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any thing against any of his children that this respondent heard of, et aliter nefcit.

Ad quartum Interr. refpondet, that this refpondent hath heard the deceafed declare his displeasure against the parties ministrant his children and particularly the deceased declared to this refpondent that a little before hee was marryed to Elizabeth Milton his now relict a former maid fervant of his told Mary one of the deceased's daughters and one of the miniftrants that shee heard the deceased was to be marryed, to which the said Mary replyed to the faid maid fervant, that that was noe news to heare of his wedding, but if shee could heare of his death that was fomething: and further told this refpondent, that all his faid children did combine together and counsel his maid fervant to cheat him the deceased in her markettings and that his faid children had made away some of his bookes and would have fold the rest of his bookes to the dunghill women, or hee the faid deceased spoke words to this refpondent to the felfe fame effect and purpose: that this refpondent knoweth not what frequenters of the church, or what good livers, the parties miniftrant or either of them are, et aliter nefcit.

Ad quintum Interr. refpondet, that this refpondent doth not know that the deceased s wife was to have 1000l. and the interrogative children of Chriftopher Milton the residue nor doth this refpondent know that the faid Elizabeth, the deceafed's wife, hath promised the interrogative Chriftopher Milton or his children any fuch thing in cafe shee should prevaile in this caufe, that the faid Mrs. Milton never confeffed foe much in this refpondent's hearing, or to any body elfe that this refpondent knoweth of, et aliter nefcit.

Ad fextum Interr. refpondet, that this refpondent believeth that what is left the deceased's children in the will nuncupative in this cause executed and mencioned therein to be due from Mr. Powell, is a good debt; for that the said Mr. Powell is reputed a rich man, et aliter nefcit.

Ad feptimum Interr. refpondet, that this refpondent did voluntarily tell the interrogative Mrs. Milton, what shee heard the deceased fay which was to the effect by her predepofed et ailter nefcit.

Ad octavum Interr. refpondet, that this refpondent knoweth not what the deceafed did in his life time beftow on the miniftrants his children, and that the interrogative Anne Milton is lame, but hath a trade and can live by the fame, which is the making of gold and filver lace and which the deceased bred her up to, et aliter nefcit.

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Ad nonum Interr. refpondet, that this refpondent knoweth not the deceased's eftate, or the value thereof, et aliter

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IV.

Grant of Letters of Adminiftration to the widow
Elizabeth.'

Die 25t. Februarii 1674.

JOHANNES MILTON. Vicefimo quinto
Die Februarii emanavit Commiffio
Elizabethæ MILTON Relicta JOHAN- ult. Julii.
NIS MILTON nuper Parochia Sancti
Egidii Cripplegate in Com. Mid. De-
functi, hentis, &c. ad Adminiftrand.
bona, jura, et credita dicti defuncti, de
bene &c. jurat, Teftamento Nuncú-

pativo dict. defuncti: aliter per ante- ult. Dec.
dictam Elizabetham MILTON Allega-
to, nondum Probato.

GEORGE GOSTLING,
JAMES TOWNLEY,
ROBERT DODWELL,

DEPUTY REGISTERS.

The reader will compare thefe evidences with the printed accounts of Milton's biographers on this fubject; who fay, that he fold his library before his death, and left his family fifteen hundred pounds, which his widow Elizabeth feized, and only gave one hundred pounds to each of his three daughters, Of this widow, Philips relates, rather harshly, that the perfecuted his children in his life time, and cheated them at his death.

Milton had children, who survived him, only by his first wife, the three daughters fo after named of these, Anne, the first, deformed in ftature, but with a handfome face, married a master builder, and died of her first childbirth, with the infant. Mary, the fecond, died fingle. Deborah, the third, and the greatest favourite of the three, went over to Ireland as companion to a lady in her father's life time; and afterwards married Abraham Clarke a weaver in Spitalfields, and died, aged feventy-fix in August 1727. This is the daughter that ufed to read to her father; and was well known to Richardfon, and Profeffor Ward. A woman of a very cultivated understanding, and not inelegant of manners. She was generously patronised by Addison; and by queen Caroline, who fent her a present of fifty guineas. She had feven fons and three daughters, of whom only Celeb and Elizabeth are remembered. Celeb migrated to Fort Saint George, where perhaps he died. Elizabeth, the youngest daughter, married Thomas Fofter a weaver in Spittle-fields, and had feven children, who all died. She is faid to have been a plain fenfible woman; and kept a petty grocer's or chandler's fhop, firft at lower Holloway, and afterwerds in Cocklane near Shoreditch church. In April, 1750, COMUS was acted for her benefit: Doctor Johnson, who wrote the Prologue, fays, "she had fo little acquaintance "with diverfion or gaiety, that he did not know what was intended when a

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"benefit was offered her." The profits of the performance were only one hundred and thirty pounds; although Doctor Newton contributed largely, and twenty pounds were given by Jacob Tonfon the bookfeller. On this trifling augmentation to their small stock, she and her husband removed to Islington, where they both foon died. So much greater is our tafte, our charity, and general national liberality, at the distance of forty years, that I will venture to pronounce, that in the prefent day, a benefit at one of our theatres for the relief of a poor and an infirm grand daughter of the author of CoмUS and PARADISE LOST, would have been much more amply and worthily fupported.

These feem to have been the grounds, upon which Milton's Nuncupative Will was pronounced invalid. First, there was wanting what the Civil Law terms a rogatio teftium, or a folemn bidding of the perfons prefent, to take notice that the words he was going to deliver were to be his Will. The Civil Law requires this form, to make men's verbal declarations operate as Wills; otherwife, they are be prefumed to be words of common calling or loose converfation. And the Statute of the twenty-ninth of Charles the Second [c. iii.] has adopted this Rule; as may be feen in the 19th clause of that Statute, ufually called the Satute of Frauds, which paffed in the year 1676, two years after Milton's death. Secondly, the words here attefted by the three witnesses, are not words delivered at the fame time; but one witnefs fpeaks to one declaration made at one time, and another to another declaration made at another time. And although the declarations are of fimilar import, this circumftance will not fatisfy the demands of the Law; which requires, that the three witnesses who are to fupport a Nuncupative Will, must speak to the identical words uttered at one and the fame time. There is yet another requifite in Nuncupative Wills, which is not found here; namely, that the words be delivered in the last ficknefs of a party: whereas the words here attefted appear to have been delivered when the party was in a tolerable state of health, at least under no immediate danger of death. On these principles we may prefume Sir Leoline Jenkins to have acted in the rejection of Milton's Will: although the three witneffes apparently told the truth in what they depofed. The Judge, deciding against the Will, of courfe decreed administration of the Inteftate's effects ot the widow.

For an investigation of these papers in the Perrogative Registry, for an explanation of their nature and purport, and of other tecnical difficulties which they prefent to one unacquainted with the records and more antient practice of the Perogative court in teftementary proceedings, I must confefs myself indebted to the kind attention and friendship of SIR WILLIAM SCOTT.

There are other papers in the Commons belonging to this bufinefs: but as they are mere forms of law, as they throw no new light on the cause, and furnish no anecdotes of Milton and his family, they are here omitted.

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