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 helplesse*? 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'.

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John Milton, by Mr. Richard Powell, the father of his first wife; and which the said John bequeathed to the daughters of " that match, the 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, taken "the 10th of June, A. D. 1646." This seems to have been taken in consequence of a seizure of Mr. Powell's house by the rebels. His distresses in the royal cause 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 extensive and liberal style 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 diet 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 Forresthill many papers, which shew the active part he took in favour of the Royalists. With some others relating to the Rangership of the Shotover forest, bearing his signature.

Mr. Mickle, the ingenious translator of the Lusiad, searched in vain for any of Milton's letters or papers at Forresthill. The Powells were sharers of Abbeyland in Oxfordshire. They were seated in the dissolved monastery of Sandford near Oxford; and one of them, in the reign of Elizabeth, built the gothic manerial stone-house, now standing at that village.

She was deformed, and had an impediment in her speech. Registr. Cur. Prærog. Cant. ut supr.

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. Suffolcia 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 infra, pro Millon. "Sometimes called the Artillery-walk, leading to Bunhill

fields. This was his last settled place of abode, and where he lived longest.

"have receaved noe part of it, and my Will and meaning is,

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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 responderė.

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 deponert 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 respon dere.

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 £1000. 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 hath seen the grandfather's will, wherein 'tis particularly directed to be paid unto them 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, saveing 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.

Repetit. cor. Doctore.

Lloyd Surrog.

CHR. MILTON.