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Papers of the Winthrop Family, Volume 1

Editorial Note

On November 12, 1616, John Bertram, a grave man, about seventy years of age and of a clear reputation (William Camden, Annales ab Anno 1603 ad Annum 1623, 21, printed in the edition of his Epistolae, London, 1691), shot Sir John Tyndal, Master of Chancery, as he was entering his chamber in Lincoln’s Inn. The act was in revenge for a decision rendered by Sir John Tyndal against Bertram, the sum in contention not exceeding £200, yet involving, Bertram claimed, his whole fortune. As complaints were made of the Courts of Chancery the King desired to use the opportunity to inquire into their methods, but the murderer defeated such a purpose by hanging himself in prison on the 17th of November—five days after his deed. Sir Francis Bacon, then Attorney General, under the King’s direction took an interest in the case as the following letters prove. He wrote to the Lord Viscount Villiers, afterwards the Duke of Buckingham, a letter dated Sunday night, the day on which Bertram hanged himself, November 17: “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 further proceeded with. And for my part, before I had received his majesty’s pleasure by my Lord Chamberlain [William Herbert, Earl of Pembroke (1580–1630)], went thus far; that I had appointed him to be further examined, and also had taken order with Mr. Solicitor [Sir Henry Yelverton (1566–1629)] that he should be provided to make some declarations at his trial, in some solemn fashion, and not to let such a strange murder pass as if it had been but a horsestealing.

“But upon his majesty’s pleasure signified, I forthwith caused the trial to be stayed, and examined the party according to his majesty’s questions; and also sent for the prin­180cipa 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 this 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 [Sir Thomas Egerton (1540?–1617), Viscount Brackley?] to have both his majesty’s royal care, and the truth of the fact, with the circumstances manifested and published.” Bacon, Works (London, 1825–34), XII. 236.

Four days later Bacon wrote to the King: “For this wretched murderer, Bertram, now gone to his place, I have, perceiving your majesty’s good liking of what I propounded, taken order, that there shall be a declaration concerning the cause in the king’s bench, by occasion of punishment of the offence of his keeper; and another in Chancery, upon the occasion of moving for an order, according to his just and righteous report. And yet withal, I have set on work a good pen, and myself will overlook it, for making some little pamphlet fit to fly abroad in the country.” Bacon, Works (London, 1825–34), VII. 356.The pamphlet, entered at Stationers’ Hall on November 26, bears the title: A True Relation of the Ground, Occasion, and Circumstances, of that Horrible Murther Committed by J. Bartram upon the Body of Sir J. Tyndal. Written by Way of Letter, from a Gentleman N. T.—i. e., Trott to his Country Friend. Together with the Examination of the said Bartram. 2 pts. B. M., Catalogue of Printed Books, XLVIII. 36; Registers of the Company of Stationers, ed. Arber, III. 598. On December 7 Edward Sherburn sent to Sir Dudley Carleton a “justification of Sir John Tyndall against the accusations of Bertram,” doubtless the same pamphlet. Calendar of State Papers, Domestic, 1611–1618, 412. Another edition, with somewhat altered title, was issued in the following year. B. M., Catalogue of Printed Books, XCVII. 248; Pollard and Redgrave, Short-Title Catalogue, 313.

Sir John Tyndal was admitted to Lincoln’s Inn December 8, 1562, to the bar in 1570, and to the bench in 1582. In 1588 he was Keeper of the Black Book; in 1590, Treasurer; in 1594, Lent Reader; in 1599, Dean of the Chapel, holding that place until 1611; and served on committees. He was appointed a Master in Chancery in 1598, and was knighted July 23, 1603. Venn, A. C. , IV. 284; Morant, Essex, II. 280–281; Lincoln’s Inn, Black Books, I. 373, 410, 458; II. 10, 17, 38, 59, 136, etc.

1.

P. C. C., 126 Cope; Muskett, 149.

Will of Sir John Tyndal
Tyndal, John

1616-12-02

I, Sir John Tyndall1 of Much Maplestead in the Countie of Essex, Knight, consideringe that my tyme of departure out of this transitorie life is, by the ordinarie age of man, nowe neere at hande, yet in my reasonable 181health and vnderstandinge, doe make my will. I bequeathe both my bodie and sowle into the mercifull handes of Jesus Christ, my onely Saviour and Redeemer. I have by severall deedes heretofore disposed of certaine of my hereditaments and chattells. The rest of my goods I give vnto my deerely beloved wife,2 whome I also appoint sole executor, duringe her life, and after her death I give saide residue vnto my verie kinde and lovinge brother Fraunces Tindall3 Esquire and make him my onely executor. And after his death I make my sonne Deane Tyndall executor: and yf he refuse, then my sonne Arthur Tyndall and my daughter Margaret Tyndall. Item I give to my saide wife the guilt bason and ewer, and the guilt cupps, and white silver bowle which sometymes were her first husbandes. Item I give vnto her my great and little white silver salt with their covers; and my guilt tankarde and all the chaines of gold and borders of gold and other Jewells which she hath heretofore vsed to weare. I desire Sir John Deane Knight and the lady his wife,4 my brother Francis Tindall and my sister Fisher,5 my nephew Mr. Thomas Fisher and loving brothers in lawe Mr. Thomas Egerton and Mr. Stephen Egerton may haue ringes. House in Much Maple-stead wherein I dwell to my sonne Arthur Tindall after decease of wife. Probatum 2 Dec. 1616 Juramento Deane Tindall: Relicta renunciante.

1.

Son of Sir Thomas Tyndall of Hockwold and Great Maplestead, and his second wife, Anne, daughter of Sir Henry Fermor of East Bersham, co. Norfolk. Muskett, 153; Visitations of Essex, I. 511; L. and L. , I. 123–126. The Tyndals traced their ancestry to the Emperor Henry VII, through John, the blind King of Bohemia, slain at Crécy in 1346. Thomas Fuller, in his History of the University of Cambridge (1655), p. 81, reports a tradition concerning Humphrey Tyndal, D.D., Dean of Ely and Master of Queens’ College, Sir John’s brother, who died in 1614, that “in the reign of Queen Elizabeth he was proffered by a Protestant Party inBohemia to be made King thereof Sure I am, he gave the Armes of Bohemia (viz.) Mars, a Lyon with a forked Tayle, Luna, crowned Sol, with a Plume of Estrich-feathers for a Crest.”

2.

Anne, daughter of Thomas Egerton of Wallegrange, co. Suffolk, and widow of William Deane. In the Visitation of Essex, 1558, she is described as the daughter of Thomas Egerton of London, armiger, and widow of—Blithe, clerk of the council of York. In the Visitations of 1612 and 1634 the father is given as of Wallegrange and again of Wrinhill, co. Chester, and no mention is made of Blithe. Visitations of Essex, 1. 47, 188, 388, 511.

3.

He died in 1633, aged eighty, without issue. Muskett, 153.

4.

Son of William Deane of Dynes in Much Maplestead, co. Essex, and Anne Egerton, who later married Sir John Tyndall. Sir John Deane was married to Anne, daughter of Sir Drew Drury of Riddlesworth, co. Norfolk. Muskett, 154; Visitations of Essex, 1. 47, 188, 388.

5.

Susan, married (1) James Whittall and (2) Thomas Fisher of London. Muskett, 153.