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Up, and by and by, about eight o'clock, come Rear-Admiral 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;" and so presently we by boat to "The Charles," which lies over against Upnor Castle, and there we fell to the business; and there I did manage the business, the Duke of York having, by special order, directed them to take the assistance of Commissioner Middleton and me, forasmuch as there might be need of advice in what relates to the government of the ships in harbour.

After dinner with Commissioner Middleton and Kempthorne to a Court-martiall, to which, by virtue of my late captainship, I am called, the first I was ever at; where many commanders, and Kempthorne president. Here was tried a difference between Sir L. Van Hemskirke, the Dutch captain who commands "The Nonsuch," built by his direction, and his lieutenant; a drunken kind of silly business.

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 for the time I have it; it being designed that I must really be a captain to be able to sit in this Court.

Sheres dined with us, but after dinner I left him and my wife, and with Commissioner Middleton and Kempthorne to a Court-martiall, to which, by virtue of my late Captainship, I am called, the first I was ever at; where many Commanders, and Kempthorne president.

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.

April 1st. 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."

Sheres dined with us, but after dinner I left him and my wife, and with Commissioner Middleton and Kempthorne to a Court-martiall, to which, by virtue of my late Captainship, I am called, the first I was ever at; where many Commanders, and Kempthorne president.

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.

Seamour to visit me, a talking fellow; but I hear by him that Captain Trevanion do give it out every where that I did over-rule the whole Court-martiall against him, so long as I was there. And perhaps I may receive at this time some wrong by it; but I care not, for what I did was out of my desire to do justice. 11th. To Loton the landscape-drawer, a Dutchman, living in St.

Up, and by and by, about eight o'clock, come Rear-Admiral 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;" and so presently we by boat to "The Charles," which lies over against Upnor Castle, and there we fell to the business; and there I did manage the business, the Duke of York having, by special order, directed them to take the assistance of Commissioner Middleton and me, forasmuch as there might be need of advice in what relates to the government of the ships in harbour.