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Elizabethæ MILTON, omnibus melioribus et effectualioribus [efficacioribus ] via, modo, et meliori forma, necnon ad omnem juris effectum, exhibuit Testamentum nuncupativum dicti JoHANNIS Milton defuncti, fic incipiens, “ MEMORANDUM, " that John Milton, late of the parish of S. Giles, Cripplegate, &c.” Which
rds, or words to the same effect, were spoken in the prefence of Christopher MILTON, and Elizabeth Fisher ; et allegavit confimiliter, et dicens prout fequitur. I. Quod præfatus JOHANNES MILTON, dum vixit, mentis compos, ac in fua fana memoria exiftens, .... Testamentum fuum nuncupativum modo in hoc negatio exhibitum ..i tenoris fchedulæ.... teftamentariæ condidit, nuncupavit, et declaravit; cæteraque omnia et fingula dedit, donavit, reliquit, et disposuit, in omnibus, et per omnia, vel fimiliter in effectum, prout in dicto Teftamento nuncupativo continetur, ac poftea mortem obiit: ac Principalis Pars ifta proponit conjunctim, divifim, et de quolibet. II. Item, quod tempore conditionis, declarationis, nuncupationis Teftamenti, in hoc negotio exhibiti, præfatus JOHANNÉS Milton perfecta fruebatur memoria ; ac proponit ut fupra. 8
II. Interrogatories addreled to the Witnesses examined upon the
Allegation. Decemb. 5, 1674. Interrogatoria miniftrata et miniftranda ex parte Annæ Mariæ et Deboræ MILTON, teftibus ex parte Elizabethæ MILTON productis five producendis fequuntur.
Dr. Paget, about the year 1661, and in his fifty fourth year, foon after he had obtained his pardon from the restored king; being now blind and infirm, and wanting some more constant and confidential companion than a servant to attend upon his person. The elder Richardson infinuates, that this lady, being no poet or philosopher like her husband, used frequently to teaze him for his carclefiness or ignorance about money-matters, and that she was a termagant. He adds, that soon after their marriage, a royal oiter was made to Milton of the resumption of his old department of Latin Secretary, and that being strongly presled by his wife to an acceptance, he scornfully replied, “ Thou art in the right; you, as other wo
men, would ride in your Coach. My aim is to live and die an konefi man.” Life, &c. p. xcix. feq. edit, 1734. From these papers, however, it appears, that she consulted her husband's humours, and treated his infirmities with tenderness, After his death in 1674, she retired to Namptwich in Chethire, where she died about 1729. Mr. Penant fays, her father, Mr. Minshull, lived at Stoke in that neighbourhood. W. Tour, and Gough's Camden, Cheltuire, p. 436.
The third edition of PARADISE LOST was published in 1678: and this is the poet's widow, to whom the copy of that work was then to devolve by original agreement, but who fold all her claims to Samuel Simmons, his bookfeller, fur, eight pounds, according to her receipt given Decemb. 27, 1680, & Registr. Cur. Prærog. Cant, ut liups.
Imprimis, Aske each witnesse, what relation to, or dependance on, the producent, they, or either of them, have; and to which of the parties they would give the victory were it in their power ? Et interrogatur quilibit testis conjunctim, et di. visim, et de quolibet.
2. Item, Alke each witnesse, what day, and what time of the day, the Will nuncupative was declared; what positive words did the deceased use in the declaring thereof? Can you positively sweare, that the deceased did declare that hee did leave the residue of his estate to the disposall of hís wife, or did hee not say, “I will leave the residue of my estate to my wife?" Et fiat ut supra.
3. Item, Upon what occasion did the Deceased declare the faid Will? Was not the Deceased in perfect health at the fame time? Doe you not think, that the Decealed, if he declared any fuch Will, declared it in a present passion, or some angry humour against some or one of his children by his former (first] wife ? Et fiat ut supra.
4. Item, Aske each witnesse, whether the parties ministrant were not and are not greate frequenters of the Church, and good livers; and what cause of displeasure had the Deceased against them? Et fiat ut supra.
5. Item, Aske Mr. (Christopher] Milton, and each other witnesse, whether the Deceased's Will, if any such was made, was not, that the Deceased's wife should have £ 1000, and the children of the said Christopher Milton the relidue ; and whether she hath not promised him that they should have it, if shee prevailed in this Cause? Whether the said Mr. Milton hath not fince the Deceased's death confessed soe much, or some part thereof? Et fiat ut fupra.
6. Item, Alke each witnesse, whether what is left to the Ministrants by the faid Will, is not reputed a very bad or alto . gether desperate debt? ' Et fiat ut fupra.
h Here seems to be an infinuation, that our poet's difpleasure against those three daughters, arose partly from their adherence to those principles; which, in preference to his own, they had received, or rather inherited, from their mother's family, who were noted and active royalists. Afterwards, the description good divers is not be understood in its general and proper sense, which could not have oftended Milton; but as arising from what went before, and meaning much the same thing, that is, regular in ibeir attendance on the eftablished worship.
i That is the marriage portion, promised, but never paid, to John MILTON, by Mr. Richard Powell, the father of his firk wife ; and which the said John
7. Aske the said Mr. MILTON, whether he did not gett the faid Will drawn upp, and inform the writer to what effect he should draw it? And did he not enquire of the other witnefles, what they would or could depose? And whether he hath not solicited this Cause, and payd fees to the Proctour about it? Et fiat ut supra.
8. Item, Aske each witnesse, what fortune the Deceased did in his life-time bestowe on the Ministrants? And whether the faid Anne Milton is not lame, and almost helplesse ?k Et fiat ut fupra.
9. Item, Aske each witnesse, what value is the Deceased's estate of, as neare as they can guess? Et fiat ut supra.'
III. Depositions and cross-examinations of the said witnesses. Elizabetha Milton, Relicta et Legataria principalis JoHANNIS MILTON defuncti, contra Annam, Mariam, et De. Borem MILTON, filias ejusdem defuncti. Super Allegatione articulata et Teftamento nuncupativo JOHANNIS MILTON defuncti; ex parte Elizabethæ MILTON predictæ, in hoc negotio, fecundo Andreæ, 1674, datom et exhibitis.
Quinto Decembris 1674. Christopherus - Milton, villæ Gipwici in com. Suffolciæ ortus infra parochiam Omnium Sanctorum Bredffreete, London, ætat. 58 annor. aut eo circiter, teftis, &c. Ad omnes articulos dictæ Allegationis, et bequeathed to the daughters of that match, tbe ministrants, Anne, Mary, and Deborah.
They were married in 1643. I have now before me an original “Inventorie " of the goods of Mr. Richard Powell of Forresthill, in the county of Oxon, ta« ken the oth of June A. D. 1646." This seems to have been taken in confe. quence of a seizure of Mr. Powell's House by the rebels. His diftresles in the royal caufe probably prevented the payment of his daughter's marriage portion. By the number, order, and furniture of the rooms, he appears to have lived as a country gentleman, in a very extenfive and liberal ftyle of house-keeping. This I mention to confirm what is said by Philips, that Mr. Powell's daughter abruptly left her husband within a month after their marriage, disgusted with his spare diec and hard study, “ after having been used at home to a great house, and much
company and joviality, &c.” I have also seen in Mr. Powell's house at Forrefthill many papers, which thew the active part he took in favour of the Royalists. With some others relating to the Rangership of the Shotover forest, bearing his fignature.
k She was deformed, and had an impediment in her speech.
| Regiftr. Cur. Prærog. Cant, ut supr.
ad Teftamentum nuncupativum JOHANNIS MILTON, generosi, defuncti, in hoc negotio dat. et exhibit. deponit et dicit, That on, or about the twentieth day of July, 1674, the day certaine he now remembreth not, this Deponent being a practicer in the Law, and a Bencher in the Inner Temple, but living in vacations at Ipswich, did usually at the end of the Termę visit John Milton, his this Deponent's brother the Teftator articulate, deceased, before his going home; and fue at the end of Midsummer Terme last past, he this deponent went to visit his faid brother, and then found him in his chamber within his owne house, scituate on Bunhill * within the parish of S. Giles, Crepelgate, London: And at that tyme, he the said Teftator, being not well, and this Deponent being then goeing into the country,) in a serious manner, with an intent, (as he believes,) that what he then spoke should be his WILL, if he dyed before his this Deponent's comeing the next time to London, declared his Will in these very words as neare as this Deponent cann now call to mynd. Viz. “Brother, the porcion due to me from Mr. Powell, my « former (first] wife's father, I leave to the unkind children I " had by her : but I have receaved noe part of it, and my « Will and meaning is, they shall have noe other benefit of
my estate, than the said porcion and what I have besides « don for them: they haveing. been very undutifull to me. < And all the residue of my eftate I leave to the dispofall of « Elizabeth my loveing wife." She, the said Elizabeth his the Deceased's wife, and Elizabeth Fylher his the Deceased's then maide-fervant, was (at the) same tyme goeing upp and downe the roome, but whether the then heard the said deceased, soe declare his will as above or not, he knoweth not.
And the faid testator at the premises was of perfect mind and memory and talked and discoursed fenfibly and well, et aliter nefcit deponere.
n Sometimes called the Artillery-walk, leading to Bunhill-fields. This was his laft settled place of abode, and where he lived longest. Richardson calls this house a “small houte, where he died about fourteen years after he was out of public " employ." Ubi fupr. p. xciii. It was here that he wrote or finished PARADISE Lost, PARADISE REGAINED, and SAMSON AGONISTES. But in 1665, when the plague broke out in London, he retired to Chalfont Saint Giles, where his friend Ellwond, a quaker, had taken a house for him; and the next year, when the danger was over, he came back to Bunhill-fields. The house at Chalá font, in which he refided in this short space of time, and where he planned or began PARADISE REGAINED, is still standing, small, but pleasantly situated. See Ellwood's Life of Himself, p. 246. Who calls it “ a pretty box."
AD INTERROGATORIA. Ad I", Inters, refpondet, that the party producent in this cause was and is the reliet of the faid deceased, who was his this respondent's brother; and the parties ministring these interrogatories were and are in repute, and loe he beleeveth his the said deceased's children by a former wife: and for his part, he witheth right to take place, and foe would give it if in his power; and likewise wisheth that his brother s will might take effect.
Ad 2m. Interr, respondet, that on what day of the moneth or weeke the faid deceased declared his will, as is above deposed, he now remembreth not precisely; but well remembreth, that it was in a forenoone, and on the very day he this de ponent was goeing in the country in [the] Ipswich coach, which goeth not out of towne till noone or thereabout: and he veryly beleeyeth in his conscience, that the residue of his estate he did then dispose of in these very words, viz. "And s all the residue of my estate I leave to the disposall of Eliza" beth my loving wife;" or he used words to the selfe fame effect, et uliter referendo fe ad pe. depos, nefcit respondere,
Ad 3m. Interr. refpondet, that the said deceased was then ill of the goute, and what he then spake touching his will was in a very calme manner; only [he] complained, but without paffion, that his children had been unkind to him, but that his wife had been very kind and careful of him; and he believeth the only reason induced the said deceased at that time to declare his will was, that he this deponent might know it before his goeing into the country, et aliter referendo fe ad pe, depofita, nefcit refpondere,
Ad 4". Interr. respondet, that he knoweth not how the parties ministring these interrogatories frequent the church, or in what manner of behaviour of life and conversacion they are of, they living apart from their father four or five yeares last past; and as touching his the deceased's displeasure with them, he only heard him
say at the tyme of declareing of his will, that they were undutifull and unkind to him, not expresfing any particulars, but in former tymes he hath herd him complaine, that they were careless of him being blind, and made nothing of deserteing him, et aliter nefcit refpondere,
Ad 5m. Interr. respondet, that since this respondent's comeing 10 London this Michaelmas Terme last paste, this respondent's