25th. 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. And so I did lay the law open to them, and rattle the Master
Attendants out of their wits almost; and made the trial last till seven at
night, not eating a bit all the day; only when we had done examination,
and I given my thoughts that the neglect of the Gunner of the ship was as
great as I thought any neglect could be, which might by the law deserve
death, but Commissioner Middleton did declare that he was against giving
the sentence of death, we withdrew, as not being of the Court, and so left
them to do what they pleased; and, while they were debating it, the
Boatswain of the ship did bring us out of the kettle a piece of hot salt
beef, and some brown bread and brandy; and there we did make a little
meal, but so good as I never would desire to eat better meat while I live,
only I would have cleaner dishes. By and by they had done, and called us
down from the quarterdeck; and there we find they do sentence that the
Gunner of "The Defyance" should stand upon "The Charles" three hours with
his fault writ upon his breast, and with a halter about his neck, and so
be made incapable of any office. The truth is, the man do seem, and is, I
believe, a good man; but his neglect, in trusting a girl to carry fire
into his cabin, is not to be pardoned. This being done, we took boat and
home; and there a good supper was ready for us, which should have been our
dinner. The Captains, desirous to be at London, went away presently for
Gravesend, to get thither by this night's tide; and so we to supper, it
having been a great snowy and mighty cold, foul day; and so after supper