A VINDICATION OF Sr. ROBERT KING 's Designs and Actions In Relation to the late and present LORD KINGSTON BEING AN ANSWER To a Scandalous Libel lately sent abroad under the Title of MATERIALS For a Bill of Discovery against Sir Robert King Bar. Anthony Raymond Charles Gosling William Sprigge Anthony Cope Dean of Elphin Anthony Sheppard Mrs. Choppyne Thomas Twigge Garreit Misset Cap. Samuel Pash Dean Francis Quaile Lady Kingston Mr. Rochfort Sir St. George Arthur Cooper James Johnson John Reading William Palmer Henry Farrell and Standish Hartstrong Junior Esq Ornari Res ipsa negat contenta doceri Horat. Printed in the Year 1699. A VINDICATION OF Sr. ROBERT KING's Designs and Actions In Relation To the late and present Lord KINGSTON BEING An Answer to a Scandalous Libel lately sent abroad under the Title of Materials for a Bill of Discovery against Sir Robert King Bar net Anthony Raymond Charles Gosling c. WHILST some of those whom Sir Robert King thought he had oblig'd to be his Friends exprest their Unkindness to him in reproachful Discourses only he judg'd it unnecessary to return any Formal Answer to them in Writing believing his own Reputation so well Establish'd in the World as to be a sufficient Defence against the most violent Efforts of that nature But seeing those severe Reflections that were past on him tho' as unjustly rais'd as industriously spread abroad are lately form'd into a Libel and publickly appear against him under the Specious Title of Materials for a Bill of Discovery against Sir Robert King c. He thought himself oblig'd to vindicate his own Innocency in the same manner in which it was aspersed by returning a distinct Answer to each particular Article of his Accusation And tho' the Author of the Materials of that Bill of Discovery or rather of Indictment against Sir Robert King has been very careful in observing the known Maxim of mischievous Policy by supplying the want of Truth in the Accusation by the Boldness and Heinousness of the Charge Yet I do not question but that the Answer which is here return'd to that Scandalous Libel is so full and convincing that it will for ever silence the unreasonable Clamour of Sir Robert's Adversaries and effectually acquit him in the Judgment of all candid and ingenuous Men. The confus'd Materials of this pretended Bill of Discovery may be reduc'd to these Four Heads First Those Matters that relate to Sir Robert King's Guardianship of the late and present Lord Kingston Secondly The Circumstances of the present Lord's Marriage Thirdly The late Lord's Disinheriting the present Lord and Settling his Estate on Sir Robert King and his Heirs And Fourthly the Settlements and other Deeds relating to the late and present Lord Kingston's Estate The Complaints relating to the First Head are these That John Lord Kingston the Father of the late and present Lord having design'd his two Sons to be committed to the Tuition of the late Earl of Arran by reason their Uncle Sir Robert King was too near related and in Remainder for want of Issue of them to the Estate of Boyle Sir Robert King by his Accomplices particularly Anthony Raymond perswaded the late and present Lord to chuse him for their Guardian That by Contrivance of the said Raymond Sir Robert got all the Patents Rent-Rolls c. into his Hands and pick'd out such Instruments out of his Brother's Agents Stewards c. viz. Raymond Gosling Captain Caulfield as enabled him to carry on his Designs against his Nephews That he Acted solely without the Concurrence of the other Executors That Captain Blackwell one of the Lord John 's Trustees and always an Opposer of the Designs of Sir Robert was bought off from Acting That Sir Robert never return'd an Inventory of the Goods and Chattels nor any Account of his management into the Prerogative Office That immediately after the late Lord John 's Death he remov'd the present Lord from Kilkenny-School and for the space of a Year gave his Brother and him the liberty to follow their own Inclinations which gave the Eldest an Opportunity of minding nothing but Hunting and keeping mean Company and the Youngest of Trifling away his Time very Idly also and that when the late Lord was perswaded to go abroad Sir Robert would not permit the present Lord to Travel into France with his Brother tho' earnestly desir'd with Tears nor wou'd send him over to him tho' his Brother writ frequently and pressingly for him and sent Captain Pach to bring him That the present Lord being placed at Charlevile-School and committed to Raymond 's Care he was wholly neglected there his trusty Servant Roger Brennan being turn'd off by Sir Robert 's Orders and a Boy preferr'd to wait on him who was not capable of serving him nor of seeing any ill designs that were form'd against him That on Sr. William King 's taking notice of and expressing a concern for his ill usuage there he was remov'd thence on a pretence that Sir William King design'd to Marry him to his Daugter That being brought to Boyle and one Lightbourn appointed to be his Tutor they both spent their whole time in Idleness Sir Robert King in the mean while not vouchsafing to make the least Enquiry concerning his Studies or any thing that tended to his good though he lived within three Miles of Boyle That being sent to the College he was within some few Months after his Admission remov'd to Abbyboyle That Sir Robert by neglecting to disburse three hundred Pounds for this present Lord's use when he and Raymond had Fifteen hundred Pounds of his Money in their hands lost him Captain Holcroft 's Estate which was worth Four Hundred Pounds per annum That Sir Robert underhand encouraged his Father in Law Capt. Choppyne to buy it in hopes of his Settling it after his Decease on Sir Robert and his Heirs and in fine that Sir Robert King to avoid giving an Account of his Trust which he had broken in sundry particulars shifted off the Guardian-ship of the present Lord and plac'd it on the late Lord Robert who was then but just Twenty one Years of Age. To all which the following Answer is return'd First That Sir Robert King was so far from endeavouring to divert John Lord Kingston from appointing the late Earl of Arran to be Guardian to his Sons that he never knew or heard of his having form'd any such Design and that after his Death there being no Guardian nam'd in the Will most of all the Trustees and particularly that very Capt. Blackwell whom the Author of the Materials represents to have been always an Opposer of Sir Robert 's designs perswaded Sir Robert to take upon him the Guardianship of the late and present Lord not mistrusting that the choice of such a Person wou'd to speak the least be any way prejudicial to their Affairs For though Sir Robert King was not appointed by his Brother to be Guardian to his Children there is no reason
to Believe that what is suggested by the Author of the Materials was the true Occasion of it For his Brother having nominated him in his Will by the Name of his Dear Brother to be one of his Executors notwithstanding the nearness of his Relation and his being in Remainder to the old Estate of Boyle he did not 't is probable on those accounts judge him unqualified to be Guardian to his Sons especially if it be consider'd that John Lord Kingston was so far from entertaining any Jealous thoughts of his Brother on Account of the nearness of his Relation that he often earnestly intreated him to Travel with the late and present Lord thinking that they wou'd be more safe under the care of Sir Robert than of any other person And as Sir Robert do's declare that he never employ'd Mr. Raymond to perswade the late and present Lord Kingston to accept of him for their Guardian the truth of which Raymond has declar'd upon Oath * Vid. Raymond 's Deposition in the Appendix No. 1. So neither were the Circumstances of Sir Robert's Fortune so inconsiderable nor his Reputation in the World so bad that he could reasonably be suspected to have had any self-interested design in the management of his Nephews Affairs but on the contrary Sir Robert has good reason to Believe that besides the fatigue of frequent Winter Journeys from Conaught to Dublin for the security or improvement of their Fortunes his long stays there his trouble in following several of their Law-Suits and the neglect of his own Business to attend theirs he expended several hundred Pounds of his own Money which tho' laid out for their Advantage was never placed to their Account as appears by Sir Robert's Answer upon Oath to a Bill in Chancery in Michaelmas Term 1697. And as the sole intention of his complying with the desires of his Nephews as well as of the Trustees in accepting the Office of Guardian to them was to express his Gratitude to his Brother by his care and good Management of the Persons and Concerns of his Children so he thought he had discharg'd that Trust with so much faithfulness as might if not merit their acknowledgments yet at least free him from their Censures And it is sufficiently known to the World what great regard the late Lord Kingston had for him and with what kindness and respect he always Treated him which did abundantly testifie the due sense his Lordship had of his Unckles care in his Education and of his just management of his Estate and must needs render the contrary usuage Sir Robert has lately met with from the present Lord the more uneasie and surprizing to him he having always had an equal care of the concerns of both the Brothers and no less affection for the Younger than he had for the Elder which will appear by the further Answers to the Materials for the pretended Bill of Discoveries against him But amongst all the Libellers misrepresentations of Sir Robert's Actions there is none more groundless and unreasonable than what relates to Capt. Caulfield Dean Cope Dr. Quail Mr. Raymond and Mr. Gosling for it can't but appear strange that Sir Robert's intimacy with their Fathers faithful Friends and imploying his most knowing and trusty Servants in their business which in the opinion of all indifferent Men wou'd be accounted a Mark of respect that Sir Robert paid to their Fathers Memory and the best measures he cou'd take for the advancement of their Fortunes and the surest proof he could give of the uprightness of his intentions shou'd be objected to him as a Contrivance to carry on his own Designs against them for certainly these persons might with much more shew of reason be judg'd Spies on Sir Robert's Actions than what is invidiously suggested Accomplices of his ill Designs Among these pretended Complotters with Sir Robert to Ruin the late and present Lord Kingston Mr. Anthony Raymond is mentioned as the Chief who was not only bred up from his Childhood under the present Lord Kingston's Grandfather Sir William Fenton and constantly imploy'd by him in his business but as a Mark of Sir William's more than ordinary regard for him and his entire Confidence in him was made a Trustee in several of his Deeds and particularly in a Deed for the Settlement of part of his Estate on this present Lord Kingston And the present Lord Kingston's Father had so long Experience and so great an Esteem of the Faithfulness of Mr. Raymond's Service and the Prudence of his Management that he recommended him to his Trustees as the fittest Person to manage the Estates of both his Children in Munster So that it happens very unluckily to the Libeller That this very Raymond who is represented by him as a mighty Grievance to the late and present Lord Kingston and the Employing of whom is objected to Sir Robert King as a heinous Crime shou'd not only be constantly employ'd and much approv'd of by their Father and Grandfather during their Lives but also Bequeath'd as I may justly say at their Deaths as a considerable Legacy to their Children And to make good that favourable Opinion they had of him and fully to Vindicate Sir Robert King in Employing him he has besides the many instances that might be given of his successful Industry in the late Lords affairs considerably Improv'd the present Ld. Kingston's Estate For whereas it was not worth 400 l. per an at the time of his Fathers Death it was rais'd by Mr. Raymond's Prudence and Care to near 600 l. per an The Truth of which may appear by the Rent Rolls taken at his Fathers Death compar'd with that which was given in to the present Lord Kingston when his Lordship took the management of his Estate into his own hands And as by what has been said and is ready to be prov'd Sir Robert King's imploying Mr. Raymond in the concerns of both his Nephews is abundantly justify'd so what is objected concerning his Acting without the Concurrence of the other two Executors will be fully clear'd if we consider that the late Lord Kingston who was named First Executor in his Father's Will was at the time of his Fathers Death and for some Years after in his Minority and on that Account was not so properly qualify'd to Act and that the late Lord Chief Justice Povey who was the other Executor had not leasure by reason of the Publick Station he was in to attend such Affairs and that tho' by frequent Indispositions of Body he was disabled to undergo the Fatigues of long Journeys into Munster and Conaught yet he did give his Advice and Assistance to Sir Robert in the discharge of the Executorship and approv'd of his management of Affairs as long as he continued in this Kingdom As touching Capt. Blackwell he was a Creditor as well as a Trustee and by his indeavouring to Impair rather than Improve the late Lord Kingston's Fortunes he became indeed a constant
Opposer of Sir Robert 's designs viz. of preserving the late Lord from being wrong'd by him for he having claim'd a greater Debt than was really due to him and Sir Robert refusing to pay it the Controversie was referr'd to Sir John Temple's Determination who awarded him 1000 l. instead of 1500 l. that he demanded as appears by the Award in Mr. Sprig's hands which as soon as he received he quitted his Charge and went away to England So that now the Reader may perceive that the Money paid to Capt. Blackwell which is represented by the Libeller as a Bribe was the Discharge of a Debt and what is said concerning his being Bought off from acting as a Trustee is to be understood of his being cut off 500 l. of what he demanded as a Creditor Of this and all the other Debts and Credits Goods and Chattels of John Lord Kingston Sir Robert many Years ago return'd a perfect Inventory and Account into the Prerogative Court and there if the Libeller be pleas'd to make a Search he may better be Inform'd what reason he has Verily to believe that Sir Robert did never make any such return into that Office Nor is the Libeller less mistaken in what he says concerning Sir Robert's getting into his hands all the Patents Deeds Rent-Rolls c. belonging to John Lord Kingston for they never were in Sir Robert 's hands but were still lodg'd with Mr. Raymond as with a Person who knew the matters contain'd in them more perfectly and cou'd manage them more dexterously than any other for the Interest of the Orphans Though if Sir Robert had kept them in his hands it could not reasonably be imputed to a Guardian as a Crime to have the Writings relating to his Ward in his own Custody Nor can Sir Robert suffer in his reputation by those groundless reflections that are pass'd upon him by the Libeller in reference to the Education of the late and present Lord Kingston there being many Persons of great Veracity and considerable Character in this Kingdom that can vouch for Sir Robert's Care of their Breeding and Tenderness of their Persons for it is sufficiently Notorious That soon after the Death of John Lord Kingston Sir Robert King having occasion to be in Dublin for some time to prove his Brothers Will c. his two Nephews were all the while in the same Lodgings with him Eat at the same Table and after about two Months stay went together with him into the Country and for the most part of that Year were with him in his House at Rockingham where they were Treated with a respect suitable to their Quality and with a kindness equal to what he ever shew'd to his own Children and were so far from being neglected in their Education or permitted the liberty of following their own Inventions that Doctor Quail a Person of known worth and Prudence who had been Tutor to the late Lord Kingston in his Fathers Life-time and was much Esteemed by him did not only continue in the same Station but had the present Lord also committed to his care and though the late Lord did for a while follow with too much fondness and application the Divertisements of the Country yet Sir Robert was not wanting in his Duty to him but still imploy'd his whole Interest and Authority to restrain his too eager Prosecution of them and within a Year his Lordship was prevail'd upon by his Unkle's Advice which was agreeable to his Father's Designs to quit all his Diversions at Home to improve himself Abroad being assisted by the Prudence and good Management of Dr. Quail who was appointed by Sir Robert to be his Tutor and Companion in his Travels And as the late Lord did not at the time of his leaving this Kingdom seem desirous of his Brother's Company abroad so notwithstanding what is suggested by the Libeller Sir Robert never receiv'd any Letter from his Lordship intimating his Desire of having his Brother sent over to him into France nor did Sir Robert ever know that Captain Pach was sent by the late Lord to bring his Brother thither but to be his Tutor here It may be true that the present Lord did then as the Libeller says press his Unkle and perhaps with Tears to send him along with the late Lord Robert but was deny'd for Sir Robert did not judge it consistent with his Gratitude to his Brother's Memory and the Interest of his own Reputation being next to his Nephews Heir in Remainder of the Estate in Conaught to expose his Brother's whole Family at once and in their Nonage too to the many and great Hazards of Travelling into Foreign Parts and therefore thought it better to run the Risque of incurring the Censure of Unkindness from some indiscreet Persons than too fondly to gratifie the imprudent tho' earnest Desires of a Youth who in the Materials for a Bill of Discovery is represented as being then but Thirteen Years Old for certainly one of that Age tho' well fitted for the Advantages of that sort of Education that is to be had at Schools in his Native Country is very little qualified for those Improvements that are to be acquir'd by Travelling into Foreign Kingdoms and accordingly Sir Robert instead of permitting the present Lord Kingston at that time to go for France sent him to a then celebrated School at Charleville and instead of his Trusty Servant Roger Brennan as he is call'd in the Materials who had left the Family before John Lord Kingston's Death and who afterwards declar'd himself a Papist Sir Robert appointed an honest Protestant Youth to attend him and ordered Mr. Raymond who liv'd near Charleville to have a more than ordinary Care and Inspection over him And there being some time after this Lord 's going thither a Report spread abroad in those Parts of Sir William King's designing to Marry his Daughter to him Mr. Raymond according to his Duty gave Sir Robert King an Account of what was generally discours'd And tho' the Libeller intimates that Raymond himself was the Author of that Story being as he alledges provok'd thereto by Sir William King's kind reception of the present Lord at his House and his resentment of his Lordships ill usage by Raymond at Charleville yet Sir Robert do's not think he has any reason to believe that Mr. Raymond did raise that report but that the discourse in those parts concerning that matter came first from others and is fully satisfied that Mr. Raymond according to his order furnish'd this present Lord Kingston during his stay at Charleville with all necessaries and conveniences suitable to a Gentleman of his Age and condition though not with Superfluities to gratifie the Extravagancy of his Temper And Tho' Sir Robert do's not question Sir William King's kind concern for and obliging Treatment of the present Lord Kingston at his House yet he do's not know of any Liberty he gave him of Courting his Daughter much less of his designs of Marrying
the said Sir Robert sent him to the said late Lord to signifie his the said Sir Robert 's dislike of it and to dissuade him the said Lord Robert from making thereof which Message the Doctor deliver'd to the said late Lord at which the said late Lord seemed to be moved and said he would proceed in it or Words to that effect and that Peggy Cahan 's Issue should never enjoy his Estate And to this purpose Charles Gosling Esq who was sometime Secretary to the late Lord Kingston has depos'd * Vid. Mr. Gosling 's Deposition in the Append No. 4. That when the News came of the present Lord Kingston 's being Married to Margaret Cahan the late Lord was so much troubled at it and so much enrag'd at him that he soon after resolv'd to Levy a Fine and suffer a Recovery of his Estate both in Connaught and Munster and told his Uncle Sir Robert King of his Resolution and that he would settle the same upon him and his Children And that Sir Robert thereupon advis'd him to the contrary telling him That tho' his Brother had Married so far beneath himself and his Family yet she might make a good Wife or Words to that effect upon which the late Lord Kingston solemnly profess'd and swore That in Case Sir Robert King would not accept of the Settlement he would settle the Estate upon his Cousin Captain Francis King and his Children which this Deponent viz. Mr. Gosling often heard the said Lord Kingston declare and this Deponent does also verily believe that he would so have done in case the said Sir Robert had not accepted of the same Nor can the late Lord Kingston's Disinheriting his Brother be judg'd an Act of unreasonable Severity if besides what has been already said it be but considered that the present Lord's private Fortune left him by his Grand-Father Sir William Fenton which he then enjoy'd amounted to 600 l. per Annum which to any impartial Judgment will pass for more than a competent Inheritance for the Children of such a Mother And tho' the late Lord Kingston shew'd a just Displeasure at his Brother 's disgraceful Marriage by Disinheriting his Issue by the Irish Servant-Maid yet he express'd a tender Regard to the Nearness of the Relation by ordering such a Clause to be inserted in the Settlement as might be a saving to such Sons as the present Lord Kingston should beget on the Body of such a Wife as he should Marry with the Advice and Consent of his said Brother and his Uncle Sir Robert King or such of his next Relations as should be then living c. And surely the late Lord Kingston had no cause to believe that his Brother would think it unreasonable that the Children of that Woman whom in his Letter to Mr. Gosling he acknowledg'd to have been a Scullian should be barr'd from Inheriting a Lord's Estate And as we may perceive by Mr. Gosling's Deposition that the late Lord Kingston did solemnly declare his Intention of Settling his Estate on Captain Francis King if his Uncle should obstinately persist in the Refusal of it so the present Lord was so fully persuaded of the Stedfastness of those his Brother's Resolutions that when he came to Age he freely and of his own Accord declar'd his Consent to his Uncle's Acceptance of his Brother's Estate which the late Lord Kingston had before very frequently offer'd and earnestly press'd and Sir Robert had as often and obstinately refus'd For when Sir Robert King was going for England in February 1683 4. the present Lord Kingston was pleased to favour him with his Company to Rings-End and on the way the present Lord without any Connexion with their former Discourse addrest himself to his Uncle in these or the like Words Uncle when I was under Age you refus'd to accept of the Estate offer'd you by my Brother but now I am come to Age I freely consent to your Acceptance of it The Truth of this Sir Robert is ready to depose and has also the Testimony of Doctor Horneck to confirm it for in his * Vid. Append No. 10. Dr. Horneck 's Letter Letter to Sir Robert dated Sept. 22. in the Year in which he died he declares That the present Lord Kingston did acknowledge to him that he had given his Consent to the passing his Brother's Estate to his Uncle Yet notwithstanding this so voluntary and so seemingly a deliberate a Tender which the present Lord Kingston made his Uncle of his Title to and Interest in his Brother's Estate Sir Robert King was still scrupulous in Accepting of it until he had stated his Case to Four of the most Eminent Divines in England whom he consulted a-part without Acquainting any one of them of his having had the Advice of any other and had receiv'd their unanimous Agreement in their Opinions of the Lawfulness of his Acceptance of such a Settlement And to convince the Reader that Sir Robert did not as the Libeller most groundlessly suggests State his Case after his own Way but with all Faithfulness and Truth I here produce it in the very Words in which he propounded it to the English Divines as may appear by the Original sign'd by them A. having a fair Estate Two Sons and one Brother dies the Younger Brother having an Estate of Five Hundred Pounds a Year from his Mother's Father Marries about Eighteen an Irish Papist Servant in his Brother's Family on which the Elder desires to settle his Estate after his own Issue on his Uncle and his Issue and cut off the Brother But the Uncle has for some time declin'd the Proposal on the score of Conscience until the Younger's coming to Age who sensible of the Disparagement brought upon his Family by his mean Marriage has desir'd his Uncle to accept the Offer yet still the Uncle continues scrupulous and begs to know whether in good Conscience he may Accept or is bound to Refuse the Estate so offer'd The Younger Brother has by this Girl one or more Sons And they gave their Opinion in the following Words The Case being so as is propounded my Opinion is That the Uncle may with a good Conscience Accept and is not bound by any Rule of Conscience that I know to Refuse such a Settlement John Cestriensis I see no Reason why he may not Accept or why he should think himself bound in Conscience to Refuse the Estate so offer'd John Tillotson I am of the same Opinion Edward Stillingfleet I am of the same Opinion John Sharp Nor is the Libeller less mistaken in what he suggests concerning the Time than in what he says of the Manner of Sir Robert's Stating his Case to the Divines for tho' he intimates that he had not ask'd their Opinions before he had actually accepted of the Estate yet the Truth of the whole Matter is plainly this which Sir Robert is ready to depose Sir Robert going for England in February 1681 4. at his first Landing
there waited on Doctor Pearson then Lord Bishop of Chester and consulted him concerning the fore-mention'd State of his Case who then writ and sign'd his Opinion thereon and when he came to London he discours'd the several other Divines above-mention'd who all concurr'd in their Judgments with the Bishop of Chester before he consented to the late Lord Kingston's leaving him next in Remainder to his Estate But afterwards in his Return for Ireland conceiving it fit to have all their Opinions in Writing he sent the Original Case with the Bishop of Chester's Hand to it to Mr. Raymond who was then in London to get the rest to Sign what before they had declar'd which accordingly they freely did But besides the great and undeniable Evidences I have already produc'd to prove the Falseness of the Libeller's Suggestion That Sir Robert King endeavour'd by all the Artifices he could invent to procure the Disherison of the present Lord I shall mention two which I may reasonably presume are beyond Exception The first is The Testimony of the late Lord Kingston who in his Directions to draw an Answer to his Brother's Case presented to the House of Lords in England declares in a Paper * Vid. Appendix No. 11. The late Lord Kingston 's Paper under his own Hand ready to be produc'd That the first Rise of his Brother's Wife the present Lady Kingston was to be his Poultry Woman's Servant and her greatest to be his Dairy-Maid till she became his viz. his Brother's Spouse And then follow these remarkable Words That it was on this Occasion I settled my Estate from him and his Heirs into a Family of good Extraction and not as he most unjustly says by the Advice and Desire of Sir Robert King my Uncle who was the only Man of all those that knew my Designs that oppos'd so just a Settlement To this may be added the late Lord's * Vide Appendix No. 20. The late Lords Letter to Sir Robert King Letter dated June 29. 1688. in which he says If I could more firmly settle what I have I would and rivet it rather than it should be ever alter'd And if any Testimony in this Case may be imagin'd greater than that of the late Lord Kingston's it must be that of a profess'd Adversary to Sir Robert King and even this I have to produce for Sir Robert's further Vindication For the present Lord Kingston himself after his publickly known and avow'd Marriage and even after his having the certain knowledge of his own Exclusion out of his Brother 's Settlement writ a Letter * Vide Appendix No. 14. The present Lord Kingston 's Letter without date but some time in Summer 1684 to Sir Robert who was then in England wherein he was so far from Accusing Sir Robert of Promoting his unfortunate Marriage or of having done him ill Offices with his Brother or of being an Instrument of his Disherison that he professes a great Respect to him stiles him his dear Uncle and declares It was not want of Duty that he had not waited upon him acknowledges the Kindnesses of his Relations and confesses that bitter Reproaches were due to him from them and that he was resolv'd to live private and retir'd from the Sight of all his Relations and Friends and ends that Letter with seemingly sincere and hearty Promises of perpetual Dutifulness to his Uncle in these words And tho' perhaps you may never see me yet as far as my Power shall ever reach you shall ever find me your Dutiful and Obedient Nephew And now having as I hope very fully answer'd the Libeller's main Objections against Sir Robert King relating to the Discharge of his Office of Guardian to his Nephews and to the Circumstances of the present Lord Kingston's Marriage and the late Lord's Settlement of his Estate the remaining Objections will be more easily dispatch'd For first to what the Libeller suggests against Sir Robert King That he so wrought his Ends with the late Lord Kingston as to get him to settle 600 l. or 800 l. per An. of the New Estate upon him the Answer is plain and easie for 't is very notorious that the Estate which the Libeller means was not settled on Sir Robert King by the late Lord Kingston but by his Father Sir Robert King's Brother And here Sir Robert takes Occasion with all Gratitude to acknowledge his Brother's extraordinary Kindness to him for whereas his own Patrimony was but small his Brother the late John Lord Kingston was pleased to settle on him and his Heirs by a Rentcharge 400 l. per Annum in order to his Marrying an Heiress of an equivalent Fortune and Sir Robert does freely own that after his Brother's Decease his Executors and Trustees did accordingly set out Lands out of the New Estate to the Value of 400 l. per Annum in lieu of the Rentcharge for that Sum on the whole Estate By which the Reader may perceive the Ingenuity of the Libeller not only in Advancing 400 l. into 600 l. or 800 l. per Annum but also in Representing that as the Effect of Sir Robert's Artifice and Influence over his Nephew the late Lord Kingston which was purely the Result of his Brother the late Lord John's Generosity And as to the Objection concerning Sir Robert 's and Mr. Raymond 's Incensing the late Lord Kingston against his Brother on Account of his not Returning the Papers relating to the Mannor of Newcastle which he had got from Dr. Quail the true State of that Matter is plainly this Mr. Raymond being appointed a Trustee by the present Lord Kingston's Grand-Father Sir William Fenton in several Deeds made by him of his Estate in Munster of which Newcastle was a part and having deposited the Writings relating to that Interest in the Hands of his Son in Law Dr. Quail the present Lord prevail'd with the Doctor to send him the Writings that concern'd New-Castle on Promise of Restoring them when requir'd which his Lordship afterwards refusing to do Sir Robert King knowing that the late Lord had a Remainder in that Estate advis'd Mr. Raymond to acquaint his Lordship with the Damage he might suffer by those Papers being detain'd by his Brother and not lodg'd as they ought to be in the hands of the Trustee And this being the plain and whole Truth of that Case the Libeller surely had no reason to represent Sir Robert's Justice to the late Lord Kingston as an ill Office to the present Lord. Nor has the Libeller more reason to reproach Sir Robert King for Advising the late Lord Kingston immediately after the late Revolution to settle and apply Newcastle to pious Uses for tho' that Mannor was left to the present Lord by his Grand-Father Sir William Fenton yet his Lordship being at that time a Forfeiting Person on account of his adherence to and continuance with the late King in France and consequently in no Capacity of Enjoying it and his Brother the late Lord
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