Lewis vs. Warner

Transcription by Alan H. Nelson: Please do not cite without permission

PRO SP 2 Charles I, vol 240 (25), ff 58-75 (1633, but with reference back to 1625)

Margaret Busby alias Warner married first Ralph Busby, who died in 1624; second a Mr Warner. Her children by Busby included John, who died in 1625, and Abigail, who, left little or no money in John's will, here contests its validity. Abigail married first a Mr. Newman, and second a Mr. Lewis. Since by 1633 Margaret Busby had also died, the dispute is between Abigail Lewis and her children, complainants, and Mr. Warner the (unintended) beneficiary of John bequests, defendant. Warner does not testify in his own behalf; instead, Ralph Yardley and James Smith testify on his behalf. References, e.g. 'ad 1a{m} et 2a{m} fol: 260: b', are to interrogatories which have not been traced.

For students of bibliography the interest in the lawsuit lies with Humphrey Dyson and his refusal in 1625 to make John Busby's will (see sections 8, 14). For students of drama the interest lies with James Smith, whom Abigail Lewis and her witnesses dismiss as a dissolute person whose interests include plays and players (see sections 17-21, 23).

A Briefe in the behalfe of Samuell Newman, Iohn Lewis and Abigall Lewis Children of Abigall Lewis the only sister of Iohn Busby deceased./

1) That Iohn Busbye was sicke of a burninge feaver beinge the disease whereof hee dyed./

Ralph Yardly testis Warner ad 1a{m} et 2a{m} fol: 260: b: That this dep{onen}t was Mr Iohn Busbyes Apothecary in the time of his sicknes whereof hee dyed, and saieth that as hee this dep{onen}t Conceiveth hee the s{ai}d deceased dyed of a fever./
Idem ad Int{errogacionem} 2a{m} fol: 268: that the saied dec{ease}d lay sick about three week{es} or a moneth and his disease was as this r{esp}ondent Conceiveth a fever w{hi}ch at last grew to be very violent and outragious./
Thomas Leach ad 4a{m} Int{errogacionem} fol: 203: That as this dep{onen}t thinketh Mr Iohn Busbye dyed of a burninge feaver
Martha Church ad 4a{m} Int{errogacionem} fol: [203] 191: That she thinketh that the s{ai}d Mr Busbye had a fever in the begining of his sicknes whereof he dyed./
Eadem fol: 170: that she attended on him all the time of his sicknes beinge three week{es}./
Richard Spicer D{octo}r of Phisicke ad 4a{m} Int{errogacionem} fol: 245: that the saied deceased had in his sicknes wherof he dyed a great hott distemper in his head at the height of a phreneticall distemper, and of that disease he dyed.
Elizabeth Goble ad 4a{m} Int{errogacionem} fol: 14: The sicknes whereof Mr Iohn Busby dyed was Called a burning or phreneticall fever, and she heard it reported of them that had skill in sicknes./ [f 59]

2) That the p{re}tended will of the s{ai}d Iohn Busby beareth date 12o Ianuarij 1625./

Vide testamentum fol: 87./

3) That the saied Iohn Busbye dyed vpon the saturday next after the 12th of Ianuarij 1625 in the forenoone./

Ralph Yardley testis Warner fol: 269 ad 4a{m} Int{errogacionem}
Ellen Whaley: fol: 207: ad 3: et 4a{m} et ad 1a{m}: fol: 205.
Elizabeth Goble ad 4a{m} Int{errogacionem} fol: 14:/ Martha Church fol: 173./
Et vide Breve ex parte Warner Cap. jo./

4) That at the time of the p{re}tended instrucc{i}ons [given] \\taken// for the will by Mr Thomas Leech scrivener beinge a day or two before the decedent{es} death, the saied dececent was very extreame sicke and full of greife and paine, and more willinge and fitt to be let alone then to be troubled with busines and his memory was weake and infirme./

Thomas Leech ad 1a{m}: 2a{m}: et 3a{m}: addendo that the decedents mother and D{o}c{t}or Spicer were p{re}sent, and the decedent{es} mother did somewhat assist the s{ai}d decedent in the s{ai}d Instrucc{i}ons soe taken, which instrucc{i}ons soe taken hee this dep{onen}t d{elivere}d to his man Browne, Et al{ite}r nescit dep{one}re./

5) That whereas Ralph Yardley is quoted to depose of the instrucc{i}ons the saied Ralph Yardley was produced only super materia Corrobaratoria, and there was not anye Corroboratory article admitted Concerninge any instrucc{i}ons and the s{ai}d Ralph deposeth that about foure dayes before the dec{eden}t{es} death ye p{rete}nded instrucc{i}ons were given to | f 60 | the saied Mr Leach, whereas Mr Leech deposeth [LM: as he remembreth. fol. j.] that it was but a day or two before his death.

Ralph Yardley: fol: 260: ad 1a{m}: 2a{m}: et 3a{m}: vide allegac{i}o{n}em Corrob{arationem} fol: 155./ Thomas Leech vt supra /

6) That the saied Browne servant to the s{ai}d Mr Leech was either directed by his master or sent for in his masters absence to Come to the Testator to bringe with him the p{re}tended instrucc{i}ons./

Thomas Browne: fol: 101: b: et 102./

7) That in the beginninge of the decedents sicknes whereof hee dyed, whilest his sences were good and perfect, Mris Margarett Busby his mother did sundry times move him to make his will, whereto he answeared, I pray you lett me alone and doe not trouble me, I will make none, and in expresse termes saied if hee did make any will hee would give his s{ai}d mother nothinge, addinge that his father had given her enough to hazard, upon a second husband./

Martha Church [<...>] soror d{ict}‘ Margaret‘ Busby fol: 172./ Elizabeth Goble ad 6a{m}: fol: 11: b: simil{ite}r in effectu/

8) That the saied Mris Margarett Busby entreated D{o}c{t}or Spicer to speake to Humphrey Dyson a scrivener to Come to make the decedent{es} will, which the saied D{o}c{t}or Spicer did, but Humfry Dyson havinge inquired in what Case the decedent was. made answere that hee would not make a dead mans will./ and refused to goe. [f 61]

Richard Spicer D{o}c{t}or of phisicke fol: [<.>] 241: That the decedent{es} mother as he remembreth spake to this dep{onen}t to speake to Mr Dyson a scrivener to Come to the deceased to make his will, and this dep{onen}t meetinge with Mr Dyson acquainted him therew{i}th and with his weaknenes, and this dep{onen}t well remembreth that Dyson told him hee would not goe to make a dead mans will or in such a Case./
Humfrey Dyson scrivener fol: 227: That D{o}c{t}or Spicer some few dayes before the decedent{es} death did earnestly sollicite this deponent to goe to the dec{ease}d to make his will and importuned this dep{onen}t to make hast, Wherevpon the [deceased] dep{onen}t beganne to question with the s{ai}d D{o}c{t}or Spicer touching the deced{entes} state of memorye, and therevpon this dep{onen}t refused to goe to the s{ai}d deceased about his will beinge loth to meddle with any such busines except hee were well assured of his memory.
Martha Church fol: 176: b: That vpon Wensday [LM: on Wednsday p{ro}x{imo} ante mort{em}] morninge next before the decedent{es} death and after the decedent was fallen into a distemperature of mind and idle talke &c, the s{ai}d mris Margarett Busby entreated Doc{to}r Spicer to goe to one Humfrey Dyson scrivener | f 62 | to Come to the deceased to make his will, who went and returned againe, and told the s{ai}d mris Busby that hee had acquainted him in what Case Iohn Busby was, and that therevpon the s{ai}d Dyson denyed to Come to doe it./

9) That the s{ai}d Mris Margarett Busby gave direcc{i}ons how and in what manner the will of the s{ai}d Iohn Busby should be done, and shee did it of her owne accord and the decedent did not give any direcc{i}ons touchinge the same himselfe./

Martha Church: fol: 178: a: et b:
Elizabeth Goble ad 3a{m}: fol: 10: That she was p{re}sent when a servant of a scrivener Came to the deceased who did write a will in the name of the deceased Iohn Busby accordinge to such direcc{i}ons as the s{ai}d Margett Busby gave him, there beinge allsoe p{re}sent Martha Church./
Et Eadem Goble ad 4a{m}: fol: 11: That the s{ai}d Margarett whilest the will was in writinge asked him wheather such partyes as she named should haue such legacyes as she allso menc{i}oned, but the decedent neither did nor Could make her any answeare, nor did nor Could acknowledge it for his will./
Richard Spicer D{o}c{t}or of phisicke fol: 239: b: That this dep{onen}t was present with the decedent, and | f 63 | his mother and a scrivener, and Mris Church & this deponent did see that the decedent{es} will was in makinge, and this dep{onen}t heard and saw his mother Conferre with the decedent, and talke with him in this manner, will you doe this? Will you doe such a thinge or such a thinge? or to that purpose, he the dec{ease}d beinge very ill, and supported with pillowes, and more likely to dy than to speake, or give reasonable and Iudicious answeares./

10) That the dec{ease}d his hand was guided assisted and directed when he sett his hand to the writinge saied to be his will, and his weaknes was such that hee Could not haue sett his hand thereto, had hee not bin soe guided and assisted./

Richard Spicer d{o}c{t}or of phisicke fol: 240: b:/
Martha Church: fol: 179: b: that the scriveners man tooke a penne and put [+it] into the decedent{es} hand, and tooke the s{ai}d deceased{es} hand into his hand, and in this manner the will was subscribed by the deceased and sealed, and he was not able otherwise to doe it./
Elizabeth Goble ad 5a{m}: art{iculam} fol: 11: That the penne was d{elivere}d to the decedent but he Could not hould it, and the seale was d{elivere}d but he Could not hold it, wherevpon the scriveners youth put the penne into the hand of the decedent, and directed <.> his hand whilest the same was subscribed./ [f 64]

11) That the decedent vpon tuesday next before his death fell into extremity of sicknes, and in that extremitye Continued by fitt{es} raginge till fryday morninge, and duringe all that time was much distempered in his braine and [bit] by fitt{es} raginge much, and vsed many idle senceles speeches from time to time, and all that time had noe vnderstandinge nor Could give any direcc{i}on for any thinge, nor was hee of vnderstandinge to make a will, or to doe or say any thinge accordinge to Com{m}on sence./

Elizabeth Goble ad 2a{m}: fol: 9: Et eadem ad 7a{m}: Interr{ogacionem} y{a}t the decedent after the s{ai}d tuesday morninge did not aske for any Iulepps or Cordiall{es}, or drinke, nor tooke any but as they were powred into his mouth, nor had any Conference with his phisitian or Apothecary/
Eadem ad 9a{m}: Int{errogacionem} That vpon the tuesday and wensday he talked much idely, amongest other thing{es} he talked of the Queene, and prayed her to frogive him and be good to her subiect{es}, and talked of boylinge blood, and that all the souldiers would be starved, and all the fishes in the sea would be blood, and Called his man Richard, and s{ai}d he had stollen 100 sugar loaves &c legatur. and vpon the thursday hee did not vtter any such violent speeches soe lowd as they might be easily heard, but muttered to himselfe, but soe much as Could be heard were idle and senceles word{es}, and the dep{onen}t wayted on the decedent in his sicknes, and mris Stubbs al{ia}s Church was his nurse all the s{ai}d time./ [f 65]
Martha Church: fol: 173: That on the tuesday night next before his death toward{es} the morninge his the decedent{es} sicknes wrought soe stronge vpon him that hee was much distempered in his braines, and vtterly voyd of Capacity and vnderstanding to doe any thinge for effectinge whereof sence and vnderstandinge was requirable, sometimes raving as a mad man, sometimes talkinge idely, either muttringe to himselfe not to be vnderstood, or sayinge nothinge at all, and after hee had layen still a little time, then fallinge againe into some extreme passion of ravinge and idle talkinge, evidently shewinge he was Cleane bereft of memory and vnderstandinge, and this dep{onen}t was never absent from him from the saied tuesday night toward{es} the morninge till hee departed out of this world for above a quarter of an houre, and that hee Continued soe to his death growinge worse and worse, and was not for all the saied time till his death of [Capas] Capacitye or vnderstandinge to doe any thinge wherein reason was requirable but a man vtterly bereft of reason, and either ravinge as a mad man talkinge idly, and this dep{onen}t did not heare him Call for any thinge as meat drinke or such like from the saied tuesday night toward{es} the morninge to his death, nor saw him take any thinge but what was put to him or forced vpon him./ [f 66]
Eadem ad 7a{m}: Int{errogacionem} fol: 192: That much of the franticke speeches he the decedent vsed, was of the Queene and of souldiers, and of killinge and slayinge, and of walkinge of people in his Chamber when there was noe such matter/
Richard Spicer d{o}c{t}or of phisicke: fol: 242: that at the time of makinge and signinge of the will above deposed of, his the s{ai}d deceased{es} disease was very violent vpon him, and lay strongly in his head, and hee was then a man verye farre spent, and by reason of those things his animal facultyes were in this deponent{es} Iudgement very much debilitated, and impayred soe as this deponent Conceiveth he had noe Capacitye to dispose orderly of his estate/ Idem ad 4a{m}: et 5a{m}: Int{errogacionem} fol. 245: That the s{ai}d deceased had in his sickness wherof he dyed, a great hott distemper in his head, at the height of a phreneticall distemper./
Elizabeth Newman fol: 233: b: That to this dep{onen}ts best remembrance on the Wensday next before the decedents death, or neare about that day, in the eveninge this dep{onen}t{es} mother, this dep{onen}t and this dep{onen}ts sister to whom the deceased was a suitor went to visitt the s{ai}d deceased, and to her best remembrance he the deceased, was then in a great distemper and passion, and in grevious swetts the Apothecary sayinge it was a | f 67 | deadly swett, and on the thursday followinge or the fryday [LM: Thursday or friday], they this dep{onen}ts mother, sister, and this dep{onen}t went againe to visitt the s{ai}d dec{ease}d and Cominge to the house where hee then laye thinkeinge to visitt him[,] p{re}sently they were desired to stay a little before they were admitted to him, and while they soe stayed, and before they were admitted[,] this dep{onen}t was informed that the s{ai}d deceased was then in makinge of his will, and that a scrivener his mother and others were then with him about it, anon after the dep{onen}t saw a man Come as from the deceased, beinge as it was saied the scrivener, and then this dep{onen}t went to the [s{ai}d] deceased and was admitted, and found him very extreme sicke, and ill as shee remembrith, and to her best remembrance voyd of sence and vnderstandinge, and past all hope of recovery as it were even at the point of death./ Ralph Yardley testis ex parte Warner ad 4a{m}: Int{errogacionem} fol. 269 that the will was sealed and published either on the wensday or on the thursday next before the deceased dyed, as hee remembreth in the morninge [LM: Wednesday or Thursday published in the morning] and the dec{ease}d fell into outragious ffitt{es} w{hi}ch distempered his memory the night followinge. Et Idem ad 6a{m}: art{icu}l{u}m fol: 266: that the decedent suddainely after the s{ai}d makinge of his s{ai}d will fell into great extremitye /
Elena Whaley fol: 207: That she watched with the decedent the ffryday night before he dyed, and | f 68 | soe did Mris Church, and duringe all that time the saied deceased was much distempered in his sicknes, and talked idely very much and was not at any time that night of reasonable Capacitye to make a will./

12) That the deceased Mr Busbye dyed a single man, and had noe other brother or sister then mris Abigall Lewes, and hee loved his saied sister in his life time very well./

Ellen Whaley ad 7a{m}: fol: 208./
Iohn Staminat [?] ad 7a{m}: fol: 215./
Martha Church: fol: 181 ad 7a{m}:

13) That Iohn Busby when hee was in good memory did seriously affirme that if he dyed a batchellor hee would leaue the most and greatest part of his estate to and amonge his sister Abigall and her Children./

Martha Church ad 7a{m}: fol: 181: a./

14) That Mr Warner by marryage with Mris Busby beinge indebted to Mr Lewis in 500li or thereabout would not pay the same except Mr Lewes would allso take the legacyes given to him and his wife by [thill] the will of Ralph and Iohn Busby dec{ease}d and therevpon gave him a generall release.

Humfry Dyson scrivener ad 8a{m} et 9a{m}: fol: 228: b./ [f 69]

15) Margarett Busby mother of Iohn Busby vpon Covenant of marryage with Mr Warner reserved 2000li of her state which was by deed made and sealed to ffeoffees in trust, which 2000li she promised to dispose to Abigaill Lewis, to her sonne and to her kindred, vizt 1000li to Abigall: 500li to her sonne by a former husband and 500li to her kindred and freind{es}./

ffrancis Keate, ad 9a{m}: fol: 219: one of the feoffees / Martha Church ad 8a{m}: 9a{m}: et 10a{m}: fol: 283: b/

16) When Margarett Busby al{ia}s Warner was sicke, and had made her will, it beinge demanded of her by one of the feoffees wheather she had disposed of the 2000li accordinge to her promisse to Abigall Lewis: her sonne: and to her kindred in the next p{re}cedent head expressed, shee Confessed that she had not, then she beinge moved to alter her will and to doe it, she professed her selfe willinge to doe it, but that it would be distastfull to her husband, and takinge a longer time to Consider of it, she dyed in the meane time./

ffrancis Keate ad 12a{m}: fol: 221: b/ [f 70]

Exeptions against Warner his witnesses./

17) That for 4 yeares last past Iames Smith hath bin a Com{m}on and ordinary frequenter of tavernes alehouses playhouses, and player{es} Companye, and hath professed that he should gett more by players then by preachinge the word of God, and was within these twelve monethes turned out of his Cure or lecture in St Bottolphes Billingsgate for keepinge excessive Companye with players, and he with them and others stiled themselves of the order of the fancye whose practise was to drinke excessively, and to [?doe?] speake non sence, and is not a man to be beleeved vpon his oath.

William Hawkins ad 3a{m}: &c: fol: 310: plen‚ /
Stephen Church ad 3a{m}: fol: 324: that he hath knowne Smith very well these 4 or 5 yeares togeather, and that he soiourned with the dep{onen}t about a yeare togeather, in w{hi}ch time he observed him to be a man, much given to excessive drinkinge, and hath often seene him Come home much distempered and overtaken w{i}th drinke, and knowen him frequently goe to tavernes and alehouses vpon sundayes when he should haue gone to Church, and hath knowne him sundry times lye whole night{es} and dayes abrode drinkinge and keepinge of ill Company./ [f 71]
Idem ib{ide}m paulo post: that for all the s{ai}d time hee hath bin from time to tyme an ordinary frequenter of alehouses playhouses and boulinge alleys./
Idem ib{ide}m paulo post that he hath heard him extoll the society of players and theire facultyes, and saied that he loved the Company of players above all, and that hee thought there might be as much good many times done by a man in hearinge a play, as in hearinge a sermon, and that he thought it a Creditt to keepe them Companye, and hoped to gett good meanes by them, with many other such like speeches, w{hi}ch the dep{onen}t Cannot now Call to mynde./
Idem ad 6a{m}: ar{ticu}lum: fol: 227: b: That he heard Iames Smith say, and affirme, (and as if it had bin a Creddit to him) bragge that he was one of the [Company] Cheifest and first founder of that societye, and that he of that Company that Could speake best non sence was Counted the best man, which was himselfe, and for which Cause he vsually had the Cheifest place at the meetings of that Companye./ Idem ad 2a{m}: Interr{ogacionem}: 338: That he beleeveth that the s{ai}d Smith for money and reward, may be drawne to sweare any thinge wheather true or false, and the reasons inducinge this | f 72 | r{esp}ondent soe to beleeve, are his bad life, and Conversac{i}on, and naughty qualityes.

18) Iames Smith for these 4 yeares last past hath bin a poore and needy person livinge by Coseninge and Cheatinge, much indepted, and hath often bin arrested and imprisoned, and hath fled beyond seas to avoyd his Creditors and to escape imprisonment./

William Hawkins ad 7a{m}: fol: 312: b: plene
Stephen Church ad 7a{m}: 8a{m}: &c fol: 228 simil{iter}

19) Iames Smith expected some moneyes (as hee saied) in reward from Mr Warner./

William Hawkins ad 7a{m}: 8a{m}: &c fol: 312 That the dep{onen}t beinge earnest with Iames Smith for money due to him on a time happeinge about a yeare since, hee the s{ai}d Smith talkinge of the ar{ticul}ate Warner told this deponent that hee was to speake with the s{ai}d Mr Warner for money, and that he made no question but that the s{ai}d Mr Warner would furnish him with soe much money as would pay this dep{onen}t and that he hoped to get as much money, by Mr Warner, as hee Could gett in a whole yeare by his place, meaninge or speakinge of his Curateshippe or lecture addinge moreover these or the like wordes in effect, If I had had as much witt as I should haue had I might haue gotten as much money | f 73 | by Mr Warner as would haue p{ai}d all my debts, or discharged me from all men./
Stephen Church ad 11a{m}: et 12a{m}: 330: b: That the dep{onen}t Iames Smith: and two of his brothers beinge in a taverne togeather neare B{isho}ppsgate they fell into talke with the dep{onen}t touching this busines, questoninge the dep{onen}t what he should gett by it, wherevpon the dep{onen}t replyed to this effect: [till] T'is you Mr Smith that looke to gett by it, meaninge this busines, I for my part doe not expect any thinge, Wherevnto hee the saied Smith in the p{re}sence of his s{ai}d bretheren replyed againe I haue gotten nothinge as yet, I know not what I may, imitatinge [=intimating] by his speeches as this dep{onen}t did app{re}hend that he would haue somethinge from Mr Warner touchinge this busines./

20) Iames Smith hath protested that hee neever heard the pretended will read, neither did hee know what it was or what it Concerned./

Steven Church ad 17a{m}: fol: 336: b: That the dep{onen}t and Mr Keate and others repayred to the Counter to Iames Smith to know what he Could say Concerninge the p{re}tended will, at w{hi}ch time hee told them that hee was sent for to mris Busbyee, and when hee Came thither hee was desired | f 74 | by the s{ai}d mris Busbye to sett his hand to a writinge, and as shee told him it was Iohn Busbyes will, but for his part hee heard not the s{ai}d writinge read, neither did he know what it was, or what it Concerned, or to the selfe same effect, and this hee perfectly remembreth to be soe, because hee tooke a note of the s{ai}d word{es} in writinge/
ffrancis Keate ad 17a{m}: fol: 141: That hee the dep{onen}t Mr Lewes and other{es} vnknowne to this deponent beinge in Woodstreete Counter with Iames Smith, hee Smith then affirmed that in Mr Busbyes will was made and ready signed and published before hee Smith was Called vp to be a witnes thereto, and also to this dep{onen}ts best remembrance that hee did not read, nor heare the same read.
William Hawkins ad 17a{m}: fol: 321: That about three yeares since this dep{onen}t meetinge w{i}th Iames Smith at the boares head neare Cripplegate, and as they were partinge Company hee demandinge of him where hee went, hee told this dep{onen}t that he was to goe to Mris Busbyes about a thinge wherevnto he had sett his hand and the dep{onen}t askinge him what it was, hee told the dep{onen}t hee Could not tell./

21) That Iames Smith deposeth that the deceased was sicke of the disease hee dyed of seaven or eight weekes./

Iames Smith testis Warner ad 2a{m} Int{errogacionem} fol: 117./ [f 75]

22) That the s{ai}d Iohn Busby the deceased was not sicke of the disease whereof he dyed above three week{es}

Ralph Yardley ad 2a{m} Interr{ogacionem} fol: 268./
Martha Church ad 5a{m} Interr{ogacionem} fol: 191: b/

23) It was vsuall with Iames Smith to sweare and Curse bitterly and fearefully./

Stephen Church ad 11a{m} Int{errogacionem} fol: 336./

24) That Browne was servant and app{re}ntice to Mr Leech./

Thomas Leech ad 1a{m}: fol: 200./
Thomas Browne ad 1a{m}: fol: 99: That he was his servant./

25 ) That Ralph Yarley is a legatary in the p{re}tended will of Iohn Busby and a witnes p{ro}duced vpon Corroboration <...>

vide Testamentum [] et acta Curi‘./

26) That whereas Ralph Yardly ad 4a{m}: fol: 265: b: deposeth y{a}t D{o}c{t}or Spicer was not p{re}sent at the makinge of the p{rete}nded will, &c, D{o}c{t}or Spicer deposeth that hee was p{re}sent, fol: 239: b: ad 1a{m} &c

27) Item that whereas Ralph Yardley likewise deposeth ad 3a{m}: fol: 264: b: y{a}t Mr Keate was p{re}sent at the makinge of the p{rete}nded will, and demanded of the deceased what he had given to the Church &c: the s{ai}d Mr Keate deposeth ad 4a{m}: fol: 343: That he was not w{i}th the deceased in [...] any time of his sicknes whereof he dyed./

28) Item that Ralph Yardley ad 9a{m}: Int{errogacionem} fol: 271: deposeth that D{o}c{t}or Spicer did visitt the de [] dece{ase}ds sicknes, the s{ai}d D{o}c{t}or Spicer witnesseth fol. 238 et 239 deposeth that hee was with the deceased but twice in the time of sicknes whereof hee dyed./