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,[6] Robert Redman printed “The newe Boke of Justices of the Peas, by A. F. K. [Anthony Fitzherbert, Knight], lately translated out of French into English, In the yere of our Lord God, M.D.xxxviii. The 29 day of December, Cum priuilegio.”[7] Mr. Hobson’s list (Hist. Ashborne, p. 234) 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 (Berthelet, 1534), 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.
In the first place, the author of the Book of Husbandry was also the author of the Book of Surveying, as he tells us explicitly in his prologue to the latter book. But whoever wrote the Book of Surveying must have been a considerable lawyer. It is of a far more learned and technical character than the Book on Husbandry, and abounds with quotations from Latin statutes, which the author translates and explains. In Chap. 1 he says of a certain statute, that, _in his opinion_, it was made soon after the Battle of Evesham, in the time of Henry III.; and he frequently interprets statutes with the air of one whose opinion was worth having. In Chap, xi., he enlarges upon the mistakes made by lords, knights, squires, and gentlemen who know but little of the law. “They come to the court or sende their clerkes, that can [know] as litle law as their maister or lasse, but that he vnderstandeth a lytell latyn.” At the end of the same chapter, he is deep in law-terms, court-roll, fee simple, fee tayle, franke tenement, and all the rest of it. He then gives numerous forms, all in Latin, to be used by owners who wish to lease, grant, or surrender lands; but only a good lawyer would venture to recommend forms suitable for such important purposes.