Thursday 30 January 1667/68

Up, it being fast day for the King’s death, and so I and Mr. Gibson by water to the Temple, and there all the morning with Auditor Wood, and I did deliver in the whole of my accounts and run them over in three hours with full satisfaction, and so with great content thence, he and I, and our clerks, and Mr. Clerke, the solicitor, to a little ordinary in Hercules-pillars Allythe Crowne, a poor, sorry place, where a fellow, in twelve years, hath gained an estate of, as he says, 600l. a-year, which is very strange, and there dined, and had a good dinner, and very good discourse between them, old men belonging to the law, and here I first heard that my cozen Pepys, of Salisbury Court, was Marshal to my Lord Cooke when he was Lord Chief justice; which beginning of his I did not know to be so low: but so it was, it seems. After dinner I home, calling at my bookbinder’s, but he not within. When come home, I find Kate Joyce hath been there, with sad news that her house stands not in the King’s liberty, but the Dean of Paul’s; and so, if her estate be forfeited, it will not be in the King’s power to do her any good. So I took coach and to her, and there found her in trouble, as I cannot blame her. But I do believe this arises from somebody that hath a mind to fright her into a composition for her estate, which I advise her against; and, indeed, I do desire heartily to be able to do her service, she being, methinks, a piece of care I ought to take upon me, for our fathers’ and friends’ sake, she being left alone, and no friend so near as me, or so able to help her. After having given her my advice, I home, and there to my office and did business, and hear how the Committee for Accounts are mighty active and likely to examine every thing, but let them do their worst. I am to be before them with our contract books to-morrow. So home from the office, to supper, and to bed.

15 Annotations

First Reading

Terry Foreman  •  Link

"her house stands not in the King's liberty, but the Dean of Paul's"

L&M say instead of "liberty" Pepys should have written "jurisdiction".

"A liberty was a local government unit in England. Originating in the Middle Ages, a liberty was traditionally defined as an area in which regalian rights were revoked and where land was held by a mesne lord. Liberties were areas of widely variable extent which were independent of the usual system of hundreds and boroughs for a number of different reasons, usually to do with peculiarities of tenure."…

Christopher Squire  •  Link

L&M are wrong in this case:

‘liberty n. . . II 6. c. A district subject to a particular jurisdiction. Now chiefly hist.
 (a) In England and Ireland: an area of local administration distinct from neighbouring territory and possessing a degree of independence. In extended use: a precinct, a domain. Also in pl. in same sense. The existence of such areas caused difficulties esp. for the administration of justice; therefore in the 19th cent. various Acts of Parliament brought most liberties within the regular administrative structures for most purposes.
. . 1659    W. Greenwood Βουλευτηριον 194   If there the Sherif or his Officer, shall enter the Liberty, and execute any processe there, the Lord of the Liberty, shall have an action of the case against him.
1690    tr. in R. Brady Hist. Treat. Cities 52   The Bayliffs of the Liberty of Caln and Worthe, who returned no Answer.
. .2004    E. Ruge in B. Müller Censorship & Cultural Regulation in Mod. Age 43   It was definitely within the liberty of the Cathedral, exempt from the city's jurisdiction.’ [OED]

Christopher Squire  •  Link

Re: ’ . . a little ordinary in Hercules-pillars Ally — the Crowne, . . ’

‘Ordinary n. . . 12. c. An inn, public house, tavern, etc., where meals are provided at a fixed price; the room in such a building where this type of meal is provided. Now hist. and arch.
. . 1631    T. Powell Tom of All Trades (1876) 141   The unwholsome ayre of an Eightpenny Ordinarie.
. . 1993    P. O'Brian Wine-dark Sea iii. 56   In Tom's absence the place is more like the ordinary of an inferior Portsmouth tavern than the gunroom of a man-of-war.’ [OED]

Terry Foreman  •  Link

"my cozen Pepys, of Salisbury Court, was Marshal to my Lord Cooke when he was Lord Chief justice; which beginning of his I did not know to be so low"

"Marshal (also sometimes spelled marshall in American English, but not in British English) is a word used in several official titles of various branches of society. The word derives from Old High German marah "horse" and schalh "servant", and originally meant "stable keeper""…

Is this what SP has in mind by "Marshal"?

If so, 'twas good to be a stable-mucker for a great man with a eye for talent!

Michael Robinson  •  Link

" ... was Marshal to my Lord Cooke when he was Lord Chief justice; ..."

"The official known as a judge's marshal, whose office is of considerable antiquity, and whose duties consisted of making abstracts of indictments and pleadings for the use of the judge, still survives, but no longer exercises the above functions. He accompanies a judge of assize on circuit and is appointed by him at the beginning of each circuit. His travelling and other expenses are paid by the judge, and he receives an allowance of two guineas a day, which is paid through the Treasury. He introduces the high sheriff of the county to the judge of assize on his arrival, and swears in the grand jury."…

An analogous position in the the US today would be clerking for a Federal Judge.

" ... which beginning of his I did not know to be so low ..."
Pepys presumably means that he did not have the money to begin independent practice; John 'of Ashtead' (1576-1652) married a Walpole, of Houghton, served as Coke's executor etc. -- his Ashtead house was taxed on ten hearths.

Christopher Squire  •  Link

This appears to be the sense Pepys intended:

 ‘Marshal n. . . 3. a. An officer of a court of law responsible for the custody of prisoners and for the keeping of order, and frequently entrusted with the keeping of a prison. Also Marshal of the Exchequer, Marshal of the King's (also Queen's) Bench. Now hist. Such officers obtained the title as being deputies of the Marshal of England (see sense 2a).
. . 1674    W. Lloyd Difference Church & Court of Rome 9   He that‥goes at large on his Parole‥, is‥no less a Prisoner, than when under Guard, and in the Marshals custody.
1690    London Gaz. No. 2541/2,   William Lenthall Esq; now Marshal of the King's Bench.
1768    W. Blackstone Comm. Laws Eng. III. 285   When once the defendant is taken into custody of the marshall, or prison-keeper of this court [of king's bench].’

This is from the 19th C: ‘ . 3.d. An official (latterly usually a barrister) who accompanies a judge on circuit to act as secretary and personal assistant. More fully judge's marshal.
1830    C. Lyell Let. 28 June in Life (1881) I. 124   Judge Richardson introduced me to his marshal, Bosanquet, a barrister.’ [OED]

Mary  •  Link


Nowadays the Judge's Marshal's duties tend to encompass the original essence of the "stable-keeper' as the young barrister often finds that his most pertinent duty is ensuring that the judge's car arrives at the official lodgings at the right time to get him to court or other engagements and that all the right papers go with him.

martinb  •  Link

"it being fast day... there dined, and had a good dinner"

So does fasting here just mean going without the first meal of the day?

Terry Foreman  •  Link

"So does fasting here just mean going without the first meal of the day? "

What, no morning draught?

Australian Susan  •  Link

It may be a day of solemnity and abstinence for some, but evidently not for our Sam, who has always been ambivalent over his attitude towards Charles I. There was a service specifically for this occasion in the new (to Sam) Book of Common Prayer as there was for the accession of CII (end of May). Sam makes no attempt to find out if St Olave's are holding such a service (or records none), nor expresses any regret at not going to such a service etc.
I love his description of the dingy little tavern which is nevertheless crowded with intelligent people of the law with whom Sam obviously has good discourse and learns some family history as well.

Second Reading

Terry Foreman  •  Link

"But I do believe this arises from somebody that hath a mind to fright her into a composition for her estate"

COMPOSITION = settlement, compromise agreement (L&M Large Glossary)

Terry Foreman  •  Link

"to a little ordinary in Hercules-pillars Ally — the Crowne, a poor, sorry place, where a fellow, in twelve years, hath gained an estate of, as he says, 600l. a- year, which is very strange,"

L&M: Pepys remarks on the fortunes made by other innkeepers at 25 February 1665:…
The landlord was William King.

Marquess  •  Link

What a great friend Sam is to Kate Joyce. Happy New year to all.

Stephane Chenard  •  Link

On this day William Acworth, a man Sam (he will later say) rather likes, and who holds the dangerous job of storekeeper at the Woolwich dockyard, writes to Sam for a copy of a petition filed against him by a Mr. Clayton (not readily traceable). Sam hasn't written of Acworth since 1665, but this year he will spend quite a bit of time on the Acworth saga, which centers on accusations of stealing (what else) cordage. So stay tuned. For now the letter is in the State Papers, at…. Its summary is not especially fascinating except where it also mentions the stores receiving 140 tons of hemp. 140 tons. Imagine how far we could go if just 0.01% of that should happen to fall off the cart.

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