Castle Tavern hard by and got a lobster, and he and I staid and eat it,
and drank good wine; I only burnt wine, as my whole custom of late hath
been, as an evasion, God knows, for my drinking of wine (but it is an
evasion which will not serve me now hot weather is coming, that I cannot
pretend, as indeed I really have done, that I drank it for cold), but I
will leave it off, and it is but seldom, as when I am in women's company,
that I must call for wine, for I must be forced to drink to them. Having
done here then we back again to the Court, and there heard our cause
pleaded; Sir [Edward] Turner, Sir W. Walker, and Sir Ellis Layton being
our counsel against only Sir Robert Wiseman on the other. The second of
our three counsel was the best, and indeed did speak admirably, and is a
very shrewd man. Nevertheless, as good as he did make our case, and the
rest, yet when Wiseman come to argue (nay, and though he did begin so
sillily that we laughed in scorn in our sleeves at him), yet he did so
state the case, that the judge did not think fit to decide the cause
to-night, but took to to-morrow, and did stagger us in our hopes, so as to
make us despair of the success. I am mightily pleased with the judge, who
seems a very rational, learned, and uncorrupt man, and much good reading
and reason there is heard in hearing of this law argued, so that the thing
pleased me, though our success doth shake me. Thence Sir W. Pen and I
home and to write letters, among others a sad one to my father upon fear
of my mother's death, and so home to supper and to bed.

27th. [Sir] W. Pen and I to White Hall, and in the coach did begin our
discourse again about Balty, and he promises me to move it this very day.
He and I met my Lord Bruncker at Sir G. Carteret's by appointment, there
to discourse a little business, all being likely to go to rack for lack of
money still. Thence to the Duke of York's lodgings, and did our usual
business, and Sir W. Pen telling me that he had this morning spoke of
Balty to Sir W. Coventry, and that the thing was done, I did take notice