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Stephens's first collection, p. 186.

CLXIV. To the Lord Viscount VILLiers.

My very good Lord,

I THINK his majesty was not only well advised, but well inspired, to give order for this same wicked child of Cain, Bertram, to be examined before he was farther proceeded with. And I for my part, before I had received his majesty's pleasure by my lord chamberlain, went thus far; that I had appointed him to be farther examined, and also had taken order with Mr. Solicitor that he should be provided to make some declaration at his trial in some solemn fashion, and not to let such a strange murder pass, as if it had been but a horse-stealing.

But upon his majesty's pleasure signified, I forthwith caused the trial to be staid, and examined the party according to his majesty's questions; and also sent for the principal counsel in the cause, whereupon Sir John Tyndal's report was grounded, to discern the justice or iniquity of the said report, as his majesty likewise commanded.

I send therefore the case of Bertram truly stated and collected, and the examination taken before myself and Mr. Solicitor; whereby it will appear to his majesty that 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.

8

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,
FR. BACON.

Sunday night, Nov. 17, 1616.

CLXV. To Sir FRANCIS BACON, his Majesty's Stephens's

SIR,

Attorney-General.

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 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.

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 chancery, 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.

second collection,

p. 23.

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 be repealed, 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, 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 2001. 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.
My very good Lord,

To the Lord Viscount VILLIERS.

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 farther care shall be needless: for I desire to take nothing from my master and my friend but care; and therein I am so covetous, as I will leave them as little as may be.

Now therefore things are grown to a conclusion, touching your land and office, I will give your lordship an account of that which is passed; and acquaint your judgment, which I know to be great and capable of any thing, with your own business; that you may discern the difference between doing things substantially, and between shuffling and talking: and first for your patent.

First, it was my counsel and care that your book

Stephens's first collec tion,p. 189.

should be fee-farm, and not fee-simple; whereby the rent of the crown in succession is not diminished, and yet the quantity of the land, which you have upon your value, is enlarged; whereby you have both honour and profit.

Secondly, By the help of Sir Lyonel Cranfield I advanced the value of Sherbourn from 26,000l. (which was thought and admitted by my lord treasurer and Sir John Deccombe, as a value of great favour to your lordship, because it was a thousand pound more than it was valued at to Somerset) to thirty-two thousand pounds; whereby there were six thousand pounds gotten, and yet justly.

Thirdly, I advised the course of rating Hartington at a hundred years purchase, and the rest at thirtyfive years purchase fee-farm, to be set down and expressed in the warrant; that it may appear and remain of record, that your lordship had no other rates made to you in favour, than such as purchasers upon sale are seldom drawn unto; whereby you have nonour.

Fourthly, That lease to the feoffees, which was kept as a secret in the decke, and was not only of Hartington, but also of most of the other particulars in your book, I caused, to be throughly looked into and provided for; without which your assurance had been nothing worth: and yet I handled it so, and made the matter so well understood, as you were not put to be a suitor to the prince for his good-will in it, as others ignorantly thought you must have done.

Fifthly, The annexation," which no body dreamt of, and which some idle bold lawyer would perhaps have said had been needless; and yet is of that weight, that there was never yet any man that would purchase any such land from the king, except he had a declaration to discharge it, I was provident to have it discharged by declaration.

Sixthly, Lest it should be said that your lordship was

The annexation; by which lands, etc. were united or annexed to the duchies of Cornwall and Lancaster.

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