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A03947 A True relation of the ground, occasion, and circumstances of that horrible murther committed by Iohn Bartram, gent. vpon the body of Sir Iohn Tyndham of Lincolns Inne, knight, one of the masters of the honorable Court of Chancery, the twelfth day of this instant Nouemb. 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 Maiesties Atturney Generall, and Sir Henry Yelnerton knight, His Maiesties Solliciter General, according to speciall directions giuen by His Maiestie in that behalfe. N. T.; N. I.; N. J. 1616 (1616) STC 14054.5; ESTC S1571 9,720 30

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Amye two auncient Masters of the Court that they should certifie to him the whole merits of the cause yet kept himselfe euen in the course of Iustice not enlarging Sir George Symons vpon this suggestion but allowing his liberty vpon Reconusance to appeare 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 vpon examination was found to be priuy and acquainted with the processe that went forth against his wife and thereby was in truth in a contempt for not bringing her into Court But hee would not examine Sir George whether hee had any bils accompts reckonings bonds or specialties due or belonging to Leonard Chamberlins estate which when the two Masters of the Court perceiued they asked him why hee did not examine Sir George vppon that point and hee answered it was needlesse for he thought in his conscience and was perswaded ir George had none of them Yet you see with what violence he both takes him holds him and keepes him Now when Sir Iohn Tyndall and Master Doctor Amy had exactly with great paines 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 Nouember in these words That vpon due perusall and consideration both of Answere Confession and proofes in the Cause they did find there was but one two hundred pound in all due But that vpon 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 iudgement of the Court. In which report you may note three things First that the matter of it was iust Secondly that it had no bitternesse in it more then well became Iudges who ought not to be insencible when they find the Court had beene made an instrument of any mans causelesse suffering Thirdly that it was not concluding or peremptory but left the matter to the iudgement of the Court. When this report was returned into Court there was nothing suddenly done vpon it but day was giuen to Bartram vntill Tuesday the twelfth of this Moneth to shew cause why Sir George should not be enlarged and himselfe dismissed out of Court Now when Bartram saw this bitte put into his mouth whereby his couetous desire was bridled and his imaginary hopes lost which was to haue another two hundred pound to which hee had no colour of right his heart begins to swell And seeing this iust report as a shield to defend Sir George Symons from his pursuit hee turnes his fury another way and casts his resolution of Reuenge vpon Sir Iohn Tyndall whose person while he liued 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 bee reuerenced both for his birth paines and his age Yet neither his age nor his paines nor his innocency nor his integritie could bee any arguments for Bartram to spare him or any buckler against his bloudy violence Wherein you shall see what spurres the diuell sets to his heeles to hasten him to hell He before coueted but money or bonds from Sir George Symons now that sparke is quenched a greater flame ariseth nothing now will quench his thirst but the bloud of Sir Iohn Tyndall See now the steps he seekes to tread and you shall perceiue this action of his had 1 Crafty preparation 2 Wicked resolution 3 Hellish execution 1 He strips himselfe of his estate and the eight day of this moneth hee makes a voluntary deed of gift of all his goods to one Master Drake with whom hee confessed hee had no acquaintance When this deede came to sealing hee would haue had the Scriuener dated the same as if it had beene made in Iuly before which he did of craft to defraud his Maiesty of the forfeiture of his goods he knew would follow vpon the villany of his fact but no importunitie could winne the Scriuener to that dishonesty 2 Being thus turned naked hee now clad himselfe onely with malice and opportunity to reuenge and the tenth day which was Sunday there is a noyse of bloud sounding in his head and then as hee confessed before the Honourable Iudges of the Kings Bench he resolued to kill Sir Iohn Tindall as if hee should murmur to himselfe Sir Iohn hath bereaued me of my vniust hopes therefore hee shall die an vniust death 3 Beeing setled in this mad resolution to shedde bloud on the eleuenth of this moneth the engine of death must be thought of And that must be 1 Not a sword for his old withered hand could not weild it 2 Not a dagger for he could not be sure of his ayme and by that hee might perhaps stab him but not kill him 3 But a Pistoll must bee the executioner And why first it is easie to handle secondly it is shot off before it be seene thirdly it teares the body and carries the life away with it The instrument of death being thus thought of he scoureth his Pistol layes his bullets ready which as hee said had lyen rusting by him sixe yeares before and now must be scoured to act this tragedy On the twelfth of this Moneth beeing the day when Bartram by his Counsell should shew cause to the Court why Sir George should not be enlarged and himselfe dismissed hee retained no other counseller then the Deuill who as you may feare by the sequell leauing secret things to God had the Fee he euer seekes for the soule of Bartram for the counsell giuen him Now this day first hee bestirres him earely to seeke out Master Drake to whom hee had giuen his goods carries his deede with him carries by a Porter after him his best gowne and best cloake comes to Master Drakes house deliuers him the deed and the goods brought by them as he said put him in possession of all the rest This done hee stayes not but hastes againe to Westminster where missing his opportunity to worke his reuenge about eleuen of the clocke the same day hee betakes him to a Skuller vpon the Thames and in the way betweene Westminster and the Temple he shootes of his Pistoll as he said to scoure it hauing onely powder in it which no sooner went off but hee charged it againe with double bullet and closely carrying it by his side landed at the Temple staires went vp to Lincolns Inne awaited at the gate the alighting of Sir Iohn Tyndall from his Coach met him going toward his Chamber affronts him complaines his backe was broken by his Report yet as hee saide moued Sir Iohn the matter might bee put to Compremise to which the Knight nothing suspecting the traine laide for him answered onely as Bartram confessed What a Compremise now Hereeupon as Sir Iohn was entering into his
A TRVE RELATION OF THE GROVND Occasion and Circumstances of that horrible Murther committed by IOHN BARTRAM Gent. vpon the body of Sir IOHN TYNDAL of Lincolns Inne Knight One of the Masters of the Honorable Court of Chancery the twelfth day of this instant Nouemb. 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 Maiesties Atturney Generall and Sir Henry Yeluerton Knight his Maiesties Solliciter General according to speciall directions giuen by his Maiestie in that behalfe LONDON Printed by Iohn Beale 1616. A True Relation of THE GROVND Occasion and Circumstances of that horrible Murther committed by IOHN BARTRAM Gent. vpon the body of Sir IOHN TYNDALL of Lincolnes Inne Knight One of the Masters of the honble Court of CHANCERY the twelfth day of this instant Nouember SIR NO streames run swifter then the rumors of vnhappy accidents though it oft falleth out that the faster they run the more troubled their current is You cannot but haue heard of the cruell murder and massacre of Sir Iohn Tyndall wrought by the wicked and bloudy hand of Iohn Bartram But I feare that different humours in their relations haue set seuerall stamps vpon 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 errour in the report are rather filled with wonder at the action then with hatred of it You shall heereby in a short period haue the corne winnowed from the chaffe and reall truth brought you without either mixture or addition of fancy or falshood being drawne from them that best knew it and had best cause to vnderstand it wherein you shall see how neglected sparkes lurking in a corrupt heart will soone breake into flames of mischiefe One Leonard Camberlin about seuen yeeres past dying without issue and without Will there was obtained for Anne Chamberlin then an infant his brothers daughter by the practise and labour of Sir Phillip Scudamore an administration of Leonards goods This Anne was neither priuie to it nor had profit by it but by this meanes the personall estate of Leonard fell into the fingers of Sir Phillip who when hee had sifted the estate thoroughly shifted himselfe our of the kingdome and being ill affected to the Religion here pretended to gaine the liberty of an euill conscience beyond the Seas where he died a Papist Iohn Bartram hauing married the halfe sister of Leonard in the behalfe of his wife obtaines a repeale 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 complaine in Chancery against Anne Chamberlin that shee might discouer the true estate of Leonard the Intestate and haue the same by order of that Court set ouer to them Heerevpon Anne maketh her answere vpon her Oath but is able to discouer 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 Phillip Scudamore in pretence of her right as Administratrix But Bartram descending to proofes in this sute had the precise testimony of two witnesses that there was due to Leonards Chamberlins estate from one Harris vpon all bonds accompts reckonings and specialties 200. pound The Cause comming to hearing the Lord Chancellor in his Honorable Iustice minding that Bartrā should haue from Anne Chamberlin so much of Leonards estate as was proued in Court which was 22. pound vpon 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 downe and penned that a bond of 200. pound made by Harris to the Intestate should bee by Anne deliuered to Bartram and his wife Bartram herein espying his aduantage hotly pursues the decree to haue a particular bond of 200. pound brought in Court and deliuered which when Anne examined therevpon could not performe excusing her selfe by Sir Phillip Scudamores catching into his hands of all the bonds and specialties due to Leonard the Intestate shee was ordered by the Court to bring in the 200. pound and to pay the same to Bartram and his wife which shee did and they had it When Bartram saw hee had caught the prey hee neuer hunted and had the two hundred pound in his purse as due vpon a particular bond which was neither confessed by the partie nor proued by the witnesses that this Sent might die in his craftie couetousnesse hee would not too eagarly follow the Chase but sleepes vpon this many moneths before he sets his foot forward in this suit againe A yeere after he reneues his cry and moues the Court That because it stood proued that vpon diuers accompts bonds reckonings and specialties there was due from Harris to Leonard the Intestate the summe 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 deliuered to him and his wife which was granted by the Lord Chancellor accordingly and a day certaine giuen for performance thereof When Bartram saw the day past and the Order not performed hee eagerly sues forth vpon the defendant Annes contempt the ordinary proces of the Court till it came to proclamation of Rebellion And though hee might haue seene himselfe checkt by the hand of God in taking her to rest who liued a restlesse life by his disquieting her in sutes yet doth he not desist but seeing her closed vp in the earth hunts her husband Sir George Symons till hee brings him to the bay and then layes hold on him as for a contempt in not bringing in his wife while shee liued the Law supposing euery wife amesnable at the will of her husband and by order of the Court in the Iustice of it gets him committed to the fleete where he hath remained in the nature of a prisoner from Hillary terme last till the last day of this Michaelmas Terme Now Sir George Symons finding himselfe thus ouerlayed by his aduersary Bartram and that his hawkes eye watcht now to make him his prey petitioneth to the Lord Chauncellor and humbly by way of motion also desireth that the whole proceedings in the cause may be reuiewed the confession of the defendant Anne vpon her oath while shee liued may be considered and the proofes compared to see if any particular bond of two hundred pound or if any double summe of two hundred pound were proued inforcing that Bartram had already in his purse as much as any way was warranted by proofe The Lord Chauncellor somewhat compassionate herein and as in all cases so especially being tender to restraine the subiect of his libertie vnlesse hee incurre some manifest contempt was pleased herevpon to referre the same to Sir Iohn Tyndall and Master Doctor
Chamber this man possest with a murdrous Deuil taking that answer of Sir Iohn as a scorne discharged his Pistoll vpon him not before him but behinde him shot him through so as instantly he fell downe and with a groane only ended his life Company soone came in but Sir Iohn Tindalls man stricken into a maze was not able at first eyther with his hand to lay hold on the offender or by his speech to discouer him for Bartram had cast the Pistoll from him yet he hasted not away but stood still no straunger comming in suspecting him his hoary haires carried so graue a shew But after a little pause Sir Iohns man gaining his spirits againe and Bartram seeing hee could not bee hid reuealed himselfe and withall stabd himselfe with a pocket dagger but the vigilant eye of Sir Peter Hayman instantly taking hold of his arme so dulled the stroake as that the hurt was not great which this wretch perceiuing with his left arme drew forth a knife hauing prepared also a double weapon of death for himselfe and offered again to destroy himselfe but was likewise preuented Now alas Sir you see there was in trueth no words of prouocation in the answer of Sir Iohn and who knew his countenance must say it was euer milde and pleasing not lofty nor sower But malice that carries a man out of himselfe makes euery obiect seeme vglye and euery word sound harsh more speedily to thrust on reuenge Howbeit in the action it selfe you may obserue many things which might haue made Bartram hatefull to himselfe and which will still keep him liuing as a Monster of men and as a scorne to posterity For you see 1 The ground of his Malice was vniust stirred vp by a iust report as hath beene shewed before 2 If offence had beene in the Report hee should not haue beene his owne Reuenger but haue sought redresse at a higher hand the Lord Chancellor being neuer deafe to any iust complaint 3 He wreakes his Malice before the Report did hurt him for it was not then decreed 4 Fourthly he did it suddenly and vnsuspected vnder a shew of treaty and conference 5 He did it trecherously and cruelly discharging it behind his backe 6 Age assaulted age which is not vsuall each of them being 75. yeeres old at least 7 Obserue the place It was in an Honorable and ciuill society where euery man there thinkes himselfe within his Castell 8 It was done not with a single but with a double bullet as if hee had thought his flesh to haue beene of steele or as if his malice meant not onely to murder him but to mangle him 9 In this desperate fury his malice turned her edge vpon himselfe and he sought to haue beene his owne Butcher but that his Master the Diuell mercy not Interuenient reserued him as for the place of Iudas so for the end of Iudas to be his owne hangman 10. Which is most remarkeable herein he made a duellum and assault not onely vpon a iust man but euen vpon Iustice it selfe which the Diuel could not vaunt of in many Ages before and which is very fearefull in example For all the Iudges of the land yea all the Noble Counsellors of State if they consult but with their owne humane weakenesse may in feare of that man values most which is his life let fall and vnloose their courage in doing Iustice least he that thinkes himselfe wrongd prepare the like Repast for them which Bartram heere did for Sir Iohn Tyndall Howbeit I hope such feares shall vanish for sure God who is the preseruer of men will not suffer Iustice which is the bond of mans societie to bee broken but though by this execrable Action one linke bee fallen yet the chaine is whole and hee will still increase it both in strength and beautie Againe forbeare to censure the manner of Sir Iohn Tyndals death speed of death is not alway a Iudgement nor the suddennesse of it suspicious where it findes a man in the way of Righteousnes but argues anger when it takes a man in an act of sinne Sir Iohn Tyndall was at this time walking in his Calling appointed by God and Bartram in his Calling appointed by the Diuell Heere what Salomon sayes and it will both stay your heart and set strait your iudgement Eccles 7.17 There is a iust man that perisheth in his iustice 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 vpon his account You see and may perswade your selfe that Sir Iohn paying that debt to God which was due to Nature and being by a malicious hand offered vp as a sacrifice both for his Iustice and in his Iustice had the Angels his attendants to carry him to heauen for there is rest to the children of God And as for Bartram though it be safest to leaue his iudgement to God yet if the tree be iudged by the fruit it being both corrupt and rotten we may say it was neere to burning But I will returne to Bartram liuing This detestable murther was presently spread abroad and at the first it was as strangely voyced as committed For fame taking holde no doubt of the obstinate carriage of Bartram without remorse and interpreting the Induration of his heart to proceed from some great Iniustice done him by Sir Iohn Tyndall blazed it abroad as if hee had beene but a kinde of scourge of God vpon an vnrighteous Iudge and that though he was not to bee Iustified in the Fact yet he was to be pittied in his wrong So as that Spirit which was first a spirit of Malice in the heart of Bartram turnd it selfe into the spirit of Errour in the mouthes of men But the first thing that was done in proceeding against this foule Murder was that the Iudges of the Kings Bench tooke examination of the fact And being doubtfull that his hurts were dangerous and desirous that an examplar Iustice should not by accident be preuented gaue order he should be speedily indited and arraigned Maister Atturney Generall also hauing a care that a cause of so great consequence that might aswell strike feare into the best Iudges as sore warne the corrupt nay might concerne any man that hath in any place or office but the power to discontent so that no man can tel who shall suffer and who shall looke on should not passe in any obscure and ordinary manner sent for Maister Sollicitor and desired him that he would be prouided to make some declaration such as the cause required for the honour of Iustice and for a note of distinction betweene so rare a cause and ordinarie matters of the Crowne Maister Atturney conceiuing at that time that the fact being so notorious and confessed vpon examination Bartram would not haue pleaded not Guiltie but it fell so out that hee confessed not the Inditement but pleaded not Guiltie whereupon the Iurie being not then ready at
the Barre further day was giuen for his triall In the meane time his Maiesty hearing of this strange accident as his manner is was desirous to penetrate into the roote and Center of this mans malice and fact and in his Princely wisedome considering that this cruell murther must either spring from the instigation of others or from Bartram himselfe And if from Bartram it must proceed either from an inueterate habite of a desperate and wicked life or for some vnsufferable wrong that Sir Iohn Tyndall had done him signified his pleasure by the Lord Chamberlin vnto Master Atturney That there should be some stay of the publike proceeding vntill Bartram were farther examimed and directed the Examination to bee vpon three heads First touching the Incitation Secondly touching Bartrams course of life and Religion and lastly touching the Iustnes or Iniquity of Sir Iohn Tyndals report Whereupon Master Atturney calling Master Sollicitor to assist him took the examination whereof I send you a coppy hauing obtained leaue of his Honor so to doe In which examination it plainely appeares that the Diuell needed no Broker but wrought immediatly ypon the malice of the man whose course and conuersation of life was alwayes disordered and not without touch of Popish Religion though it seemeth to be true that hee was a kind of Church-walker in Westminster and came diuers times to heare either the seruice or the musicke But for Sir Iohn Tyndall he doth sufficiently cleer him from bribery either from being corrupted by his aduersary or tempted by himselfe and in the merits of the cause hee had scarce a word in his mouth to impeach the report as you may well perceiue if you compare his examination with the former relation of this businesse in so much as both at that time hee did confesse that it was one of the foulest murders that euer was committed And after hee said to his vnder keeper that the Kings Counsell who had vsed him with much compassion towards his age and hurt had cut sore into the businesse as finding belike at that time some compunction though it after vanished as the morning cloud For notwithstanding the Lord Chancellor had in great wisdome giuen especiall charge and direction that cate should be had of this man as well for his body as for his soule For his body in 2. kindes that his hurts should bee looked to and that hee should be kept from doing himselfe mischiefe hauing once attempted it And for his soule that hee might haue some godly Preacher to bring him to the sence of his sinne which is not so well discerned in the commitment of it as in the punishment of it and to saue him from impenitency yet so was Gods will that in the end he destroyed himselfe but yet in that forme of execution which the Law and Iustice had prescribed and not by any other death as he had formerly sought to effect For on the seauenteenth day of this moneth being Sunday in the morning this man tooke occasion to send away his keeper to fetch him a Bible for his comfort requiring that it might bee a latine Bible and with a Concordance thinking belike that such a Bible was not so easie to be had but there being one found in the house and his keeper bringing it sooner then he expected hee sent him againe for an English Bible and that also being quickely returned vnto him he said he was not satisfied with the translation and desired another Translation which hee thought was harder to get and the better to winne time told his keeper likewise that his stomacke was empty and therefore desired him to bring with him also some Ale with a toste and in the meane time by a rope that he had gotten tied vnto a Tenter hooke that was fastened aboue the window to hang a hat on hee hanged himselfe his legges almost trayling on the ground The continuance of which desperate resolution to make away himselfe the reason may bee gathered vpon some speech he let fall at seuerall times as I haue heard that hee would bee sorry to bee hanged in chaines so that hee that had no sence of preseruing his life and soule yet had apprehension and care of his sencelesse Carcase And so you haue here an end of this Tragedie not presuming to giue any iudgement either of the furious passions of these times or of the dangers of Authoritie or of the errors of Rumor not to make any interpretation of the fact or the circumstances thereof but by this plaine declaration which I here send you leaue the same to your meditations who I am sure desires to know the truth herein and who haue more leasure and will enter into them more sincerely perhaps then we doe here in London 29. Nouember 1616. Your assured Friend N. T. The Examination of John Bartram taken this 16. day of Nouember 1616. before Sir Francis Bacon his Maiesties Atturney Generall and Sir Henry Yeluerton his Maiesties Solicitor Generall LONDON Printed by Iohn Beale 1616. Iohn Bartram BEing asked whither after his discontentment at the Report of Sir Io Tindall and Doctor Amy hee did not vse any words or speeches to his Atturney or any priuate friend whereby hee threatned the reuenge vpon Sir Io Tindall he protesteth that as he desireth comfort at his resurrection he did neuer vse any such speeches to any person Being asked touching his Religion he saith he is no Papist nor euer was but saith that hee was about 20. yeares since indicted in the Kings bench by malice for Recusancie to which hee then pleaded his conformity and was discharged thereby Being asked whether euer hee gaue or promised to giue to Sir Io Tindall any money reward or gratuity in this Cause he denyeth that euer he gaue anie or had at any time any speech with him tending to any such purpose Being asked whether hee had any knowledge that Sir John Tindall or Doctor Amy were corrupted or bribed by his aduersary to make the last Report saith that hee doth not know it Being asked the state of the question being whether there were any particular bond or debt of 200. pound betweene Harris and Chamberlin besides debts vpon Accompt and vppon specialtie amounting to that sum whether hee knew of any such particular bond or not he saith hee neuer saw any such bond nor knoweth it otherwise then by the recitall thereof made in the decree and some Orders made in that Cause and in a crosse bill wherein as he conceiueth there is mention therof Being asked whether hee be penitent for his Fact saith that hee taketh it to bee as foule a murder as euer was committed and if he hath vttered any speeches to the contrary he is very sory for it John Bartram Examinatur coram Fra Bacon Hen Yeluerton