A VINDICATION OF Sr. ROBERT KING 's Designs and Actions In Relation to the late and present LORD KINGSTON BEING AN ANSWER To a Scandalous Libel lately sent abroad under the Title of MATERIALS For a Bill of Discovery against Sir Robert King Bar. Anthony Raymond Charles Gosling William Sprigge Anthony Cope Dean of Elphin Anthony Sheppard Mrs. Choppyne Thomas Twigge Garreit Misset Cap. Samuel Pash Dean Francis Quaile Lady Kingston Mr. Rochfort Sir St. George Arthur Cooper James Johnson John Reading William Palmer Henry Farrell and Standish Hartstrong Junior Esq Ornari Res ipsa negat contenta doceri Horat. Printed in the Year 1699. A VINDICATION OF Sr. ROBERT KING's Designs and Actions In Relation To the late and present Lord KINGSTON BEING An Answer to a Scandalous Libel lately sent abroad under the Title of Materials for a Bill of Discovery against Sir Robert King Bar net Anthony Raymond Charles Gosling c. WHILST some of those whom Sir Robert King thought he had oblig'd to be his Friends exprest their Unkindness to him in reproachful Discourses only he judg'd it unnecessary to return any Formal Answer to them in Writing believing his own Reputation so well Establish'd in the World as to be a sufficient Defence against the most violent Efforts of that nature But seeing those severe Reflections that were past on him tho' as unjustly rais'd as industriously spread abroad are lately form'd into a Libel and publickly appear against him under the Specious Title of Materials for a Bill of Discovery against Sir Robert King c. He thought himself oblig'd to vindicate his own Innocency in the same manner in which it was aspersed by returning a distinct Answer to each particular Article of his Accusation And tho' the Author of the Materials of that Bill of Discovery or rather of Indictment against Sir Robert King has been very careful in observing the known Maxim of mischievous Policy by supplying the want of Truth in the Accusation by the Boldness and Heinousness of the Charge Yet I do not question but that the Answer which is here return'd to that Scandalous Libel is so full and convincing that it will for ever silence the unreasonable Clamour of Sir Robert's Adversaries and effectually acquit him in the Judgment of all candid and ingenuous Men. The confus'd Materials of this pretended Bill of Discovery may be reduc'd to these Four Heads First Those Matters that relate to Sir Robert King's Guardianship of the late and present Lord Kingston Secondly The Circumstances of the present Lord's Marriage Thirdly The late Lord's Disinheriting the present Lord and Settling his Estate on Sir Robert King and his Heirs And Fourthly the Settlements and other Deeds relating to the late and present Lord Kingston's Estate The Complaints relating to the First Head are these That John Lord Kingston the Father of the late and present Lord having design'd his two Sons to be committed to the Tuition of the late Earl of Arran by reason their Uncle Sir Robert King was too near related and in Remainder for want of Issue of them to the Estate of Boyle Sir Robert King by his Accomplices particularly Anthony Raymond perswaded the late and present Lord to chuse him for their Guardian That by Contrivance of the said Raymond Sir Robert got all the Patents Rent-Rolls c. into his Hands and pick'd out such Instruments out of his Brother's Agents Stewards c. viz. Raymond Gosling Captain Caulfield as enabled him to carry on his Designs against his Nephews That he Acted solely without the Concurrence of the other Executors That Captain Blackwell one of the Lord John 's Trustees and always an Opposer of the Designs of Sir Robert was bought off from Acting That Sir Robert never return'd an Inventory of the Goods and Chattels nor any Account of his management into the Prerogative Office That immediately after the late Lord John 's Death he remov'd the present Lord from Kilkenny-School and for the space of a Year gave his Brother and him the liberty to follow their own Inclinations which gave the Eldest an Opportunity of minding nothing but Hunting and keeping mean Company and the Youngest of Trifling away his Time very Idly also and that when the late Lord was perswaded to go abroad Sir Robert would not permit the present Lord to Travel into France with his Brother tho' earnestly desir'd with Tears nor wou'd send him over to him tho' his Brother writ frequently and pressingly for him and sent Captain Pach to bring him That the present Lord being placed at Charlevile-School and committed to Raymond 's Care he was wholly neglected there his trusty Servant Roger Brennan being turn'd off by Sir Robert 's Orders and a Boy preferr'd to wait on him who was not capable of serving him nor of seeing any ill designs that were form'd against him That on Sr. William King 's taking notice of and expressing a concern for his ill usuage there he was remov'd thence on a pretence that Sir William King design'd to Marry him to his Daugter That being brought to Boyle and one Lightbourn appointed to be his Tutor they both spent their whole time in Idleness Sir Robert King in the mean while not vouchsafing to make the least Enquiry concerning his Studies or any thing that tended to his good though he lived within three Miles of Boyle That being sent to the College he was within some few Months after his Admission remov'd to Abbyboyle That Sir Robert by neglecting to disburse three hundred Pounds for this present Lord's use when he and Raymond had Fifteen hundred Pounds of his Money in their hands lost him Captain Holcroft 's Estate which was worth Four Hundred Pounds per annum That Sir Robert underhand encouraged his Father in Law Capt. Choppyne to buy it in hopes of his Settling it after his Decease on Sir Robert and his Heirs and in fine that Sir Robert King to avoid giving an Account of his Trust which he had broken in sundry particulars shifted off the Guardian-ship of the present Lord and plac'd it on the late Lord Robert who was then but just Twenty one Years of Age. To all which the following Answer is return'd First That Sir Robert King was so far from endeavouring to divert John Lord Kingston from appointing the late Earl of Arran to be Guardian to his Sons that he never knew or heard of his having form'd any such Design and that after his Death there being no Guardian nam'd in the Will most of all the Trustees and particularly that very Capt. Blackwell whom the Author of the Materials represents to have been always an Opposer of Sir Robert 's designs perswaded Sir Robert to take upon him the Guardianship of the late and present Lord not mistrusting that the choice of such a Person wou'd to speak the least be any way prejudicial to their Affairs For though Sir Robert King was not appointed by his Brother to be Guardian to his Children there is no reason
to Believe that what is suggested by the Author of the Materials was the true Occasion of it For his Brother having nominated him in his Will by the Name of his Dear Brother to be one of his Executors notwithstanding the nearness of his Relation and his being in Remainder to the old Estate of Boyle he did not 't is probable on those accounts judge him unqualified to be Guardian to his Sons especially if it be consider'd that John Lord Kingston was so far from entertaining any Jealous thoughts of his Brother on Account of the nearness of his Relation that he often earnestly intreated him to Travel with the late and present Lord thinking that they wou'd be more safe under the care of Sir Robert than of any other person And as Sir Robert do's declare that he never employ'd Mr. Raymond to perswade the late and present Lord Kingston to accept of him for their Guardian the truth of which Raymond has declar'd upon Oath * Vid. Raymond 's Deposition in the Appendix No. 1. So neither were the Circumstances of Sir Robert's Fortune so inconsiderable nor his Reputation in the World so bad that he could reasonably be suspected to have had any self-interested design in the management of his Nephews Affairs but on the contrary Sir Robert has good reason to Believe that besides the fatigue of frequent Winter Journeys from Conaught to Dublin for the security or improvement of their Fortunes his long stays there his trouble in following several of their Law-Suits and the neglect of his own Business to attend theirs he expended several hundred Pounds of his own Money which tho' laid out for their Advantage was never placed to their Account as appears by Sir Robert's Answer upon Oath to a Bill in Chancery in Michaelmas Term 1697. And as the sole intention of his complying with the desires of his Nephews as well as of the Trustees in accepting the Office of Guardian to them was to express his Gratitude to his Brother by his care and good Management of the Persons and Concerns of his Children so he thought he had discharg'd that Trust with so much faithfulness as might if not merit their acknowledgments yet at least free him from their Censures And it is sufficiently known to the World what great regard the late Lord Kingston had for him and with what kindness and respect he always Treated him which did abundantly testifie the due sense his Lordship had of his Unckles care in his Education and of his just management of his Estate and must needs render the contrary usuage Sir Robert has lately met with from the present Lord the more uneasie and surprizing to him he having always had an equal care of the concerns of both the Brothers and no less affection for the Younger than he had for the Elder which will appear by the further Answers to the Materials for the pretended Bill of Discoveries against him But amongst all the Libellers misrepresentations of Sir Robert's Actions there is none more groundless and unreasonable than what relates to Capt. Caulfield Dean Cope Dr. Quail Mr. Raymond and Mr. Gosling for it can't but appear strange that Sir Robert's intimacy with their Fathers faithful Friends and imploying his most knowing and trusty Servants in their business which in the opinion of all indifferent Men wou'd be accounted a Mark of respect that Sir Robert paid to their Fathers Memory and the best measures he cou'd take for the advancement of their Fortunes and the surest proof he could give of the uprightness of his intentions shou'd be objected to him as a Contrivance to carry on his own Designs against them for certainly these persons might with much more shew of reason be judg'd Spies on Sir Robert's Actions than what is invidiously suggested Accomplices of his ill Designs Among these pretended Complotters with Sir Robert to Ruin the late and present Lord Kingston Mr. Anthony Raymond is mentioned as the Chief who was not only bred up from his Childhood under the present Lord Kingston's Grandfather Sir William Fenton and constantly imploy'd by him in his business but as a Mark of Sir William's more than ordinary regard for him and his entire Confidence in him was made a Trustee in several of his Deeds and particularly in a Deed for the Settlement of part of his Estate on this present Lord Kingston And the present Lord Kingston's Father had so long Experience and so great an Esteem of the Faithfulness of Mr. Raymond's Service and the Prudence of his Management that he recommended him to his Trustees as the fittest Person to manage the Estates of both his Children in Munster So that it happens very unluckily to the Libeller That this very Raymond who is represented by him as a mighty Grievance to the late and present Lord Kingston and the Employing of whom is objected to Sir Robert King as a heinous Crime shou'd not only be constantly employ'd and much approv'd of by their Father and Grandfather during their Lives but also Bequeath'd as I may justly say at their Deaths as a considerable Legacy to their Children And to make good that favourable Opinion they had of him and fully to Vindicate Sir Robert King in Employing him he has besides the many instances that might be given of his successful Industry in the late Lords affairs considerably Improv'd the present Ld. Kingston's Estate For whereas it was not worth 400 l. per an at the time of his Fathers Death it was rais'd by Mr. Raymond's Prudence and Care to near 600 l. per an The Truth of which may appear by the Rent Rolls taken at his Fathers Death compar'd with that which was given in to the present Lord Kingston when his Lordship took the management of his Estate into his own hands And as by what has been said and is ready to be prov'd Sir Robert King's imploying Mr. Raymond in the concerns of both his Nephews is abundantly justify'd so what is objected concerning his Acting without the Concurrence of the other two Executors will be fully clear'd if we consider that the late Lord Kingston who was named First Executor in his Father's Will was at the time of his Fathers Death and for some Years after in his Minority and on that Account was not so properly qualify'd to Act and that the late Lord Chief Justice Povey who was the other Executor had not leasure by reason of the Publick Station he was in to attend such Affairs and that tho' by frequent Indispositions of Body he was disabled to undergo the Fatigues of long Journeys into Munster and Conaught yet he did give his Advice and Assistance to Sir Robert in the discharge of the Executorship and approv'd of his management of Affairs as long as he continued in this Kingdom As touching Capt. Blackwell he was a Creditor as well as a Trustee and by his indeavouring to Impair rather than Improve the late Lord Kingston's Fortunes he became indeed a constant
Opposer of Sir Robert 's designs viz. of preserving the late Lord from being wrong'd by him for he having claim'd a greater Debt than was really due to him and Sir Robert refusing to pay it the Controversie was referr'd to Sir John Temple's Determination who awarded him 1000 l. instead of 1500 l. that he demanded as appears by the Award in Mr. Sprig's hands which as soon as he received he quitted his Charge and went away to England So that now the Reader may perceive that the Money paid to Capt. Blackwell which is represented by the Libeller as a Bribe was the Discharge of a Debt and what is said concerning his being Bought off from acting as a Trustee is to be understood of his being cut off 500 l. of what he demanded as a Creditor Of this and all the other Debts and Credits Goods and Chattels of John Lord Kingston Sir Robert many Years ago return'd a perfect Inventory and Account into the Prerogative Court and there if the Libeller be pleas'd to make a Search he may better be Inform'd what reason he has Verily to believe that Sir Robert did never make any such return into that Office Nor is the Libeller less mistaken in what he says concerning Sir Robert's getting into his hands all the Patents Deeds Rent-Rolls c. belonging to John Lord Kingston for they never were in Sir Robert 's hands but were still lodg'd with Mr. Raymond as with a Person who knew the matters contain'd in them more perfectly and cou'd manage them more dexterously than any other for the Interest of the Orphans Though if Sir Robert had kept them in his hands it could not reasonably be imputed to a Guardian as a Crime to have the Writings relating to his Ward in his own Custody Nor can Sir Robert suffer in his reputation by those groundless reflections that are pass'd upon him by the Libeller in reference to the Education of the late and present Lord Kingston there being many Persons of great Veracity and considerable Character in this Kingdom that can vouch for Sir Robert's Care of their Breeding and Tenderness of their Persons for it is sufficiently Notorious That soon after the Death of John Lord Kingston Sir Robert King having occasion to be in Dublin for some time to prove his Brothers Will c. his two Nephews were all the while in the same Lodgings with him Eat at the same Table and after about two Months stay went together with him into the Country and for the most part of that Year were with him in his House at Rockingham where they were Treated with a respect suitable to their Quality and with a kindness equal to what he ever shew'd to his own Children and were so far from being neglected in their Education or permitted the liberty of following their own Inventions that Doctor Quail a Person of known worth and Prudence who had been Tutor to the late Lord Kingston in his Fathers Life-time and was much Esteemed by him did not only continue in the same Station but had the present Lord also committed to his care and though the late Lord did for a while follow with too much fondness and application the Divertisements of the Country yet Sir Robert was not wanting in his Duty to him but still imploy'd his whole Interest and Authority to restrain his too eager Prosecution of them and within a Year his Lordship was prevail'd upon by his Unkle's Advice which was agreeable to his Father's Designs to quit all his Diversions at Home to improve himself Abroad being assisted by the Prudence and good Management of Dr. Quail who was appointed by Sir Robert to be his Tutor and Companion in his Travels And as the late Lord did not at the time of his leaving this Kingdom seem desirous of his Brother's Company abroad so notwithstanding what is suggested by the Libeller Sir Robert never receiv'd any Letter from his Lordship intimating his Desire of having his Brother sent over to him into France nor did Sir Robert ever know that Captain Pach was sent by the late Lord to bring his Brother thither but to be his Tutor here It may be true that the present Lord did then as the Libeller says press his Unkle and perhaps with Tears to send him along with the late Lord Robert but was deny'd for Sir Robert did not judge it consistent with his Gratitude to his Brother's Memory and the Interest of his own Reputation being next to his Nephews Heir in Remainder of the Estate in Conaught to expose his Brother's whole Family at once and in their Nonage too to the many and great Hazards of Travelling into Foreign Parts and therefore thought it better to run the Risque of incurring the Censure of Unkindness from some indiscreet Persons than too fondly to gratifie the imprudent tho' earnest Desires of a Youth who in the Materials for a Bill of Discovery is represented as being then but Thirteen Years Old for certainly one of that Age tho' well fitted for the Advantages of that sort of Education that is to be had at Schools in his Native Country is very little qualified for those Improvements that are to be acquir'd by Travelling into Foreign Kingdoms and accordingly Sir Robert instead of permitting the present Lord Kingston at that time to go for France sent him to a then celebrated School at Charleville and instead of his Trusty Servant Roger Brennan as he is call'd in the Materials who had left the Family before John Lord Kingston's Death and who afterwards declar'd himself a Papist Sir Robert appointed an honest Protestant Youth to attend him and ordered Mr. Raymond who liv'd near Charleville to have a more than ordinary Care and Inspection over him And there being some time after this Lord 's going thither a Report spread abroad in those Parts of Sir William King's designing to Marry his Daughter to him Mr. Raymond according to his Duty gave Sir Robert King an Account of what was generally discours'd And tho' the Libeller intimates that Raymond himself was the Author of that Story being as he alledges provok'd thereto by Sir William King's kind reception of the present Lord at his House and his resentment of his Lordships ill usage by Raymond at Charleville yet Sir Robert do's not think he has any reason to believe that Mr. Raymond did raise that report but that the discourse in those parts concerning that matter came first from others and is fully satisfied that Mr. Raymond according to his order furnish'd this present Lord Kingston during his stay at Charleville with all necessaries and conveniences suitable to a Gentleman of his Age and condition though not with Superfluities to gratifie the Extravagancy of his Temper And Tho' Sir Robert do's not question Sir William King's kind concern for and obliging Treatment of the present Lord Kingston at his House yet he do's not know of any Liberty he gave him of Courting his Daughter much less of his designs of Marrying
the said Sir Robert sent him to the said late Lord to signifie his the said Sir Robert 's dislike of it and to dissuade him the said Lord Robert from making thereof which Message the Doctor deliver'd to the said late Lord at which the said late Lord seemed to be moved and said he would proceed in it or Words to that effect and that Peggy Cahan 's Issue should never enjoy his Estate And to this purpose Charles Gosling Esq who was sometime Secretary to the late Lord Kingston has depos'd * Vid. Mr. Gosling 's Deposition in the Append No. 4. That when the News came of the present Lord Kingston 's being Married to Margaret Cahan the late Lord was so much troubled at it and so much enrag'd at him that he soon after resolv'd to Levy a Fine and suffer a Recovery of his Estate both in Connaught and Munster and told his Uncle Sir Robert King of his Resolution and that he would settle the same upon him and his Children And that Sir Robert thereupon advis'd him to the contrary telling him That tho' his Brother had Married so far beneath himself and his Family yet she might make a good Wife or Words to that effect upon which the late Lord Kingston solemnly profess'd and swore That in Case Sir Robert King would not accept of the Settlement he would settle the Estate upon his Cousin Captain Francis King and his Children which this Deponent viz. Mr. Gosling often heard the said Lord Kingston declare and this Deponent does also verily believe that he would so have done in case the said Sir Robert had not accepted of the same Nor can the late Lord Kingston's Disinheriting his Brother be judg'd an Act of unreasonable Severity if besides what has been already said it be but considered that the present Lord's private Fortune left him by his Grand-Father Sir William Fenton which he then enjoy'd amounted to 600 l. per Annum which to any impartial Judgment will pass for more than a competent Inheritance for the Children of such a Mother And tho' the late Lord Kingston shew'd a just Displeasure at his Brother 's disgraceful Marriage by Disinheriting his Issue by the Irish Servant-Maid yet he express'd a tender Regard to the Nearness of the Relation by ordering such a Clause to be inserted in the Settlement as might be a saving to such Sons as the present Lord Kingston should beget on the Body of such a Wife as he should Marry with the Advice and Consent of his said Brother and his Uncle Sir Robert King or such of his next Relations as should be then living c. And surely the late Lord Kingston had no cause to believe that his Brother would think it unreasonable that the Children of that Woman whom in his Letter to Mr. Gosling he acknowledg'd to have been a Scullian should be barr'd from Inheriting a Lord's Estate And as we may perceive by Mr. Gosling's Deposition that the late Lord Kingston did solemnly declare his Intention of Settling his Estate on Captain Francis King if his Uncle should obstinately persist in the Refusal of it so the present Lord was so fully persuaded of the Stedfastness of those his Brother's Resolutions that when he came to Age he freely and of his own Accord declar'd his Consent to his Uncle's Acceptance of his Brother's Estate which the late Lord Kingston had before very frequently offer'd and earnestly press'd and Sir Robert had as often and obstinately refus'd For when Sir Robert King was going for England in February 1683 4. the present Lord Kingston was pleased to favour him with his Company to Rings-End and on the way the present Lord without any Connexion with their former Discourse addrest himself to his Uncle in these or the like Words Uncle when I was under Age you refus'd to accept of the Estate offer'd you by my Brother but now I am come to Age I freely consent to your Acceptance of it The Truth of this Sir Robert is ready to depose and has also the Testimony of Doctor Horneck to confirm it for in his * Vid. Append No. 10. Dr. Horneck 's Letter Letter to Sir Robert dated Sept. 22. in the Year in which he died he declares That the present Lord Kingston did acknowledge to him that he had given his Consent to the passing his Brother's Estate to his Uncle Yet notwithstanding this so voluntary and so seemingly a deliberate a Tender which the present Lord Kingston made his Uncle of his Title to and Interest in his Brother's Estate Sir Robert King was still scrupulous in Accepting of it until he had stated his Case to Four of the most Eminent Divines in England whom he consulted a-part without Acquainting any one of them of his having had the Advice of any other and had receiv'd their unanimous Agreement in their Opinions of the Lawfulness of his Acceptance of such a Settlement And to convince the Reader that Sir Robert did not as the Libeller most groundlessly suggests State his Case after his own Way but with all Faithfulness and Truth I here produce it in the very Words in which he propounded it to the English Divines as may appear by the Original sign'd by them A. having a fair Estate Two Sons and one Brother dies the Younger Brother having an Estate of Five Hundred Pounds a Year from his Mother's Father Marries about Eighteen an Irish Papist Servant in his Brother's Family on which the Elder desires to settle his Estate after his own Issue on his Uncle and his Issue and cut off the Brother But the Uncle has for some time declin'd the Proposal on the score of Conscience until the Younger's coming to Age who sensible of the Disparagement brought upon his Family by his mean Marriage has desir'd his Uncle to accept the Offer yet still the Uncle continues scrupulous and begs to know whether in good Conscience he may Accept or is bound to Refuse the Estate so offer'd The Younger Brother has by this Girl one or more Sons And they gave their Opinion in the following Words The Case being so as is propounded my Opinion is That the Uncle may with a good Conscience Accept and is not bound by any Rule of Conscience that I know to Refuse such a Settlement John Cestriensis I see no Reason why he may not Accept or why he should think himself bound in Conscience to Refuse the Estate so offer'd John Tillotson I am of the same Opinion Edward Stillingfleet I am of the same Opinion John Sharp Nor is the Libeller less mistaken in what he suggests concerning the Time than in what he says of the Manner of Sir Robert's Stating his Case to the Divines for tho' he intimates that he had not ask'd their Opinions before he had actually accepted of the Estate yet the Truth of the whole Matter is plainly this which Sir Robert is ready to depose Sir Robert going for England in February 1681 4. at his first Landing
there waited on Doctor Pearson then Lord Bishop of Chester and consulted him concerning the fore-mention'd State of his Case who then writ and sign'd his Opinion thereon and when he came to London he discours'd the several other Divines above-mention'd who all concurr'd in their Judgments with the Bishop of Chester before he consented to the late Lord Kingston's leaving him next in Remainder to his Estate But afterwards in his Return for Ireland conceiving it fit to have all their Opinions in Writing he sent the Original Case with the Bishop of Chester's Hand to it to Mr. Raymond who was then in London to get the rest to Sign what before they had declar'd which accordingly they freely did But besides the great and undeniable Evidences I have already produc'd to prove the Falseness of the Libeller's Suggestion That Sir Robert King endeavour'd by all the Artifices he could invent to procure the Disherison of the present Lord I shall mention two which I may reasonably presume are beyond Exception The first is The Testimony of the late Lord Kingston who in his Directions to draw an Answer to his Brother's Case presented to the House of Lords in England declares in a Paper * Vid. Appendix No. 11. The late Lord Kingston 's Paper under his own Hand ready to be produc'd That the first Rise of his Brother's Wife the present Lady Kingston was to be his Poultry Woman's Servant and her greatest to be his Dairy-Maid till she became his viz. his Brother's Spouse And then follow these remarkable Words That it was on this Occasion I settled my Estate from him and his Heirs into a Family of good Extraction and not as he most unjustly says by the Advice and Desire of Sir Robert King my Uncle who was the only Man of all those that knew my Designs that oppos'd so just a Settlement To this may be added the late Lord's * Vide Appendix No. 20. The late Lords Letter to Sir Robert King Letter dated June 29. 1688. in which he says If I could more firmly settle what I have I would and rivet it rather than it should be ever alter'd And if any Testimony in this Case may be imagin'd greater than that of the late Lord Kingston's it must be that of a profess'd Adversary to Sir Robert King and even this I have to produce for Sir Robert's further Vindication For the present Lord Kingston himself after his publickly known and avow'd Marriage and even after his having the certain knowledge of his own Exclusion out of his Brother 's Settlement writ a Letter * Vide Appendix No. 14. The present Lord Kingston 's Letter without date but some time in Summer 1684 to Sir Robert who was then in England wherein he was so far from Accusing Sir Robert of Promoting his unfortunate Marriage or of having done him ill Offices with his Brother or of being an Instrument of his Disherison that he professes a great Respect to him stiles him his dear Uncle and declares It was not want of Duty that he had not waited upon him acknowledges the Kindnesses of his Relations and confesses that bitter Reproaches were due to him from them and that he was resolv'd to live private and retir'd from the Sight of all his Relations and Friends and ends that Letter with seemingly sincere and hearty Promises of perpetual Dutifulness to his Uncle in these words And tho' perhaps you may never see me yet as far as my Power shall ever reach you shall ever find me your Dutiful and Obedient Nephew And now having as I hope very fully answer'd the Libeller's main Objections against Sir Robert King relating to the Discharge of his Office of Guardian to his Nephews and to the Circumstances of the present Lord Kingston's Marriage and the late Lord's Settlement of his Estate the remaining Objections will be more easily dispatch'd For first to what the Libeller suggests against Sir Robert King That he so wrought his Ends with the late Lord Kingston as to get him to settle 600 l. or 800 l. per An. of the New Estate upon him the Answer is plain and easie for 't is very notorious that the Estate which the Libeller means was not settled on Sir Robert King by the late Lord Kingston but by his Father Sir Robert King's Brother And here Sir Robert takes Occasion with all Gratitude to acknowledge his Brother's extraordinary Kindness to him for whereas his own Patrimony was but small his Brother the late John Lord Kingston was pleased to settle on him and his Heirs by a Rentcharge 400 l. per Annum in order to his Marrying an Heiress of an equivalent Fortune and Sir Robert does freely own that after his Brother's Decease his Executors and Trustees did accordingly set out Lands out of the New Estate to the Value of 400 l. per Annum in lieu of the Rentcharge for that Sum on the whole Estate By which the Reader may perceive the Ingenuity of the Libeller not only in Advancing 400 l. into 600 l. or 800 l. per Annum but also in Representing that as the Effect of Sir Robert's Artifice and Influence over his Nephew the late Lord Kingston which was purely the Result of his Brother the late Lord John's Generosity And as to the Objection concerning Sir Robert 's and Mr. Raymond 's Incensing the late Lord Kingston against his Brother on Account of his not Returning the Papers relating to the Mannor of Newcastle which he had got from Dr. Quail the true State of that Matter is plainly this Mr. Raymond being appointed a Trustee by the present Lord Kingston's Grand-Father Sir William Fenton in several Deeds made by him of his Estate in Munster of which Newcastle was a part and having deposited the Writings relating to that Interest in the Hands of his Son in Law Dr. Quail the present Lord prevail'd with the Doctor to send him the Writings that concern'd New-Castle on Promise of Restoring them when requir'd which his Lordship afterwards refusing to do Sir Robert King knowing that the late Lord had a Remainder in that Estate advis'd Mr. Raymond to acquaint his Lordship with the Damage he might suffer by those Papers being detain'd by his Brother and not lodg'd as they ought to be in the hands of the Trustee And this being the plain and whole Truth of that Case the Libeller surely had no reason to represent Sir Robert's Justice to the late Lord Kingston as an ill Office to the present Lord. Nor has the Libeller more reason to reproach Sir Robert King for Advising the late Lord Kingston immediately after the late Revolution to settle and apply Newcastle to pious Uses for tho' that Mannor was left to the present Lord by his Grand-Father Sir William Fenton yet his Lordship being at that time a Forfeiting Person on account of his adherence to and continuance with the late King in France and consequently in no Capacity of Enjoying it and his Brother the late Lord
will be fully vindicated and that it will appear to every intelligent and ingenuous Reader that nothing could reasonably be expected from an Affectionate Uncle from a Faithful Guardian from a Grateful Brother and from a Prudent and Good Man which Sir Robert King has not done for his Brother's Sons the late and present Lord Kingston APPENDIX N o. I. Anthony Raymond Esq his Oath 1. ANthony Raymond Esq came this Day before Me and made Oath That he does not remember that the present Lord Kingston's Father did design and direct that the late Lord Arran and Sir Robert Booth should after his Death be Guardians to the late and present Lord Kingston and that he did not use any Artifice to perswade them to choose their Uncle Sir Robert King for their Guardian nor was he that he remembers ever desired by the said Sir Robert King to move them to it but what he advised in that particular was for their good 2. That he knew of no ill Designs of Sir Robert King on his Nephews but that on the contrary he always promoted their Good and Advantage and that he this Deponent never did enter into Combination with the said Sir Robert Captain Caulfield Doctor Cope Mr. Gosling and Francis Quail to deprive the late or present Lord of their Estates or to do any thing to their Prejudice but was active to promote their Interests as appears by many Instances well known to many 3. This Deponent further declares That he always observ'd a great Zeal in Sir Robert to persuade the late Lord Kingston to an honourable Marriage that he was often employ'd by the said Sir Robert King to bring the same to effect and particularly remembers that being in London the said Sir Robert was inform'd of one Madam Holland an Heiress of an Estate worth 800 l. per Annum old Rent as he remembers near Manchester whereupon he the Deponent with a Friend that had some Interest and Acquaintance in that Family were order'd by the said Sir Robert to visit the Lady and inquire into the Truth of Matters as to her Fortune and Person and from thence this Deponent was directed to go and give the late Lord an account of it then in Ireland which he did accordingly and which so far pleas'd his Lordship that he fully resolv'd to make Court to the said Madam Holland prepar'd for his Journey and pitch'd on Mr. Adam Purdon for his Companion and order'd the Deponent to go before to prepare things which he did but when this Deponent came there he found that the Lady was too far engag'd a Match being as good as concluded on with another 4. That he was by the said Sir Robert King sent into the North to a Place as he remembers call'd Bangor to one Mr. Hamilton as he believes Uncle to the Lady Betty Cromwell to give an account of the late Lord's Estate in order to a Match that was on foot betwixt the said Lord Kingston and the Lady Betty Cromwell and that afterwards being in London the Matter was so far prosecuted that Deeds were a preparing in order to a Conclusion of a Marriage which the said Sir Robert seem'd to this Deponent to be very intent and earnest for but by some occasion it broke off 5. This Deponent further deposeth That he does not remember to have receiv'd any Letter from Captain Choppine bearing date the 17th of June 1684. wherein these Expressions are That the Fire kindled must be kept alive by Sir Robert 's Friends That an Opportunity offers to make him and his Happy I promise he will gratefully reward you c. 6. That he very well remembers That on passing the Accounts of Sir Robert's Guardianship of the present Lord Kingston he the said Lord did freely and of his own accord allow the said Sir Robert King One Hundred and Fifty Pounds for his Care and Charges in the Management of the said Guardianship Ant. Raymond Jurat coram me 15 die Augusti 1698. Ste. Moore N o. II. The Deposition of Mrs. Elenor Sankey ELenor Sankey of the City of Dublin Widow came this Day before Me and made Oath That she this Deponent being at Sir Robert King's House in Abby-Boyle about Christmas which was in the Year of our Lord 1678. the present Lord Kingston applied to her this Deponent in behalf of his now Lady saying that he had a Complaint to make to her and with Tears in his Eyes told this Deponent That there was a poor innocent Girl in the Castle meaning the late Lord Kingston's House who was an Underling and he saw her a quiet Creature and desir'd Mrs. Horsey who was then House-keeper to the said Lord Kingston to advance her to be his Chamber-Maid which she accordingly did whereupon Mr. Gosling and some others said That he the present Lord Kingston and the said Girl were too familiar or too great as the present Lord Kingston then told this Deponent adding that the reason of their Censuring her was because she would not yield to them in any ill thing and that they like unjust People had told his Uncle Sir Robert King who was so incens'd against the said Girl that he was fully resolv'd to turn her away and had given Orders that she should be forthwith turn'd out of the Family This Deponent further deposeth that the present Lord Kingston told her at the same time That he knew that she this Deponent had great Interest with the said Sir Robert King and begg'd her to use it that the said Girl might not be put out of her Service and to let Sir Robert and all the World see her Innocence he would receive the Sacrament the day following on it and further said He would not for any thing in the World have the Girl turn'd off and lose her Reputation by him and begg'd her this Deponent to intercede for her with the said Sir Robert King which she this Deponent did but found Sir Robert so angry and so resolv'd to turn away the said Girl that she would not venture to say much to him about her This Deponent further deposeth That she often heard that the present Lord Kingston was too familiar with Peggy Cahan but never heard nor thought that there was any Apprehension of his Lordship's Marrying her while they were in Ireland That this Deponent often heard likewise that the late Lord Kingston offer'd to settle his Estate upon his Uncle Sir Robert King on Report of Peggy Cahan's being with the present Lord in France or that she was Married to him but that Sir Robert often refus'd any such Settlement tho' she this Deponent heard her Uncle and Aunt Choppine several times press him to accept of it Jurat coram me 11 die Maii 1699. Jo. Ussher N o. III. Dean Cope 's Affidavit DOctor Anthony Cope Dean of Elphin came this day before Me and made Oath That Sir Robert King never requested this Deponent to move the late Lord Kingston to make any Settlement of his Estate
Box of Papers he began to read them the Deponent upon this was very much troubled and to get them out of his Lordship's Hands told it was late and she must go home he bad her go home for that he would take as much Care of the Papers as she could and would put them up when he had done with them She went home to Rockingham and next day went to Boyle to look after the Papers and found some in the Box and some on the Floor but she mist some of the Papers and a Leathern Bag in which she believes his Lordship put the Papers he took away for she saw there was not near so many as she shew'd his Lordship the day before Nola 8 Murphey her Mark. Jurat coram me Octob. 19. 1697. Ant. Cope N o. XV. Mr. Raymond 's Second Deposition ANthony Raymond of Garrane in the County of Cork Esq came before Me this day and made Oath That a little before the Right Honourable Robert Lord Kingston was Married the said Lord Kingston imployed this Deponent to get a Deed of Settlement drawn in order to his Marriage which Sir Robert King Baronet understanding he the said Sir Robert desir'd this Deponent to acquaint his Lordship that by the former Deed of Settlement that he had made the Estate was for want of Issue of his own Body to go to Sir Robert King and his Sons in which Deed there was a Power or Proviso that if the said Lord Kingston should Marry it should be in his Power some Months before and after his Marriage to revoke the said Deed and to make such new Settlement and limit Remainders or Uses as he should think fit by which it was then in his Power to settle the Reversion of his Estate for want of his own Issue on his Brother and therefore desir'd his Lordship would seriously consider whether he was not bound in Conscience to settle it on his Brother and that he should consult some of the Eminent Divines in the City meaning London whether he was not oblig'd in Conscience to settle it on his Brother whilst it was in his Power for that if a new Deed and Settlement were made on his Marriage with the like Uses and Limitations as the other was it would not be in his Power afterwards to alter it or to that or the like effect which Message this Deponent did faithfully deliver unto the said Lord Kingston who bad this Deponent to tell his Uncle meaning Sir Robert King that he desir d him not to give him any more Trouble about it for that he was resolv'd to continue the Settlement as it was and that if his Uncle would not accept of it he would settle it on his Sons or to that or the like purpose Which Answer this Deponent did deliver unto the said Sir Robert King whereupon as this Deponent believeth the said Sir Robert King did acquiesce Ant. Raymond Jurat apud Limerick 2 do die Augusti 1697. coram me Robert Smith Un. Magistr extraordin in Cancell Hiberniae N o. XVI The Deposition of William Teams WIlliam Teams came voluntary before us and deposed on the Holy Evangelists Imprimis That he being Servant to the late Lord Kingston was very well acquainted with Margaret Cahan when she lived with Katherine Nolan Hen-Woman to the said Lord Kingston and afterwards when the said Margaret was Servant to Mrs. Susanna Horsey And this Deponent saith That it was commonly reported that the now Lord Kingston and the said Margaret were too familiar and great and that when Sir Robert King heard thereof he prevail'd with his Nephew the late Lord Kingston to promise this Deponent Fifty Pounds to Marry the said Margaret Cahan purposely that she might be removed from the now Lord Kingston but this taking no effect the said Sir Robert King gave orders to discharge her from Serving in the Family any longer which accordingly was done 2. The Deponent further saith That tho' he lived all the time in the same Family with the said Margaret Cahan yet he never heard that the now Lord Kingston design'd to make her his Wife until he heard that she follow'd him into France 3. The Deponent further saith That the now Lord Kingston was much troubled and concern'd when the said Margaret Cahan was discharg'd out of the Family Will. ✚ Teams The above Depositions were voluntarily Sworn and Signed before us this Seventh of Decemb. 1698. Ant. Cope N o. XVII The Deposition of John Dingwell JOhn Dingwell came voluntarily before Us and Deposed on the Holy Evangelists Imprimis That the late Lord Kingston's Excess in Company-keeping was a great grief and trouble to Sir Robert his Uncle And this Deponent saith That when those Persons who usually frequented with the said Lord Kingston heard of Sir Robert's coming to Visit or Dine with his Nephew the said Lord Kingston they constantly shun'd the said Sir Robert King and would not be seen by him 2. The Deponent further saith That as soon as Sir Robert King heard that his Nephew the now Lord Kingston and Margaret Cahan were too Great and Familiar he caus'd the said Margaret to be turn'd out of her Service and said that if ever afterwards he heard of her being in Boyle that he would cause her to be severely Punish'd John Dingwell The above Depositions were voluntarily Sworn and Sign'd before Us this 7th of Decemb. 1698. Andrew Blackburn Anthony Cope Gilbert King N o. XVIII The Deposition of Mrs. Mary Choppine THe said Mary Choppine came this day before Me and made Oath That her only Daughter being Married to Sir Robert King she this Deponent was often with them at Boyle and Rockingham and took notice of the great Care and Kindness Sir Robert had for both his Nephews but more particularly for the present Lord Kingston for whom Sir Robert seem'd to have a more tender Affection which this Deponent believes he had till his Brother the late Lord was gone to Travel and that her Son Sir Robert had heard of the present Lord's being too kind and familiar with a Girl called Peggy Cahan an under Servant in his Brother's House This Deponent further Deposeth That on Sir Robert's hearing of it he as this Deponent was credibly inform'd sent to Mrs. Horsey the House-keeper who was a Kinswoman of the present Lord's by the Mothers side to have the said Girl turn'd out of her Service but the present Lord procur'd her stay as this Deponent verily believes and has heard from those his Lordship employed about it This Deponent further deposeth That she did not at that time hear nor did she in the least think or believe that the present Lord had any design of making Margaret Cahan or any such Person his Wife And this Deponent further deposeth That when the late Lord Kingston heard that the said Margaret Cahan was with his Brother in France he was so much offended that he resolved to disinherit him and settle the Estate on his Uncle Sir
prevent the bad consequences of his Brothers Imprudent and Dishonourable fondness of this Girl to promise a considerable Sum of Money as a Portion with her to a Servant in the House with whom she was very intimate to induce him to Marry her * See also William Team 's Affid Append. No. 16. The Truth of which last Clause is particularly confirm'd by the said Mr. Gosling's Deposition in these words That Sir Robert King being Guardian to the present Lord and having a tender care of him to prevent any occasion of Lewdness or Debauchery between him and Margaret Cahan a Servant in the House at Abby-Boyle did endeavour to get one William Teams then Under-Cook in the House to Marry her offering him as Portion Thirty Pounds Sterling or thereabouts to the best of this Deponents remembrance And accordingly the Servant having so great a Portion promised with her very thankfully accepted the Proposal not doubting the Success of his Wooing but the Girl having far greater things in her Eye could not by any Means be prevail'd on to accept of him for her Husband About this time or soon after that Laced Petticoat which the Libeller mentions was brought to Sir Robert King's House at Rockingham being directed to Capt. King by which Name both the present Lord and Sir Robert were then commonly call'd and Sir Robert perceiving the Mistake sent it to Boyle to the present Lord Kingston but was so far from saying as the Libeller very groundlesly alledges that he knew it to be a Present from his Nephew to his present Lady that he Solemnly declares he did not in the least imagin it to be design'd for her but on the contrary Sr. Robert told Mr. Gosling that he believ'd it was a present from his Nephew to Mrs. Gosling But soon after this Margaret Cahan quitted her Service in the Family and Sir Robert with great Joy receiv'd and believ'd the News of her being gone to live with her Friends in another part of the Kingdom which as appear'd afterwards was given out on purpose by this present Lord Kingston's orders to amuse his Brother and his Uncle and prevent their Suspicions of her then going with him as the Libeller says she did or of her speedy following him to France For after the late Lord's return from his Travels Sir Robert King being desirous that his Brother also shou'd have the Advantage of Travelling being then of Years capable of it requested the late Lord Kingston who was then come to Age and had taken on him the Guardianship of his Brother to permit him to go abroad and notwithstanding what is suggested by the Libeller to the contrary it was not without great Difficulty and after about a Years Importunity that his Lorship consented to it and accordingly he sent his Brother to France under the Tuition of Captain Pach But soon after their Arrival at Paris the late Lord Kingston and Sir Robert King to their great Trouble and Surprize received an account from the Captain that Margaret Cahan was not only come to Paris to the present Lord but also that the former Familiarities between 'em which in Ireland had been happily interrupted were there more dangerously renewed than ever upon which the late Lord Kingston was so highly incensed against his Brother that then he first form'd his Design of Disinheriting him and of making Sir Robert King his Heir and accordingly the late Lord often sent to Sir Robert to accept of the Reversion of his Estate and to permit a Settlement of it to be made on him and his Heirs but Sir Robert was so far from complying with the late Lord Kingston's Desires or from taking any Advantage of the Displeasure the late Lord had conceiv'd against his Brother that he earnestly entreated and at length prevail'd with his Lordship to send Doctor Quail with all speed to France to prevent if possible the great Mischief the present Lord might bring upon himself and the Dishonour he might do his Family by his indiscreet Fondness of Margaret Cahan and accordingly the Doctor was dispatch'd away with Letters and Advices from them both to this present Lord then in Paris to signifie their Resentments and to disswade his Lordship from the Thoughts of the present Lady Kingston and accordingly the Doctor went with Letters and Proposals of a considerable Advantage for the present Lord Kingston and with great Promises if he the present Lord Kingston obeyed and Threatnings of being disinherited if his Lordship would not be advis'd All which the Doctor deliver'd to the present Lord Kingston whose Answer was to this Effect viz. That he the said present Lord Kingston had heard of the Doctor 's Coming and his Business and that his Lordship was very sorry he had incurr'd his Brother's and Unkle's Displeasure and to avoid it his Lordship had sent her meaning the present Lady Kingston away and did assure the Doctor with great and solemn Asseverations that his Lordship would not concern himself with her any more yet notwithstanding all these solemn Professions and Asseverations the Doctor was not only credibly inform'd of the Woman's being still in Paris but within a while he found out her Lodging and surpriz'd her in it and at his next meeting with the present Lord not only acquainted him with the Discovery he had made but also assur'd him of the fatal consequences of so Dishonourable an Amour at which the present Lord seem'd extreamly concern'd and withall told the Doctor that his Passion for her was so great that he cou'd not allay it Soon after this the Doctor having brought his Business to so unhappy an Issue return'd to Ireland and gave the late Lord Kingston an account of the whole Affair * Vide Dr. Quail 's Deposition in the Append. No. 5. And now since by the fore-mention'd Particulars it do's appear that Sir Robert King on the first intimation given him of a more than ordinary Familiarity between the present Lord Kingston and an Irish Servant Maid in his Brother's House gave immediate Orders to have her turn'd out of the Family and when afterwards he permitted her to be received in again did it purely out of regard to the present Lord's Reputation and in compliance with the Importunities of those whom his Lordship had imploy'd to intercede in her behalf and on the Promise the House-keeper who was his own Relation made to prevent all dangerous Familiarity between them for the future and since it does also appear that on the second intimation of the Renewal of their Amours Sir Robert endeavour'd to persuade a Servant in the House on Promise of a considerable Portion to Marry her And further that on Intelligence given by Capt. Pach of her being with the Present Lord in Paris he prevail'd with the late Lord Kingston to send Doctor Quail on purpose to France to persuade the present Lord to return to Ireland with assurance of having a considerable part of the late Lord's Estate settled on him at
he was actually Married and doth verily believe in his Conscience that the Defendant was extreamly Troubled and Dissatisfied that the Plaintiff had Married so far beneath himself and that it was done without the Defendant's Consent Knowledge Privity or Approbation Char. Gosling Cognosco Deponentem John Pape Capt. Jurat cor me apud Civitat Killkenniae 12 die Augusti Anno. Dom. 1697. John Pape Com r. for Killkenny N o. V. Doctor Quail's Affidavit 1. FRancis Quail Doctor in Divinity came this day before Me and made Oath that in the Year of our Lord 1675 he became Tutor to the Right Honourable Robert late Lord Kingston and continued as such until the Death of John Lord Kingston Father of the said Lord Robert and after the Death of the said John Lord Kingston the Tuition of the Right Honourable John present Lord Kingston was for some time committed to this Deponent by Sir Robert King Baronet then Guardian and Uncle to the said late Lord Robert and present Lord John and this Deponent by means thereof hath been very conversant in that Honourable Family and observ'd in the said Sir Robert King a great Care and Affection for the said late Lord Robert and present Lord John And this Deponent further deposeth That he never observed suspected or discover'd any thing in the said Sir Robert King's management during the time he the said Sir Robert continued Guardian to the said late Lord Robert or present Lord John but what was Just Honest and Honourable and this Deponent always Believ'd the said Sir Robert to be sincere and real in promoting the said late Lord Robert and present Lord John's Interest and Advantage on all occasions not only in their Persons but in their Educations Fortunes and Estates 2. This Deponent further Deposeth That he never did enter into any Combination or Confederacy with Charles Gosling Deceas'd the Reverend Anthony Cope Dean of Elphin Anthony Raymond Capt. Thomas Caulfield or any of them or any other Person or Persons whatsoever with intent or design to defeat or deprive the said late Lord Robert or present Lord John of their or either of their Estates or Fortunes or any part thereof and this Deponent doth not believe there was any Combination or Confederacy between the aforesaid Persons or any of them to any such intent or with any such design 3. This Deponent further deposeth That the said Sir Robert King did himself from time to time instruct the said late Lord Robert in the knowledge of the Mathematicks and was very solicitous and careful in the said late Lord Robert's other Education and Learning 4. This Deponent further deposeth That the said Sir Robert King being solicited by some Friends to permit the present Lord John to accompany the said late Lord Robert in his Travels the said Sir Robert refus'd to consent thereto saying It was not fit to expose both the said late Lord Robert and present Lord John together to the hazards of the Seas and foreign Countries 5. This Deponent further deposeth That to the best of his remembrance the said Sir Robert King never did desire him this Deponent to move the said late Lord Robert to a Settlement of his Estate in Exclusion of the present Lord John but on the contrary this Deponent saith That he the said Sir Robert shewed a great unwillingness to such a Settlement when Proposed to him and the said Sir Robert King sent this Deponent to the said late Lord Robert to signifie his the said Sir Robert's dislike of it and to disswade him the said Lord Robert from making thereof which Message this Deponent deliver'd to the said late Lord Robert to the best of this Deponents remembrance in a little Parlor at Boyle at which the said Lord Robert seem'd to be moved and said He would proceed in it or words to that effect and that Peggy Cahan 's Issue should never enjoy his Estate 6. This Deponent further deposeth That he always observ d a Backwardness in the said Sir Robert King touching such a Settlement in Exclusion of the present Lord John and this deponent doth verily Believe the said Sir Robert never did either by himself or any other Person or Persons whatsoever perswade or solicit the said late Lord Robert to make such a Settlement but on the contrary this Deponent believeth such Settlement was made by his the said Lord Robert 's own meer Motion 7. This Deponent further deposeth That an Account came from Mr. Pach then at Paris that the present Lady Kingston formerly a Servant in the Family and her Cousin or Companion were both with the present Lord Kingston then in Paris and that he the said Mr. Pach fear'd the consequence upon which this Deponent was immediately sent by the late Lord Robert and Sir Robert King to the present Lord Kingston to signifie their Resentments and to disswade his Lordship from the thoughts of the present Lady Kingston and accordingly this Deponent went with Letters and Proposals to the best of his Remembrance of a Considerable Advantage for the said present Lord Kingston and with great Promises if he the said present Lord Kingston obeyed and Threatnings of being Disinherited if his Lordship would not be advised all which this Deponent deliver'd to the said present Lord Kingston whose Answer was to this effect viz. That he the said present Lord Kingston had heard of this Deponent's coming and his Business and that his Lordship was very sorry he had incurr'd his Brother's and Uncle's displeasure and to avoid it his Lordship had sent the Women meaning the present Lady Kingston and her said Cousin away and did assure this deponent with great and solemn Asseverations that his Lordship would not concern himself with them any more notwithstanding which the said Mr. Pach and this Deponent sometime afterwards discover'd that the present Lady Kingston and her said Cousin continued in Paris and the said present Lord Kingston privately resorted to them upon which this Deponent and the said Mr. Pach discover'd their Lodgings and dispers'd them and this Deponent thereupon at his next Meeting with the said present Lord Kingston taxed his Lordship with the unsincerity of his Professions concerning the present Lady Kingston on which his Lordship seem'd to be much provok'd and declar'd That his Passion was so great that he could not allay it and drew a great part of his Sword out of the Scabbard but this Deponent then telling his Lordship it was dangerous to draw a Sword there being the Garden of the Palace Royal his Lordship put it up again This Deponent further deposeth That meeting with the said Sir Robert King in Dublin at his Return from Paris this Deponent gave the said Sir Robert an account of the aforesaid Transactions upon which the said Sir Robert seem'd to be and this Deponent verily believes he was much discomposed and dissatisfied 8. This Deponent further deposeth That the said Sir Robert King understanding that the said late Lord Robert while
upon him the said Sir Robert King and is morally assur'd he never did desire any one else to stir in it But on the contrary this Deponent hath often heard that the said Sir Robert King delayed perfecting or suffering to perfect such a Settlement by the late Lord Kingston even to the Incensing the said Lord Kingston and that he was so scrupulous that he would not consent that such a Settlement should be made until he had consulted the best Divines in England And this Deponent further deposeth that he heard from a credible Person That the said Sir Robert being ask'd by the late Lord if he was yet resolv'd to consent to the making such a Settlement answer'd That tho' he was satisfied it was lawful for him to accept of the Estate yet he had another scruple whether it was lawful for the said Lord to give it at which the late Lord Kingston flew into a Passion and said he would settle it upon Sir Robert's Eldest Son if Sir Robert would prove so shy and slow in his Result And this Deponent further deposeth That he never open'd his Mouth nor did he ever mention the least Syllable to the late Lord Kingston relating to the Disinheriting his Brother the present Lord Kingston or making over the Estate on Sir Robert King or his Heirs And this Deponent further deposeth That the said Sir Robert King gave Directions that the present Lady Kingston being then one of the Servant-Maids in the late Lord Kingston's House should be discharg'd having heard that there was too much Familiarity between her and the present Lord Kingston whereupon the now Lord Kingston spoke to this Deponent on the top of the Warren near the Town of Abby-Boyle to intercede with his Uncle Sir Robert King for her Continuance in her Service urging that the only way to prove the Report of her being with Child to be false was to let her stay and that would disprove it but if she were sent away the People here would conclude it true This Deponent further deposeth That after this Discourse with the present Lord Kingston he this Deponent walk'd after the said Sir Robert King towards Ballindrehit and press'd him to grant what the said Lord Kingston desired and after some pawsing the said Sir Robert agreed to it provided he this Deponent would go to Mrs. Horsey the House-keeper and desire her earnestly to have a care that for the future they were not too great and if any thing happen'd amiss it should lie at her door all which this Deponent told the said Mrs. Horsey Jurat coram me 28 die Julii An. Dom. 1698. John French N o. IV. The Right Honourable John Lord Baron of Kingston Plaintiff Sir Robert King Defendant Charles Gosling Esq his Oath CHarles Gosling of the City of Killkenny Esq came this day before Me and made Oath That for several Years before the late Troubles he having been in the Service of Robert late Lord Baron of Kingston the Plaintiff's Brother at Abby-Boyle in the County of Roscommon and he this Deponent having observ'd before the Plaintiff went to France a more than ordinary Familiarity between the Plaintiff being then a younger Brother and living in the House and one Margaret Cahan then a Servant in the House who usually made the Beds he this Deponent acquainted Sir Robert King the Defendant then the Plaintiff's Guardian therewith the said Robert Lord Kingston being then abroad in his Travels and that Sir Robert King the Defendant thereupon order'd one Mrs. Horsey the then House-keeper and a Relation of the Family to turn her out of the House who accordingly did so and she was for some time out of that Service until by the Plaintiff's means she was brought in again by the said House-keeper without the Consent or Privity of the Defendant as this Deponent verily believes for that he heard the Defendant severely reprimand and check the said Mrs. Horsey the House-keeper for so doing tho' this Deponent did not then think neither doth he believe it entred into the Defendant's Thoughts that his Nephew the Plaintiff would so much debase himself and his Family as to contract Marriage with her This Deponent further deposeth That the Defendant being then Guardian to the Plaintiff and having a tender Care of him to prevent any occasion of Leudness or Debauchery between him and the said Margaret did endeavour to get one William Teams then an Under-Cook in the House to Marry her offering him as a Portion with her the Summ of Thirty Pounds sterl or thereabouts to the best of this Deponent's Remembrance which he doth in his Conscience believe was merely out of the Kindness and the tender Affection he had to the Plaintiff This Deponent further deposeth That the Plaintiff soon after went for France and took the said Margaret Cahan with him without the Consent Privity or Knowledge as this Deponent verily believes either of his Brother the said Robert then Lord Kingston or of his Uncle the Defendant until afterwards that Notice was sent over from Paris in France by one Captain Samuel Pach the Plaintiff's then Tutor or Governour giving an account that the said Margaret Cahan was in Paris kept and maintained by the Plaintiff upon which such Care was taken that one Doctor Quail a Divine who had formerly Travell'd into France with the said Robert late Lord Kingston was sent over to Paris either to bring the Plaintiff back or remove the said Margaret from him but the Plaintiff having Notice thereof as this Deponent was credibly inform'd remov'd with the said Margaret from Paris and then Married her the said Margaret as was credibly reported This Deponent further deposeth That when the News came of the Plaintiff's being Married to the said Margaret the said Robert late Lord Kingston his Brother was so much troubled at it and so enraged against him that he soon after resolv'd to levy a Fine and suffer a Recovery of his Estate both in Connaught and Munster and told his Uncle the Defendant of his Resolution and that he would settle the same upon him and his Children and the Defendant thereupon advis'd him to the contrary telling him that tho' his Brother had Married so far beneath himself and his Family yet she might make a good Wife or words to that effect upon which the said Robert late Lord Kingston solemnly Protested and Swore That in Case the Defendant Sir Robert King would not accept of the Settlement he would settle the Estate on his Cousin Captain Francis King and his Children which this Deponent often heard the said late Lord Kingston declare and this Deponent does verily believe that he would so have done in case the said Sir Robert had not accepted of the same This Deponent further deposeth That after the Plaintiff was Married as aforesaid he often heard the Defendant very pressing with Robert late Lord Kingston the Plaintiff's Brother to Marry that he might have Issue to Inherit his Estate and never gave over till