:
491:
487:
484:, authors as
483:
482:
476:
474:
470:
466:
462:
458:
448:
446:
442:
438:
428:
422:
421:
420:
416:
414:
408:
403:
401:
396:
392:
388:
380:
376:
369:
364:
360:
355:
352:
351:
350:
346:
345:
341:
332:
325:
320:
318:
313:
311:
307:
303:
298:
290:
285:
281:
277:
274:
269:
267:
263:
255:
250:
243:
233:
229:
227:
223:
219:
218:
212:
209:
204:
202:
198:
194:
190:
186:
182:
178:
174:
169:
167:
163:
159:
149:
147:
146:
141:
137:
128:
125:
121:
114:
111:
110:
108:
104:
100:
96:
92:
88:
85:
82:
80:Resting place
78:
70:
66:
62:
56:
52:
47:
43:
39:
34:
29:
22:
19:
803:
790:Attribution:
789:
788:
780:
775:
765:
761:
751:
748:Walter Harte
735:. 1882 p. ix
729:
706:
676:
671:
661:
656:
647:
639:
635:
627:
623:
614:
594:
588:
572:
562:
555:
545:
538:
531:
525:Publications
511:
506:
502:
498:
479:
477:
473:Henry VIIIth
457:Walter Harte
454:
444:
443:(1538), and
440:
436:
434:
426:
417:
412:
410:
405:
394:
390:
386:
384:
378:
367:
361:
358:
353:
347:
343:
339:
337:
323:
316:
314:
301:
300:
288:
282:
278:
272:
270:
261:
259:
253:
241:
230:
225:
221:
215:
213:
205:
200:
196:
192:
188:
180:
170:
155:
143:
135:
134:
73:(1538-05-27)
45:
41:
18:
853:1538 deaths
848:1470 births
548:, 1523/34;
503:Pier Marino
451:Agriculture
402:explained:
306:English law
140:English law
90:Nationality
71:27 May 1538
842:Categories
607:References
497:we except
310:common law
266:Year Books
166:Gray's Inn
98:Occupation
558:, 1523/39
465:Columella
431:Reception
370:, 1523/39
326:, 1523/34
168:readers.
152:Biography
123:Parent(s)
709:Part 1.
185:knighted
148:(1534).
831:at the
756:. 1764.
713:. p. 41
705:(1825)
162:Norbury
106:Spouses
93:English
84:Norbury
61:Norbury
534:, 1514
461:Virgil
413:settes
385:While
291:, 1534
256:, 1518
244:, 1514
580:Notes
101:Judge
575:1538
568:1534
463:and
236:Work
68:Died
57:1470
54:Born
822:at
160:of
844::
750:.
740:^
718:^
687:^
492:,
488:,
228:.
142:,
733:.
680:.
566:,
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
