Anthony Fitzherbert
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| Anthony Fitzherbert | |
 brass monument in chancel floor of Norbury chrch to Anthony Fitzherbert and his wife
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| Born | 1470 Norbury |
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| Died | 27 May 1538 |
| Burial place | Norbury |
| Nationality | English |
| Education | unknown |
| Occupation | Judge |
| Religious beliefs | Catholic |
| Spouse | Dorothy Willoughby Matilda Cotton |
| Parents | Ralph Fitzherbert and Elizabeth Marshall |
Sir Anthony Fitzherbert (born 1470 - died 27 May 1538) was an English judge. He was the sixth son of Ralph Fitzherbert of Norbury, 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 readers [1] He was called to the degree of serjeant-at-law, 18 November, 1510, and six years later he was appointed king's serjeant.
He had already published (in 1514) his great digest of the Year Books which 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). In 1522 he was made a judge of common pleas and was knighted; 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 Husbandire; 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 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 brought out "that exact work, exquisitely penned" [2], La Novelle Natura Brevium, which remained one of the classical English law books until the end of the eighteenth century. His last works were the constantly reprinted L'Office et Auctoryté des justices de peas (1538), the first complete treatise on the subject, and L'Office de Viconts Bailiffes, Escheators, Constables, 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.
[edit] References
- This article incorporates text from the public-domain Catholic Encyclopedia of 1913.
