Edmund Anderson (judge)
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Sir Edmund Anderson (15301 August 1605), Chief Justice of the Common Pleas under
Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". Eli ...
, sat as judge at the trial of
Mary, Queen of Scots Mary, Queen of Scots (8 December 1542 – 8 February 1587), also known as Mary Stuart or Mary I of Scotland, was Queen of Scotland from 14 December 1542 until her forced abdication in 1567. The only surviving legitimate child of James V of S ...
.


Life

The Anderson family originated in Scotland and then came to
Northumberland Northumberland () is a county in Northern England, one of two counties in England which border with Scotland. Notable landmarks in the county include Alnwick Castle, Bamburgh Castle, Hadrian's Wall and Hexham Abbey. It is bordered by land ...
. They settled in
Lincolnshire Lincolnshire (abbreviated Lincs.) is a Counties of England, county in the East Midlands of England, with a long coastline on the North Sea to the east. It borders Norfolk to the south-east, Cambridgeshire to the south, Rutland to the south-we ...
in the 14th century and became a prominent family there. Sir Edmund Anderson, son of Edward Anderson, was born in Flixborough in Lincolnshire c. 1530. He received the first part of his education in the country and then spent a brief period at
Lincoln College, Oxford Lincoln College (formally, The College of the Blessed Mary and All Saints, Lincoln) is one of the constituent colleges of the University of Oxford, situated on Turl Street in central Oxford. Lincoln was founded in 1427 by Richard Fleming, th ...
, before entering the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...
in June 1550. He is recorded to have matriculated at
St John's College, Cambridge St John's College is a constituent college of the University of Cambridge founded by the Tudor matriarch Lady Margaret Beaufort. In constitutional terms, the college is a charitable corporation established by a charter dated 9 April 1511. The ...
, in 1549. In 1577, Anderson was created
Serjeant-at-Law A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are wri ...
and in 1578 he was appointed Queen's Sergeant. In 1581 he was appointed Justice of Assize on the Norfolk circuit and tried
Edmund Campion Edmund Campion, SJ (25 January 15401 December 1581) was an English Jesuit priest and martyr. While conducting an underground ministry in officially Anglican England, Campion was arrested by priest hunters. Convicted of high treason, he was h ...
and others for
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
in November 1581, securing an unexpected conviction. This set the pattern for the rest of his career: as a judge, he was notorious for severity to Catholics and non-conformists, markedly so in the cases of
John Perrot Sir John Perrot (7 November 1528 – 3 November 1592) served as lord deputy to Queen Elizabeth I of England during the Tudor conquest of Ireland. It was formerly speculated that he was an illegitimate son of Henry VIII, though the idea is re ...
and John Udall, the puritan minister. On the back of that success, Anderson was made
Chief Justice of the Common Pleas The chief justice of the Common Pleas was the head of the Court of Common Pleas, also known as the Common Bench or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the othe ...
in 1582 and was knighted. He was reappointed by
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and held office until his death. Throughout his career he played a prominent role in some of the most important political trials of Elizabeth's reign including that of Mary, Queen of Scots, and
Sir Walter Raleigh Sir Walter Raleigh (; – 29 October 1618) was an English statesman, soldier, writer and explorer. One of the most notable figures of the Elizabethan era, he played a leading part in English colonisation of North America, suppressed rebelli ...
. Sir Edmund also presided over the trial of William Davison, the Queen's secretary who was accused of erroneously issuing the warrant for the execution of Mary, Queen of Scots. In 1588 he was sent to
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
, where he headed a judicial commission to deal with the flood of litigation which followed the forfeiture of the lands of the
Earl of Desmond Earl of Desmond is a title in the peerage of Ireland () created four times. When the powerful Earl of Desmond took arms against Queen Elizabeth Tudor, around 1578, along with the King of Spain and the Pope, he was confiscated from his estates ...
. Its findings were something of a foregone conclusion, since the judges had instructions to find in favour of the
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in all disputed cases, and duly did so. This however was untypical, as in civil cases he usually went to great lengths to be impartial. Anderson died on 1 August 1605 at Eyeworth in Bedfordshire.


Assessments

Anderson was often described as a strict lawyer who was "completely governed by the law". He even stated at an important trial that, "I sit here to judge of law, not logic". Yet he also had a reputation for deciding cases according to reason, without overreliance on the precedents. He was highly praised for his efficient dispatch of business: it was said that he wrote more orders in a morning then most of his predecessors had in a week. In ''Sir Edward Coke and the Elizabeth Age'' by Allen D. Boyer, Sir Edmund is described as "the monster: an angry man in the courtroom and a resentful man afterward, an advocate who begrudged other lawyers' victories". On the other hand,
Francis Bacon Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626), also known as Lord Verulam, was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England. Bacon led the advancement of both ...
praised him as a great judge.


Works

Anderson wrote two books, '' Reports of Many Principal Cases Argued and Adjudged in the Time of Queen Elizabeth, in the Common Bench 1644'' and ''Resolutions and Judgments on the Cases and Matters Agitated in All the Courts of Westminster, in the latter end of the reign of Queen Elizabeth 1653'', which are still today very influential legal references.


Family

Anderson married Magdalen Smyth from Annables,
Hertfordshire Hertfordshire ( or ; often abbreviated Herts) is one of the home counties in southern England. It borders Bedfordshire and Cambridgeshire to the north, Essex to the east, Greater London to the south, and Buckinghamshire to the west. For gov ...
, daughter of Christopher Smyth and Margaret Hyde. They had 9 children, 3 sons and 6 daughters. Anderson became lord of the parish of Eyeworth, Bedfordshire, and his family remained the local gentry for many generations. He also bought
Arbury Priory Arbury Priory was an Augustinian priory in the parish of Chilvers Coton, Warwickshire, England. The priory was founded early in the reign of Henry II (c.1154) by Ralph de Sudley and dedicated to the Blessed Virgin. The original endowment cons ...
, which he demolished and replaced with
Arbury Hall Arbury Hall () is a Grade I listed country house in Nuneaton, Warwickshire, England, and the ancestral home of the Newdigate family, later the Newdigate-Newdegate and Fitzroy-Newdegate families. History The hall is built on the site of the ...
.


Sources

{{DEFAULTSORT:Anderson, Edmund 1530 births 1605 deaths Chief Justices of the Common Pleas People from the Borough of North Lincolnshire Alumni of Lincoln College, Oxford Alumni of St John's College, Cambridge Members of the Inner Temple 16th-century English judges 17th-century English judges Serjeants-at-law (England)