ANDERSON. 225 judgement upon her; and on the 25th of the fame month, Cimden'i he fat again in the Ihr-chamber, when lenience was pro- " nnal - nounced a^ainft th'is unhappy queen. In 1587, he f.t in the >S flar-chamber on fecretary Davifon, who was charged with hilling the warrant for the execution of the queen of Scots, contrary to queen Elizabeth's command, and without her knowledge: after the cauie had been heard, fir Roger Man- wood, chief baron of the exchequer, gave hi<* opinion firft, wherein he extolled the queen's clemency, which he the faid Davifon had prevented; and therefore he was for fining him ten thoufand pounds and imprifonment during the queen's pleafure. Chief juftice Anderfon fpoke next, and faid that Davifon had done /*//'"" nonjuJTe; that is, he had done what was right not in a due manner. In the proceedings;igainft thnfe, vhoendeavnured to fet up the Geneva difcipline, Anderfon greatly diftmguifhed him- felf; and as he flic wed great zeal on thele occafionsj foin the cafe of Udal, a puritan minifter, who was confined in 1589, and tried and condemned the year following, we find this Vlndlcatioa judge feveiely cenfured by Mr. Pierce. It is probable the of the Dif - judge himfelf was fenfible of the ill-will which his proceed- e d "n ings againft the diflenters from the eftabliflied church drew 1717. g' o, upon him; but it does not appear to have given him anyP <12 9 great pain, fince in 1596 we have an account of his going the northern rircuit, where he behaved with the fame rigour; declaring in his charges, that furh perfons as oppofed the eftab'ifhed church, oppofed her majefty's authotity, and were in that light enemies to the (late anJ difturbers of the public peace; wherefore of fuch he directed the grand juries to enquire, that they might be punidied. He was indeed a very ftrid lawyer, who governed himfelf entirely by ftatutcs : this he {hewed on many occafions, particularly at the trial of Henry CufFe, fecretary to the earl of Efi'ex, where the attor- ney general charging the prifoner fyllogiftically, and CufFe anfwering him in the fame ftyle, lord chief juftice Anderfon laid fmartly, " I fit here to judge of law, and not of logic;"camHen's and dire&ed Mr. attorney to prefs the ftatute of Edward III.Anmis, on which Mr. CufFe was indidled. He was repined fevere, A ' D< l6 * ' and {trift in the obfervation of what was taught in courts, and laid down as law by reports; but this ought to be confi- dered as a vulgar opinion, for we have his ex prefs declaration. to the contrary, and that he neither expecled precedents in all cafes, nor would be bound by them where he faw they were not founded upon juftice, but would act as if there were no fuch precedents. Of this we have a proof 1 from the Re- Vot. I. Q, ports
