Sir Anthony FITZHERBERT of Norbury

Born: ABT 1466

Died: 27 May 1538

Mother: Elizabeth MARSHALL

Married 1: Dorothy WILLOUGHBY

Children:

1. Dorothy FITZHERBERT

Married 2: Maud COTTON (b. 1488 - d. 1551) (dau. of Richard Cotton of Rudware and Jane Brereton)

Children:

2. Thomas FITZHERBERT of Norbury, Padley and Hamstall Ridware (Sir)

3. Jane FITZHERBERT

4. John FITZHERBERT of Padley Hall

5. William FITZHERBERT of Swynnerton (MP)

6. Anthony FITZHERBERT

7. Elizabeth FITZHERBERT

8. Catherine FITZHERBERT

9. Richard FITZHERBERT of Harlesmere

Sixth son of Ralph Fitzherbert of Norbury, Derbyshire, and Elizabeth Marshall. His brothers dying young, he succeeded his father as lord of the manor of Norbury, an estate granted to the family in 1125 and still in their hands. 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 (Douthwaite, Gray's Inn, p. 46.)

He was called to the degree of serjeant-at-law, 18 Nov 1510, and six years later he was appointed king's serjeant. He had already published in 1514 his great digest of the yearbooks 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 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 Apr 1524 he was commissioned to go to Ireland with Sir Ralph Egerton, and Dr. James Denton, dean of Lichfield, to attempt the pacification of the country. The commissioners arrived about midsummer, and arranged a treaty between the deputy, the Earl of Ormonde, and the Gerald Fitzgerald, ninth Earl of Kildare (concluded 28 Jul 1524), whereby, after making many professions of amity, they agreed to refer all future differences to arbitration, the final decision, in the event of the arbitrators disagreeing, to rest with the lord chancellor of England and the privy council, Kildare in the meantime making various substantial concessions. The commissioners left Ireland in Sep. On their return they received the hearty thanks of Henry VIII. During the next few years Fitzherbert's history is all but a blank. There is, however, extant a letter from him to Wolsey dated at Carlisle, 30 Mar 1525, describing the state of the country as very disturbed, and hinting that it was the 'sinister policy' of Lord Dacre to make and keep it so.

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. On 11 Jun 1529 Fitzherbert was one of the commissioners appointed to hear causes in chancery in place of the chancellor, Wolsey. On 1 Dec following he signed the articles of impeachment exhibited against Wolsey, one of them being to the effect that 'certain bills for extortion of ordinaries' having been found before Fitzherbert, Wolsey had the indictments removed into the chancery by certiorari, and rebuked the same Fitzherbert for the same cause.

"This Indenture tripartite, made the tenthe dey of Marche, the xxitie, yere of the raigne of King Henry the viiite, betwext Roger Luptone, clerke, executor of the testament of Hugh Denys, Esquier, decesed, and Gyles Capel, Knyght, and Mary [De Ros] his wyf, executrix, withe the seid Roger, of the testa ment of the seid Hugh Denys, of the ton parte; and Agnes, Abbes of the Monastery of Sent Sauiour, and of the Seyntes Marye the Virgyn and Byrgitt of Syon, of the order of Seynt Austen, Sent Savyour called, and the couent of the same place, of the second parte; and John Joborne, Prior of the Howse of Jhesu of Bethelem, of Shene, of the Order of Cartusien, and the Covent of the same, of the third parte; Witnesseth, that it is couenaunted, accorded, and agreed betwexte the seid partes in manere and forme folowing, that is to say, where the seid Hugh Denys, by his testament and last wylle, amonge other willed and declared that alle such persons, and ther heris, as then were enfeffed or seased to his vse of and yn his man neris of Osterlee, Wyke, Portpole called Greyes Inne, his landis and tenementis in the county of Midd. and of and in alle his other landis and tenementis, whiche he late purchased of Robert Chesman yn the seid county of Midd. scholld stond still seased therof to the vse of hym and his heris and assingnes to performe therewith his last wille for finding of too honest seculer prestis in the chapell of alle Aungellis, by West Brayn ford brige, yn the seid county of Midd...

And suche evidences and writinges as concerne and belong as well to the londes and tenementes appoynted or remaynyng to the seid priour and couent of Shene, as also to the other manours and landis per teynyng or appoynted to the seid abbes of Syon, and to her successors, by these indenturis, to be orderede for the suertie of the seid abbes and priour, and ther successoris, as shalbe thought resonable by Rychard Lyster, chef baron of the Kingis escheker, and Antony Fitzharbert, knight, oone of the Kingis justes of the commen place, or by the counsell lerned of the seid abbes and of the seid priour. And, moreouere, the seid abbes and couent of Syon couenaunte and graunte unto the seid priour and his successours that they byfore the fest of the Nativite of owre lord next comyng after the date of these pre sence, by ther dede sufficiente in the lawe, seled with ther couent sealle, shall graunte for them and ther successours to the seid priour and couent of Shene, and to their successours, an annuyte or annuell rent of xxli rely, yeto be perseyuid at the seid house of Syon the viſſth day of Aprell and the xiiitli day of October, bytwixt oon of the clok at after none andfoure of the clok at after none of the same days by evyn porcions."

On 1 Jun 1533 he was present at the coronation of Anne Boleyn. In 1534 he was with the council at Ludlow.

He was one of the commission that (29 Aprl 1535) tried the Carthusians, Robert Feron, John Hale, and others, for high treason under the statute 25 Hen. VIII, c. 22, the offence consisting in having met and conversed too freely about the king's marriage. 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" (Coke, Reports X, Pref.), "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, and secondly to Matilda Cotton by whom he had a large family. Will 12 Oct 1537, proved 26 Aug 1538, states:

"And my body to be buried in Christian burial where I die in that parish without great cost but only to poor people, and the residue to be done by the discretion of my executors and other my friends that be with me at my decease;

And to the Charterhouses of Mountgrace and Beauvale, to every of them 40s;

And to the Monastery of Syon 40s;

And to every of the friar-houses of Lichfield, Stafford and Derby 10s to say trentals for my soul;

And to the cathedral church of Lichfield I bequeath five marks to be bestowed as the master and canons think meet to the honour of God;

And I bequeath 40s to amend the highways betwixt Abbots Bromley and Uttoxeter;

And to Sir Thomas [sic] Fitzwilliam, Lord Admiral, five marks and the best horse or gelding that I have;

And to Humphrey Cotton 5 marks;

Francis Cotton, five marks and a gelding or a [f. 160r] horse of 40s price;

And to every of my household servants a quarter wages besides their wages due;

And to every of my servants that be used to ride with me one heifer of two year old and upward, or else one field colt of that age;

And to every of my godchildren in Ridware 3s 4d;

And to every of daughters five marks, and to every of their husbands one ring of gold of 20s price;

And to Sir Henry Sacheverell and to Sir William Basset, to every of them one horse-colt of two years old and above;

And to my son, Thomas, I bequeath him all such heirlooms at Norbury as were left to me as appeareth by my brother’s will, and to be of like value, trusting that he will leave like heirlooms to the heir males at Norbury of the Fitzherbert..."

A monument for Sir Anthony Fitzherbert is at Norbury Church.

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