The Diary of Samuel Pepys [303]
nature.
26th. To Exeter House, where the Judge was sitting, and there heard our cause pleaded; Sir -- Turner, Sir W. Walker, and Sir Ellis Layton being our counsel against Sir Robert Wiseman [D.C.L. King's Advocate 1669.] 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,) he did so state the case, that the Judge [Sir Leoline Jenkins, Principal of Jesus College, Oxford, and afterwards made Judge of the Admiralty and the Prerogative Court. He was subsequently employed on several Embassies, and in 1680 succeeded Henry Coventry as secretary of State. Ob. 1685, aged 62.] did not think it 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, though our success do shake me.
27th. To the Castle Taverne by Exeter House; and there Sir Ellis Layton, whom I find a wonderful witty, ready man for sudden answers and little tales, and sayings very extraordinary witty. 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, the present Archbishop of Canterbury 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 a 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 us; but we have got a pretty good part, thanks be to God! Received from my brother the news of my mother's dying on Monday about five or six o'clock in the afternoon, and that the last time she spoke of her children was on Friday last, and her last words were, "God bless my poor Sam!" The reading; hereof did set me a-weeping heartily.
29th. The great streets in the City are marked out with piles drove into the ground; and if ever it be built in that form with so fair streets, it will be a noble sight. To a periwigg-maker's and there bought two periwiggs, mighty fine indeed; too fine, I thought, for me; but he persuaded me, and I did buy them for 4l. 10s. the two. To the Bull-Head Taverne, whither was brought my French gun; and one Truelocke, the famous gunsmith, that is a mighty ingenious man, did take my gun in pieces, and made me understand the secrets thereof: and upon the whole I do find it a very good piece of work, and truly wrought; but for certain not a thing to be used much with safety: and he do find that this very gun was never yet shot off.
30th. To see the silly play of my Lady Newcastle's, [Margaret, daughter of Thomas Lucas of Colchester, and sister to John Lord Lucas, married William Marquis of Newcastle, created a Duke 1664.] called "The Humourous Lovers;" the most silly thing that ever came upon a stage. I was sick to see it, but yet would not but have seen it, that I might the better understand her.
31st. To church; and with my mourning, very handsome, and new periwigg, make a great show. Walked to my Lord Treasurer's, where the King, Duke of York, and the Caball, and much company without; and a fine day. Anon come out from the Caball my Lord Hollis and Mr. H. Coventry, [Third son of Thomas first Lord Coventry; after the Restoration made a Groom of the Bedchamber, and
26th. To Exeter House, where the Judge was sitting, and there heard our cause pleaded; Sir -- Turner, Sir W. Walker, and Sir Ellis Layton being our counsel against Sir Robert Wiseman [D.C.L. King's Advocate 1669.] 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,) he did so state the case, that the Judge [Sir Leoline Jenkins, Principal of Jesus College, Oxford, and afterwards made Judge of the Admiralty and the Prerogative Court. He was subsequently employed on several Embassies, and in 1680 succeeded Henry Coventry as secretary of State. Ob. 1685, aged 62.] did not think it 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, though our success do shake me.
27th. To the Castle Taverne by Exeter House; and there Sir Ellis Layton, whom I find a wonderful witty, ready man for sudden answers and little tales, and sayings very extraordinary witty. 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, the present Archbishop of Canterbury 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 a 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 us; but we have got a pretty good part, thanks be to God! Received from my brother the news of my mother's dying on Monday about five or six o'clock in the afternoon, and that the last time she spoke of her children was on Friday last, and her last words were, "God bless my poor Sam!" The reading; hereof did set me a-weeping heartily.
29th. The great streets in the City are marked out with piles drove into the ground; and if ever it be built in that form with so fair streets, it will be a noble sight. To a periwigg-maker's and there bought two periwiggs, mighty fine indeed; too fine, I thought, for me; but he persuaded me, and I did buy them for 4l. 10s. the two. To the Bull-Head Taverne, whither was brought my French gun; and one Truelocke, the famous gunsmith, that is a mighty ingenious man, did take my gun in pieces, and made me understand the secrets thereof: and upon the whole I do find it a very good piece of work, and truly wrought; but for certain not a thing to be used much with safety: and he do find that this very gun was never yet shot off.
30th. To see the silly play of my Lady Newcastle's, [Margaret, daughter of Thomas Lucas of Colchester, and sister to John Lord Lucas, married William Marquis of Newcastle, created a Duke 1664.] called "The Humourous Lovers;" the most silly thing that ever came upon a stage. I was sick to see it, but yet would not but have seen it, that I might the better understand her.
31st. To church; and with my mourning, very handsome, and new periwigg, make a great show. Walked to my Lord Treasurer's, where the King, Duke of York, and the Caball, and much company without; and a fine day. Anon come out from the Caball my Lord Hollis and Mr. H. Coventry, [Third son of Thomas first Lord Coventry; after the Restoration made a Groom of the Bedchamber, and