Diary, Feb 1659/60 | Page 9

did vote that they would not pay any taxes till the House was filled up.
I went to my office, where I wrote to my Lord after I had been at the
Upper Bench, where Sir Robert Pye
[Sir Robert Pye, the elder, was auditor of the Exchequer, and a staunch
Royalist. He garrisoned his house at Faringdon, which was besieged by
his son, of the same names, a decided Republican, son- in-law to
Hampden, and colonel of horse under Fairfax. The son, here spoken of,
was subsequently committed to the Tower for presenting a petition to
the House of Commons from the county of Berks, which he represented
in Parliament, complaining of the want of a settled form of government.
He had, however, the 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