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At noon dined with Sir W. Pen, a piece of beef only, and I counterfeited a friendship and mirth which I cannot have with him, yet out with him by his coach, and he did carry me to a play and pay for me at the King's house, which is "The Rivall Ladys," a very innocent and most pretty witty play. I was much pleased with it, and it being given me, I look upon it as no breach to my oathe.

"What the Court accepts and the prisoner accepts differing from the law is nothing what the law admitts is al in the case. "If one jury may be changed two, ten, the whole may be so, and solemn oathe made uain.

Verilie, so longe as the matter remaineth in nubibis, as the Latins say, or in the Region of the Imagination, as oure speeche hath it, he will beleeve, yea, take his oathe, that he still is master of all those capacities and energies whiche, in his youthe, would have prompted and enabled him to profit by this desired occurrence.

April 4. Father bidden to the coronation by three bishops. He hath, with curtesie, declined to be present. I have misgivings of the issue. April 15. Father summoned forth to the Council to take the oathe of supremacie. Having declared his inabilitie to take the oathe as it stoode, they bade him take a turn in the garden to reconsider.

I may appear to be interested in it: but, neverthelesse, I am reddie to make oathe, that every tittle is true: and you will see what a man you are sed to favour. But I hope not so, for your owne honour. Pray, Madam, vouchsafe me a hearing, as you valew your honour and familly: which will oblidge, dearest Miss, Your most humble and most faithful servant, ROGER SOLMES.

I by water to Deptford, thinking to have seen my valentine, but I could not, and so come back again, and to the office, where a little business, and thence with Captain Cocke, and there drank a cup of good drink, which I am fain to allow myself during this plague time, by advice of all, and not contrary to my oathe, my physician being dead, and chyrurgeon out of the way, whose advice I am obliged to take, and so by water home and eat my supper, and to bed, being in much pain to think what I shall do this winter time; for go every day to Woolwich I cannot, without endangering my life; and staying from my wife at Greenwich is not handsome.

All the afternoon till night pleasant, and then I took my leave of them and to the office, where I wrote my letters, and away home, my head full of business and some trouble for my letting my accounts go so far that I have made an oathe this night for the drinking no wine, &c., on such penalties till I have passed my accounts and cleared all.

But it was pleasant to see what mad sort of testimonys the seamen did give, and could not be got to speak in order: and then their terms such as the judge could not understand; and to hear how sillily the Counsel and judge would speak as to the terms necessary in the matter, would make one laugh: and above all, a Frenchman that was forced to speak in French, and took an English oathe he did not understand, and had an interpreter sworn to tell us what he said, which was the best testimony of all.

But, Lord! to see how near I was to have broken my oathe, or run the hazard of 20s. losse, so much my nature was hot to have gone thither; but I did not go, but having spoke with W. Howe and known how my Lord did do this kindly as I would have it, I did go to Westminster Hall, and there met Hawley, and walked a great while with him. Among other discourse encouraging him to pursue his love to Mrs.

The great wound I had Wednesday last in my thumb having with once dressing by Mrs. Turner's balsam been perfectly cured, whereas I did not hope to save my nail, whatever else ill it did give me. My wife and I are much thoughtfull now-a-days about Pall's coming up in order to a husband. 12th. Up, and very busy to perform an oathe in finishing my Journall this morning for 7 or 8 days past.