Page:Dictionary of National Biography volume 19.djvu/174

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Fitzherbert
168
Fitzherbert

inherited from his father in 1772. He was author of 'A Dialogue on the Revenue Laws,' and of a collection of moral 'Maxims.' He is also credited with an anonymous pamphlet 'On the Knights made in 1778.' By his wife Sarah, daughter of William Perrin, esq., of Jamaica, whom he married 14 Oct. 1777, he was father of two sons, Anthony (1779-1798) and Henry (1783-1858), who were respectively second and third baronets.

[Gray's Works (ed. 1884), in. 384-5; Hill's Boswell, i. 82-3; Hutton's Bland-Burges Papers, pp. 141-5, 189-90, 243, 250-1; Collins's Peerage (Brydges's ed.), ix. 156-7; Lord Minto's Life and Letters, i. 175, 295, ii. 413-14, iii. 341; Wraxall's Posthumous Memoirs (ed. 1884), v. 35; Lord Malmesbury's Diaries, i. 504-5, ii. 38-9, iii. 98, 199, 223-5; Bentham's Works, x. 261-2, 305-6, 319-20, 362, 429-31, xi. 118-120; Mary Frampton's Journal, p. 83; Gent. Mag. 1791 pt. ii. 777-8, April 1839 pp. 429-30, December 1839 p. 669; Catalogue of Cambridge Graduates; Burke's and Foster's Baronetages.]

W. P. C.

FITZHERBERT, Sir ANTHONY (1470–1538), judge, sixth son of Ralph Fitzherbert of Norbury, Derbyshire, by Elizabeth, daughter of John Marshall of Upton, Leicestershire, was a member of Gray's Inn. Wood states that he 'laid a foundation of learning' in Oxford, but gives no authority. The date of his entering Gray's Inn and of his call to the bar are unknown. His shield, however, was emblazoned on the bay window of the hall not later than 1580, where it was still to be seen in 1671, but from which it has since disappeared; and he is included in a list of Gray's Inn readers compiled in the seventeenth century from authentic materials by Sir William Segar, Garter king of arms, and keeper of Gray's Inn library (Douthwaite, Gray's Inn, p. 46). On 18 Nov. 1510 he was called to the degree of serjeant-at-law, and on 24 Nov. 1516 he was appointed king's Serjeant. About 1521-2 he was raised to the bench as a justice of the court of common pleas and knighted (Dugdale, Chron. Ser. pp. 79, 80, 81; Letters and Papers, For. and Dom. of the reign of Henry VIII, vol. iii. pt. ii. p. 889). In April 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 Earl of Kildare (concluded 28 July 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 September. On their return they received the hearty thanks of the king. 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 March 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 (State Papers, ii. 104-8; Letters and Papers, For. and Dom. of the reign of Henry VIII, vol. iv. pt. i. pp. 244, 352, 534; Hall, Chron. 1809, p. 685).

On 11 June 1529 Fitzherbert was one of the commissioners appointed to hear causes in chancery in place of the chancellor, Wolsey (Rymer, Fœdera, xiv. 299). 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.' On 1 June 1533 he was present at the coronation of Anne Boleyn. In 1534 he was with the council at Ludlow (Cobbett, State Trials, i. 377; Letters and Papers, For. and Dom. of the reign of Henry VIII, vol. iv. pt. iii. p. 272, vi. 263, vii. 545, 581). He was one of the commission that (29 April 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. He was also a member of the tribunals that tried Fisher and More in the following June and July. He appears as one of the witnesses to the deed dated 5 April 1537, by which the abbot of Furness surrendered his monastery to the king (Letters relating to the Suppression of Monasteries, Camd. Soc. p. 154). He died on 27 May 1538, and was buried in the parish church of Norbury.

Fitzherbert married twice: first, Dorothy, daughter of Sir Henry Willoughby of Wollaton, Nottinghamshire; second, Matilda, daughter and heir of Richard Cotton of Hamstall Ridware, Staffordshire. He had no children by his first wife, but several by his second [cf. Fitzherbert, Nicholas and Thomas]. The manor of Norbury is still in the possession of his posterity. The family has been settled at Norbury since 1125, when William, prior of Tutbury, granted the manor to William Fitzherbert. Though he never attained the position of chief justice, Fitzherbert possessed