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 th