on bottomary and insurance, and the ship left by the master and
seamen upon rocks, where, when the sea fell at the ebb, she must perish.
The master was offered helpe, and he did give the pilotts 20 sols to
drink to bid them go about their business, saying that the rocks were
old, but his ship was new, and that she was repaired for L6 and less
all the damage that she received, and is now brought by one, sent for
on purpose by the insurers, into the Thames, with her cargo, vessels
of tallow daubed over with butter, instead of all butter, the whole not
worth above L500, ship and all, and they had took up, as appeared, above
L2,400. He had given his men money to content them; and yet, for
all this, he did bring some of them to swear that it was very stormy
weather, and [they] did all they could to save her, and that she was
seven feete deep water in hold, and were fain to cut her main and
foremast, that the master was the last man that went out, and they were
fain to force [him] out when she was ready to sink; and her rudder broke
off, and she was drawn into the harbour after they were gone, as wrecke
all broken, and goods lost: that she could not be carried out again
without new building, and many other things so contrary as is not
imaginable more. There was all the great counsel in the kingdom in the
cause; but after one witnesse or two for the plaintiff, it was cried
down as a most notorious cheate; and so the jury, without going out,
found it for the plaintiff. 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. So home well satisfied with this
afternoon's work, purposing to spend an afternoon or two every term so,
and so to my office a while and then home to supper, arithmetique
with my wife, and to bed. I heard other causes, and saw the course of
pleading by being at this trial, and heard and learnt two things: one
is that every man has a right of passage in, but not a title to, any
highway. The next, that the judge would not suffer Mr. Crow, who hath
fined for Alderman, to be ca