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Sup. All^". artic. et Testamento nuncupativo Johan.
Milton con. Milton et Milton | Milton defuncti ex parte
Thompson. Clements. ) Elizabethæ Milton in hujusmodi Causa dat. et admiss. examinat.
15°. Dec. 1674.
Maria Fisher soluta famul. doméstica Johan. Batten habitam. in vico vocat Bricklane in Old Streete ubi moram fecit per Spacium sex hebdomadarum aut eo circiter, antea cum Benjamino Whitcomb Mercatore habitan. in vico vocat Coleman Streete London per Spacium 3m. Mensium, antea cum . Guiddon Culcap infra locum vocat Smock Alley prope Spittlefields per Spacium unius anni, aut eo circiter, antea cum Johanne Bayley infra Oppidum Milton in Com. Stafford per Spacium duorum annorum, antea cum Johanne Baddily infra parochiam de Milton præd. per Spacium trium annorum, et antea cum quomodo Rogers Hargrave infra parochiam de Milton præd. per Spacium duorum annorum aut eo circiter, orta infra parochiam de Norton in Com. Stafford præd. ætatis 23 aut eo circiter, testis, &c.
Ad omnes articulos dictæ All". et ad testamentum nuncupativum Johan. Milton testatoris in hac causa defuncti in hujusmodi neg*. dat. et exhibit. deponit et dicit, that this deponent knew and was well acquainted with the articulate John Milton the testator in this cause deceased, for about a twelve moneth before his death, who dyed about a moneth since to the best of this deponent's remembrance; And saith, that on a day hapning about two moneths since, as neare as this deponent can remember, this deponent being them in the kitchen ofthehouse ofthe foresaid John Milton scituate against the Artillery Ground neare Bunhill Feilds, and about noone of the same day, the said deceased and the producent Elizabeth his wife being them at dinner in the said kitchen, hee the said deceased amongst other discourse then had betweene him and his said wife, did then speake to his said wife and utter these words, viz. “Make much of mee as long as I live, for thou “knowest I have given thee all when I dye at thy disposall." there being then present in the said kitchen this deponent's sister and contest" namely Elizabeth Fysher. And the said deceased was at that time of perfect mind and memory, and, talked and discoursed sensibly and well, and was very merry, and seemed to be in good health of body, et aliter nescit. Signum MARIAE Fish ER.
Ad primum Interr. respondet, that this respondent hath noe relation or dependance on the producent Elizabeth Milton, that it is indifferent to this respondent which of the parties in this suite obtaine, and would give the victory in this cause if in her power to that party that hath most right; but which party hath most right thereto this respondent knoweth not, et aliter mescit.
Ad secundum Interr. respondet, that this respondent doth not remember the day when the deceased declared the words by her pre-deposed, but remembreth that it was about noone of such day that the words which hee then declared were these, viz. “Make much of mee as long as I live, for thou knowest “I have given thee all when I dye at thy disposall;” then speaking to his wife Elizabeth Milton the party producent in this cause, et aliter mescit.
Ad tertium Interr. respondet, that the deceased when hee declared the words pre-deposed was then at dinner with his wife the party producent and was then very merry, and seemed to be in good health of body; but upon what occasion hee spoke the said words shee knoweth not, et aliter mescit.
* i. e. Fellow-witness, Con-Testis.
Ad quartum Interr. respondet, that this respondent knoweth neither of the parties ministrant in this cause saving this respondent once saw Anne Milton one of the ministrants, et nescit *respondere per parte sua.
Ad quintum Interr. mescit respondere. I.: Ad sevtum Interr. nescit respondere.
Ad septimum Interr. non concernit eam, et nescit respondere.
Ad octavum Interr. respondet, that this respondent once saw the Interr. Anne Milton, but doth mot remember whether shee was lame or helplesse, et aliter nescit.
Ad 9". Interr. respondet, that this respondent knoweth nothing of the deceased's estate or the value thereof, et aliter omescit.
Eodem Die - Signum
Repetit coram Doctore. MARI ae FishER.
Digby Surro. &c. pnte.
Tho Welham, N. P.
* Eodem Die
IElizabetha Fisher famula Domestica Elizabethæ Milton ptis producentis in hac causa cum qua et Johanne Milton ejus Marito defuncto vixit per Spacium 13 Mensium, antea cum quodam Thoma Adams apud Bagnall in Com. Stafford per Spacium trium annorum et sex Mensium, antea cum W". Bourne Gen. infra parochiam de Woolstilstan in Com. Stafford præd. per Spacium duorum annorum, ortus infra parochiam de Norton in Com. præd. ætatis 28. annorum aut eo circiter, ' testis, &c.
Ad omnes articulos dictæ All"". et ad testamentum nuncupativum Johan. Milton testatoris in hac causa defuncti in hujusmodi negotio dat. exhibit et, admiss. deponit et dicit, that this deponent was servant unto Mr. John Milton the testator in this cause deceased for, about a yeare before his death, who
dyed upon a Sunday the fifteenth of November last at night", And saith that on a day hapning in the month of July last, the time more certainly she remembereth not, this deponent being then in the deceased's lodging chamber, hee the said deceased, and the party producent in this cause his wife, being then alsoe in the said chamber at dinner together, and the said Elizabeth Milton the party producent having provided something for the deceased's dinner which hee very well liked", hee the said deceased then spoke to his said wife these or the like words as neare as this deponent can remember, viz. “God “have mercy Betty, I see thou wilt performe according to “thy promise in providing mee such dishes as I think fitt “whilst I live, and when I dye thou knowest that I have left “thee all,” there being noebody present in the said chamber with the said deceased and his wife but this deponent: And the said testator at that time was of perfect mind and memory, and talked and discoursed sensibly and well, but was then indisposed in his body by reason of the distemper of the gout, which hee had then upon him. Further this deponent saith, that shee hath sevrall times heard the said deceased since the time above deposed of, declare and say, that hee had made provision for his children in his life time, and had spent the greatest part of his estate in providing for them, and that hee was resolved hee would doe noe more for them living or dyeing, for that little part which hee had left hee had given it to his wife the articulate Elizabeth the producent, or hee used words to that effect. And likewise told this deponent, that there was a thousand pounds left in Mr. Powell's hands to be disposed amongst his children hereafter. By all which words this respondent verily beleeveth that the said testator had given
* In the obituary also of his vember. E.
neighbour Mr. R. Smith, according to Dr. Birch, Milton is stated to have died on this day. But
in the parish register his burial
is entered on the 12th of No
* His grand-daughter Elizabeth Foster, by his third daughter Deborah, used to say, that he was delicate, but temperate in his diet,
all his estate to the articulate Elizabeth his wife, and that shee should have the same after his decease, et aliter mescit respondere, saving that the said deceased was at the sevral times of declaring the words last pre-deposed alsoe of perfect mind and memory. Signum Elizab. Fisher. .
Ad primum Interr. respondet, that this respondent was servant to the deceased in his life time, and is now servant to the producent, and therefore hath a dependency upon her as her servant, that if the victory were in this respondent's power shee would give the deceased's estate equally to be shared betweene the ministrants and the producent, et aliter mescit.
Ad secundum Interr. respondet, that this respondent; doth not remember on what day the deceased declared the words first by her afore deposed, but it was about noone of such day when hee was at dinner that the precise words as neare as this respondent can remember which the deceased used at that time were these, viz. “God have mercy Betty, (speaking to “his wife Elizabeth Milton, for soe hee usually called her,) “I see thou wilt performe according to thy promise in pro“viding mee such dishes as I think fitt whilst I live, and when “I dye thou knowest that I have left thee all,” et aliter mescit, saving that this respondent well remembreth that the deceased declared the words last by her deposed to the articles of the allegation to this respondent once on a Sunday in the afternoone, but on what day of the month or in what month the said Sunday then happened this respondent doth not remember.
Ad tertium Interr, respondet, that the occasion of the deceased's speaking of the words deposed by this respondent in her answer to the next preceedent interrogatory was upon the producent's provideing the deceased such victuals for his