all acts of the testator, but only my own, my cozen said he never heard it asked before; and the other that it was always asked, and he never heard it denied, or scrupled before, so great a distance was there in their opinions, enough to make a man forswear ever having to do with the law; so they agreed to refer it to Serjeant Maynard.  So we broke up, and I by water home from the Temple, and there to Sir W. Batten and eat with him, he and his lady and Sir J. Minnes having been below to-day upon the East India men that are come in, but never tell me so, but that they have been at Woolwich and Deptford, and done great deal of business.  God help them.  So home and up to my lute long, and then, after a little Latin chapter with Will, to bed.  But I have used of late, since my wife went, to make a bad use of my fancy with whatever woman I have a mind to, which I am ashamed of, and shall endeavour to do so no more.  So to sleep.

30th.  Up betimes yesterday and to-day, the sun rising very bright and glorious; and yet yesterday, as it hath been these two months and more, was a foul day the most part of the day.  By and by by water to White Hall, and there to my Lord’s lodgings by appointment, whither Mr. Creed comes to me, having been at Chelsey this morning to fetch my Lord to St. James’s.  So he and I to the Park, where we understand that the King and Duke are gone out betimes this morning on board the East India ships lately come in, and so our meeting appointed is lost.  But he and I walked at the further end of the Park, not to be observed, whither by and by comes my Lord Sandwich, and he and we walked two hours and more in the Park and then in White Hall Gallery, and lastly in White Hall garden, discoursing of Mr. Creed’s accounts, and how to answer the Treasurer’s objections.  I find that the business is L500 deep, the advantage of Creed, and why my Lord and I should be concerned to promote his profit with so much dishonour and trouble to us I know not, but however we shall do what we can, though he deserves it not, for there is nothing even to his own advantage that can be got out of him, but by mere force.  So full of policy he is in the smallest matters, that I perceive him to be made up of nothing but design.  I left him here, being in my mind vexed at the trouble that this business gets me, and the distance that it makes between Sir G. Carteret and myself, which I ought to avoyd.  Thence by water home and to dinner, and afterwards to the office, and there sat till evening, and then I by water to Deptford to see Sir W. Pen, who lies ill at Captain Rooth’s, but in a way to be well again this weather, this day being the only fair day we have had these two or three months.  Among other discourse I did tell him plainly some of my thoughts concerning Sir W. Batten. and the office in general, upon design for him to understand that I do mind things and will not balk to take notice of them, that when he comes to be well again he may