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Sir John Tyndal, as to his cause, is a kind of martyr: for if ever he made a just report in his life, this was it.

But the event since all this is, that this Bertram being, as it seemeth, indurate, or in despair, hath hanged himself in prison; of which accident, as I am sorry, because he is taken from example and public justice, so yet I would not for any thing it had been before his examination; so that there may be otherwise some occasion taken, either by some declaration in the king's bench upon the return of the coroner's inquest, or by some printed book of the fact, or by some other means, whereof I purpose to advise with my lord chancellor, to have both his majesty's royal care, and the truth of the fact, with the circumstances, manifested and published '.

For the taking of a toy of my lord chief justice before he was placed, it was done before your letter came; and on Tuesday Heath and Shute shall be admitted and all perfected.

My lord chancellor purposeth to be at the hall tomorrow, to give my lord chief justice his oath; and I pray God it hurt him not this cold weather. God ever prosper you.

Your true and most devoted servant,

Sunday night, Nov. 17, 1616.

FR. BACON.

CLXV. TO SIR FRANCIS BACON, HIS MAJESTY'S ATTORNEY-GENERAL 2.

SIR,

I HAVE acquainted his majesty with your letter, and the other papers inclosed, who liketh very well of the course you purpose touching the manifest to be published of Bertram's fact: and will have you, according to your

'This Bertram, who, according to Camden in his Annals of king James, was a grave man of above 70 years of age, and of a clear reputation, pistolled Sir John Tyndal, a master in chaucery, on the 12th of November, for making a report against him, in a cause where the sum contended for did not exceed 2001.

By his examination taken the 16th, he confessed it to be as foul a murder as ever was; under the sense of which he hanged himself the next day. Stephens.

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own motion, advise with my lord chancellor of the manner of it. His majesty's pleasure likewise is, that according to the declaration he made before the lords of his council at Whitehall, touching the review of my lord Coke's Reports, you draw a warrant ready for his signature, directed to those judges whom he then named to that effect, and send it speedily to him to be signed, that there may be a dispatch of that business before the end of this term. And so I rest

Your faithful friend at command,

Newmarket, Nov. 19, 1616.

GEORGE VILLIERS.

THE CASE OF JOHN BERTRAM.

LEONARD Chamberlayne died intestate without issue, and left a sister married to Bertram, and a niece afterwards married to Sir George Simeon.

The niece obtained letters of administration, and did administer; but afterwards upon appeal, Bertram in the right of his wife, that was the sister, obtained the former administration to berepealed, and new letters of administration to be committed to Bertram and his wife, because the sister was nearer of kin than the niece.

Thereupon Bertram brings his bill in chancery against the first administratrix, to discover the true state of the intestate, and to have it set over unto him, being the rightful administrator; and this cause coming to hearing, it did appear that there was a debt of 2001. owing by one Harris to the intestate: whereupon it was decreed, that the debt of Harris by bond should be set over to Bertram, and likewise that all other moneys, debts, and bonds, should be assigned over to him. In the penning of this decree there was an error or slip; for it was penned that a debt by Harris by a bond of 2007. should be set over, whereas the proofs went plainly that it was but 2001. in toto upon divers specialties and writings. Upon this pinch and advantage Bertram moved still that the bond of 2001. should be brought in, and at last

the defendant alledging that there was no such bond, the court ordered that the money itself, namely, 2001. should be brought in: which was done accordingly, and soon after by order of the court it was paid over to Bertram.

When Bertram had this 2007. in his purse, he would needs surmise, that there was another 2001. due by Harris upon account, besides the 2007. due by one singular bond, and still pressed the words of the decree, which mentions a bond, and thereupon got his adversary Sir George Simeon committed. Afterwards it was moved upon Simeon's part, that there was only one debt of 2001. and that the decree was mistaken in the penning of it, and so must needs be understood, because the decree must be upon the proofs; and all the proofs went but upon the 200/. in toto, and not upon any particular bond: whereupon my lord chancellor referred the consideration of the proofs, and the comparing of them with the decree, to Sir John Tyndal and doctor Amye.

They reported, which was the killing report, that upon the proofs there was but one 2007. in all, and that had been eagerly followed by Bertram, and that Simeon had suffered by error and mistaking, and that it were time he were released, which was a most just and true report, and yet it concluded, as is used in such cases, that they referred it to the better judgment of the court; and the court upon the reading of that report gave order that the plaintiff Bertram should shew cause by a day why Simeon should not be enlarged, and the plaintiff Bertram dismissed. And before the day prefixed to shew cause, Bertram pistolled Sir John Tyndal.

CLXVI.

TO THE LORD VISCOUNT VILLIERS1.

MY VERY GOOD LORD,

I AM glad to find your lordship mindful of your own business, and if any man put you in mind of it, I do not dislike that neither; but your lordship may assure yourself, in whatsoever you commit to me your lordship's far

VOL. V.

Stephens's First Collection, p. 188.
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own motion, advise with my lord chancellor of the manner of it. His majesty's pleasure likewise is, that according to the declaration he made before the lords of his council at Whitehall, touching the review of my lord Coke's Reports, you draw a warrant ready for his signature, directed to those judges whom he then named to that effect, and send it speedily to him to be signed, that there may be a dispatch of that business before the end of this term. And so I rest

Your faithful friend at command,

Newmarket, Nov. 19, 1616.

GEORGE VILLIERS.

THE CASE OF JOHN BERTRAM.

LEONARD Chamberlayne died intestate without issue, and left a sister married to Bertram, and a niece afterwards married to Sir George Simeon.

The niece obtained letters of administration, and did administer; but afterwards upon appeal, Bertram in the right of his wife, that was the sister, obtained the former administration to berepealed, and new letters of administration to be committed to Bertram and his wife, because the sister was nearer of kin than the niece.

Thereupon Bertram brings his bill in chancery against the first administratrix, to discover the true state of the intestate, and to have it set over unto him, being the rightful administrator; and this cause coming to hearing, it did appear that there was a debt of 2001. owing by one Harris to the intestate: whereupon it was decreed, that the debt of Harris by bond should be set over to Bertram, and likewise that all other moneys, debts, and bonds, should be assigned over to him. In the penning of this decree there was an error or slip; for it was penned that a debt by Harris by a bond of 2007. should be set over, whereas the proofs went plainly that it was but 2001. in toto upon divers specialties and writings. Upon this pinch and advantage Bertram moved still that the bond of 2007. should be brought in, and at last

the defendant alledging that there was no such bond, the court ordered that the money itself, namely, 2007. should be brought in: which was done accordingly, and soon after by order of the court it was paid over to Bertram.

When Bertram had this 2007. in his purse, he would needs surmise, that there was another 2001. due by Harris upon account, besides the 2007. due by one singular bond, and still pressed the words of the decree, which mentions a bond, and thereupon got his adversary Sir George Simeon committed. Afterwards it was moved upon Simeon's part, that there was only one debt of 2001. and that the decree was mistaken in the penning of it, and so must needs be understood, because the decree must be upon the proofs; and all the proofs went but upon the 2007. in toto, and not upon any particular bond: whereupon my lord chancellor referred the consideration of the proofs, and the comparing of them with the decree, to Sir John Tyndal and doctor Amye.

They reported, which was the killing report, that upon the proofs there was but one 2007. in all, and that had been eagerly followed by Bertram, and that Simeon had suffered by error and mistaking, and that it were time he were released, which was a most just and true report, and yet it concluded, as is used in such cases, that they referred it to the better judgment of the court; and the court upon the reading of that report gave order that the plaintiff Bertram should shew cause by a day why Simeon should not be enlarged, and the plaintiff Bertram dismissed. And before the day prefixed to shew cause, Bertram pistolled Sir John Tyndal.

CLXVI.

TO THE LORD VISCOUNT VILLIERS1.

MY VERY GOOD LORD,

I AM glad to find your lordship mindful of your own business, and if any man put you in mind of it, I do not dislike that neither; but your lordship may assure yourself, in whatsoever you commit to me your lordship's far

VOL. V.

Stephens's First Collection, p. 188.
2 G

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