A TRUE RELATION OF THE GROUND, Occasion, and Circumstances, of that horrible Murder committed by JOHN BARTRAM, Gent. upon the body of Sir JOHN TYNDAL of Lincoln's Inn, Knight: One of the Masters of the Honourable Court of Chancery, the twelfth day of this instant Novemb. Written by way of Letter from a Gentleman, to his Country friend. Together with the Examination of the said Bartram, taken before the right Honourable, Sir Fra. Bacon Knight, his majesties Attorney General: and Sir Henry Yeluerton Knight, his majesties Solicitor General, according to special directions given by his Majesty in that behalf. LONDON, Printed by john Beale, 1616. A True Relation of THE GROUND, Occasion, and Circumstances, of that horrible Murder committed by JOHN BARTRAM, Gent. upon the body of Sir JOHN TYNDALL of Lincoln's Inn Knight, One of the Masters of the Honble Court of CHANCERY, the twelfth day of this instant November. SIR, NO streams run swifter than the rumours of unhappy accidents; though it oft falleth out that the faster they run the more troubled their current is. You cannot but have heard of the cruel murder and massacre of Sir john Tyndall, wrought by the wicked and bloody hand of john Bartram; But I fear that different humours in their relations, have set several stamps upon the fact: some fanciing circumstances that fell not out; some knowing neither the number nor the truth of them; some neglecting to divulge the particulars; and some mistrusting error in the report, are rather filled with wonder at the action, then with hatred of it. You shall hereby in a short period, have the corn winnowed from the chaff, and real truth brought you, without either mixture or addition of fancy or falsehood: being drawn from them that best knew it, and had best cause to understand it: wherein you shall see, how neglected sparks lurking in a corrupt heart, will soon break into flames of mischief. One Leonard Camberlin, about seven years past dying without issue, and without Will, there was obtained for Anne Chamberlin, than an infant, his brother's daughter, by the practice and labour of Sir Philip Scudamore, an administration of leonard's goods: This Anne was neither privy to it, nor had profit by it; but by this means the personal estate of Leonard, fell into the fingers of Sir Philip, who when he had sifted the estate thoroughly, shifted himself our of the kingdom, and being ill affected to the Religion here, pretended to gain the liberty of an evil conscience beyond the Seas, where he died a Papist. john Bartram having married the half sister of Leonard, in the behalf of his wife, obtains a repeal of the Administration granted to Anne, and had it committed to his wife as of right it ought. When he had thus gotten the Administration, he and his wife complain in Chancery against Anne Chamberlin, that she might discover the true estate of Leonard the Intestate, and have the same by order of that Court set over to them. Hereupon Anne maketh her answer upon her Oath, but is able to discover no particulars of the estate, neither in debts nor otherwise, for nothing came to her hands, but all was latcht in the hands of Sir Philip Scudamore in pretence of her right, as Administratrix. But Bartram descending to proofs in this suit, had the precise testimony of two witnesses, that there was due to leonard's Chamberlins' estate from one Harris upon all bonds, accounts, reckonings, and specialties, 200. pound. The Cause coming to hearing, the Lord Chancellor (in his Honourable justice) minding that Bartran should have from Anne Chamberlin, so much of leonard's estate as was proved in Court (which was 22. pound) upon all bonds and reckonings from Harris and no more: And so pronouncing his decree, by the error and slip of the Register, it was set down, and penned that a bond of 200. pound made by Harris to the Intestate should be by Anne delivered to Bartram and his wife. Bartram herein espying his advantage, hotly pursues the decree, to have a particular bond of 200. pound brought in Court and delivered: which when Anne examined thereupon, could not perform, excusing herself by Sir Philip Scudamores' catching into his hands, of all the bonds and specialties due to Leonard the Intestate, she was ordered by the Court to bring in the 200. pound, and to pay the same to Bartram and his wife; which she did, and they had it. When Bartram saw he had caught the prey, he never hunted, and had the two hundred pound in his purse, as due upon a particular bond, which was neither confessed by the party, nor proved by the witnesses; that this Sent might die, in his crafty covetousness, he would not too eagarly follow the Chase; but sleeps upon this many months, before he sets his foot forward in this suit again. A year after he reneves his cry, and moves the Court: That because it stood proved, that upon divers accounts, bonds, reckonings, and specialties, there was due from Harris to Leonard the Intestate, the sum of two hundred pound; therefore desired, that Anne the defendant (at this time married to Sir George Symons) might bring those into the Court to be delivered to him and his wife which was granted by the Lord Chancellor accordingly, and a day certain given for performance thereof. When Bartram saw the day past, and the Order not performed, he eagerly sues forth upon the defendant Anne's contempt, the ordinary process of the Court, till it came to proclamation of Rebellion: And though he might have seen himself checked by the hand of God, in taking her to rest, who lived a restless life, by his disquieting her in suits, yet doth he not desist, but seeing her closed up in the earth, hunts her husband Sir George Symons till he brings him to the bay, and then lays hold on him as for a contempt, in not bringing in his wife while she lived, the Law supposing every wife amesnable at the will of her husband, and by order of the Court in the justice of it, gets him committed to the fleet, where he hath remained in the nature of a prisoner, from Hillary term last, till the last day of this Michaelmas Term. Now Sir George Symons finding himself thus overlaid by his adversary Bartram, and that his hawks eye watched now to make him his prey: petitioneth to the Lord Chancellor, and humbly by way of motion also desireth, that the whole proceed in the cause may be reviewed; the confession of the defendant Anne upon her oath while she lived may be considered, and the proofs compared, to see if any particular bond of two hundred pound, or if any double sum of two hundred pound were proved; enforcing, that Bartram had already in his purse as much as any way was warranted by proof. The Lord Chancellor somewhat compassionate herein, and as in all cases, so especially being tender to restrain the subject of his liberty, unless he incur some manifest contempt, was pleased hereupon to refer the same to Sir john Tyndall, and Master Doctor Amye, two ancient Masters of the Court, that they should certify to him the whole merits of the cause, yet kept himself even in the course of justice, not enlarging Sir George Symons, upon this suggestion, but allowing his liberty upon Reconusance to appear from day to day. Hereupon Bartram according to the course of the Court, exhibited Interrogatories to Sir George Symons, touching the contempt by him & his wife; who upon examination was found to be privy, and acquainted with the process that went forth against his wife, and thereby was in truth in a contempt for not bringing her into Court: But he would not examine Sir George whether he had any bills, accounts, reckonings, bonds, or specialties, due or belonging to Leonard Chamberlins' estate, which when the two Masters of the Court perceived, they asked him, why he did not examine Sir George upon that point: and he answered, it was needless, for he thought in his conscience, and was persuaded it George had none of them. Yet you see with what violence he both takes him, holds him, and keeps him. Now when Sir john Tyndall, and Master Doctor Amy, had exactly with great pains, and with often search sought out, and found the true merits of this cause, they returned their report into the Court the fourth day of this present November, in these words. That upon due perusal and consideration both of Answer, Confession, and proofs, in the Cause they did find, there was but one two hundred pound in all due: But that upon the eager pursuit of Bartram, Sir George Symons had suffered long imprisonment; And they thought it time he were released, which notwithstanding they referred to the better judgement of the Court. In which report you may note three things. First that the matter of it was just. Secondly that it had no bitterness in it, more than well became judges, who ought not to be insensible when they find the Court had been made an instrument of any man's causeless suffering. Thirdly, that it was not concluding or peremptory, but left the matter to the judgement of the Court. When this report was returned into Court, there was nothing suddenly done upon it, but day was given to Bartram until Tuesday the twelfth of this month, to show cause, why Sir George should not be enlarged, and himself dismissed out of Court. Now when Bartram saw this bit put into his mouth, whereby his covetous desire was bridled, and his imaginary hopes lost, which was to have another two hundred pound, to which he had no colour of right; his heart gins to swell: And seeing this just report as a shield to defend Sir George Symons from his pursuit, he turns his fury another way, and casts his resolution of Revenge upon Sir john Tyndall, whose person while he lived was, 1 Of great reputation for his integrity: 2 Of great respect for his temperance and moderation in the place he held: 3 Of good opinion for his learning and experience. 4 Much to be reverenced both for his birth, pains, and his age. Yet neither his age, nor his pains, nor his innocency, nor his integrity, could be any arguments for Bartram to spare him, or any buckler against his bloody violence. Wherein you shall see what spurs the devil sets to his heels to hasten him to hell. He before coveted but money, or bonds from Sir George Symons; now that spark is quenched, a greater flame ariseth: nothing now will quench his thirst, but the blood of Sir john Tyndall: See now the steps he seeks to tread, and you shall perceive this action of his had, 1 Crafty preparation. 2 Wicked resolution. 3 Hellish execution. 1 He strips himself of his estate, and the eight day of this month he makes a voluntary deed of gift of all his goods, to one Master Drake, with whom he confessed he had no acquaintance. When this deed came to sealing, he would have had the Scrivener dated the same, as if it had been made in july before, which he did of craft to defraud his Majesty of the forfeiture of his goods, he knew would follow upon the villainy of his fact: but no importunity could win the Scrivener to that dishonesty. 2 Being thus turned naked, he now clad himself only with malice, and opportunity to revenge: and the tenth day which was Sunday, there is a noise of blood sounding in his head, and then as he confessed before the Honourable judges of the King's Bench, he resolved to kill Sir john tindal, as if he should murmur to himself; Sir john hath bereaved me of my unjust hopes, therefore he shall die an unjust death. 3 Being settled in this mad resolution to shed blood, on the eleventh of this month, the engine of death must be thought of. And that must be, 1 Not a sword: for his old withered hand could not wield it. 2 Not a dagger: for he could not be sure of his aim, and by that he might perhaps stab him, but not kill him. 3 But a Pistol must be the executioner. And why? first, it is easy to handle: secondly, it is shot off before it be seen: thirdly, it tears the body, and carries the life away with it. The instrument of death being thus thought of, he scoureth his Pistol, lays his bullets ready, which as he said, had lain rusting by him six years before, and now must be scoured to act this tragedy. On the twelfth of this month, being the day when Bartram by his Counsel should show cause to the Court why Sir George should not be enlarged, and himself dismissed, he retained no other counsellor than the Devil, who as you may fear by the sequel, (leaving secret things to God) had the Fee he ever seeks for, the soul of Bartram for the counsel given him. Now this day, first he bestirs him early to seek out Master Drake, to whom he had given his goods, carries his deed with him, carries by a Porter after him, his best gown and best cloak, comes to Master Drakes house, delivers him the deed and the goods brought by them (as he said) put him in possession of all the rest This done, he stays not, but hastes again to Westminster, where missing his opportunity to work his revenge, about eleven of the clock the same day, he betakes him to a Scholar upon the Thames, and in the way between Westminster and the Temple, he shoots of his Pistol (as he said) to scour it, having only powder in it, which no sooner went off, but he charged it again with double bullet, and closely carrying it by his side, landed at the Temple stairs, went up to Lincoln's Inn, awaited at the gate the alighting of Sir john Tyndall from his Coach, met him going toward his Chamber, affronts him, complains his back was broken by his Report, yet (as he said) moved Sir john the matter might be put to Compremise, to which the Knight, nothing suspecting the train laid for him, answered only (as Bartram confessed) What a Compremise now? Hereeupon, as Sir john was entering into his Chamber, this man possessed with a murderous Devil, taking that answer of Sir john as a scorn, discharged his Pistol upon him, not before him, but behind him, shot him through, so as instantly he fell down, and with a groan only ended his life. Company soon came in, but Sir john tindall's man stricken into a maze, was not able at first either with his hand to lay hold on the offender, or by his speech to discover him: for Bartram had cast the Pistol from him, yet he hasted not away but stood still, no stranger coming in suspecting him, his hoary hairs carried so grave a show. But after a little pause, Sir john's man gaining his spirits again, and Bartram seeing he could not be hid, revealed himself, and withal stabbed himself with a pocket dagger, but the vigilant eye of Sir Peter Hayman instantly taking hold of his arm, so dulled the stroke, as that the hurt was not great, which this wretch perceiving, with his left arm drew forth a knife, (having prepared also a double weapon of death for himself,) and offered again to destroy himself, but was likewise prevented. Now alas Sir, you see there was in truth no words of provocation in the answer of Sir john, and who knew his countenance must say, it was ever mild and pleasing, not lofty nor sour. But malice that carries a man out of himself, makes every object seem ugly, and every word sound harsh, more speedily to thrust on revenge. Howbeit in the action itself, you may observe many things which might have made Bartram hateful to himself, and which will still keep him living as a Monster of men, and as a scorn to posterity. For you see, 1 The ground of his Malice was unjust: stirred up by a just report, as hath been showed before. 2 If offence had been in the Report, he should not have been his own Revenger, but have sought redress at a higher hand: the Lord Chancellor being never deaf to any just complaint. 3 He wreaks his Malice before the Report did hurt him: for it was not then decreed. 4 Fourthly, he did it suddenly and unsuspected, under a show of treaty and conference. 5 He did it treacherously and cruelly, discharging it behind his back. 6 Age assaulted age, which is not usual, each of them being 75. years old at least. 7 Observe the place: It was in an Honourable and civil society, where every man there, thinks himself within his Castle. 8 It was done not with a single, but with a double bullet, as if he had thought his flesh to have been of steel; or as if his malice meant not only to murder him, but to mangle him. 9 In this desperate fury, his malice turned her edge upon himself, and he sought to have been his own Butcher, but that his Master the Devil (mercy not intervenient) reserved him as for the place of judas, so for the end of judas to be his own hangman. 10. Which is most remarkable herein, he made a duellum and assault not only upon a just man, but even upon justice itself, which the Devil could not vaunt of in many Ages before, and which is very fearful in example: For all the judges of the land, yea, all the Noble Counsellors of State, if they consult but with their own human weakness, may in fear, of that man values most, which is his life, let fall and unloose their courage in doing justice, lest he that thinks himself wronged, prepare the like Repast for them, which Bartram here did for Sir john Tyndall. Howbeit I hope such fears shall vanish, for sure God who is the preserver of men, will not suffer justice which is the bond of man's society to be broken, but though by this execrable Action one link be fallen, yet the chain is whole, and he will still increase it both in strength and beauty. Again, forbear to censure the manner of Sir john Tyndal's death: speed of death is not always a judgement, nor the suddenness of it suspicious, where it finds a man in the way of Righteousness: but argues anger, when it takes a man in an act of sin. Sir john Tyndall, was at this time walking in his Calling appointed by God; and Bartram in his Calling appointed by the Devil. Hear what Solomon says, and it will both stay your heart, and set straight your judgement, Eccles. 7.17. There is a just man that perisheth in his justice, and there is a wicked man that continueth long in his malice: And though his reckoning be not yet, yet stripes and plagues do wait upon his account. You see and may persuade yourself, that Sir john, paying that debt to God, which was due to Nature, and being by a malicious hand offered up as a sacrifice, both for his justice, and in his justice, had the Angels his attendants to carry him to heaven, for there is rest to the children of God. And as for Bartram, (though it be safest to leave his judgement to God; yet if the tree be judged by the fruit, it being both corrupt and rotten, we may say it was near to burning. But I will return to Bartram living: This detestable murder was presently spread abroad; and at the first it was as strangely voiced as committed: For fame taking hold no doubt of the obstinate carriage of Bartram without remorse; and interpreting the Induration of his heart to proceed from some great Injustice done him by Sir john Tyndall: blazed it abroad as if he had been but a kind of scourge of God upon an unrighteous judge: and that though he was not to be justified in the Fact, yet he was to be pitied in his wrong: So as that Spirit, which was first a spirit of Malice in the heart of Bartram, turned itself into the spirit of Error in the mouths of men. But the first thing that was done in proceeding against this foul Murder, was, that the judges of the King's Bench took examination of the fact: And being doubtful that his hurts were dangerous, and desirous that an exemplar justice should not by accident be prevented, gave order he should be speedily indicted and arraigned. Master Attorney General also having a care that a cause of so great consequence that might aswell strike fear into the best judges, as sore warn the corrupt (nay might concern any man that hath in any place or office but the power to discontent, so that no man can tell who shall suffer, and who shall look on) should not pass in any obscure and ordinary manner, sent for Master Solicitor, and desired him that he would be provided to make some declaration, such as the cause required for the honour of justice, and for a note of distinction between so rare a cause and ordinary matters of the Crown. Master Attorney conceiving at that time that the fact being so notorious and confessed upon examination, Bartram would not have pleaded not Guilty: but it fell so out, that he confessed not the Indictment but pleaded not Guilty: whereupon the jury being not then ready at the Bar, further day was given for his trial. In the mean time, his Majesty hearing of this strange accident (as his manner is) was desirous to penetrate into the root and Centre of this man's malice and fact: and in his Princely wisdom, considering that this cruel murder must either spring from the instigation of others, or from Bartram himself. And if from Bartram, it must proceed either from an inveterate habit of a desperate and wicked life: or for some unsufferable wrong that Sir john Tyndall had done him, signified his pleasure by the Lord Chamberlain unto Master Attorney; That there should be some stay of the public proceeding, until Bartram were farther examimed, and directed the Examination to be upon three heads: First, touching the Incitation: Secondly, touching bartram's course of life and Religion: and lastly touching the justness or Iniquity of Sir john Tyndal's report. Whereupon Master Attorney calling Master Solicitor to assist him, took the examination, whereof I send you a copy, having obtained leave of his Honour so to do. In which examination it plainly appears, that the Devil needed no Broker, but wrought immediately upon the malice of the man, whose course and conversation of life was always disordered, and not without touch of Popish Religion; though it seemeth to be true that he was a kind of Church-walker in Westminster, and came divers times to hear either the service or the music. But for Sir john Tyndall, he doth sufficiently clear him from bribery, either from being corrupted by his adversary, or tempted by himself, and in the merits of the cause he had scarce a word in his mouth to impeach the report (as you may well perceive, if you compare his examination with the former relation of this business) in so much as both at that time he did confess, that it was one of the foulest murders that ever was committed. And after he said to his under keeper, that the King's Counsel (who had used him with much compassion towards his age and hurt) had cut sore into the business, as finding (belike) at that time some compunction, though it after vanished as the morning cloud. For notwithstanding the Lord Chancellor had in great wisdom given especial charge and direction that eat should be had of this man, as well for his body, as for his soul: For his body in 2. kinds, that his hurts should be looked to, and that he should be kept from doing himself mischief, having once attempted it. And for his soul, that he might have some godly Preacher to bring him to the sense of his sin (which is not so well discerned in the commitment of it, as in the punishment of it) and to save him from impenitency: yet so was God's will, that in the end he destroyed himself: but yet in that form of execution which the Law and justice had prescribed, and not by any other death, as he had formerly sought to effect. For on the seventeenth day of this month, being Sunday in the morning, this man took occasion to send away his keeper to fetch him a Bible for his comfort, requiring that it might be a latin Bible, and with a Concordance (thinking belike that such a Bible was not so easy to be had) but there being one found in the house, and his keeper bringing it sooner than he expected, he sent him again for an English Bible, and that also being quickly returned unto him, he said he was not satisfied with the translation, and desired another Translation, which he thought was harder to get: and the better to win time, told his keeper likewise that his stomach was empty, and therefore desired him to bring with him also some Ale, with a toast: and in the mean time by a rope that he had gotten tied unto a Tenter hook, that was fastened above the window to hang a hat on, he hanged himself, his legs almost trailing on the ground. The continuance of which desperate resolution to make away himself, the reason may be gathered upon some speech he let fall at several times as I have heard, that he would be sorry to be hanged in chains: so that he that had no sense of preserving his life and soul, yet had apprehension and care of his senseless Carcase. And so you have here an end of this Tragedy, not presuming to give any judgement, either of the furious passions of these times, or of the dangers of Authority, or of the errors of Rumour, not to make any interpretation of the fact, or the circumstances thereof, but by this plain declaration which I here send you, leave the same to your meditations, who I am sure desires to know the truth herein, and who have more leisure, and will enter into them more sincerely (perhaps) than we do here in London. 29. November, 1616. Your assured Friend, N. T. The Examination of John Bartram, taken this 16. day of November, 1616. before Sir Francis Bacon his majesties Attorney General, and Sir Henry Yeluerton, his majesties Solicitor General. LONDON, Printed by john Beale. 1616. john Bartram, BEing asked whither after his discontentment at the Report of Sir Io: tindal and Doctor Amy, he did not use any words or speeches to his Attorney, or any private friend, whereby he threatened the revenge upon Sir Io: tindal, he protesteth that as he desireth comfort at his resurrection, he did never use any such speeches to any person. Being asked touching his Religion, he saith he is no Papist, nor ever was, but saith that he was about 20. years since indicted in the King's bench by malice for recusancy, to which he then pleaded his conformity, and was discharged thereby. Being asked whether ever he gave or promised to give to Sir Io: tindal any money, reward, or gratuity in this Cause, he denieth that ever he gave any, or had at any time any speech with him tending to any such purpose. Being asked whether he had any knowledge that Sir John tindal, or Doctor Amy were corrupted or bribed by his adversary to make the last Report, saith that he doth not know it. Being asked (the state of the question being whether there were any particular bond or debt of 200. pound between Harris and Chamberlin, besides debts upon Account, and upon specialty amounting to that sum) whether he knew of any such particular bond or not; he saith he never saw any such bond, nor knoweth it otherwise then by the recital thereof made in the decree, and some Orders made in that Cause, and in a cross bill wherein (as he conceiveth) there is mention thereof. Being asked, whether he be penitent for his Fact, saith, that he taketh it to be as foul a murder as ever was committed, and if he hath uttered any speeches to the contrary he is very sorry for it. John Bartram. Examinatur coram Fra: Bacon. Hen: Yeluerton.