Wednesday 20 January 1668/69
Up; and my wife, and I, and W. Hewer to White Hall, where she set us down; and there I spoke with my Lord Peterborough, to tell him of the day for his dining with me being altered by my Lord Sandwich from Friday to Saturday next. And thence heard at the Council-board the City, by their single counsel Symson, and the company of Strangers Merchants, a debate the business of water-baylage; a tax demanded upon all goods, by the City, imported and exported: which these Merchants oppose, and demanding leave to try the justice of the City’s demand by a Quo Warranto, which the City opposed, the Merchants did quite lay the City on their backs with great triumph, the City’s cause being apparently too weak: but here I observed Mr. Gold, the merchant, to speak very well, and very sharply, against the City. Thence to my wife at Unthanke’s, and with her and W. Hewer to Hercules Pillars, calling to do two or three things by the way, and there dined, and thence to the Duke of York’s house, and saw “Twelfth Night,” as it is now revived; but, I think, one of the weakest plays that ever I saw on the stage. This afternoon, before the play, I called with my wife at Dancre’s, the great landscape-painter, by Mr. Povy’s advice; and have bespoke him to come to take measure of my dining-room panels, and there I met with the pretty daughter of the coalseller’s, that lived in Cheapside, and now in Covent Garden, who hath her picture drawn here, but very poorly; but she is a pretty woman, and now, I perceive, married, a very pretty black woman. So, the play done, we home, my wife letting fall some words of her observing my eyes to be mightily employed in the playhouse, meaning upon women, which did vex me; but, however, when we come home, we were good friends; and so to read, and to supper, and so to bed.
8 Annotations
First Reading
Terry Foreman • Link
"And thence heard at the Council-board the City...and the company of Strangers Merchants...debate the business of water-baylage; a tax demanded upon all goods, by the City, imported and exported: which these Merchants oppose, and demanding leave to try the justice of the City's demand by a Quo Warranto, which the City opposed, the Merchants did quite lay the City on their backs with great triumph, the City's cause being apparently too weak: but here I observed Mr. Gold, the merchant, to speak very well, and very sharply, against the City. "
Water-baylage, i.e. water-bailage
"I observed Mr. Gold, the merchant, to speak very well, and very sharply, against the City. "
"The same answer may be applied to the oppressions by officers, and the abuses of all liberties whatsoever, and likewise to excuse the disfranchisement of any one member of a corporation : but that is no sufficient remedy to cure the mischiefs, whilst the cause still remains and is in as great power to oppress, as before ; which nothing can sufficiently restrain, but the loss, at the least, the fear of the loss of that power. To put the subjects grieved to contend with corporations for their relief by their several actions, were for the common law to lay a greater burden upon them, than what they suffered from the corporation ; as was sufficiently experimented in the case of the duty of water-bailage of London, before the quo varranto was brought to rescue them : and if they recover damages, those damages can only be levied upon the common goods and estate of the corporation "
Complete collection of state trials, Volume 3, By Francis Hargrave
Proceedings between the King and the City of London on a Quo Warranto - Hil. 35 Car II
http://books.google.com/books?id=…
***
Quo warranto (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power (or "franchise") they claim to hold.
http://en.wikipedia.org/wiki/Quo_…
Chris Squire • Link
‘bailage, n. Etym: bail v.1, or Anglo-Norman baillier to deliver . . a. A duty upon delivery of goods.
1753 E. Chambers Cycl. Suppl. s.v., Water Bailiage or Bailage, is an antient duty received by the city of London, for all goods and merchandises brought into or carried out of the port . . ‘ [OED]
‘quo warranto, n. Etym: Anglo-Norman quo waranto . . Originally: a royal writ obliging a person to show by what warrant an office or franchise is held or claimed (now hist.); freq. as writ of quo warranto. Later: a legal information or action challenging an alleged right to hold an office or to exercise a power (usu. attrib.). Also fig.
. . 1686 in J. H. Trumbull Public Rec. Colony of Connecticut (1859) III. 368 The coppies of the Quo Warrantoes sent us by the secondary of the Cheriff of London.’ [OED]
Terry Foreman • Link
Samuel, tell us how you REALLY feel the coalseller’s daughter looked.
Second Reading
Terry Foreman • Link
"saw “Twelfth Night,” as it is now revived; but, I think, one of the weakest plays that ever I saw on the stage."
L&M: Pepys perseveres in his low opinion:
cf. https://www.pepysdiary.com/diary/… ;
and https://www.pepysdiary.com/diary/…
Shakespeare's romantic comedies were not popular at this time and the version Pepys saw may have been much altered: cf. H. Spencer, Shakespeare Improved, pp. 27, 71-2.
Terry Foreman • Link
"And thence heard at the Council-board the City...and the company of Strangers Merchants...debate the business of water-baylage; a tax demanded upon all goods, by the City, imported and exported: which these Merchants oppose, and demanding leave to try the justice of the City's demand by a Quo Warranto, which the City opposed, the Merchants did quite lay the City on their backs with great triumph, the City’s cause being apparently too weak: but here I observed Mr. Gold, the merchant, to speak very well, and very sharply, against the City. "
Pepys periodically listens to trials, assessing how they are argued, e.g:
https://www.pepysdiary.com/search…
Does this deserve a study?
Terry Foreman • Link
"And thence heard at the Council-board the City...and the company of Strangers Merchants...debate the business of water-baylage; a tax demanded upon all goods, by the City, imported and exported: which these Merchants oppose, and demanding leave to try the justice of the City's demand by a Quo Warranto, which the City opposed, the Merchants did quite lay the City on their backs with great triumph, the City's cause being apparently too weak:"
L&M: This was one of several disputes about this tax lasting until 1680, when the King caused a nolle prosequi [prosecutors' declarations that they are voluntarily ending a case] to be entered on the verdict now given against the City: LRO, PRO, PC, CTB.
Mary K • Link
"and now I perceive married, a very pretty black woman"
A remark open to several interpretations.
San Diego Sarah • Link
"... I observed Mr. Gold, the merchant, to speak very well, and very sharply, against the City."
Who are the City if not the merchants? Taxing your own kind is never popular.