LITMIR.BIZ

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W. Pen by coach to Exeter House to our lawyers to have consulted about our trial to-morrow, but missed them, so parted, and [Sir] W. Pen and I to Mr. Povy's about a little business of [Sir] W. Pen's, where we went over Mr. Povy's house, which lies in the same good condition as ever, which is most extraordinary fine, and he was now at work with a cabinet-maker, making of a new inlaid table. Having seen his house, we away, having in our way thither called at Mr. Lilly's, who was working; and indeed his pictures are without doubt much beyond Mr. Hales's, I think I may say I am convinced: but a mighty proud man he is, and full of state. So home, and to the office, and by and by to dinner, a poor dinner, my wife and I, at Sir W. Pen's, and then he and I before to Exeter House, where I do not stay, but to the King's playhouse; and by and by comes Mr. Lowther and his wife and mine, and into a box, forsooth, neither of them being dressed, which I was almost ashamed of. Sir W. Pen and I in the pit, and here saw "The Mayden Queene" again; which indeed the more I see the more I like, and is an excellent play, and so done by Nell, her merry part, as cannot be better done in nature, I think. Thence home, and there I find letters from my brother, which tell me that yesterday when he wrote my mother did rattle in the throat so as they did expect every moment her death, which though I have a good while expected did much surprise me, yet was obliged to sup at Sir W. Pen's and my wife, and there counterfeited some little mirth, but my heart was sad, and so home after supper and to bed, and much troubled in my sleep of my being crying by my mother's bedside, laying my head over hers and crying, she almost dead and dying, and so waked, but what is strange, methought she had hair over her face, and not the same kind of face as my mother really hath, but yet did not consider that, but did weep over her as my mother, whose soul God have mercy of.

      26th. Up with a sad heart in reference to my mother, of whose death I undoubtedly expect to hear the next post, if not of my father's also, who by his pain as well as his grief for her is very ill, but on my own behalf I have cause to be joyful this day, it being my usual feast day, for my being cut of the stone this day nine years, and through God's blessing am at this day and have long been in as good condition of health as ever I was in my life or any man in England is, God make me thankful for it! But the condition I am in, in reference to my mother, makes it unfit for me to keep my usual feast. Unless it shall please God to send her well (which I despair wholly of), and then I will make amends for it by observing another day in its room. So to the office, and at the office all the morning, where I had an opportunity to speak to Sir John Harman about my desire to have my brother Balty go again with him to sea as he did the last year, which he do seem not only contented but pleased with, which I was glad of. So at noon home to dinner, where I find Creed, who dined with us, but I had not any time to talk with him, my head being busy, and before I had dined was called away by Sir W. Batten, and both of us in his coach (which I observe his coachman do always go now from hence towards White Hall through Tower Street, and it is the best way) to Exeter House, where the judge was sitting, and after several little causes comes on ours, and while the several depositions and papers were at large reading (which they call the preparatory), and being cold by being forced to sit with my hat off close to a window in the Hall, Sir W. Pen and I to the Castle Tavern hard by and got a lobster, and he and I staid and eat it, and drank good wine; I only burnt wine, as my whole custom of late hath been, as an evasion, God knows, for my drinking of wine (but it is an evasion which will not serve me now hot weather is coming, that I cannot pretend, as indeed I really have done, that I drank it for cold), but I will leave it off, and it is but seldom, as when I am in women's company, that I must call for wine, for I must be forced to drink to them. Having done here then we back again to the Court, and there heard our cause pleaded; Sir [Edward] Turner, Sir W. Walker, and Sir Ellis Layton being our counsel against only Sir Robert Wiseman on the other. The second of our three counsel was the best, and indeed did speak admirably, and is a very shrewd man. Nevertheless, as good as he did make our case, and the rest, yet when Wiseman come to argue (nay, and though he did begin so sillily that we laughed in scorn in our sleeves at him), yet he did so state the case, that the judge did not think fit to decide the cause to-night, but took to to-morrow, and did stagger us in our hopes, so as to make us despair of the success. I am mightily pleased with the judge, who seems a very rational, learned, and uncorrupt man, and much good reading and reason there is heard in hearing of this law argued, so that the thing pleased me, though our success doth shake me. Thence Sir W. Pen and I home and to write letters, among others a sad one to my father upon fear of my mother's death, and so home to supper and to bed.

      27th. [Sir] W. Pen and I to White Hall, and in the coach did begin our discourse again about Balty, and he promises me to move it this very day. He and I met my Lord Bruncker at Sir G. Carteret's by appointment, there to discourse a little business, all being likely to go to rack for lack of money still. Thence to the Duke of York's lodgings, and did our usual business, and Sir W. Pen telling me that he had this morning spoke of Balty to Sir W. Coventry, and that the thing was done, I did take notice of it also to [Sir] W. Coventry, who told me that he had both the thing and the person in his head before to have done it, which is a double pleasure to me. Our business with the Duke being done, [Sir] W. Pen and I towards the Exchequer, and in our way met Sir G. Downing going to chapel, but we stopped, and he would go with us back to the Exchequer and showed us in his office his chests full and ground and shelves full of money, and says that there is £50,000 at this day in his office of people's money, who may demand it this day, and might have had it away several weeks ago upon the late Act, but do rather choose to have it continue there than to put it into the Banker's hands, and I must confess it is more than I should have believed had I not seen it, and more than ever I could have expected would have arisen for this new Act in so short a time, and if it do so now already what would it do if the money was collected upon the Act and returned into the Exchequer so timely as it ought to be. But it comes into my mind here to observe what I have heard from Sir John Bankes, though I cannot fully conceive the reason of it, that it will be impossible to make the Exchequer ever a true bank to all intents, unless the Exchequer stood nearer the Exchange, where merchants might with ease, while they are going about their business, at all hours, and without trouble or loss of time, have their satisfaction, which they cannot have now without much trouble, and loss of half a day, and no certainty of having the offices open. By this he means a bank for common practise and use of merchants, and therein I do agree with him. Being parted from Sir W. Pen and [Sir] G. Downing, I to Westminster Hall and there met Balty, whom I had sent for, and there did break the business of my getting him the place of going again as Muster-Master with Harman this voyage to the West Indys, which indeed I do owe to Sir W. Pen. He is mighty glad of it, and earnest to fit himself for it, but I do find, poor man, that he is troubled how to dispose of his wife, and apparently it is out of fear of her, and his honour, and I believe he hath received some cause of this his jealousy and care, and I do pity him in it, and will endeavour to find out some way to do, it for him. Having put him in a way of preparing himself for the voyage, I did go to the Swan, and there sent for Jervas, my old periwig maker, and he did bring me a periwig, but it was full of nits, so as I was troubled to see it (it being his old fault), and did send him to make it clean, and in the mean time, having staid for him a good while, did go away by water to the Castle Taverne, by Exeter House, and there met Sir W. Batten, [Sir] W. Pen, and several others, among the rest Sir Ellis Layton, who do apply himself to discourse with me, and I think by his discourse, out of his opinion of my interest in Sir W. Coventry, the man I find a wonderful witty, ready man for sudden answers and little tales, and sayings very extraordinary witty, but in the bottom I doubt he is not so. Yet he pretends to have studied men, and the truth is in several that I do know he did give me a very inward account of them. But above all things he did give me a full account, upon my demand, of this judge of the Admiralty, Judge Jenkins; who, he says, is a man never practised in this Court, but taken merely for his merit and ability's sake from Trinity Hall, where he had always lived; only by accident the business of the want of a Judge being proposed to the present Archbishop of Canterbury that now is, he did think of this man and sent for him up: and here he is, against the 'gre' and content of the old Doctors, made judge, but is a very excellent man both for judgment and temper, yet majesty enough, and by all men's report, not to be corrupted. After dinner to the Court, where Sir Ellis Layton did make a very silly motion in our behalf, but did neither hurt nor good. After him Walker and Wiseman; and then the judge did pronounce his sentence; for some part of the goods and ship, and the freight of the whole, to be free, and returned and paid by us; and the remaining, which was the greater part, to be ours. The loss of so much troubles

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