24th.  Lay long, having a cold.  Then to my Lord and sent him going to Oxford, and I to my office, whither comes Sir William Batten now newly from Oxford.  I can gather nothing from him about my Lord Sandwich about the business of the prizes, he being close, but he shewed me a bill which hath been read in the House making all breaking of bulke for the time to come felony, but it is a foolish Act, and will do no great matter, only is calculated to my Lord Sandwich’s case.  He shewed me also a good letter printed from the Bishopp of Munster to the States of Holland shewing the state of their case.  Here we did some business and so broke up and I to Cocke, where Mr. Evelyn was, to dinner, and there merry, yet vexed again at publique matters, and to see how little heed is had to the prisoners and sicke and wounded.  Thence to my office, and no sooner there but to my great surprise am told that my Lord Sandwich is come to towne; so I presently to Boreman’s, where he is and there found him:  he mighty kind to me, but no opportunity of discourse private yet, which he tells me he must have with me; only his business is sudden to go to the fleece, to get out a few ships to drive away the Dutch.  I left him in discourse with Sir W. Batten and others, and myself to the office till about 10 at night and so, letters being done, I to him again to Captain Cocke’s, where he supped, and lies, and never saw him more merry, and here is Charles Herbert, who the King hath lately knighted.

[This person, erroneously called by Pepys Sir C. Herbert, will be best defined by subjoining the inscription on his monument in Westminster Abbey:  “Sir Charles Harbord, Knight, third son of Sir Charles Harbord, Knight, Surveyor-General, and First Lieutenant of the Royall James, under the most noble and illustrious Captaine, Edward, Earle of Sandwich, Vice-Admirall of England, which, after a terrible fight, maintained to admiration against a squadron of the Holland fleet, above six hours, neere the Suffolk coast, having put off two fireships; at last, being utterly disabled, and few of her men remaining unhurt, was, by a third, unfortunately set on fire.  But he (though he swome well) neglected to save himselfe, as some did, and out of perfect love to that worthy Lord, whom, for many yeares, he had constantly accompanyed, in all his honourable employments, and in all the engagements of the former warre, dyed with him, at the age of xxxii., much bewailed by his father, whom he never offended; and much beloved by all for his knowne piety, vertue, loyalty, fortitude, and fidelity.”—­B.]

My Lord, to my great content, did tell me before them, that never anything was read to the King and Council, all the chief Ministers of State being there, as my letter about the Victualling was, and no more said upon it than a most thorough consent to every word was said, and directed, that it be pursued and practised.  After much mirth, and my Lord having travelled all night last night, he to bed, and we all parted, I home.