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THE

NUNCUPATIVE WILL

OF

JOHN MILTON",

WITH

NOTES BY THE REV. T. WARTON.

MEMORANDUM, that JOHN MILTON, late of the parish of S. Giles Cripplegate in the Countie of Middlesex gentleman, deceased, at severall times before his death, and in particular, on or about the twentieth day of July, in the year of our Lord God 1674, being of perfect mind and memorie, declared his Will and intent as to the disposall of his estate after his death, in these words following, or like effect: "The portion due to me from Mr. Powell, my former wife's "father, I leave to the unkind children I had by her, having "received no parte of it: but my meaning is, they shall have "no other benefit of my estate than the said portion, and "what I have besides done for them: they having been very undutifull to me. All the residue of my estate I leave to "[the] disposall of Elizabeth my loving wife." Which words, or to the same effect, were spoken in the presence of CHRISTOPHER MILTON".

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I.

The Allegation propounding the Will, on which Allegation the Witnesses be examined".

Negotium Testamentarium, sive probacionis Testamenti nuncupativi, sive ultimæ Voluntatis, JOHANNIS MILTON, nuper dum vixit parochiæ S. Egidii Cripplegate London generosi, defuncti, habent, &c. promotum per Elizabetham MILTON' Relictam, et Legatariam principalem nominatam in Testamento nuncupativo, sive ultima Voluntate, dicti defuncti, contra Mariam, Annam, et Deboram MILTON, filias dicti defuncti.

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Secundo Andreæ, A. D. 1674. Quo die.... Thompson, nomine, procuratione, ac ultimus procurator legitimus, dictæ Elizabethæ MILTON, omnibus melioribus et effectualioribus

Deborah, and Anne Milton, daughters of the poet's first wife Mary, daughter of Mr. Richard Powell, of Forresthill in Oxfordshire. The cause came to a regular sentence, which was given against the Will; and the widow, Elizabeth, was ordered to take Administration instead of a Probate. I must add here, that this cause, the subject of which needed no additional lustre from great names, was tried by that upright and able statesman, Sir Leoline Jenkins, Judge of the Prerogative Court, and Secretary of State; and that the depositions were taken in part before Dr. Trumbull, afterwards Sir William Trumbull, Secretary of State, and the celebrated friend of Pope. As a circumstantial and authentic history of this process, the following instruments, which were otherwise thought too curious to be suppressed, are subjoined.

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[efficacioribus] via, modo, et meliori forma, necnon ad omnem juris effectum, exhibuit Testamentum nuncupativum dicti JOHANNIS MILTON defuncti, sic incipiens, " MEMORANDUM, "that JOHN MILTON, late of the parish of S. Giles, Cripple66 gate, &c." Which words, or words to the same effect, were spoken in the presence of Christopher MILTON, and Elizabeth Fisher; et allegavit consimiliter, et dicens prout sequitur. I. Quod præfatus JOHANNES MILTON, dum vixit, mentis compos, ac in sua sana memoria existens, . . . . Testamentum suum nuncupativum modo in hoc negotio exhibitum . . . tenoris schedulæ . . . . testamentaria condidit, nuncupavit, et declaravit; cæteraque omnia et singula dedit, donavit, reliquit, et disposuit, in omnibus, et per omnia, vel similiter in effectum, prout in dicto Testamento nuncupativo continetur, ac postea mortem obiit: ac Principalis Pars ista proponit conjunctim, divisim, et de quolibet. II. Item, quod tempore conditionis, declarationis, nuncupationis Testamenti, in hoc negotio exhibiti, præfatus JOHANNES MILTON perfecta fruebatur memoria; ac proponit ut supra.

II.

Interrogatories addressed to the Witnesses examined upon the Allegation.

Decemb. 5, 1674. Interrogatoria ministrata et ministranda ex parte Annæ Mariæ et Deboræ MILTON, testibus ex parte Elizabethæ MILTON productis sive producendis sequuntur..

Imprimis, Aske each witnesse, what relation to, or dependance on, the producent, they, or either of them, have; and to which of the parties they would give the victory were it in their power? Et interrogatur quilibit testis conjunctim, et divisim, et de quolibet.

2. Item, Aske each witnesse, what day, and what time of the day, the Will nuncupative was declared; what positive

Registr. Cur. Prærog. Cant, ut supr.

words did the Deceased use in the declaring thereof? Can you positively sweare, that the deceased did declare that hee did leave the residue of his estate to the disposall of his wife, or did hee not say, "I will leave the residue of my estate to my "wife?" Et fiat ut supra.

3. Item, Upon what occasion did the Deceased declare the said Will? Was not the Deceased in perfect health at the same time? Doe you not think, that the Deceased, if he declared any such Will, declared it in a present passion, or some angry humour against some or one of his children by his former [first] wife? Et fiat ut supra.

4. Item, Aske each witnesse, whether the parties ministrant were not and are not greate frequenters of the Church", and good livers; and what cause of displeasure had the Deceased against them? Et fiat ut supra.

5. Item, Aske Mr. [Christopher] MILTON, and each other witnesse, whether the Deceased's Will, if any such was made, was not, that the Deceased's wife should have £1000, and the children of the said Christopher MILTON the residue; and whether she hath not promised him that they should have it, if shee prevailed in this Cause? Whether the said Mr. MILTON hath not since the Deceased's death confessed soe much, or some part thereof? Et fiat ut supra.

6. Item, Aske each witnesse, whether what is left to the Ministrants by the said Will, is not reputed a very bad or altogether desperate debt1? Et fiat ut supra.

"

Here seems to be an insinu ation, that our poet's displeasure against those three daughters, arose partly from their adherence to those principles, which, in preference to his own, they had received, or rather inherited, from their mother's family, who were noted and active royalists. Afterwards, the description good livers

is not to be understood in its general and proper sense, which could not have offended Milton; but as arising from what went before, and meaning much the same thing, that is, regular in their attendance on the established

worship.

i That is, the marriage portion, promised, but never paid, to

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