The Diary by Samuel Pepys (children's ebooks online TXT) 📕

again, and presently spying Sir W. Batten; I ’light and took him in and to the Globe in Fleet Street, by appointment, where by and by he and I with our solicitor to Sir E. Turner about Field’s business, and back to the Globe, and thither I sent for Dr. Williams, and he is willing to swear in my behalf against T. Trice, viz., that at T. Trice’s desire we have met to treat about our business. Thence (I drinking no wine) after an hour’s stay Sir W. Batten and another, and he drinking, we home by coach, and so to my office and set down my Journall, and then home to supper and to bed, my washing being in a good condition over. I did give Dr. Williams 20s. tonight, but it was after he had answered me well to what I had to ask him about this business, and it was only what I had long ago in my petty bag book allotted for him besides the bill of near £4 which I paid him a good while since by my brother Tom for physique for my wife, without any consideration to this business that he is to do for me, as God shall save me. Among the rest, talking of the Emperor at table today one young gentleman, a pretty man, and it seems a Parliament man, did say that he was a sot;1962 for he minded nothing of the Government, but was led by the Jesuites. Several at table took him up, some for saying that he was a sot in being led by the Jesuites, [who] are the best counsel he can take. Another commander, a Scott[ish] Colonel, who I believe had several under him, that he was a man that had thus long kept out the Turke till now, and did many other great things, and lastly Mr. Progers,1963 one of our courtiers, who told him that it was not a thing to be said of any Soveraigne Prince, be his weaknesses what they will, to be called a sot, which methinks was very prettily said.

27th. Up, and my uncle Thomas and his scrivener bringing me a bond and affidavit to my mind, I paid him his £20 for his daughter’s legacy, and £5 more for a Quarter’s annuity, in the manner expressed in each acquittance, to which I must be referred on any future occasion, and to the bond and affidavit. Thence to the office and there sat till noon, and then home to dinner, and after dinner (it being a foul house today among my maids, making up their clothes) abroad with my Will with me by coach to Dr. Williams, and with him to the Six Clerks’s office, and there, by advice of his acquaintance, I find that my case, through my neglect and the neglect of my lawyers, is come to be very bad, so as that it will be very hard to get my bill retayned again. However, I got him to sign and swear an affidavit that there was treaties between T. Trice and me with as much advantage as I could for me, but I will say that for him he was most exact as ever I saw man in my life, word by word what it was that he swore to, and though, God forgive me, I could have been almost naturally willing to have let him ignorantly have sworn to something that was not of itself very certain, either or no, yet out of his own conscience and care he altered the words himself so as to make them very safe for him to swear. This I carrying to my clerk Wilkinson, and telling him how I heard matters to stand, he, like a conceited fellow, made nothing of it but advised me to offer Trice’s clerks the cost of the dismission, viz., 46s. 8d., which I did, but they would not take it without his client. Immediately thereupon we parted, and met T. Trice coming into the room, and he came to me and served me with a subpœnâ for these very costs, so I paid it him, but Lord! to see his resolution, and indeed discretion, in the wording of his receipt, he would have it most express to my greatest disadvantage that could be, yet so as I could not deny to give it him. That being paid, my clerke, and then his began to ask why we could not think, being friends, of referring it, or stating it, first ourselves, and then put it to some good lawyer to judge in it. From one word to more we were resolved to try, and to that end to step to the Pope’s Head Tavern, and there he and his Clerke and Attorney and I and my Clerke, and sent for Mr. Smallwood, and by and by comes Mr. Clerke, my Solicitor, and after I had privately discoursed with my men and seen how doubtfully they talked, and what future certain charge and trouble it would be, with a doubtful victory, I resolved to condescend very low, and after some talk all together Trice and I retired, and he came to £150 the lowest, and I bid him £80. So broke off and then went to our company, and they putting us to a second private discourse, at last I was contented to give him £100, he to spend 40s. of it among this good company that was with us. So we went to our company, both seeming well pleased that we were come to an end, and indeed I am in the respects above said, though it be a great sum for us to part with. I am to pay him by giving him leave to buy about £40 worth of Piggott’s land and to strike off so much of Piggott’s debt, and the other to give him bond to pay him