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 Bartram 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 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 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 eate 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 .