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THE TABLE 3

THE BOOK OF HUSBANDRY 9

NOTES 127

GLOSSARIAL INDEX 149

INTRODUCTION.

One question of chief interest respecting the volume here printed is--who was the author? We know that his name was "Mayster Fitzherbarde" , and the question that has to be settled is simply this--may we identify him with Sir Anthony Fitzherbert, judge of the Common Pleas, the author of the Grand Abridgment of the Common Law, the New Natura Brevium, and other legal works?

The question has been frequently discussed, and, as far as I have been able to discover, the more usual verdict of the critics is in favour of the supposed identity; and certainly all the evidence tends very strongly in that direction, as will, I think, presently appear.

Indeed, when we come to investigate the grounds on which the objections to the usually received theory rest, they appear to be exceedingly trivial; nor have I been very successful in discovering the opposed arguments. Bohn's edition of Lowndes' Bibliographer's Manual merely tells us that "the treatises on Husbandry and Surveying are by some attributed to the famous lawyer Sir Anthony Fitzherbert, by others to his brother John Fitzherbert."

In the Catalogue of the Huth Library, we find this note: "The Rev. Joseph Hunter was the first person to point out that the author of this work and the book on Surveying was a different person from the judge of the same name." It will be at once observed that this note is practically worthless, from the absence of the reference. After considerable search, I have been unable to discover where Hunter's statement is to be found, so that the nature of his objections can only be guessed at.

I cannot find that there is any reason for assigning the composition of the Book of Husbandry to John Fitzherbert, Sir Anthony's brother. It is a mere guess, founded only upon the knowledge that Sir Anthony had such a brother. It looks as though the critics who wish to deprive Sir Anthony of the honour of the authorship think they must concede somewhat, and therefore suggest his brother's name by way of compensation.

We have no proof that John Fitzherbert ever wrote anything, whilst Sir Anthony was a well-known author. All experience shows that a man who writes one book is likely to write another.

When we leave these vague surmises and come to consider the direct evidence, nearly all difficulties cease. And first, as to external evidence.

The author of the Book of Husbandry was also author of the Book of Surveying, as has always been seen and acknowledged. The first piece of distinct evidence on the subject is the statement of Thomas Berthelet. He prefixed some verses to Pynson's edition of the Book of Surveying , addressing the reader as follows:

The mention of "the boke longyng to a Justice of the peace" is interesting, as bringing us back again to Sir Anthony Fitzherbert. "In 1538," says Mr. Wallis, Robert Redman printed "The newe Boke of Justices of the Peas, by A. F. K. , lately translated out of French into English, In the yere of our Lord God, M.D.xxxviii. The 29 day of December, Cum priuilegio." Mr. Hobson's list mentions this as "the first work on the subject ever printed," but this is not the case. Wynkyn de Worde and Copland both printed, as early as 1515, "The Boke of Justices of the Peas, the charge, with al the proces of the Cessyons, Warrants, Superseders, wyth al that longyth to ony justice, &c." It is not pretended that this was our author's work; but he improved upon it, as he did also upon the Natura Brevium. In his preface to La Novel Natura Brevium , he says that the original book was written by a learned man, whom he does not name: and that it was esteemed as a fundamental book for understanding the law. In the course of its translations, and of the alteration of the laws, many things had been retained which were unnecessary, and much desirable matter was omitted. This was what induced him to compose the new one.

Upon this I have to remark, that it is incredible that Berthelet should mention a work which he knew to be by Sir Anthony Fitzherbert in one line, and in the next should proceed to speak of "Master Fitzherbarde" without a word of warning that he was speaking of a different person. The obvious inference is that the author of the Book on Surveying was, in his belief, the same person as the "A. F. K." who wrote "the boke longyng to a Justice of the peace." As it is, he takes no trouble about the matter; for he could hardly foresee that any difficulty would thence arise. It is remarkable how frequently writers just stop short of being explicit, because they think that, at the moment of writing, a fact is too notorious to be worth mentioning.

Here the direct external evidence ceases. We now come to consider the internal evidence, which is interesting enough.

Some other points of internal evidence have already been incidentally noticed, such as the author's familiarity with the mode of life of the rich; his lesson made for "a gentylmans seruaunte"; his readiness to try many ways of farming as an experimentalist who could afford to lose money; and his statement that Latin was no trouble to him. I proceed to notice a few more.

Again, at p. 65, he says that if he were to say too much about the faults of horses, he would break the promise that he made "at Grombalde brydge," the first time that he went to Ripon to buy colts. After some search as to the place here intended, I found, in Allen's History of Yorkshire, that one of the bridges over the Nidd near Knaresborough is called "Grimbald bridge;" and, seeing that Knaresborough is exactly due south of Ripon, it follows that the author came from the south of Knaresborough. We seem, in fact, to trace the general direction of his first ride to Ripon, viz. from his home to the farther side of Derbyshire, through the northwest corner of Scarsdale to Sheffield, and "so northward" through Leeds and Knaresborough. Nothing can be more satisfactory.

A very interesting point is the author's love of farming and of horses. As to horses, he tells us how he first went to Ripon to buy colts ; how many secrets of horse-dealing he could tell; how, in buying horses, he had been beguiled a hundred times and more ; how he used to say to his customers that, if ever they ventured to trust any horse-dealer, they had better trust himself ; and how he had in his possession at one time as many as sixty mares, and five or six horses . In this connection, it becomes interesting to inquire if Sir Anthony Fitzherbert was fond of horses likewise.

It so happens that this question can certainly be answered in the affirmative; and I have here to acknowledge, with pleasure and gratitude, the assistance which I have received from one of the family, the Rev. Reginald Fitzherbert, of Somersal Herbert, Derbyshire. He has been at the trouble of transcribing Sir Anthony's will, a complete copy of which he contributed to "The Reliquary," No. 84, vol. xxi. April, 1881, p. 234. I here insert, by his kind permission, his remarks upon the subject, together with such extracts from the will as seem most material for our present purpose.

"Sir Anthony married, secondly, the co-heir of Richard Cotton, and with her he acquired the estate of Hampstall Ridware, which he probably kept in his own hands, and farmed himself. He succeeded his brother John at Norbury in 1531, and died there in 1538, aged 68.

EXTRACTS FROM TESTAMENTUM ANTHONII FITZHERBERT.

"In nomine patris et filii et spiritus sancti Amen."

"I Anthony ffitzherbert oon of the kings Justices being hole in body and of parfite remembraunce thankes to almighty god make my last will and testament the xii day of October in the xxix^ yere of the Reign of king Henry the eight in fourme folowing ffirst I bequeth my soule to almighty god my saviour criste my Redemer and to our blissed Lady his mother and to Mighel my patron and to all the holy company of hevyn....

The will was proved at Lichfield, August 26, 1538.

I may add that the will mentions his wife dame Maude, his son Thomas, his three younger sons John, Richard, and William, and his daughter Kateryn; also his cousin Richard Coton and his wife Alice. Thomas Fitzherbert married the daughter of Sir Arthur Eyre.

Of Sir Anthony Fitzherbert, one of the best accounts seems to be that given in the Biographia Britannica, 1750, vol. iii. p. 1935, where Camden's statement as to his being "Chief Justice" is refuted. Briefly recapitulated, this account tells us that he was born in 1470, and was the younger son of Ralph Fitzherbert, Esq., of Norbury in Derbyshire; that he went to Oxford, and thence to the Inns of Court; was made a serjeant-at-law, Nov. 18, 1511; was knighted in 1516; was made one of his majesty's serjeants-at-law, and finally one of the Justices of the Court of Common Pleas in 1523. He died May 27, 1538, and was buried at Norbury. "Two things are mentioned in reference to his conduct; first, that, without fear of his power, he openly opposed Cardinal Wolsey in the heighth of his favour; the other, that, when he came to lie upon his death-bed, foreseeing the changes that were like to happen in the Church as well as State, he pressed his children in very strong terms to promise him solemnly, neither to accept grants, nor to make purchases of abbey-lands; which it is said they did, and adhered constantly to that promise, though much to their own loss." The authorities referred to are Pits, De Illustribus Angliae Scriptoribus, p. 707; Wood, Athenae Oxonienses, i. col. 50; Fuller, Worthies, Derbyshire, p. 233; Tanner, Bibliotheca Britannico-Hibernica, p. 283; Chronica Juridicialia, pp. 153, 155., etc.

The number of editions of the Book of Husbandry is so large, and many of these are nevertheless so scarce, that I do not suppose the list here subjoined is exhaustive; nor have I much information about some of them. I merely mention what I have found, with some authorities.

It hence appears that the book was frequently reprinted between 1523 and 1598, but the last of these editions was such as to destroy its popularity, and I am not aware that it was ever again reprinted except in 1767, when the Books on Husbandry and Surveying were reprinted together in a form strongly resembling the edition of 1534. The title of this book is--"Certain Ancient Tracts concerning the management of Landed Property reprinted. London, printed for C. Bathurst and J. Newbery; 1767." This is a fairly good reprint, with the old spelling carefully preserved; but has neither note nor comment of any kind. A copy of it kindly lent me by Mr. Furnivall has proved very useful.

The words italicised are all his own.

The Glossarial Index, a very full one, was almost entirely prepared, in the first instance, by my eldest daughter, though I have since added a few explanations in some cases, and have revised the whole, at the same time verifying the references. As to the meaning of a few terms, I am still uncertain.

Fitzherbert's general style is plain, simple, and direct, and he evidently has the welfare of his reader at heart, to whom he offers kindly advice in a manner least calculated to give offence. He is in general grave and practical, but there are a few touches of quiet humour in his remarks upon horse-dealing. "Howe be it I saye to my customers, and those that bye any horses of me, and euer they wil trust any hors-master or corser whyle they lyue, truste me." I would have trusted him implicitly.

There is just one more suggestion which I venture to make, though I fear, like most conjectures which are made with respect to Shakespeare, it is probably valueless. When King Lear appears, in Act iv. sc. 4--

The wood-cut on the title-page is copied from the edition of 1598. The longer handle of the plough is on the left. See the description on p. 128.

FOOTNOTES:

"And to euery of my seruentes that be used to Ryde with me," etc.; Sir A. Fitzherbert's Will, quoted below at p. xviii.

"Of late by experience I contriued, compyled, and made a Treatyse, ... and callyd it the booke of husbandrye;" Prol. to Book of Surveying.

The date is 1539; the words here quoted appear also in Berthelet's edition of 1546.

It is the family tradition , that the author of the Book of Husbandry was Sir Anthony Fitzherbert, and no other.

The date is, therefore, October 12, 1537.--W.W.S.

See p. 81.--W.W.S.

See p. 93.--W.W.S.

Probably printed in 1531, as it professes to be "amended, with dyuerse other thynges added thervnto;" for observe, that after this date, editions follow in quick succession.

The volume also contains a translation of Xenophon's Treatise of Household , written by "Gentian Heruet."

The colophon is the same. The Book on Surveying is dated 1539. The copy in the Cambridge Univ. Library contains the Husbandry ; Surveying ; and Xenophon ; all bound together.

Possibly James Roberts; see p. xxiv, note 1.

ERRATA.

THE BOKE OF HVSBANDRY.

Finis.

? The table.

PAGE

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