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7. Aske the said Mr. Milton, whether he did not gett the said Will drawn upp, and inform the writer to what effect he should draw it? And did he not enquire of the other witnesses, 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 bestow on the Ministrants? And whether the said Anne Milton is not lame, and almost helplessek? Et fiat ut supra.

9. Item, Aske each witnesse, what value is the Deceased's estate of, as neare as they can guess? Et fiat ut supra'.

John Milton, by Mr. Richard his spare diet and hard study, Powell, the father of his first “after having been used at home wife; and which the said John “to a great house, and much bequeathed to the daughters of " company and joviality, &c." that match, the ministrants, Anne, I have also seen in Mr. Powell's Mary, and Deborah.

house at Forresthill many papers, They were married in 1643. which shew the active part he I have now before me an original took in favour of the Royalists. “ Inventorie of the goods of Mr. With some others relating to the “ Richard Powell of Forresthill, Rangership of the Shotover fo“ in the county of Oxon, taken rest, bearing his signature. « the 10th of June, A. D. 1646."

Mr. Mickle, the ingenious This seems to have been taken translator of the Lusiad, searched in consequence of a seizure of in vain for any of Milton's letters Mr. Powell's house by the rebels. or papers at Forresthill. The His distresses in the royal cause Powells were sharers of Abbeyprobably prevented the payment land in Oxfordshire. They were of his daughter's marriage por- seated in the dissolved monastery tion. By the number, order, of Sandford near Oxford; and and furniture of the rooms, he one of them, in the reign of appears to have lived as a country Elizabeth, built the gothic manegentleman, in a very extensive rial stone-house, now standing and liberal style of house-keep at that village. ing. This I mention to confirm * She was deformed, and had what is said by Philips, that Mr. an impediment in her speech. Powell's daughter' abruptly left 'Registr. Cur. Prærog. Cant. her husband within a month after ut supr. their marriage, disgusted with

CXX

III. - Depositions and cross-examinations of the said witnesses.

Elizabetha Milton, Relicta et Legataria principalis JoHANNIS Milton defuncti, contra Annam, Mariam, et Deboram Milton, filias ejusdem defuncti. Super Allegatione articulata et Testamento nuncupativo JOHANNIS Milton defuncti, ex parte Elizabethæ Milton predictæ, in hoc negotio, secundo Andreæ, 1674, dato" et exhibitis.

Quinto Decembris 1674. Christopherus Milton, villæ Gipwici in com. Suffolciæ ortus infra parochiam Omnium Sanctorum Bredstreete, London, ætat. 58 annor. aut eo circiter, testis, &c. Ad omnes articulos dictæ Allegationis, et ad Testamentum 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 Terme visit John Milton, his this Deponent's brother the Testator articulate, deceased, before his going home; and soe at the end of Midsummer Terme last past, he this deponent went to visit his said 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 Testator, 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

m Sic, ut et in ini pro Millon. fields. This was his last settled * Sometimes called the Ar- place of abode, and where he tillery-walk, leading to Bunhill- lived longest.

“ 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 have“ ing been very undutifull to me.

And all the residue of my “ estate I leave to the disposall of Elizabeth my loveing “ wife." She, the said Elizabeth his the Deceased's wife, and Elizabeth Fysher his the Deceased's then maide-servant, was (at the same tyme goeing upp and downe the roome, but whether she then heard the said deceased soe declare his will as above or not, he knoweth not.

And the said testator at the premises was of perfect mind and memory, and talked and discoursed sensibly and well, et aliter nescit deponere.

CHR. MILTON.

AD'INTERROGATORIA. Ad 1-. Interr. respondet, that the party producent in this cause was and is the relict of the said deceased, who was his this respondent's brother; and the parties ministring these interrogatories were and are in repute, and soe he beleeveth, his the said deceased's children by a former wife: and for his part, he wisheth right to take place, and soe 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 said 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 deponent was goeing in the country in [the] Ipswich coach, which goeth not out of towne till noone or thereabout: and he veryly beleeveth in his conscience, that the residue of his estate he did then dispose of in these very words, viz. “ And all the residue of my estate I leave to the disposall of “ Elizabeth my loving wife;" or he used words to the selfe same effect, et aliter referendo se ad pe. depos. nescit responderé.

Ad 3". Interr. respondet, 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 passion, 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 deponerft might know it before his goeing into the country, et aliter referendo se ad pe, deposita, nescit respondere.

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 expressing 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 nescit respondere.

Ad 5*. Interr. respondet, that since this respondent's comeing to London this Michaelmas Terme last paste, this respondent's sister, the party now producent in this cause, told this respondent, that the deceased his brother did after his this respondent's goeing into the country in Trinity vacacion last summer (say,] that if she should have any overplus above a L1000. come to her hands of his the deceased's estate, she should give the same to this respondent's children: but the deceased himselfe did not declare any such thing to this respondent at the tyme of his declaring his will, the tyme above deposed of.

Ad 6". Interr. respondet, that he beleeveth that what is left to the parties ministring these interrogatories by the said deceased's will, is in the hands of persons of ability abell to

pay the same, being their grandmother and uncle; and he hathi seen the grandfather's will, wherein 'tis particularly directed to be paid unto themi by his executers, et aliter nescit respondere.

Ad 7". Interr. respondet, that he this respondent did draw upp the very

will executed in this cause and write it with his owne hand, when he came to this court, about the 23d of November last past, and at that tyme this respondent did read the same all over to Elizabeth Fisher the said deceased's late maid servant, and she said she remembered the same, and in confirmation thereof set her marke thereto in manner as on the same Will executed in this cause is now to be seen. And • this respondent waited on the said deceased's widow once at Doctor Exton's chambers about this suite, at which tyme she wanted some halfe crownes, and this respondent lent her then two halfe crownes, but more he hath at noe tyme paid either to Doctor or Proctor in this cause.

Ad 8". Interr. respondet, that he knoweth of noe fortune given by the said deceased to the parties ministring these interrogatories, besides the portion which he was promised with his former wife in marriage, being a £1000, which is still unpaid besides the interest thereof for about twenty yeares, såveing his charges in their maintenance and breeding, et aliter nescit respondere, saveing that Anne Milton interr. is lame and helples.

Ad ult. reddit causas scientiæ suæ ut supra.

Die prid.

CHR. MILTON.

Repetit. cor. Doctore.

Lloyd Surrog.

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