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But certainly it is a thing of great antiquity, and I am mightily glad to see it: it is near to Alesford, where Sir John Bankes lives. So homeward to Chatham, Captain Allen's, and there light. 25th. Up, and by and by, about eight o'clock, came Rear-Admirall Kempthorne and seven captains more, by the Duke of York's order, as we expected, to hold the Court-martiall about the loss of "The Defyance."

He said, but for his interest, which he knew he had at Court, he had hanged him at the yard's-arm without staying for a Court-martiall. One Colonell Howard, at the table, magnified the Duke of Albemarle's fight in June last, as being a greater action than ever was done by Caesar.

Up, and with Colonel Middleton, at the desire of Rear-Admiral Kempthorne, the President, for our assisting them, to the Court-martiall on board a yacht in the River here, to try the business of the Purser's complaints, Baker against Trevanion, his Commander, of "The Dartmouth."

They at dinner before I come; and, when I had dined, I away home, and thence to White Hall, where the Board waited on the Duke of York to discourse about the disposing of Sir Thomas Allen's fleete, which is newly come home to Portsmouth; and here Middleton and I did in plain terms acquaint the Duke of York what we thought and had observed in the late Court-martiall, which the Duke did give ear to; and though he thinks not fit to revoke what is already done in this case by a Court-martiall, yet it shall bring forth some good laws in the behaviour of Captains to their under Officers for the time to come.

Seymour to visit me, a talking fellow: but I hear by him that Captain Trevanion do give it out every where, that I did overrule the whole Court-martiall against him, as long as I was there; and perhaps I may receive, this time, some wrong by it: but I care not, for what I did was out of my desire of doing justice. So the office, where late, and then home to supper and to bed.

Middleton and I did in plain terms acquaint the Duke of York what we thought and had observed in the late Court-martiall; which the Duke of York did give ear to, and though he thinks not fit to revoke what is already done in this case by a Court- martiall, yet it shall bring forth some good laws in the behaviour of captains to their under-officers for the time to come. 7th.

They at dinner before I come; and, when I had dined, I away home, and thence to White Hall, where the Board waited on the Duke of York to discourse about the disposing of Sir Thomas Allen's fleete, which is newly come home to Portsmouth; and here Middleton and I did in plain terms acquaint the Duke of York what we thought and had observed in the late Court-martiall, which the Duke did give ear to; and though he thinks not fit to revoke what is already done in this case by a Court-martiall, yet it shall bring forth some good laws in the behaviour of Captains to their under Officers for the time to come.

Wren having this day sent me, the Duke of York's commission to be Captain of "The Jerzy," in order to my being of a Court-martiall for examining the loss of "The Defyance," and other things; which do give me occasion of much mirth, and may be of some use to me, at least I shall get a little money by it for the time I have it; it being designed that I must really be a Captain to be able to sit in this Court.

He said, but for his interest, which he knew he had at Court, he had hanged him at the yard's-arm, without staying for a Court-martiall. One Colonel Howard, at the table, magnified the Duke of Albemarle's fight in June last, as being a greater action than ever was done by Caesar.

Wren having this day sent me, the Duke of York's commission to be Captain of "The Jerzy," in order to my being of a Court-martiall for examining the loss of "The Defyance," and other things; which do give me occasion of much mirth, and may be of some use to me, at least I shall get a little money by it for the time I have it; it being designed that I must really be a Captain to be able to sit in this Court.