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the author of Comus and Paradife Loft, would have been much more amply and worthily supported.

THESE feem to have been the grounds, upon which Milton's Nuncupative Will was pronounced invalid. Firft, 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; otherwise, they are to be prefumed to be words of common calling or loofe converfation. And the Statute of the twentyninth of Charles the Second [c. iii.] has adopted this Rule; as may be seen in the 19th claufe of that Statute, ufually called the Statute 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 witness speaks 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 support a Nuncupative Will, must speak to the iden tical 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 sickness of a party : whereas the words here attested appear to have been delivered when the party was in a tolerable state of health, at least under no immediate danger of death. On thefe 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 to the widow.

For an inveftigation of thefe papers in the Prerogative Regiftry, for an explanation of their nature and purport, and of other

technical difficulties which they prefent to one unacquainted with the records and more ancient practice of the Prerogative court in teftamentary proceedings, I muft confefs myself indebted to the kind attention and friendship of SIR WILLIAM SCOTT. There are other papers in the Commons belonging to this business: 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. WARTON.

A LIST of fuch Editions of Milton's POETICAL WORKS as have hitherto been met with by the editor of thefe volumes.

1. A Mafke prefented at Ludlow Caftle, 1634, &c. Printed for H. Robinson, 1637. 4°. This is Lawes's edition of Comus. See vol. v. p. 180.

See vol. v.

1. Lycidas, in the Cambridge Verses, 1638. 4o. p. 3. 11. Poems of Mr. John Milton, both English and Latin, compofed at several times. Printed by his true copies. The Songs were fet in mufick by Mr. Henry Lawes, gentleman of the Kings Chappel, &c. Printed and published according to order. London, Printed by Ruth Raworth, for Humphrey Mofeley, &c. 1645. fmall 8vo. with his portrait by Marshall. See vol. vi. p. 295.

IV. Paradise Loft, a Poem written in ten books, by John Milton. Licenfed and Entred according to order. London, Printed and are to be fold by Peter Parker under Creed Church neer Aldgate; And by Robert Boulter at the Turks Head in Bifhopfgate-ftreet; And Matthias Walker under St. Dunftons Church in Fleet-ftreet. 1667. 4°. This is the first title page of the first edition. The poem immediately follows the title-page, without any arguments or lift of errata.

2d Title-page, &c. Paradise Loft, a Poem in ten books. The Author J. M. Licensed and Entred according to order. London, Printed and are to be fold by Peter Parker, &c. [as before] 1668.

3d Title-page, &c. Paradife Loft, a Poem in ten books. The Author John Milton. London, Printed by S. Simmons, and to be fold by S. Thomson at the Bishops-head in Ducklane, H. Mortlack at the White Hart in Westminster Hall, M. Walker under St. Dunftans Church in Fleet-street, and R. Boulter at the Turks-Head in Bishopfgate street, 1668.

To thefe titles of 1668, the addrefs of The Printer to the Reader, and the Arguments of each book, immediately fucceed. See vol. ii. p. i. A table of errata also precedes the poem.

4th Title-page, &c. Paradise Loft, a Poem in ten books. The Author John Milton. London, Printed by S. Simmons, and are to be fold by T. Helder at the Angel in Little Brittain. With the addrefs of The Printer to the Reader,

and the Arguments.

5th Title-page, &c. Paradife Loft, a Poem in ten books. The Author John Milton. London, Printed by S. Simmons &c. [as before] 1669, but without the subsequent address of The Printer to the Reader, yet not without the Arguments; which appear to have been reprinted, as the two laft leaves of the poem seem also to have been, in this fifth typographical alteration.

Of this edition fome errata appear to have been corrected in fome fheets while they were paffing through the prefs. I will mention an inftance or two. Mr. Lofft obferves, that the 257th line of the fifth book "begins a new paragraph in his copy of 1667, and in that of 1669, and has no comma after cloud: but in that of 1668 it continues unbroken; and has a comma after cloud.”—I have two copies of 1668, one of which, (in its original binding,) begins a paragraph with this verse, and has no comma after cloud. The other agrees with Mr. Lofft's statement. Again, the lift of errata to my copy of 1668 directs in to be fubftituted for with, in the penultimate line of the third book: In is printed in both my copies of 1668. I have a copy of 1669 in which with remains. In the copies of 1668 and 1669 the number of this verse also differs. Several variations of this kind might be pointed out. Perhaps fome leaves were cancelled.

v. Paradise Regained, a Poem in IV books. To which is added Samfon Agoniftes. The Author John Milton. London, Printed by J. M. for John Starkey &c. 1671. 8vo. VI. Poems, &c. Upon Several Occafions. By Mr. John Milton: Both English and Latin, &c. Composed at several

times. With a small Tractate of Education to Mr. Hartlib. London, Printed for Tho. Dring &c. 1673. small 8vo. To the English poems in this edition were first added, i. Ode on the death of a fair infant. ii. At a Vacation Exercife in the College. iii. On the new forcers of confcience under the Long Parliament. iv. Horace to Pyrrha. v. Nine Sonnets. vi. All the English Pfalms. To the Latin poems, i. Apologus de Ruftico et Hero. ii. Ad Joannem Rou fium, &c. In this edition the epiftle from Sir Henry Wotton is omitted. See vol. v. pp. 175, 176.

With his portrait by Dolle,

VII. Paradife Loft, a Poem in twelve books. The Author John Milton. The Second Edition, Revised and Augmented by the fame Author. London, Printed by S. Simmons, &c. 1674. fmall 8vo. and with the commendatory verses of Barrow and Marvell. In the Advertisement to the Glasgow editions of the first book of Paradife Loft in quarto, and of the whole poem in octavo, both printed in 1750, an edition of 1672 is mentioned as the ftandard edition, of which the text is in thofe editions adopted. After a very extenfive and diligent inquiry, I have been unable, however, to meet with any copy bearing the date of 1672.

VIII. Paradife Loft, &c. 3d Edition. 1678. fmall 8vo. Ix. Par. Regained and Samfon &c. 1680. 8vo. x. Par. Loft, 4th Edition. With his portrait by White, and other plates. Published by fubfcription. See the Life, p. cxv. Lond. Printed by Miles Flefher for Richard Bentley, &c. 1688. Fol. To this edition the two following poems are usually, but not always, found adjoined. XI. Par. Regained, Lond. Printed by R. E., and fold by Randal Taylor. 1688. Fol.

XII. Samfon Agonistes, Lond. Printed and fold by Randal Taylor. 1688. Fol.

XIII. Paradife Loft, and Regained, with Cuts. London. 1692. Fol.

XIV. Paradife Loft. Lond. 1695. Fol. With Notes by P. Hume, and with a Table of the moit remarkable parts

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