Diary, Feb 1659/60 | Page 9

courage to move for an habeas corpus, but judge Newdigate decided that the courts of law had not the power to discharge him. Upon Monk's coming to London, the secluded members passed a vote to liberate Pye, and at the Restoration he was appointed equerry to the King. He died in 1701.--B.]
this morning came to desire his discharge from the Tower; but it could not be granted. After that I went to Mrs. Jem, who I had promised to go along with to her Aunt Wright's, but she was gone, so I went thither, and after drinking a glass of sack I went back to Westminster Hall, and meeting with Mr. Pierce the surgeon, who would needs take me home, where Mr. Lucy, Burrell, and others dined, and after dinner I went home and to Westminster Hall, where meeting Swan I went with him by water to the Temple to our Counsel, and did give him a fee to make a motion to-morrow in the Exchequer for Mr. Downing. Thence to Westminster Hall, where I heard an action very finely pleaded between my Lord Dorset and some other noble persons, his lady and other ladies of quality being here, and it was about; L330 per annum, that was to be paid to a poor Spittal, which was given by some of his predecessors; and given on his side. Thence Swan and I to a drinking-house near Temple Bar, where while he wrote I played on my flageolet till a dish of poached eggs was got ready for us, which we eat, and so by coach home. I called at Mr. Harper's, who told me how Monk had this day clapt up many of the Common-council, and that the Parliament had voted that he should pull down their gates and portcullisses, their posts and their chains, which he do intend to do, and do lie in the City all night. I went home and got some ahlum to my mouth, where I have the beginnings of a cancer, and had also a plaster to my boil underneath my chin.

10th. In the morning I went to Mr. Swan, who took me to the Court of Wards, where I saw the three Lords Commissioners sitting upon some cause where Mr. Scobell was concerned, and my Lord Fountaine took him up very roughly about some things that he said. After that we went to the Exchequer, where the Barons were hearing of causes, and there I made affidavit that Mr. Downing was gone into Holland by order of the Council of State, and this affidavit I gave to Mr. Stevens our lawyer. Thence to my office, where I got money of Mr. Hawly to pay the lawyer, and there found Mr. Lenard, one of the Clerks of the Council, and took him to the Swan and gave him his morning draft. Then home to dinner, and after that to the Exchequer, where I heard all the afternoon a great many causes before the Barons; in the end came ours, and Squib proved clearly by his patent that the house and office did now belong to him. Our lawyer made some kind of opposition, but to no purpose, and so the cause was found against us, and the foreman of the jury brought in L10 damages, which the whole Court cried shame of, and so he cried 12d. Thence I went home, vexed about this business, and there I found Mr. Moore, and with him went into London to Mr. Fage about the cancer in my mouth, which begins to grow dangerous, who gave me something for it, and also told me what Monk had done in the City, how he had pulled down the most part of the gates and chains that they could break down, and that he was now gone back to White Hall. The City look mighty blank, and cannot tell what in the world to do; the Parliament having this day ordered that the Common- council sit no more; but that new ones be chosen according to what qualifications they shall give them. Thence I went and drank with Mr. Moore at the Sugar Loaf by Temple Bar, where Swan and I were last night, and so we parted. At home I found Mr. Hunt, who sat talking with me awhile, and so to bed.

11th. This morning I lay long abed, and then to my office, where I read all the morning my Spanish book of Rome. At noon I walked in the Hall, where I heard the news of a letter from Monk, who was now gone into the City again, and did resolve to stand for the sudden filling up of the House, and it was very strange how the countenance of men in the Hall was all