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
her to him However Sir Robert do's acknowledge that though the present Lord Kingston's Matching into so Worthy a Family and with a Lady so excellently accomplish'd and of so considerable a Fortune was a thing that wou'd have been very acceptable to him yet if there had been such a design the consideration of the great disparity of their Years and the reflections that might justly be past on him on that occasion wou'd have made him unwilling to promote so unequal a Marriage for that Lady who was judg'd no unfit Match for the Father and was to have been Marry'd to him if his unexpected Death had not interven'd cou'd not reasonably be thought a proper Wife for the Son who was then but 17 Years of Age and therefore Sir Robert on notice giv'n him of that Report how groundlesly soever rais'd thought it Prudent to remove the present Lord Kingston from Charleville to Abby-Boyle where he remain'd till he was entered into the College at Dublin from whence he was indeed much too soon remov'd not as is suggested in order to the giving him opportunity to Prosecute his dishonourable Amour but in compliance with his earnest desires of going into the Country for the recovery of his Health and to prevent any loss of his time there Sir Robert laid out for a Tutor for him in the House and consulted the present Lord Bishop of Waterford who had been Tutor to him and his Brother in the College in the choice of one who recommended Mr. Lightburn to that Office under whose Tuition he continued at Abby-Boyle near Sir Robert's House plentifully accommodated with all conveniencies without any Charge to him The Author of the Materials is pleased to discover some Secret mis-spendings of my Lord's time with his Tutor by playing at Cards and keeping Idle Company on purpose to cast a Reproach on his Unkle Yet as those that knew Mr. Lightburn will be apt to judge that he was not so blameable as he is represented so every Considering man knows that this Suggestion tho' true can be no just Reflection on Sir Robert's care of his Nephew for no Guardian is accountable for the secret irregularities of his Ward they being of such a Nature that no care can prevent 'em no Guardian but a Guardian Angel can always discover them and no Advices nor Example without the Grace of God can effectually restrain them To what is objected by the Libeller concerning the present Lord Kingston's losing Captain Holcroft's Estate of 400 l. per annum by Sir Robert King's neglecting to expend 300 l. for securing it when he and Raymond had 1500 l. of the present Lord's Money in their hands and Captain Choppine 's buying that Estate by Sir Robert 's advice Sir Robert returns this Answer That he was so far from advising Cap. Choppine to Purchase Holcroft's Estate that he never knew of his having any designs that way till he understood by Councel that the present Lord's Title to that Estate was Null and tho' Holcroft's Estate might perhaps have been sometimes worth 400 l. per an yet before Choppine had any dealings with him * See Tho. Yeeden 's Affidavit Appendix No. 19. he had sold all but 80 l. per an which is the whole that Choppine ever Purchas'd from him And further Sir Robert does declare That neither he nor Raymond as he verily believes had ever so much as four hundred Pounds much less 1500 l. at one time of the present Lord's Money in their hands The charge of his Education and the Law-Suits by which his Estate was so considerably improv'd together with his own Expences which were very large usually Exhausting the greatest part of the Yearly Income of his Estate as is plain by Raymond's Accounts * See also Appendix No. 21. An Account stated by the present Lord Kingston And further says That before the Deeds relating to Holcroft's Estate were question'd Sir Robert had giv'n up his Guardianship of the present Lord and transfer'd it to his Brother and never afterwards Intermedled with his Estate As to the only remaining objection relating to Sir Robert's Guardianship of the late and present Lord Kingston which in the Libellers Phrase is Sir Robert's shifting off the Guardianship of the present Lord to avoid giving an Account of his Trust which he had broken in several particulars and placing it upon the late Lord Robert who was then but just Twenty one Years of Age. The Answer in the behalf of Sir Robert is That as the Resignation of his Guardianship and delivering it to the late Lord Kingston did not in the least exempt him from being Accountable to the present Ld for the former discharge of his Trust so Sir Robert having neither made nor design'd the least advantage to himself by the management of his Nephews Estate he had no reason to fear the strictest Examination of his Accounts but he must acknowledge that the successfulness of his care in the Education of the present Lord made him willing to embrace so fit an opportunity of being quit of his Trouble and he does declare that as the sole design of his taking on him the Guardianship of this present Lord was the promoting of his good so the end of resigning it was the preventing of his Ruin for being advis'd that the Deeds relating to the present Lord's Estate were defective and that the Title to them might probably be vested in the late Lord Kingston as Heir at law he was fully perswaded that the best Measure he cou'd take for the Security of the present Lord's Fortune was to place him under the care and Tuition of his Brother being confident that tho' the present Lord's misbehaviour might abate the late Lords affections to him yet it cou'd not the Sence of his own Honour and that he never wou'd have depriv'd his Ward of that which perhaps he wou'd not have yielded to his Brother but wou'd rather have quitted his legal Title to that Estate than have done any thing misbecoming the Character of a Guardian And now after all the fore-mention'd signal instances of Sir Robert King's care of the present Lord Kingston's Person Education and Fortune let every indifferent person Judge what ground the Libeller had for casting that Scandalous Reflection on Sir Robert King in saying That for the space of five Years that this Lord Kingston remain'd at Boyle under Sir Robert 's Eye and under Mr. Lightburn 's Care he never made Enquiry after his Studies or any thing that tended to his good I Proceed to the Second Part of the Libellers Materials for a Bill against Sir Robert King c. relating to the Circumstances of the Present Lord Kingston 's Marriage with his Lady The Author of these Materials being sensible of the many considerable disadvantages the present Lord Kingston may lie under on account of his having Married an Irish Woman a Papist and one of the meanest of the Servants in his Brothers House is pleas'd according to the
forementioned instances of his Sincerity to lay the whole blame of so disgraceful a Misfortune on Sir Robert King's connivance at it and secret contrivance and encouragement of it which he do's in these following words viz. That presently after Capt. Pach receiv'd the present Lord into his care he discover'd his Lordships affection to the Lady he was afterwards Married to and acquainted Sir Robert King with it and press'd him to send the present Lord immediately to France or to remove her out of the Family to prevent his Marriage or any other consequences that might attend such affection which Sir Robert wholly slighted That Sir Robert cou'd not deny his knowledge of the present Lord's affection to the Gentlewoman he afterwards Marry'd for his Lordship having bought her a fine Scarlet Petticoat with a large Gold and Silver Lace to it which was carried by Mistake to Sir Robert 's house Sir Robert having view'd it said he knew it was his Nephews Present to his Mistress meaning the now Lady Kingston and ordered it to be sent to Boyle to the present Lord without taking any further notice That after the late Lord Robert return'd from France to Ireland Capt. Pach continued to caution the said Sir Robert and the said Lord Robert who was then his Brother's Guardian to prevent the growing Affection of the present Lord to the said Gentlewoman yet notwithstanding this Caution from Capt. Pach and others they suffer'd the present Lord and his Lady to live under the same Roof for above Two Years and an half Capt. Pach still pressing to let him go with his Pupil for France but was deny'd it That when the late Lord sent this present Lord for France Sir Robert knew that this Gentlewoman went with him That notwithstanding the continual Information Sir Robert had out of France from Captain Pach and others of the Intrigues between the present Lord and the Lady he Married yet Sir Robert in his Letter to Raymond seems to charge the Fault on his Nephew whereas he might have easily prevented the same had he not been wanting in his Duty as Guardian and neglected it out of Design Now seeing the Libeller thinks fit so freely and Publickly to own the present Lord Kingston's Misfortune in Marrying a Person very much below him the following Answer may without breach of the Rules of Civility be return'd to this Unjust and Groundless Charge Sometime after the late Lord Kingston began his Travels observations were made and Discourses rais'd of a more than ordinary and suspicious familiarity between the present Lord Kingston and an Irish Papist a Servant in the House at Abby-Boyle which as soon as Sir Robert was acquainted with tho' he was not in the least mistrustful of his Nephews being so mean spirited as to design to Marry her yet being Jealous of his Intentions to Debauch her he not only exprest a Resentment suitable to the Character of a good Man but also took such Measures in that Affair as became the Prudence of a careful Guardian by giving order to Mrs. Horsey the House-keeper a Relation to the present Lord immediately to turn the Girl out of the Family upon which the present Lord Kingston went to Mrs. Elenor Sankey one that Sir Robert had a more than ordinary respect for as being a near Relation to his Lady and then in his House at Boyle and as she has deposed upon Oath * told her with his Eyes full of Vid. Appen Mad. Sankey 's Depos No. 2. Tears that he had a Complaint to make to her which he express'd after this manner There is a poor innocent Girl in the Castle which was an Underling and I saw her a quiet Creature and I desir'd Mrs. Horsey to advance her to be my Chamber-Maid and she did so and immediately Mr. Gosling and some others said she and I were too great but I know the Reason why they are so Malitious She is Honest and wou'd not yield to them in any ill thing and they like unjust People have told my Unkle and he is so incensed against her that he has fully resolved to turn her away and has warn'd her to be gone I know you have great Interest with him and I beg of you to use it now that she may stay And that he and all the World may see my Innocency I will receive the Sacrament to Morrow on it I wou'd not for any thing have the Girl turn'd off and lose her Reputation by me Pray therefore intercede for her to my Unkle Mrs. Sankey does further Depose That on this so earnest an entreaty of the present Lord Kingston she did to the best of her Remembrance speak to Sir Robert King in the Girls behalf but found him so angry and so resolv'd to turn her off that she wou'd not venture to say much to him But his Lordship being very intent on keeping that Irish Girl in the Family and mistrusting Mrs. Sankey's Intercession not to be so prevailing with his Unkle in this affair as that of Dean Cope the Minister of the Parish he immediately made application to him who has Deposed * Vid. Dean Cope 's Affid in the Appendix No. 3. That Sir Robert King having discharged that Person who is now Lady Kingston of her Service in the Family hearing there was too great a familiarity between her and the present Lord his Lordship spoke to him to Intercede with Sir Robert for her continuance in her Service urging that the only way to prove the Report of her being with Child to be a Lye was to let her stay in the Family and that wou'd disprove it but if she was sent away the People at Boyle would conclude it true Upon which the Dean went as he declares to Sir Robert and press'd him to grant what the now Lord desir'd and after some serious consideration Sir Robert was pleas'd out of a tender regard to the present Lord's Reputation and on the House-keepers promise of a greater Watchfulness and undertaking to prevent any such future Familiarities to permit that Girl to continue in her Service And it further appears by the Deposition of Charles Gosling Esq * Vide Appendix Charles Gosling 's Affid No. 4 that Sir Robert King was so far from conniving at the more than ordinary Intimacy between the present Lord and Margaret Cahan the present Lady Kingston that on Mr. Gosling 's acquainting Sir Robert with it he immediately order'd the House-keeper to turn her out of the Family who accordingly did so and that it was by this Lords Means She was taken in again And from that time the Intrigues between the present Lord Kingston and her that is now his Lady were either so long interrupted or so secretly Manag'd that Sir Robert King heard nothing of their renewal till after the late Lord Kingston's return from his Travels and being then acquainted that the former intimacies between them were renew'd Sir Robert prevail'd with the late Lord Kingston in order to
to Wheedle him into a Consent of his Brother's making a new Settlement and to the laying aside the old Intails as the Libeller calls them in Munster and Connaught wherein the present Lord had Remainders immediately after the Death of his Elder Brother If Sir Robert King I say had had any such fraudulent and circumventing Design he would not surely have sent the Instrument inclos'd in a Letter into England to the present Lord's Grand-Mother the Lady Wimbaldon in order to be shew'd to and sign'd by her Grand-Son And as the Libeller does freely own that this Paper was shew'd to the present Lord Kingston by his Grand-Mother so he does not so much as pretend that her Ladyship or any other of his English Relations or Friends did either reflect on Sir Robert King for sending it or thought it improper for his Lordship to Sign it For tho' he tells us that his Uncle Sir Thomas Bernardiston Fee'd a Lawyer who was of Opinion that it was dangerous for the present Lord to Sign it whether he was Married or no yet Sir Robert King having never heard of any such Advice being given his Lordship nor ever receiv'd any such Intimation from the Lady Wimbaldon in her Answer to his Letter has reason to believe it to be an Excuse purposely fram'd by the Libeller in order to conceal the true Reasons of the present Lord Kingston's Refusal to Sign the said Instrument It has indeed been sometimes the Fate of some of the Nobility both in England and Ireland by reason of the Smalness of their Estates and for the Support of their Honour to Marry into Families much inferior to their own but then the Largeness of their Ladies Fortunes had made some Compensation for the Meanness of their Descent and the Protestants of Quality even in Ireland have had so due a Regard to the English Extraction and so warm a Zeal for the Protestant Religion that few can be found that have contracted Marriages with any Irish Papists tho' of the greatest Families and Estates but no single instance I believe can be given of any Protestant Gentleman of Noble Blood and of English Descent except the present Lord Kingston who with great Deliberation and against the repeated Advices and earnest Endeavours of all his Friends and Relations for several Years together Married an ordinary Servant Maid and an Irish Papist And the late Lord Kingston was the more sensibly affected with this Calamity and more provok'd with his Brother's Disgracing himself by that ignoble Marriage because the Woman he had made Choice of for his Wife was not only a Papist by Profession and of mean Irish Parentage and in a low Station amongst the Servants of his own Family but was also one who had neither Charms of Beauty nor gentile Behaviour nor Agreableness of Conversation to engage his Affections for tho' it may reasonably be hoped that the present Lady Kingston is a well accomplish'd Lady as having for these several Years past had all the Advantages that the Court of St. Germains could afford for Improving her to a Degree answerable to her present Quality yet certainly all those that knew Margaret Cahan when she liv'd a Servant-Maid in the late Lord Kingston's House at Abby-Boyle must acknowledge that she was then very far from having any Accomplishments either of Body or Mind to recommend her as a Wife to any Gentleman And therefore tho' the present Lord was so far carried away with an unaccountable Passion as to Marry a despicable and homely Woman as she then was yet it might reasonably have been expected that one who had been counted Wise shou'd have demean'd himself towards his offended Brother and the rest of his Relations with so much Modesty and Respect as might have testify'd a deep Concern not only for his own Misfortune but also for the Dishonour he had done his Family But on the contrary he was so far from taking such prudent Measures as might possibly at last have recommended him to his Brother's Favour that immediately after the late King Jame's Accession to the Throne he did not only publickly expose his Brother's Honour and his Uncle's Justice in a high reflecting Petition which he preferr'd to the King and in his Address to the House of Lords in England but did also within a while after to the unspeakable Grief of the late Lord and all his Relations openly Renounce the Protestant Religion and declar'd himself a Papist and merited so highly of the Popish Party and became so speedily famous for his bigotted Zeal that he was advanc'd to the Dignity of being one of the Gentlemen of the Privy-Chamber to the late King James All which disobliging scandalous and dishonourable Actions of the present Lord immoveably fix'd and confirm'd the late Lord Kingston in the former Resolutions he had taken of Disinheriting him and Settling his Estate upon his Uncle and the Heirs Males of his Body Now because the Odium of the late Lord Kingston's Displeasure against his Brother is by the Libeller wholly cast on Sir Robert King and the Disherison of the present Lord is suppos'd by him tho' without the least shew of Proof to have been first fram'd at Sir Robert's Instigation and brought about by his Contrivance I shall in order to a full Vindication of Sir Robert's Innocency in this whole Affair produce the Testimony of such Gentlemen as by their personal Knowledge of all Matters relating to the late Lord Kingston's Settlement of his Estate are most fitly qualify'd to give their Evidence and by their establisht Reputation for Integrity are the most Credible Witnesses in what they do attest The first Person that I shall mention is the Reverend Doctor Francis Quail who not only attended the late Lord Kingston in the Capacity of a Tutor for about a Year before his Father's Death but continued in that Station for many Years after and accompanied him in his Travels into France and had also the present Lord Kingston committed to his Care for some time by Sir Robert King Uncle and Guardian to them both The said Doctor Quail does declare and has depos'd upon Oath * Vide Dr. Quail 's Affidavit in the Append. No. 10. That he always observ'd in Sir Robert King a great Care of and Affection for the late Lord Robert and present Lord John And that the said Sir Robert at the time of sending the late Lord Kingston abroad being press'd by some Friends to permit the present Lord to accompany his Brother in his Travels refused to consent thereto saying It was not fit to expose them both together to the Hazard of the Seas and Foreign Parts And does further declare That he always observ'd a Backwardness in Sir Robert King touching such a Settlement in Exclusion of the present Lord and he verily believes the said Sir Robert never did either by himself or any other Person or Persons whatsoever persuade or solicit the said late Lord to make such a Settlement and that
to be a Purchaser so it cannot reasonably be imagin'd that Captain Choppine who bequeath'd Sir Robert King nothing at the time of his Death would have made so great a Purchace for him in his Life time And it 's hardly worth mentioning what is objected concerning Sir Robert King's Buildings at Rockingham viz. That they were so Sumptuous as to bear no Proportion to his Estate and therefore that it may be well inferr'd That Sir Robert had Designs all along on Boyle and Michelstown For supposing we should grant what the Libeller suggests concerning the Greatness of Sir Robert's House which none that have seen it will allow yet the Inference he draws from thence is altogether groundless and unreasonable For tho' Mens Building beyond their Fortune has been frequently esteem'd an Argument of their Imprudence yet scarcely ever of their Covetousness it being often known that many have Built themselves out of their own Estates but seldom or never into those of other Men. And as Sir Robert King gave many signal Proofs of his Affection to the late Lord Kingston's Person so also he plainly demonstrated his sincere desire that his Estate should descend to his Issue For even after the perfection of that Settlement by which Sir Robert and his Sons were Nam'd next in Remainder to the late Lord Kingston and his Issue Sir Robert was so far from being tempted by the prospect of Advantage to use any Artifice o divert his Lordship from the thoughts of Marriage that the very consideration of his kindness in that Settlement did move Sir Robert to be more than ordinary Solicitous to provide his Lordship a good Wife and accordingly by the Advice and with the Assistance of the late Lord Arch-Bishop of Canterbury Dr. Tillotson he endeavoured to procure for him the Lord Hatton's Daughter who was his only Child and had 10000 l. for her Portion besides the expectation of her Father's Estate but tho' the Lord Hatton himself gave some Encouragement to the Lord Kingston's Courting his Daughter yet the young Lady's Relations by her Mother's side being unwilling she should leave England the Match was broke off Some time after this Sir Robert King advis'd the late Lord Kingston to make his Addresses to the Lady Elizabeth Cromwell of the Kingdom of Ireland and with his Lordship's Approbation had several Treaties with the young Ladies Relations and had such Encouragement given him to continue his Solicitations of this Match that it was once thought to be very near a Conclusion when on a sudden the young Lady chang'd her Mind and to Sir Robert's great surprize and concern all his endeavours to carry on that Design prov'd ineffectual And not long after this there being a Proposal made for the late Lord Kingston's Courting of Mr. Harbord's Daughter Sir Robert King did not only give his free Consent to his Lordships making his Addresses to that Lady but did also heartily Negotiate that Affair and at length brought it to a happy Issue And lastly to shew the groundlessness of the Libeller's Suggestion that Sir Robert King on the late Lord Kingston 's Marriage gave directions for the making a new Settlement of that Lord's Estate plying him with Company at the Tavern for Eight days together and Incensing him all the while against his Brother till that Settlement was perfected and Sir Robert had got himself and his Children nam'd next in Remainder after the late Lord and his Issue excluding his Brother I shall produce Mr. Raymond's Testimony on Oath * Vid. Append Mr. Raymond 's Deposition No. 15. who declares that Sir Robert King being inform'd that the late Lord Kingston had commanded Mr. Raymond to provide a new Deed of Settlement to be Drawn in order to his Marriage sent him to acquaint his Lordship that by the former Deed of Settlement he had made his Estate was for want of Issue of his own Body to go to Sir Robert King and his Sons but that by a Proviso in that Settlement there was a Power reserv'd to his Lordship some Months before and after his Marriage to Revoke that Deed and make such a Settlement of his Estate as he should think fit and therefore desir'd his Lordship seriously to consider with himself and also to consult some eminent Divines in the City of London whether he was not oblig'd in Conscience to Settle his Estate on his Brother when it was in his Power because if there were a new Deed and Settlement made upon his Marriage with the like Uses and Limitations as in the former it would not be in his Power to revoke it This Message Mr. Raymond Swears he faithfully deliver'd from Sir Robert King to the late Lord Kingston who commanded him to acquaint his Uncle that he desir'd him not to trouble himself any more in that Matter because he was fully resolv'd to continue the former Settlement as it was or to Settle the Estate on Sir Robert 's Sons if he refus'd it And now I do not doubt but that every judicious and impartial Reader will be fully perswaded that no just Reflection can be made either on the late Lord Kingston's Honor in Settling his Estate on his Uncle or on Sir Robert King's Justice in accepting it for tho' his Lordship was pleased to Exclude his Brother yet 't is very plain that he did it on such weighty Considerations as would undoubtedly prevail with every Protestant Nobleman to Disinherit his only Son And tho' Sir Robert King did permit himself to be Nam'd next in Remainder to the late Lord and his Issue in that Settlement that was Revokable yet he did it not as has been plainly prov'd till the present Lord had not only freely given his Consent to his Uncle's acceptance of the Estate but had also vilely prostituted his own and his Families Honour by his Ignoble Marriage But the grand Reasons that provok'd the late Lord Kingston to Exclude his Brother out of the final and irrevokable Settlement perfected some time before his Marriage were the unworthy Aspersions that he cast on him in his Petition to the late King and in his Address to the House of Lords in England and his open renouncing the Protestant Religion and his avow'd Adherence to the late King James's Interests As touching the last Head of the Libeller's Materials for a Bill of Discovery against Sir Robert King c. which concerns Matter of Title and consists of a Recital of several Deeds of Settlement and other Conveyances Sir Robert thinks it improper for him to make any particular Defence in this Paper all those things being now referr'd by Consent of Parties to the Arbitrement of some of the Reverend Judges and to the Umpirage of his Excellency the Lord Golloway And as I have good reason to hope that their Determination of that Controversie will be in Sir Robert King's favour so I don't question but that by the Answers that have been return'd to the Libeller's most invidious Suggestions Sir Robert's Innocency
at Boyle was likely to fall into company and familiarity of Persons not suitable to his Lordship's Quality he the said Sir Robert us'd his utmost endeavours as this Deponent verily believes to divert his Lordship from such company and the said Sir Robert discountenanc'd them so far that they seldom appear'd when the said Sir Robert came to Visit or Dine with the said Lord Robert 9. This Deponent further deposeth That the said Sir Robert King was very Solicitous Industrious and Active to have the said late Lord Robert well Married and to that purpose he the said Sir Robert proposed several considerable Matches to his Lordship viz. The Lady Elizabeth Chesterfield and Lady Elizabeth Cromwell and in prosecution of a Match with the said Lady Elizabeth Cromwell a considerable Progress was made and was so near a conclusion that this Deponent was inform'd and believes the Wedding Ring was bought 10. This Deponent further deposeth That the said Sir Robert King as this Deponent does verily believe did as much as in him lay endeavour to prevent the dishonourable Amour and unfortunate Marriage of the present Lord with the present Lady Kingston and this Deponent hath been credibly inform'd and believeth the said Sir Robert King proposed a considerable Portion to the present Lady Kingston then a Servant in order to have her Married to another Servant then in the Family on purpose and with design to prevent the present Lord Kingston 's being inveigled and to secure his Lordship from danger Fr. Quail Jurat coram me 16 die Februarii 1698. John Ussher N o. VI. The Case of Mr. John King only Brother of the present Lord Kingston of Ireland Humbly offer'd to His Majesty's most Gracious Consideration THE said Mr. King when very Young fell in Love with a Gentlewoman much about his own Age and after many Hardships and Difficulties suffered on that account Married her at his Age of Eighteen And tho her Virtue and unstain'd Reputation exempted her from all Calumnies yet her being a Native Irish Woman and her wanting a Fortune was suggested by Sir Robert King his Uncle a just Cause of deserving his said Brother's Anger and Displeasure Upon this Foundation the said Uncle built his whole Designs and magnifying every little Circumstance into a Crime and pretending that the Honour of the Family should be irreparably lost in Case any of the said Mr. King's Issue by his said Wife should be suffer'd to Inherit He at last prevail'd with the said Lord Kingston to settle his Estate upon his Dying without Issue upon him and his Heirs in such manner that the said Mr. King and his Heirs should be wholly Excluded from the Possibility of ever Enjoying the said Estate tho' in truth most of it descended from the said Lord Kingston and Mr. King's Mother as Heir at Law to the Family of Fitzgeralds formerly called the White-Knight But the Lord Kingston as Mr. King is inform'd reserv'd to himself a Power of Altering the said Settlement at any time within a Year Now forasmuch as the Honour and Title must descend to Mr. King or his Heirs upon his Brother's Dying without Issue and that if no Estate be left to support the same it may become chargeable to the Crown whose Glory as well as Interest it is to rescue the Nobility from Beggery and Contempt the said Mr. King doth throw himself at His Majesty's Feet for His Royal Protection most Humbly beseeching Him that He would be graciously pleased to send for the said Lord Kingston who is now in Town and to intimate His Royal Pleasure to him of having the Estate so settled as the said Mr. King and his Heirs may not be excluded from Enjoying the same upon the said Lord Kingston's Dying without Issue whereunto as Mr. King verily believes the said Lord Kingston will readily agree being in his own Nature so kind just and generous that he will be glad to have a fair Opportunity of avoiding what the Importunity of the said Uncle in some measure forc'd from him N o. VII Mr. John King's Case humbly Offered to the Consideration of the High Court of Parliament This Case having been some time ago Printed at large it will be sufficient at this time to Re-Print the following Extract out of it AND since Love either finds or makes all People equal the Consideration of the Disparity of her the present Lady Kingston 's Fortune could give no check to his Affection and therefore growing up with his Years after many Hardships and Difficulties suffered by them both on that account it produc'd a Marriage about his Age of Eighteen N o. VIII The Substance of Mr. Raymond 's Letter to Sir Robert King as it is set down in the Materials for a Bill of Discovery against Sir Robert King c. THE next thing I have to acquaint you with is That my Lord did a Day or two before he went out of Town perfect a Deed of Settlement which Captain Choppine prepar'd of which I had no certain Notice until his Lordship was gone c. upon which I waited upon Captain Choppine who shew'd me the Deed which to me is one of the strangest I ever saw and admire at it considering I often heard you say That it was very reasonable my Lord should have power and a power only in himself to alter the Uses as he saw cause for which reason there ought to be such a Clause inserted which is not nor Provision for younger Children I discours'd Captain Choppine who is for posting on a Fine and Recovery for Confirmation of it with all speed and told him that since his Lordship was just on Marrying or Expectation of it it had been better let alone at present Levying the Fine which must render it publick and contract great Charge and talk c. I have written back hence to Captain Choppine and begged him to suspend the Fine until he heard from you he considers but one thing and my Zeal for the same is as great as his but would have it done with other Considerations which I am sure are such as will be satisfactory to you c. for I believe he has not taken your Measures right c. N o. IX The present Lord Kingston 's Letter to Mr. Gosling SIR I Thought that all my Civilities would have obliged you when my Cousin told you I was Married to such a one you would have persudded her that I had a little more Wit than so but she is apt to believe all Ill of me let me damn my self to the Pit of Hell I must never be believed but Bridget and Will 's Words must go before my Oaths Have I strove to serve her with all I have in this World nay I would not have spar'd my Heart's Blood to have done her good and is this my Reward Would that be the Effects of one who was counted Wise to play the Fool to go Marry a Scullian tho' he lov'd her ever so well I may as well
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
present and the rest in Reversion after his Decease without Issue Since Sir Robert King I say has given so many signal Instances of his Care to prevent the present Lord Kingston's Marriage with Margaret Cahan every impartial Reader may not only perceive how groundlessly the Libeller accuses Sir Robert of Conniving at the present Lord's Intrigues with that Irish Servant-Maid and of designing to gain his own Ends by his Nephew 's unfortunate Marriage but will also be fully convinced that the most careful Guardian and the most affectionate Friend cou'd not have used more hearty Endeavours nor taken more prudent Measures to prevent so lasting a Disgrace to a Noble-Man and his Family than Sir Robert King has done And as these many Evidences already produc'd will be abundantly sufficient to every unprejudic'd Man to vindicate Sir Robert King's Reputation in all Circumstances relating to the present Lord Kingston's Marriage so I shall mention one more which if any thing will convince even the Libeller himself of the Falshood of his Suggestions in this Matter For in his Lordship's Address * Vid. The Address in the Append. No. 6. to the late King James presented to Him by his Confessor he was so far from Representing his Uncle as a Conniver at his Courting his present Lady that he complain'd of the many Hardships that he suffered on account of Falling in Love with a Native Irish Woman Nay more in his printed Case that was then offer'd to the Consideration of the High Court of Parliament in England tho' he was pleased to pass very severe and ill-grounded Reflections on Sir Robert King as being Instrumental in altering the Settlement of his Brother's Estate yet he did not in the least accuse him of Promoting his Marriage with his Brother's Servant-Maid And when it was the present Lord Kingston's Interest to Tax his Uncle who had been his Guardian before a Protestant Parliament with Conniving at his growing Affection to a mean Irish Girl and a Papist He had so much Honour as to acknowledge * Vid. The Case in the Appendix No. 7. That both He and his present Lady suffer'd many Difficulties and Hardships on that Account before his Affection to her which he said grew up with his Years could have produc'd a Marriage By which we may perceive that the Libeller has a far greater Zeal for the present Lord Kingston's Service than Knowledge of his Affairs or else he would have taken care that the Materials of his Bill in this Kingdom against Sir Robert King should have been more consistent with his Lordship 's own Representation of his Case to the Parliament of England AND now I proceed to the Third Head of the Materials for the Bill against Sir Robert King and they are these That Sir Robert with his Accomplices prevail'd with the late Lord Kingston by all the Artifices he could invent to Disinherit the present Lord and leave him nothing at all to support the Honour which the Libeller endeavours to prove First by Gosling's Letter to Raymond August 19. 1679. wherein he writes That he was commanded to tell him that the late Lord Robert intended the Term following to cut off the Intail of Michels-town and desir'd him to provide for it but privately From whence it is inferr'd That there was an Intail on Michels-town and a Design to cut it off tho' they were afraid to do it publickly That Sir Robert King commanded Gosling privately to give Raymond notice of it and consequently that Sir Robert projected the Disherison of the present Lord before Marriage or any colourable Provocation given That several considerable Steps were made by the late Lord Kingston and his Lawyers and Capt. Choppine in Trinity-Term 1682. to levy Fines and Recoveries of the old Estate of Boyle in order to Cut off the present Lord's Remainder and to Settle it on Sir Robert King and his Children That Sir Robert came to Mr. Sprigg in the Year 1683 or 1684 by the late Lord's pressing as he said to get a Settlement drawn for Excluding the present Lord in case he was Married at the time of the Perfection of the said Settlement but with a Remainder left to the Children of a second Wife that he should Marry with the Consent of the late Lord and Sir Robert King or such of his next Relations as should be then living and on failure of his Issue Male by that second Wife to Sir Robert King and his Eldest Son and his Heirs Males without power of Revocation or Alteration of the Uses That according to this Settlement Sir Robert King sent a Paper to the Lady Wimbaldon for the present Lord to sign and employed Doctor Quail to persuade his Lordship to signifie his Consent to that Settlement by signing the Paper which the present Lord as he was advised by his Friends and Counsel refused to do That Sir Robert 's Design in this was First To exclude the second Brother whom he then knew to be Married and Secondly To prevent the Eldest Brother's Marriage by leaving him no Power to alter the Uses in this Deed. That it was morally impossible that this should be done by any other but Sir Robert King and his Accomplices it being very unlikely that the Lord Kingston who at that time was Young Healthy and likely to get Children and to out-live his Uncle should of himself propose such a Settlement of his Estate by which he was only Tenant for Life and no Power left him to make Jointures or Provision for Younger Children or Lease for Lives and which hindred his own Marriage and excluded his Brother That Sir Robert left this Deed drawn in Captain Choppine 's hands in order to be perfected and then went for England That the present Lord Kingston having got from Dr. Quail the Deed of Settlement of the Mannor of Newcastle which was settled on him by his GrandFather gave Occasion to Sir Robert and Raymond to incense the late Lord against him tho' his Lordship had no colour of Right to it That Sir Robert in his Letter to Raymond tells him that since Jack 's meaning the present Lord Kingston's Extravagancies were broke out in France his Brother was resolv'd to settle the Estate he has from his two Grand-Fathers so that it shall not be in his Brother's Power to set it from his Posterity That this Deed being dislik'd by Raymond was never perfected but another Settlement was made in Decemb. 1684 wherein is a Power to settle Jointures Portions on Younger Children and to make Leases with a Power of Revocation but it utterly excluded the present Lord. That Sir Robert to give the better colour to what he had done sent his Case of Conscience drawn after his own way to Raymond who was then in London with Instructions to gain the Hands of such Divines as he named to sign it That the late King having had the present Lord's Case laid before him and reported to him by the Earl of Rochester express'd so
high a Displeasure at the late Lord's ill Usage of his Brother that his Lordship promised to do his Brother Right by leaving Matters as they were intended in the Original Settlement but was diverted from doing it by the forementioned Instruments That on the late Lord's Marriage a new Settlement was made by Sir Robert King 's Directions wherein he got himself and his Children Nam'd next in Remainder after the late Lord Robert 's excluding the present Lord without Power of Revocation the said Lord Robert having been plyed with Company at the Tavern for Eight Days together and continually incens'd against his Brother while the Deed was preparing till 't was perfected That the late Lord declar'd to his Lady that he was sorry he had settled the Estate on Sir Robert King that if he cou'd he wou'd Revoke or Alter the Settlement or get an Act of Parliament for doing it as appears by that Lady's Answer to a Bill of Sir Robert 's Filed against her in England in 1694. That the late Lord Kingston made a Declaration and Deed under his Hand and Seal Revoking the Settlement made in 1685 on Sir Robert King and Granting his Estate to his Brother and his Heirs if they shou'd come within the Law and the Remainder to Sir Robert King which was proved by three Witnesses That Sir Robert King Oppos'd the present Lord's Passing his Pardon and Reversing his Outlawry and when his Endeavours prov'd ineffectual in both he got an Injunction to Quiet him in the Possession of the present Lord's Estate in Munster which his Lordship had Entred on by his Servants That Sir Robert having Intimation given him by Dean Cope and others of some Papers being left by the late Lord for his Brother us'd means to suppress them but being Unsuccessful he rak'd what Witnesses he cou'd to prove them Supposititious to bring the present Lord into Infamy and to Ruine him for ever That Sir Robert wrought his Ends so with the late Lord Kingston as to get him to perfect Deeds to him of 600 l. or 800 l. per Annum of the New Estate That from Sir Robert King 's Buildings at Rockingham to Raise which he made use of the Rents of the present Lord Kingston 's Estate and which are so Sumptuous as not to bear any proportion to his own Fortune it may well be inferr'd that he had his Designs all along on the Lordships of Boyle and Michelstown And that because the Deed of December 1684 was revokeable Sir Robert or Captain Choppine to get an absolute Deed propos'd to buy the Town of Sligoe for the late Lord Kingston and to put 2000 l. in his Pocket provided he would give up the Possession of the whole Estate to Sir Robert and settle it upon him thinking the Estate kept too long from him which shews his constant Endeavour to shake the Lord Robert off as well as the present Lord Kingston Now in Answer to all the forementioned Particulars Sir Robert King does declare first That he never knew or heard that there was any Intail of Michelstown much less that the late Lord Kingston had any Design of Docking it And that he never gave Mr. Gosling Orders to write any such Letter as the Libeller mentions to Mr. Raymond Sir Robert King does also further declare That tho' he heard of several Fines levied by the late Lord Kingston in 1682 of particular Parts of his Estate for the Security of Creditors yet of none to his viz. Sir Robert's Advantage or with Design of Prejudicing the present Lord. And as touching what is alledg'd by the Libeller concerning Sir Robert King's coming to Mr. Sprigg in 1683 or 1684 and of desiring him to Draw such a Settlement of the late Lord Kingston 's Estate as might deprive his Lordship of Power to make Jointures or Provision for Younger Children or Leases for Lives or Years c. Sir Robert do's say That he never spoke one Word to Mr. Sprigg to that intent And as the Libeller himself acknowledges Mr. Raymond whom he is pleased to stile Sir Robert's chief Accomplice did violently exclaim against the Unreasonableness of such a Settlement And those very Letters from Mr. Raymond produced by the Libeller do plainly prove it to have been solely of Captain Choppine's preparing and directly contrary to Sir Robert's Sentiments he having oppos'd the Making of any such Settlement of the late Lord Kingston's Estate as should be Irrevokeable and having also often declar'd as Raymond affirms in his Letter * Vid. Append No. 8. The Substance of Mr. Raymond's Letter as in the Materials c. dated the 20th of May 1684. That he thought it very reasonable that his Lordship should have Power to Alter the Uses as he saw cause And it was the Unacceptableness of such an Irrevokeable Settlement to Sir Robert King which Mr. Raymond very pressingly urg'd in his Letter to Captain Choppine that prevailed with the late Lord to alter his Measures and put a stop to his hasty Designs of levying a Fine and Recovery upon his Estate And so far was Sir Robert from having left this Deed in Captain Choppine 's hands with Instructions to get it perfected and from going then for England on purpose that he might not be thought to have a hand in it that he knew not of any such Deed being drawn or directed to be prepared when he went for England in February 1683 as he not only solemnly professes but is also ready to depose upon Oath And as touching those Clauses in that Settlement that Captain Choppine prepared and the late Lord Kingston made which excluded the present Lord and his Issue from the Remainder of the said Estate Sir Robert King does freely own that he was then and still is of Opinion that they were such as well became the Honour of the late Lord Kingston to insert and of the present Lord to have consented to for as Sir Robert himself declares in his intercepted Letter to Dr. Quail produc'd by the Libeller the present Lord could not sure be against Excluding the Children of Pegg Cahan to whom if he be not Married it cannot prejudice him if he be he cannot think her Children fit to Inherit Boyle c. Now to shew how suitably to his Uncle's Sentiments the present Lord Kingston expressed himself concerning this Affair and how highly he resented the Injustice of his Friends in suspecting him Married to so mean a Woman and how seriously in all appearance he declar'd his Abhorrence of so disgraceful a Design I shall produce some Passages out of his Lordship's Letter * Vid. The present Lord Kingston 's Letter in the Append. No. 9. to Mr. Gosling dated from Paris May the 23 d. without mentioning the Year wherein he severely Reprimands his Friends for their unworthy Reflections on his Veracity and known Wisdom in believing him Guilty of such an Action as would render him not only a Person of great Imprudence but also of a profligate Reputation the
Woman whom they suppos'd him to have Married being not only very much beneath him but also one whom he had very solemnly disown'd by Oaths and Imprecations for thus he expostulates with them on this Occasion in that Letter Would that be the Effect of one who was counted Wise to play the Fool to go Marry a Scullian tho' he lov'd her never so well And then complains of the hard Usage he had met with from his Friends that tho' he damn'd himself to the Pit of Hell he must never be believ'd but that Bridget 's and Will 's Words must go before his Oaths And threatens Mr. Gosling that except they send him some Recompence for the Injury they had done him by their unworthy and dirty Thoughts he would never forgive them By all which we may perceive as far as Words are expressive of Mens Thoughts that the present Lord Kingston by his Letter to Mr. Gosling did abundantly confirm the Truth of what Sir Robert King writ to Doctor Quail viz. That his Lordship could not think Pegg Cahan 's Children fit to Inherit Boyle But his Lordship being sensible how little Credit Lovers generally gain to their most solemn Abjurations of their Mistresses was pleased to make use of his Wit to support the Reputation of his Veracity and therefore the more fully to convince his Friends of the Sincerity of his Protestations against so dishonourable an Amour and the more effectually to divert them from Entertaining any jealous Apprehensions of him for the future he thought fit besides the forementioned Letter to Mr. Gosling to write one of another strain to Sir Robert King the purport of which was to acquaint him of the late Lady Donegall 's being then in Paris of his Intimacy with her of the Marks of Favour he received from her and of his full Assurance of Success if he should make his Addresses to her Ladyship he alledg'd the greatness of her Estate as abundantly compensating for the disparity of their Years which he did not think so considerable as might reasonably make him to despair of having Children by her but withall declar'd so great a Respect for his Uncle and Deference to his Judgment and Advice that he would not attempt a matter of that Consequence without his Privity and Consent This Letter and other Papers were by unwarrantable means got by the present Lord Kingston out of the hands of Sir Robert's House-keeper at Boyle in his Absence in the time of the late Troubles * See Append N. 14. Nola Murphey 's Affidavit The Effect of this Letter was what the present Lord Kingston wisht for and intended by it for by this plausible but delusive Pretence all his Friends in this Kingdom were drawn into a firm Persuasion of his having no Design of Disparaging his Family by Marrying that Irish Servant-Maid since he now seem'd with some earnestness to desire and with impatience to wait for his Uncle's Consent to his Courting a Lady of considerable Quality and Fortune Sir Robert King indeed could not approve of this Courtship and therefore out of the regard he had to his Nephew's Advantage and the Apprehension of the World 's just Censure on himself if he should promote so unequal a Match which gave so little Prospect of Children he did by his Letter to him declare his utter dislike of his Design and us'd several Arguments to disswade him from it but in the mean time he had so entire a Confidence in the Sincerity of his Nephew 's profess'd Intentions with his Friends Allowance to make his Addresses to her Ladyship that Sir Robert declar'd to his Friends and particularly to his Grace the present Lord Primate not without some Transport of Joy that now he was fully convinc'd that Jack for so he was us'd familiarly to call the present Lord Kingston was not Married to Peggy Cahan Yet notwithstanding Sir Robert's stedfast Belief of the Truth of his Nephew's Professions he thought it prudent for the Vindication of his Honour and for the effectual preventing of his disgraceful Marriage to send an Instrument to be sign'd by the present Lord the purport of which was a solemn Declaration of the Falseness of the Report of his being Married to Margaret Cahan and of his free Consent to his Brother's Excluding him and his Heirs by her in the Settlement of his Estate in Case he were then or should afterwards be Married to her c. The Words were these as the Libeller himself sets them down The Report of my being Married to Margaret Cahan is so far false that I am willing and do hereby freely consent That my Brother Lord Baron of Kingston in making the Settlement of his Estate do exclude Me Her and all the Children I shall have by her But as I sign this to give my Brother and the World Satisfaction that I am not Married to her so I desire in Requital in making the Settlement I may have such a place in it as the Laws of GOD and Man appoint viz. That I and my Heirs may Inherit next and immediately after my Brother and his Heirs To this I freely Sign as Witness my Hand and Seal this being present c. Now as the Framing and Sending this Instrument was sincerely design'd by Sir Robert King as an effectual Means to prevent the Disgrace of his Family so he did not question but that it would have been both kindly accepted and freely sign'd by the present Lord Kingston For Sir Robert being possess'd with a firm Belief of the Sincerity of his Nephew's Professions could not imagine that he who had so earnestly desir'd his Consent to his Courting the Lady Donegall and in the aforesaid Letter to Mr. Gosling had so grievously complain'd of the unworthy and dirty Thoughts of his Friends in suspecting him Married to so mean a Woman as Margaret Cahan would decline so Prudent and sure an Expedient of preventing such dishonourable Sentiments of him for the time to come much less that he would ever represent it as a Grievance to give that under his Hand by his Uncle's Advice which he had so often and so freely Sworn to many others and had as he himself expresses it in that Letter Damn'd himself to the Pit of Hell for the Confirmation of its Truth By all which it may appear with what Justice the Libeller Taxes Sir Robert King with knowing that the present Lord Kingston was Married when he sent him the Instrument to Sign seeing he had then not only the Word and Honour of a Man of Quality but also the Faith of a Christian given in the most solemn manner to engage him to believe the contrary And that which abundantly vindicates Sir Robert King from the Libeller's farther most scandalous Suggestions concerning this Instrument is the Manner of his Transmitting it to the present Lord Kingston For if Sir Robert had been conscious of the Unreasonableness of his Nephew 's signing that Paper or had intended as the Libeller insinuates
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
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
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