The Case of John Bertram.

LEONARD Chamberlayne died intestate without issue, and left a sister married to Bertram, and a niece afterward married to Sir George Simeon.

The niece obtained letters of administration, and did administer; but afterward upon appeal, Bertram in the right of his wife, that was the sister, obtained the former administration to be repealed, and new letters of administration to be committed to Bertram and his wife, because the sister was nearer of kin than the niece.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 2007. 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 specialities and writings. Upon this pinch and advantage Bertram moved still that the bond of 2001. should be brought in, and at last the defendant alleging that there was no such bond, the court ordered that the money itself, namely, 2007. 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. Afterward 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. To the Lord Viscount VILLIERS. Stephens's

My very good Lord,

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

first collection, p. 188.

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 Lionel 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 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 honour.

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 thoroughly 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

(a) The annexation; by which lands, etc. were united or annexed to the dutchies of Cornwall and Lancaster.

the first, except the queen and the prince, that brake the annexation, upon a mere gift; for that others had it discharged only upon sale, which was for the king's profit and necessity; I found a remedy for that also, because I have carved it in the declaration, as that this was not gift to your lordship, but rather a purchase and exchange, as indeed it was, for Sherbourn.

Seventhly and lastly, I have taken order, as much as in me was, that your lordship in these things which you have passed be not abused, if you part with them: for I have taken notes in a book of their values and former offers.

Now for your office.

First, Whereas my lord Teynham, at the first, would have had your lordship have had but one life in it, and he another; and my lord treasurer, and the solicitor, and Deccombe, were about to give way to it: I turned utterly that course, telling them that you were to have two lives in it, as well as Somerset had.

Secondly, I have accordingly, in the assurance from your deputies, made them acknowledge the trust, and give security not only for your lordship's time, but after; so as you may dispose, if you should die, which I would be sorry to live to, the profits of the office by your will, or otherwise, to any of your friends for their

comfort and advancement.

Thirdly, I dealt so with Whitlocke as well as Heath, as there was no difficulty made of the surrender.

Lastly, I did cast with myself, that if your lordship's deputies had come in by Sir Edward Coke, who was tied to Somerset, it would have been subject to some clamour from Somerset, and some question what was forfeited by Somerset's attainder, being but of felony, to the king; but now they coming in from a new chief justice, all is without question or scruple.

Thus your lordship may see my love and care towards you, which I think infinitely too little in respect of the fulness of my mind; but I thought good to write this, to make you understand better the state of your own business; doing by you as I do by the king;

which is, to do his business safely and with foresight, not only of to-morrow or next day, but afar off; (a) and not to come fiddling with a report to him what is done every day, but to give him up a good sum in the end.

I purpose to send your lordship a kalendar fair written of those evidences which concern your estate, for so much as have passed my hands; which in truth i are not fit to remain with solicitors, no nor with friends, but in some great cabinet to be made for that purpose.

All this while I must say plainly to your lordship, that you fall short for your present charge, except you play the good husband; for the office of Teynham is in reversion, Darcey's land is in reversion; all the land in your books is but in reversion, and yields you no present profit, because you pay the fee-farm. So as you are a strange heteroclite in grammar, for you want the present tense; many verbs want the præterperfect tense, and some the future tense, but none want the present tense. I will hereafter write to your lordship, what I think of for that supply; to the end that you may, as you have begun to your great honour, despise money, where it crosseth reason of state or virtue. But I will trouble you no farther at this time. God ever preserve and prosper your

lordship.

Nov. 29, 1616.

Your true and most devoted servant,

FR. BACON.

(a) Certainly the wisdom of foresight and prevention, is far above the wisdom of remedy; and yet I fear the following observation Sir Francis Bacon makes in his essay of empire, concerning the times in or near which he lived, hath been verified too much in others. “This is true, that the wisdom of all these later times "in princes' affairs, is rather fine deliveries and shiftings of dangers " and mischiefs when they are near, than solid or grounded courses "to keep them aloof. But this is but to try masteries with fortune; and let men beware how they neglect and suffer matter "of trouble to be prepared; for no man can forbid the spark, nor tell whence it may come."