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
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
A VINDICATION OF Sr. ROBERT KING 's Designs and Actions In Relation to the late and present LORD KINGSTON BEING AN ANSWER To a Scandalous Libel lately sent abroad under the Title of MATERIALS For a Bill of Discovery against Sir Robert King Bar. Anthony Raymond Charles Gosling William Sprigge Anthony Cope Dean of Elphin Anthony Sheppard Mrs. Choppyne Thomas Twigge Garreit Misset Cap. Samuel Pash Dean Francis Quaile Lady Kingston Mr. Rochfort Sir St. George Arthur Cooper James Johnson John Reading William Palmer Henry Farrell and Standish Hartstrong Junior Esq Ornari Res ipsa negat contenta doceri Horat. Printed in the Year 1699. A VINDICATION OF Sr. ROBERT KING's Designs and Actions In Relation To the late and present Lord KINGSTON BEING An Answer to a Scandalous Libel lately sent abroad under the Title of Materials for a Bill of Discovery against Sir Robert King Bar net Anthony Raymond Charles Gosling c. WHILST some of those whom Sir Robert King thought he had oblig'd to be his Friends exprest their Unkindness to him in reproachful Discourses only he judg'd it unnecessary to return any Formal Answer to them in Writing believing his own Reputation so well Establish'd in the World as to be a sufficient Defence against the most violent Efforts of that nature But seeing those severe Reflections that were past on him tho' as unjustly rais'd as industriously spread abroad are lately form'd into a Libel and publickly appear against him under the Specious Title of Materials for a Bill of Discovery against Sir Robert King c. He thought himself oblig'd to vindicate his own Innocency in the same manner in which it was aspersed by returning a distinct Answer to each particular Article of his Accusation And tho' the Author of the Materials of that Bill of Discovery or rather of Indictment against Sir Robert King has been very careful in observing the known Maxim of mischievous Policy by supplying the want of Truth in the Accusation by the Boldness and Heinousness of the Charge Yet I do not question but that the Answer which is here return'd to that Scandalous Libel is so full and convincing that it will for ever silence the unreasonable Clamour of Sir Robert's Adversaries and effectually acquit him in the Judgment of all candid and ingenuous Men. The confus'd Materials of this pretended Bill of Discovery may be reduc'd to these Four Heads First Those Matters that relate to Sir Robert King's Guardianship of the late and present Lord Kingston Secondly The Circumstances of the present Lord's Marriage Thirdly The late Lord's Disinheriting the present Lord and Settling his Estate on Sir Robert King and his Heirs And Fourthly the Settlements and other Deeds relating to the late and present Lord Kingston's Estate The Complaints relating to the First Head are these That John Lord Kingston the Father of the late and present Lord having design'd his two Sons to be committed to the Tuition of the late Earl of Arran by reason their Uncle Sir Robert King was too near related and in Remainder for want of Issue of them to the Estate of Boyle Sir Robert King by his Accomplices particularly Anthony Raymond perswaded the late and present Lord to chuse him for their Guardian That by Contrivance of the said Raymond Sir Robert got all the Patents Rent-Rolls c. into his Hands and pick'd out such Instruments out of his Brother's Agents Stewards c. viz. Raymond Gosling Captain Caulfield as enabled him to carry on his Designs against his Nephews That he Acted solely without the Concurrence of the other Executors That Captain Blackwell one of the Lord John 's Trustees and always an Opposer of the Designs of Sir Robert was bought off from Acting That Sir Robert never return'd an Inventory of the Goods and Chattels nor any Account of his management into the Prerogative Office That immediately after the late Lord John 's Death he remov'd the present Lord from Kilkenny-School and for the space of a Year gave his Brother and him the liberty to follow their own Inclinations which gave the Eldest an Opportunity of minding nothing but Hunting and keeping mean Company and the Youngest of Trifling away his Time very Idly also and that when the late Lord was perswaded to go abroad Sir Robert would not permit the present Lord to Travel into France with his Brother tho' earnestly desir'd with Tears nor wou'd send him over to him tho' his Brother writ frequently and pressingly for him and sent Captain Pach to bring him That the present Lord being placed at Charlevile-School and committed to Raymond 's Care he was wholly neglected there his trusty Servant Roger Brennan being turn'd off by Sir Robert 's Orders and a Boy preferr'd to wait on him who was not capable of serving him nor of seeing any ill designs that were form'd against him That on Sr. William King 's taking notice of and expressing a concern for his ill usuage there he was remov'd thence on a pretence that Sir William King design'd to Marry him to his Daugter That being brought to Boyle and one Lightbourn appointed to be his Tutor they both spent their whole time in Idleness Sir Robert King in the mean while not vouchsafing to make the least Enquiry concerning his Studies or any thing that tended to his good though he lived within three Miles of Boyle That being sent to the College he was within some few Months after his Admission remov'd to Abbyboyle That Sir Robert by neglecting to disburse three hundred Pounds for this present Lord's use when he and Raymond had Fifteen hundred Pounds of his Money in their hands lost him Captain Holcroft 's Estate which was worth Four Hundred Pounds per annum That Sir Robert underhand encouraged his Father in Law Capt. Choppyne to buy it in hopes of his Settling it after his Decease on Sir Robert and his Heirs and in fine that Sir Robert King to avoid giving an Account of his Trust which he had broken in sundry particulars shifted off the Guardian-ship of the present Lord and plac'd it on the late Lord Robert who was then but just Twenty one Years of Age. To all which the following Answer is return'd First That Sir Robert King was so far from endeavouring to divert John Lord Kingston from appointing the late Earl of Arran to be Guardian to his Sons that he never knew or heard of his having form'd any such Design and that after his Death there being no Guardian nam'd in the Will most of all the Trustees and particularly that very Capt. Blackwell whom the Author of the Materials represents to have been always an Opposer of Sir Robert 's designs perswaded Sir Robert to take upon him the Guardianship of the late and present Lord not mistrusting that the choice of such a Person wou'd to speak the least be any way prejudicial to their Affairs For though Sir Robert King was not appointed by his Brother to be Guardian to his Children there is no reason
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
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
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
Kingston having Pretensions to that Estate as being in Remainder in the Settlement as well as Heir at Law Sir Robert's Advising the late Lord to dispose of it to the Poor cannot reasonably be interpreted as an Injustice or Disservice to the present Lord Kingston Nor is Sir Robert King solicitous to make any Defence for his Opposing the Reversal of the present Lord's Outlawry for his Lordship having not only some Years before the late Revolution publickly renounc'd the Protestant Religion but also for some time since profest himself a Papist and having left his Lady and Children in France as Hostages of his firm Adherence and Fidelity to the late King Sir Robert thought himself oblig'd to lay this Matter before the Government The Consideration of which being referr'd to the then Solicitor General Sir Richard Leving he declar'd it as his Opinion That it was not safe for the Lord Kingston to Reverse his Outlawry until he had brought over his Lady and Children into His Majesty's Dominions in Order to their being Educated Protestants On which the Lord Capell the then Lord-Deputy of this Kingdom judging it a Business of Consequence thought fit to transmit it into England whereupon the Reversal of the present Lord Kingston's Outlawry was stopt till his Lordship's Eldest Son came to London and he had sent into France for the rest of his Family And here we may take an Estimate of the Libeller's Loyalty to His Majesty and of his Regard to the publick Good by his blaming Sir Robert King for not preferring his Nephew 's private Advantage to the Safety of the Kingdom and Security of the Protestant Religion Nor is that more fairly represented by the Libeller which he writes concerning the late Lord Kingston 's Promise to the late King to leave the Matters in Controversie between him and his Brother as they were in the Original Settlement For that which the late Lord Kingston promis'd the late King James was not as the Libeller insinuates to make him Heir to his Lordship's Estate but only to continue him in the peaceable Possession of the Mannor of Newcastle to which as being Heir at Law the late Lord had fair Pretensions all which Sir Robert King is ready to depose And as to what is objected concerning Sir Robert King's being inform'd by Dean Cope of some Papers left by the late Lord Kingston for the Use of his Brother and Sir Robert 's endeavouring to suppress them the Occasion of that unjust Reproach was only this Dean Cope having acquainted Sir Robert King that there was a Report in the Country of some Papers being left by the late Lord Kingston at his Death not for the Use of his Brother as the Libeller suggests but of his Lady Sir Robert writ to the Dean from Dublin to take all possible Care to have them transmitted to the present Attorney-General Trustee for the Lady Kingston but the Dean after the strictest Enquiry he could make could find no such Papers and discover'd the Report relating to 'em to be altogether false and groundless As to what is offer'd from the late Lady Dowager Kingston's Answer to a Bill fil'd against her by Sir Robert King namely That her Lord declar'd to her that he was sorry he had made such a Settlement and that he had designs to alter it It is answer'd That Sir Robert out of Respect to her Memory being willing to suppose the Truth of what her Ladyship has averr'd has nevertheless good reason to believe that tho' his Lordship might perhaps in some sudden heat express himself to that purpose on occasion of Sir Robert's plain dealing with him in other Matters yet his Lordship never did upon serious Thoughts shew any dislike of that Settlement for as it is observable that her Ladyship does not in her Answer to Sir Robert's Bill give the least hint of her Lord 's designing to settle any part of his Estate on his Brother so it is generally known and has been publickly attested by Persons * Vid. Mr. Connelly 's Deposition in the Append No. 13 of good Credit who were most conversant with him that in his Lordship's constant Discourse he declar'd himself highly pleas'd with the Settlement he had made and did also in his last Sickness declare his Fears that his Uncle's easie Temper would incline him to act contrary to his Lordship's full Design and the purport of the Deed which he had made And as touching the pretended Declaration and Deed of the late Lord Kingston's Revoking the Settlement made in the Year 1689 and granting his Estate to his Brother c. Sir Robert King does not in the least doubt but that he shall be able when there is Occasion to make good his Title against all pretended Declarations Deeds and Revocations that have been set up since the late Lord's Death and against all other Pretensions whatsoever But that the Reader may the better judge of the Credibility of these Pretences it will not be improper to inform him that it appears by an Affidavit ready to be produc'd That considerable Rewards were promis'd to a Clerk belonging to the Common-Pleas to imbezil or raze two Writs of Covenant which belonged to two Fines levied of the Boyle Estate by Robert the late Lord Kingston and that these Proposals were made by Daniel Sullevane a Person who was then in the Interests of the present Lord Kingston And it has been also fully and publickly prov'd that in the Year 1695 when Mr. Raymond was in Dublin and was suppos'd to have Sir Robert King's Papers with him there several profligate Persons of the Name of Sullevane one of which then waited on the present Lord Kingston corrupted Mr. Raymond's Servant to steal away his Master's Papers which he accordingly did and the whole Matter being plainly detected one of the Person 's concern'd being taken was Pillory'd and the rest fled And it was remarkable on the Tryal that it was prov'd that they gave the Servant a strict Charge to search for a Paper containing a Discharge or general Release given by the present Lord Kingston to Sir Robert King for his Guardianship And to this purpose it is observable That in the time of the late War when Sir Robert King was in England the present Lord came to a faithful old Servant of Sir Robert King at Rockingham and persuaded her to deliver him the Papers she had of Sir Robert's and promis'd he would keep them safe for him and on that Pretence got them into his Hands and never would afterwards restore them all which is fully depos'd upon Oath * Vid. Append No. 14 Nola Murphey 's Affidavit Now to what is objected concerning Sir Rober King 's and Captain Choppine 's offering to buy Sligoe and to put 2000 l. in his Lordship's Pocket on Condition he would make an absolute Deed and put Sir Robert King into the actual Possession of his whole Estate the Answer is very plain For as Sir Robert was never known
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
say she will Marry crook'd Will as what she thinks of me Except she and you send me some Recompence for the Injury you have done me by your unworthy and dirty Thoughts I 'll never forgive you and do not let it come about by Mr. Pach any more Of Two so Wise as my Cousin and you I never saw Sir Martin act a more silly part read her Letter wherein I frighten her but it is for nothing else for I love her still as well as ever and that she shall see at last Read her Letters pray and promise you love GOD and Me. Shew this to no body but Cousin Sue and let her burn hers PARIS May 23. N o. X. Doctor Horneck 's Letter to Sir Robert King SIR I Had yours and am heartily glad my old Friend and Acquaintance is Alive and well I have been indispos'd with the Distemper of the Stone and Bloody-Water these Six Weeks Blessed be GOD there appear some signs of Recovery Concerning your Nephew the Lord Kingston I have almost forgot Particulars of so long standing or done so many Years ago yet I do remember he own'd he gave his Consent to the passing of the Estate to you only as is usual in such Cases pleaded Youth and Fear or some such Argument There is a Young-Man c. I am Sir Your Affectionate Friend And Humble Servant A. Horneck Sept. 22. For the Right Honourable Sir Robert King Kt. one of His Majesty's most Honble Privy-Council in the Kingdom of Ireland at Dublin N o. XI The late Lord Kingston's Paper Written with his own Hand containing Directions for drawing up his Lordship's Answer to Mr. King's Case THat Mr. King fell in Love I believe to be true but that his Wife is a Gentlewoman is as false as any false Supposition can be Her first Rise was to be my Poultry-Woman's Servant and her greatest to be my Dairy-Maid till she became his Spouse That it was upon this occasion I Settled my Estate from Him and Hers 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 c. N o. XII The present Lord Kingston 's Letter to Sir Robert King Dear Uncle IT is not for want either of Duty or Respect that I have not waited upon you since my coming for England but because I know the Sight of so unpleasing an Object cannot be grateful to so near a Relation as you are Therefore I thought it better to live both private and retir'd from the sight of all my Relations and Friends than to give them a Subject to Discourse of which the Sight of me cannot continually choose but do I hope you will not take it ill seeing I have given you a true account of the Reason By this I shall soon be forgotten by you all and shall enjoy quiet of Mind by delivering my self from the bitter Reproaches due to me from so good Relations 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 Jo. King To the Honourable Sir Robert King N o. XIII The Deposition of William Conolly Esq WIlliam Conolly of the City of Dublin Esq Deposeth That having some earnest occasions with Robert Lord Baron of Kingston Deceas'd he repaired to Boyle about the fourth of October 1693 and stayed with the said Lord for several days in which time and at several times before he heard the said Lord Kingston express himself with great dissatisfaction and dislike of the present Lord Kingston and the dishonour he had placed upon the Family and often said That he should never Enjoy any part of his Estate and hoped his Uncle Sir Robert King would be just to him in his Intentions in that Matter tho' he expected much more from his Son meaning John King Esq to whom the said L d Robert said his Estate would come This Deponent further deposeth That the said Robert Lord Kingston said and expressed himself with concern fearing that the said Sir Robert King might be too easie prevail'd upon by the now Lord Kingston or words to that purpose The Cause of this Deponent's Discourse and Knowledge is that he was intimate with the said Robert Lord Kingston and was concern'd for him as his Agent and Solicitor Will. Conolly Jurat coram me 23 Decemb. 1698. J. Coghill N o. XIV The Deposition of Nola Murphey taken before the Reverend Dean Anthony Cope One of His Majesty's Justices of the Peace for the County of Roscommon THE Examinate being duly Sworn on the Holy Evangelists deposeth That being a Servant with Sir Robert King his Lady and her Mother for above Forty Years was intrusted by him as his House-keeper with several Goods and Papers on his going for England before the late Troubles most of which she the Deponent dispers'd amongst such of the Irish as she thought would keep them safest and give them back again and tho' in the Troubles some Irish Officers and Soldiers came to her Master's House where she was left and threatned to send her to Goal if she did not tell where she had the said Goods yet she would not tell them let them say what they would But this present Lord Kingston coming to the House with several in his Company he soon after his being in it took the Deponent from this Company and went with her into the Room call'd the Nursery where he enquir'd very privately when she heard from his Uncle and Aunt and the Children and spake so very tenderly of them using often the word his dear Uncle and Aunt and dear Cousins that she could have trusted him with all the Things and Papers she had in the World of her Master's and did believe his Lordship spake from his Heart because of his being long and often in her Master's House and she observ'd what great Kindness and tender Care her Master and Lady had of his Lordship as if he were their own Child and after all his kind Words his Lordship said Nola what you have of my Uncle's let me know for if he had a Thousand Pounds worth I would not take a Penny worth of them for my self but keep it for him fearing others should take it from him but be sure you shew me every thing of his that you have let the World go as it will I hope they will not lose their own And when he was leaving this Deponent his Lordship said Nola If what I have said to you were heard or known this would be cut off drawing his Fingers cross his Neck by which the Deponent thinks he meant that his Head would be cut off By these and other fair words she the Deponent went next day to Boyle and shew'd him some Things and all the Papers which were her Master 's and when his Lordship came to the
Robert King But this Deponent found Sir Robert against it and knows that he often refus'd to accept of the Settlement his Lordship intended to make on him at which this Deponent was displeased and spoke to Sir Robert about it and often heard her Husband say that Sir Robert was Mad to refuse an Estate so offer'd And the late Lord said if his Uncle would not accept of his Estate he would give it to another nay to any one rather than his Brother as this Deponent has been often told And this Deponent further deposeth That she believes Sir Robert King did not accept of the Settlement of the late Lord's Estate until he had the Opinions of some of the best Divines in England that it was lawful for him to accept thereof Jurat coram me 11 die Maii Anno Dom. 1699. John Ussher N o. XIX The Affidavit of Thomas Yeeden Clerk I Thomas Yeeden do know that Charles Holcroft Esq had a considerable Estate in the County of Golloway near and in Tuam That he sold the same several Years before the War of Eighty Eight some part to my self of which he Levied a Fine and common Recovery some unto Thomas Dean of Golloway Merchant some unto Nicholas Bermingham near Barnedarrick some unto James Johnston Clerk some unto Edmund Kelly of Fiddane in the same County That some of these said Persons understanding that the said Charles Holcroft made a prior Deed of his Estate unto the Right Honourable John Lord Kingston's second Son the now Right Honourable John Lord Kingston did commence a Suit in His Majesty's High Court of Chancery in Ireland against Sir Robert King Baronet praying the Deed to be brought into Court which as I was told was produc'd and what the Issue of those Proceedings were referr to the Rules then set down I have heard that the Deed was faulty The Management of that Suit against Sir Robert was left to Mr. Edmund Renell I heard that Charles Holcroft aforesaid had some Lands in Leicester which he dispos'd of to Robert Choppine Esq Deceased which I have heard was set for Eighty Pounds sterl a Year and no more All which I hereby Certifie and Depose Witness my Hand this Fifth of October 1698. Thomas Yeeden Sworn before me the Day and Year aforesaid Anth. Cope N o. XX. An Extract out of Robert late Lord Kingston 's Letter to Sir Robert King dated June the 29th 1688. Dearest Uncle I Know my Brother's Aim is Possession believing I may miscarry through the great Love our Country-Men have for me but if I could more firmly settle what I have I would and rivet it rather than it should be ever alter'd I am still Dearest VNCLE Your most Obedient and Most Humble Servant N o. XXI An Account stated under the Hand and Seal of Mr. John King the present Lord Kingston WHereas upon Ballance of Accounts with my Brother the Right Honourable Robert Lord Baron of Kingston as my Guardian it appears that I owe unto my said Brother the Summ of One Hundred Ninety Five Pounds Eighteen Shillings and Six Pence Three Farthings And whereas upon Ballance of Accounts with my Uncle Sir Robert King Baronet it appears that my said Uncle owes me the Summ of One Hundred Thirty Four Pounds Two Shillings and a Half Peny I do for the Satisfying unto my said Brother the aforesaid Sum of 195 l. 18 s. 6 d. ¾ hereby Assign and make over unto my said Brother his Executors Administrators and Assigns the said Summ of 134 l. 2 s. 0 d. ½ due unto me from my said Uncle and to give Discharge or Discharges unto him my said Uncle for the same which shall be as effectual to all Intents and Purposes as if the same was or were actually given by my self And I do promise covenant and undertake to pay unto my said Brother his Executors Administrators or Assigns upon or before the First Day of May next the Summ of Sixty One Pounds Sixteen Shillings and Six Pence Farthing to compleat the said Sum of 195 l. 18 s. 6 d. ¾ so due to my said Brother In Witness whereof I have hereunto set my Hand and Seal this Sixth Day of February 1683. John King ✚ Being present Ant. Raymond Fr. Quail Hen. Faell FINIS
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
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