Tuesday 14 October 1662
Up, and did digest into a method all I could say in our defence, in case there should be occasion, for I hear he will have counsel to plead for him in the Court, and so about nine o’clock to the court at the Lordshipp where the jury was called; and there being vacancies, they would have had my father, in respect to him, [to] have been one of the Homage, but he thought fit to refuse it, he not knowing enough the customs of the town. They being sworn and the charge given them, they fell to our business, finding the heir-at-law to be my uncle Thomas; but Sir Robert [Bernard] did tell them that he had seen how the estate was devised to my father by my uncle’s will, according to the custom of the manour, which they would have denied, first, that it was not according to the custom of the manour, proposing some difficulty about the half-acre of land which is given the heir-at-law according to custom, which did put me into great fear lest it might not be in my uncle’s possession at his death, but mortgaged with other to T. Trice (who was there, and was with my good will admitted to Taylor’s house mortgaged to him if not being worth the money for which it was mortgaged, which I perceive he now, although he lately bragged the contrary, yet is now sensible of, and would have us to redeem it with money, and he would now resurrender it to us rather than the heir-at-law) or else that it was part of Goody Gorum’s in which she has a life, and so might not be capable of being according to the custom given to the heir-at-law, but Will Stanks tells me we are sure enough against all that.
Then they fell to talk of Piggott’s land mortgaged to my uncle, but he never admitted to it, which they now as heir would have admitted to. But the steward, as he promised me, did find pretensions very kindly and readily to put off their admittance, by which I find they are much defeated, and if ever, I hope, will now listen to a treaty and agreement with us, at our meeting at London. So they took their leaves of the steward and Court, and went away, and by and by, after other business many brought in, they broke up to dinner. So my father and I home with great content to dinner; my mind now as full against the afternoon business, which we sat upon after dinner at the Court, and did sue out a recovery, and cut off the intayle; and my brothers there, to join therein. And my father and I admitted to all the lands; he for life, and I for myself and my heirs in reversion, and then did surrender according to bargain to Prior, Greene, and Shepheard the three cottages with their appurtenances that they have bought of us, and that being done and taken leave of the steward, I did with most compleat joy of mind go from the Court with my father home, and in a quarter of an hour did get on horseback, with my brother Tom, Cooke, and Will, all mounted, and without eating or drinking, take leave of father, mother, Pall, to whom I did give 10s., but have shown no kindness since I come, for I find her so very ill-natured that I cannot love her, and she so cruel a hypocrite that she can cry when she pleases, and John and I away, calling in at Hinchingbroke, and taking leave in three words of my Lady, and the young ladies; and so by moonlight most bravely all the way to Cambridge, with great pleasure, whither we come at about nine o’clock, and took up at the Bear, but the house being full of guests we had very ill lodging, which troubled me, but had a supper, and my mind at good ease, and so to bed. Will in another bed in my chamber.
35 Annotations
First Reading
Bradford • Link
Does anybody else have the feeling that at this point in the proceedings nobody really knows what the truth of this whole mess might be?
As recommended yesterday, let us revert to the explanation Pauline kindly copied out:
http://www.pepysdiary.com/encyclo…
"Uncle Robert's Will"
Michael Robinson • Link
Manorial Courts & Records
A splendid introduction with many illustrations of the records of the type of proceeding described in today's entry. (See index tabs on left side of page)
http://www.nottingham.ac.uk/mss/o…
Tony Eldridge • Link
Oh Sam!
A few more full stops (periods) would have helped!
Australian Susan • Link
Why the haste to leave?
If I was Mrs P, I would feel Sam couldn't wait to get away and had no interest in seeing his family only in the providing of free board and lodging (about which he complained) during the Court case.
Sam doesn't mention he has to be back in London quickly, but maybe he does. Although he has not referred to it, there is always the ongoing nagging in his mind of not knowing what political shenannigans the Sir Williams have been up to or Sir John with the use of the best chamber.
It seems to me that Sam has not had to make use of any of the perjurious plots he was contriving and it all seems to have worked out very well for him.
Australian Susan • Link
Is this the last time that the whole family (Sam, John, Tom, Pall, Mr and Mrs P) are together?
Nix • Link
"cut off the intayle" --
Property that was "entailed" could pass only "to heirs of the donee's body, which means his lawful issue, his children, and through them . . . so long as his posterity endures . . . ." Black's Law Dictionary. This had the effect of preventing the owner from selling the property, or leaving it to someone else. "Cutting off the entail" was a legal process to terminate the restriction. It involved getting the consent of the owner (Samuel's father) and his next successor (Samuel).
Jeannine • Link
"take leave of father, mother, Pall, to whom I did give 10s., but have shown no kindness since I come, for I find her so very ill-natured that I cannot love her, and she so cruel a hypocrite that she can cry when she pleases..."
Susan, I also get the feeling that Sam basically only tolertated his family as a "free" place to lay his head while there. How unfortunate that his writing expresses a growing arrogance towards them socially. It's almost as if he has outgrown the need for these "country" people. In addition, he really hasn't gone into detail about Pall during this trip so there is no clear indication if the actions he is commenting on are in reference to this trip or some baggage from the past. In any event, it's not a charming picture of him and I could see where it could be distancing for the family members who are clearly below his level of status (his mother, Pall and Tom, in particular). Also, based on his actions over the last few days and going on past few days entries alone, it has probably been painfully insulting and condescending to his family as a whole. Even "county folk" are astute enough to know when they have been insulted by someone who thinks they are superior, and Sam's entries clearly exhibit how he belives himself above them all.
Bradford --in regards to the proceedings it's hard to tell from the entry how things stood.
Pauline • Link
"...cut off the intayle; and my brothers there, to join therein..."
It seems more likely to be a move to legally shore up Uncle Robert's intentions by restricting the "intayle" to just the one heir, our hero. The two brother's there to cede any right.
Now, if the elder Tom and John Pepys had "joined therein" to their brother Robert's legal plans and machinations, we wouldn't be in the mess we are today, 343 years later, trying to follow all of this.
Pauline • Link
Why the haste to leave?
Perhaps to do with the arrangements he made to be away and when he told the "office" he'd be back.
Jeannine, his parents aren't "country folk" in the long-term perspective. They are Londoners born and bred, moving to the country this past year. Sam secures them both pride and long-term financial security, so they may have a certain thick skin against his snobbishness. He and Pall have never gotten along--this happens between siblings.
Perhaps Ma and Pa Pepys revel in the quiet and peace of their retirement estate? And roll their eyes at their pompous son, while loving him dearly? It is likely less easy for Pall. Tom seems quite inscrutable.
I hope that now he's gone they have a little fun at his expense.
Cumgranissalis • Link
Friends be chosen, ye be chained to family, that be life, some grow, some fade.
ellen • Link
Perhaps he left quickly because of the unsatisfactory cuisine ... more likely his work.
Xjy • Link
Haste to leave
The whole trip was an imposition, not a social or duty call on the family - he didn't want to go in the first place. Even if it's hard to make head or tail of the proceedings, Sam seems delighted by the results and obviously feels relieved and vindicated. Tail up, back he shoots to London, with nothing to make him extend his stay.
A. De Araujo • Link
"he and Pall have never gotten along"
Without Pall's diary we will never know whose fault it was but methinks-SPOILER-that it was Sam's fault because she names her son after him.
Pedro • Link
"Sam secures them both pride and long-term financial security"
Pauline, I am no quite sure about this. I may be wrong, but has not the property in Brampton passed to Sam's father, and then to Sam on his death? If this is so then it is Uncle Robert that should be mentioned, and Sam would probably be more interested in his own long-term security.
I agree with Xjy that it was a business trip, quick look at the alterations, the Court, twice over to Hinchingbrooke and back to London. A good result all round, less 10 bob for Pal. But on the way we must go back to Hinchingbrooke and say a quick goodbye to Jemima. If the trip was an imposition for Sam, Elizabeth cannot wait to get back there!
Mary • Link
"because she names her son after him"
That may be more a question of familial prudence/insurance than affection. Without going much further into 'spoiler' territory, it may have seemed a VERY apposite time to name Sam's new nephew after his uncle.
Glyn • Link
"Pall ... can cry when she pleases"
Presumably, she's been in tears during this visit but her brother hasn't considered it to be worth recording in his diary - the most probable reason is that she wants to go back to the big city, and he has said no.
Mary • Link
Sam in haste to leave.
On October 9th he recorded that he had, by the intervention of Mr. Coventry, gained the Duke's leave to be away from work for one week. He left London on the same afternoon.
His return journey will take the better part of two days to accomplish provided that the weather remains reasonable. Therefore, if he leaves Brampton today and has good travelling, he should be able to get back to London and present himself in the office again on October 16th: just within the 7 days' leave that he has been granted.
Robert Gertz • Link
He's kept a pleasant roof over his family's heads and must return before his leave's up. I imagine the family circle was generally pretty happy over the situation, though put out a bit by Sam's airs. Be interesting to see what John Jr. and Tom said to each other after Super Sam headed out, his mission accomplished.
Pauline • Link
'long-term financial security'
You're right, Pedro. I imagine the Brampton estate package includes money in rents to live on, etc. I was thinking things like Sam putting in so much time and consulting and paperwork and then the trip to court to assure the family estate. And his influence of position to help Tom find a wife with a reasonable income. His influence and bookbuying for John in his studes. The general Head-Apparent for his family. Brampton may be his alone at his father's death, but his brothers and sister have a claim on his support in many ways as a result. As do his parents now.
Cumgranissalis • Link
Mary is quite correct, AWOL be not the correct choice if Samuell still wants to keep in with the top flight mob. Even THE 'Lauds' had to have permission to have time off from snoozing in the HOUSE of L. to satisfy private issues.
Cumgranissalis • Link
?long-term financial security?. It be expected of the succesful family member to keep all his neer do wells, Relatives, in the lap of luxury that they expect to be their right. History be full of characters that have made it, to keep close relatives out of the Klink by paying off ddebts that be owed..
Brian • Link
Sam's attitude towards Pall.
Don't forget, a few months ago when Sam's father came to London, their mother became ill back at Brampton and Pall exaggerated its severity in order to get her father to come home. You can bet that Sam wouldn't have forgotten this trick . . .
Pedro • Link
Pal..."but have shown no kindness since I come"
Just for reference I think this is the first time Sam has seen Pal since she was sent to the country, and the show of no kindness would probably stem from the letter she sent during the visit of his father to London.
"where we found a letter from Pall that my mother is dangerously ill in fear of death,"
http://www.pepysdiary.com/diary/1…
"So that I am vexed with all my heart at Pall for writing to him so much concerning my mother's illness (which I believe was not so great),"
http://www.pepysdiary.com/diary/1…
language hat • Link
"one of the Homage"
This is the OED's definition 2: A body of persons owning allegiance; spec. in Eng. Law, the body of tenants attending a manorial court, or the jury at such a court.
[...] a1577 SIR T. SMITH Commw. Eng. II. xvii. 65 [In a manor] his tennantes being sworne make a Iurie which is not called the enquest, but the homage. 1620 J. WILKINSON Courts Baron 143 You shall sweare that you as Foreman of this Homage.. shall duely inquire and true presentment make. [...] 1865 Spectator 7 June 9/2 With the consent of the 'homage', i.e., of his copyholders.
Paul Chapin • Link
The Homage
Thanks to LH for that clarification. But it makes me wonder. How could Pepys pere be on a jury that was hearing a matter in which he had a direct interest? He declined on grounds of "not knowing the customs of the town,", not conflict of interest - a term which probably didn't exist then, but the concept surely had to.
Cumgranissalis • Link
Only those that be of substance and in possesion of property,along with Freeman and not of strange religions had a voice in the doings of the Legal/Parliamentary proceedings. This meant that the jury pool be of a very limited selection.
dirk • Link
Letter from Charles Harbord to "My Lord" Sandwich
Written from: Tangier
Date: 14 October 1662
Reports the state of Lord Sandwich's houses and other property at Tangier. Like the rest of the town, those houses are in much need of repair. At present, all the workmen are employed upon the water-works which are costly, and will be of advantage to the Fleet. But some fear has been expressed lest the great fall of water from the hills should endanger the town-wall.
The writer enlarges on the great merits of Lord Peterborough, than whom he never saw a man more zealous for the King's service and the good of the town entrusted to him. If they had but peace with the Moors, the place would be very comfortable. [...]
Encloses:
Survey of the Earl of Sandwich's Houses and Lands in the City of Tangier, both as they were left by his Excellency's Steward, Mr Shepley; and as they are now left, by Major Richard Steevens
[Certified Copy with the signatures of Charles Harbord, Nathaniel Luke, & John Luke -- dated Tangier 29 September 1662]
Source:
Bodleian Library
http://www.bodley.ox.ac.uk/dept/s…
in Aqua Scripto • Link
X ref Habard C. at this time was commanding a foot in the garrison of Tangier.
http://www.pepysdiary.com/encyclo…
Second Reading
Terry Foreman • Link
"Then they fell to talk of Piggott’s land mortgaged to my uncle, but he never admitted to it, which they now as heir would have admitted to. But the steward, as he promised me, did find pretensions very kindly and readily to put off their admittance, by which I find they are much defeated, and if ever, I hope, will now listen to a treaty and agreement with us, at our meeting at London."
Thomas Pepys surrendered to the executors the mortgaged lands on 16 September 1663. http://www.pepysdiary.com/diary/1… Pepys and the steward were presumably anxious not to prejudge a general settlement of Thomas Pepys's claims by a settlement of this single issue. The 'admittance' was the court process which gave the tenant possession as a copyholder. The deceased Robert Pepys had failed to get admittance, though he held the title-deeds of the land as mortgagee. (L&M note)
Louise Hudson • Link
The handling of Uncle Robert's will may be a precursor to Jarndyce and Jarndyce in Dickens' Bleak House some 200 years later.
“Jarndyce and Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated that no man alive knows what it means. The parties to it understand it least, but it has been observed that no two Chancery lawyers can talk about it for five minutes without coming to a total disagreement as to all the premises. Innumerable children have been born into the cause; innumerable young people have married into it; innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce and Jarndyce without knowing how or why; whole families have inherited legendary hatreds with the suit. The little plaintiff or defendant who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled has grown up, possessed himself of a real horse, and trotted away into the other world. Fair wards of court have faded into mothers and grandmothers; a long procession of Chancellors has come in and gone out; the legion of bills in the suit have been transformed into mere bills of mortality; there are not three Jarndyces left upon the earth perhaps since old Tom Jarndyce in despair blew his brains out at a coffee-house in Chancery Lane; but Jarndyce and Jarndyce still drags its dreary length before the court, perennially hopeless.”
Bill • Link
“where the jury was called; and there being vacancies, they would have had my father, in respect to him, [to] have been one of the Homage, but he thought fit to refuse it, he not knowing enough the customs of the town.”
HOMAGE, is the Submission, Promise and Oath of Loyalty and Service, which a Tenant makes his Lord, when he is at first admitted to the Land, which he holds of the Lord in Fee; Also the Duty and Submission which is owing to a King or any Superior.
---An Universal English Dictionary. N. Bailey, 1724.
Bridget Davis • Link
"...and so by moonlight so bravely..."
Was it normal for people to travel at night or was this actually brave?
JayW • Link
I think bravely in this context is more likely 'looking good' than 'being courageous' Travellers would take advantage of moonlight if they could. In mid October in the UK it gets dark by late afternoon (sunset is 17.07 GMT today) so having left after the court proceedings Sam probably wanted to get to Cambridge and the main road back to London before resting so he could get home the next day.
Bill • Link
BRAVE, Courageous, Gallant, Excellent, Skilful
---An Universal English Dictionary. N. Bailey, 1724.
Chris Squire UK • Link
OED has:
‘bravely, adv.
1. In a brave manner; valiantly, fearlessly.
1600 Shakespeare Midsummer Night's Dream v. i. 146 He brauely broacht his boyling bloody breast . .
2. In a showy manner; gaily, splendidly, finely, handsomely . .
. . 1636 W. Davenant Witts (1673) 184 The Chamber's bravely hung.
3. Worthily, excellently, capitally, well . .
. . 1609 Shakespeare Troilus & Cressida i. ii. 178 Here's an excellent place, here wee may see most brauely . . ‘
Sense 3 is meant here.