Knowledge (XXG)

Anthony Fitzherbert

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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.
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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.
342: 260: 434:"... 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." 175:, 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 523:
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
330:(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". 353:, 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: 470:(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 242:
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.
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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.
426:, 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. 286:
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).
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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.
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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.
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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
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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.
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The book further points out the great advantages of enclosures; recommends "quycksettynge, dychynge, and hedgyng;" and gives particular directions about the
404:, 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 604: 524:
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
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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:
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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.
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was formerly questioned it is now regarded as established. Meanwhile, his integrity and ability caused much business to be entrusted to him.
903: 908: 688: 893: 673: 198:; but his new honours did not check his literary activity and in the following year (1523) he published three works: one on law, 898: 873: 149:(1470 – 27 May 1538) was an English judge, scholar and legal author, particularly known for his treatise on 878: 319:
by Fitzherbert, described as "that exact work, exquisitely penned", It is often cited in judgments today across the
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Reginald H. C. Fitzherbert. "The Authorship of the 'Book of Husbandry' and the 'Book of Surveying'."
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public nuisance has been treated as both a crime and a tort, the ingredients of each being the same.
525: 504: 172: 94: 71: 809: 741: 610:(1911) entry on Fitzherbert mention 1534 and 1539 as the publication dates of the husbandry works. 155: 834: 341: 168: 137: 721: 843: 48: 736: 529: 500: 187: 183: 450:, remained classical English law books until the end of the 18th century. His last works 496: 491: 479: 218: 852: 176: 758: 467: 259: 763: 210:. All three were frequently reprinted and though Sir Anthony's authorship of the 830: 400:
gave a clear and minute description of the rural practices of that period, from
316: 150: 808: 320: 276: 279:. This was the first systematic attempt to provide a summary of English law. 17: 528:. In the 1882 reprint by the English Dialectic Society the editor professor 475: 237:
The Offices of Sheryffes, Bailliffes, Escheatours, Constables, and Coroners
194:, described below. In 1522 he was made a judge of common pleas and was 471: 195: 482:, and then lay in a kind of dormant state till about the middle of 384: 340: 258: 456:
L'Office de Viconts Bailiffes, Escheators, Constables, Coroners
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In 1524 Fitzherbert was sent on a royal commission to Ireland;
512:(whose fine performance was printed at Florence in 1478) and 489:
About the time Anthony Fitzherbert in England published his
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The complete Farmer: or, a general Dictionary of Husbandry
186:, 18 November 1510, and six years later he was appointed 235:(1538), the first complete treatise on the subject, and 57:
Argent, a chief vairy gules and or overall a bend sable
486:'s reign, when it was rather revived than improved. 446:
Fitzherbert's treatise on English law, particularly
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English judge, scholar and legal author (1470–1538)
819:. Vol. 06. New York: Robert Appleton Company. 355:Ryght so euery man is capitayne of his owne soule. 345:Title page of the 1882 reprint of edition of 1534. 603:Multiple 19th century biographies, and even the 520:, who made his work public in the year 1528. 202:(tr. by Hughes in 1646); one on agriculture, 8: 275:, a collection of cases compiled out of the 206:; and one of law and agriculture combined, 732: 730: 709: 707: 705: 703: 701: 699: 584:L'Office et AuctorytĂ© des justices de peas 452:L'Office et AuctorytĂ© des justices de peas 295:common appurtenant for a certain number". 233:L'Office et AuctorytĂ© des justices de peas 42: 31: 754: 752: 550:DiversitĂ© de courtz et leur jurisdictions 360:enclosures; by which operation, he says, 200:DiversitĂ© de courtz et leur jurisdictions 794:Vol. 12, No. 46 (Apr. 1897), pp. 225–236 532:clearly argued in favour of the former. 182:Fitzherbert was called to the degree of 55:(FitzHerbert of Tissington) quartering: 869:People from Derbyshire Dales (district) 622: 596: 567:The Boke of Surveyinge and Improvements 208:The Boke of Surveyinge and Improvements 693:New York: The Macmillan Company. p. 36 402:The Boke of Surveying and Improvements 379:The Boke of Surveying and Improvements 840:Works by or about Anthony Fitzherbert 7: 674:Candler v Crane, Christmas & Co 25: 458:, were the constantly reprinted. 167:Fitzherbert was the sixth son of 813:. In Herbermann, Charles (ed.). 641:(2005) UKHL 63, per Lord Bingham 810:"Sir Anthony Fitzherbert"  718:An Encyclopædia of Agriculture. 653:(2001) UKHL 24, per Lord Scott 629:Douthwaite, Gray's Inn, p. 46. 552:, 1523 (tr. by Hughes in 1646) 430:most industrious housewives: 392:engraving from 1523 title page 271:Fitzherbert in 1514 published 1: 807:Burton, Edwin Hubert (1909). 792:The English Historical Review 53:Gules, three lions rampant or 889:16th-century English writers 884:Justices of the Common Pleas 831:Works by Anthony Fitzherbert 904:16th-century English judges 510:Crescenzio dell Agricoltura 59:(FitzHerbert of Swynnerton) 925: 909:Serjeants-at-law (England) 781:. T. Longman, 1793 p. ARG. 305: 894:16th-century male writers 575:La Novelle Natura Brevium 466:In the late 18th century 448:La Novelle Natura Brevium 409:moon. Early 19th century 313:La Novelle Natura Brevium 308:La Novelle Natura Brevium 300:La Novelle Natura Brevium 228:La Novelle Natura Brevium 41: 326:Fitzherbert, in his new 722:History of Archiculture 606:Encyclopædia Britannica 518:Palladius de Re Rustica 190:. In 1514 he published 147:Sir Anthony Fitzherbert 662:Coke, Reports X, Pref. 543:La Graunde Abridgement 420: 393: 346: 284:La Graunde Abridgement 273:La Graunde Abridgement 268: 265:La Graunde Abridgement 253:La Graunde Abridgement 225:In 1534, he published 204:The Boke of Husbandrie 192:La Graunde Abridgement 140:and Elizabeth Marshall 899:Burials in Derbyshire 874:English legal writers 816:Catholic Encyclopedia 689:Roman Farm Management 582:Anthony Fitzherbert. 572:Anthony Fitzherbert. 565:Anthony Fitzherbert. 557:The Boke of Husbandry 555:Anthony Fitzherbert. 548:Anthony Fitzherbert. 541:Anthony Fitzherbert. 415: 398:The Boke of Husbandry 388: 344: 262: 231:, and his last works 739:in: Introduction to 714:John Claudius Loudon 516:, the translator of 411:John Claudius Loudon 764:Essays on Husbandry 651:Bettison v. Langton 561:1882 edition online 526:Norbury, Derbyshire 505:Francesco Sansovino 36:Anthony Fitzherbert 879:Fitzherbert family 686:A Virginia Farmer 394: 347: 315:was a treatise on 269: 212:Boke of Husbandrie 156:New Natura Brevium 123:Dorothy Willoughby 835:Project Gutenberg 478:till the time of 406:Boke of Husbandry 390:Boke of Surveying 351:Boke of Husbandry 335:Boke of Husbandry 219:Archbishop Warham 169:Ralph Fitzherbert 144: 143: 138:Ralph Fitzherbert 86:(aged 67–68) 16:(Redirected from 916: 844:Internet Archive 820: 812: 795: 788: 782: 774: 768: 756: 747: 734: 725: 711: 694: 684: 678: 671:Per Denning LJ, 669: 663: 660: 654: 648: 642: 636: 630: 627: 611: 608:Eleventh Edition 601: 282:It was known as 263:1577 edition of 85: 49:Monumental brass 46: 32: 21: 924: 923: 919: 918: 917: 915: 914: 913: 849: 848: 827: 806: 798: 789: 785: 775: 771: 757: 750: 737:Walter W. Skeat 735: 728: 712: 697: 685: 681: 677:2 K.B. 164, 180 670: 666: 661: 657: 649: 645: 639:R. v Rimmington 637: 633: 628: 624: 620: 615: 614: 602: 598: 593: 538: 530:Walter W. Skeat 501:Camillo Tarello 464: 444: 383: 339: 310: 304: 257: 249: 188:king's serjeant 184:serjeant-at-law 165: 129: 83: 74: 69: 60: 37: 28: 23: 22: 15: 12: 11: 5: 922: 920: 912: 911: 906: 901: 896: 891: 886: 881: 876: 871: 866: 861: 851: 850: 847: 846: 837: 826: 825:External links 823: 822: 821: 797: 796: 783: 769: 748: 726: 695: 679: 664: 655: 643: 631: 621: 619: 616: 613: 612: 595: 594: 592: 589: 588: 587: 580: 570: 563: 553: 546: 537: 534: 497:Agostino Gallo 492:Natura Brevium 480:Constantine IV 463: 460: 443: 440: 436: 435: 382: 376: 368: 367: 349:Fitzherbert's 338: 332: 328:Natura Brevium 306:Main article: 303: 297: 256: 250: 248: 245: 164: 161: 142: 141: 135: 131: 130: 128: 127: 126:Matilda Cotton 124: 120: 118: 114: 113: 110: 106: 105: 102: 98: 97: 92: 88: 87: 80: 76: 75: 70: 66: 62: 61: 47: 39: 38: 35: 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 921: 910: 907: 905: 902: 900: 897: 895: 892: 890: 887: 885: 882: 880: 877: 875: 872: 870: 867: 865: 862: 860: 857: 856: 854: 845: 841: 838: 836: 832: 829: 828: 824: 818: 817: 811: 805: 804: 803: 802: 793: 787: 784: 780: 779: 773: 770: 766: 765: 760: 755: 753: 749: 745: 743: 738: 733: 731: 727: 723: 719: 715: 710: 708: 706: 704: 702: 700: 696: 692: 690: 683: 680: 676: 675: 668: 665: 659: 656: 652: 647: 644: 640: 635: 632: 626: 623: 617: 609: 607: 600: 597: 590: 585: 581: 578: 576: 571: 568: 564: 562: 558: 554: 551: 547: 544: 540: 539: 535: 533: 531: 527: 521: 519: 515: 511: 506: 502: 498: 495:, authors as 494: 493: 487: 485: 481: 477: 473: 469: 461: 459: 457: 453: 449: 441: 439: 433: 432: 431: 427: 425: 419: 414: 412: 407: 403: 399: 391: 387: 380: 377: 375: 371: 366: 363: 362: 361: 357: 356: 352: 343: 336: 333: 331: 329: 324: 322: 318: 314: 309: 301: 298: 296: 292: 288: 285: 280: 278: 274: 266: 261: 254: 251: 246: 244: 240: 238: 234: 230: 229: 223: 220: 215: 213: 209: 205: 201: 197: 193: 189: 185: 180: 178: 174: 170: 162: 160: 158: 157: 152: 148: 139: 136: 132: 125: 122: 121: 119: 115: 111: 107: 103: 99: 96: 93: 91:Resting place 89: 81: 77: 73: 67: 63: 58: 54: 50: 45: 40: 33: 30: 19: 18:A Fitzherbert 814: 801:Attribution: 800: 799: 791: 786: 776: 772: 762: 759:Walter Harte 746:. 1882 p. ix 740: 717: 687: 682: 672: 667: 658: 650: 646: 638: 634: 625: 605: 599: 583: 573: 566: 556: 549: 542: 536:Publications 522: 517: 513: 509: 490: 488: 484:Henry VIIIth 468:Walter Harte 465: 455: 454:(1538), and 451: 447: 445: 437: 428: 423: 421: 416: 405: 401: 397: 395: 389: 378: 372: 369: 364: 358: 354: 350: 348: 334: 327: 325: 312: 311: 299: 293: 289: 283: 281: 272: 270: 264: 252: 241: 236: 232: 226: 224: 216: 211: 207: 203: 199: 191: 181: 166: 154: 146: 145: 84:(1538-05-27) 56: 52: 29: 864:1538 deaths 859:1470 births 559:, 1523/34; 514:Pier Marino 462:Agriculture 413:explained: 317:English law 151:English law 101:Nationality 82:27 May 1538 853:Categories 618:References 508:we except 321:common law 277:Year Books 177:Gray's Inn 109:Occupation 569:, 1523/39 476:Columella 442:Reception 381:, 1523/39 337:, 1523/34 179:readers. 163:Biography 134:Parent(s) 720:Part 1. 196:knighted 159:(1534). 842:at the 767:. 1764. 724:. p. 41 716:(1825) 173:Norbury 117:Spouses 104:English 95:Norbury 72:Norbury 545:, 1514 472:Virgil 424:settes 396:While 302:, 1534 267:, 1518 255:, 1514 591:Notes 112:Judge 586:1538 579:1534 474:and 247:Work 79:Died 68:1470 65:Born 833:at 171:of 855:: 761:. 751:^ 729:^ 698:^ 503:, 499:, 239:. 153:, 744:. 691:. 577:, 20:)

Index

A Fitzherbert

Monumental brass
Norbury
Norbury
Ralph Fitzherbert
English law
New Natura Brevium
Ralph Fitzherbert
Norbury
Gray's Inn
serjeant-at-law
king's serjeant
knighted
Archbishop Warham
La Novelle Natura Brevium

Year Books
La Novelle Natura Brevium
English law
common law


John Claudius Loudon
Walter Harte
Virgil
Columella
Constantine IV
Henry VIIIth
Natura Brevium

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