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
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
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
forementioned instances of his Sincerity to lay the whole blame of so disgraceful a Misfortune on Sir Robert King's connivance at it and secret contrivance and encouragement of it which he do's in these following words viz. That presently after Capt. Pach receiv'd the present Lord into his care he discover'd his Lordships affection to the Lady he was afterwards Married to and acquainted Sir Robert King with it and press'd him to send the present Lord immediately to France or to remove her out of the Family to prevent his Marriage or any other consequences that might attend such affection which Sir Robert wholly slighted That Sir Robert cou'd not deny his knowledge of the present Lord's affection to the Gentlewoman he afterwards Marry'd for his Lordship having bought her a fine Scarlet Petticoat with a large Gold and Silver Lace to it which was carried by Mistake to Sir Robert 's house Sir Robert having view'd it said he knew it was his Nephews Present to his Mistress meaning the now Lady Kingston and ordered it to be sent to Boyle to the present Lord without taking any further notice That after the late Lord Robert return'd from France to Ireland Capt. Pach continued to caution the said Sir Robert and the said Lord Robert who was then his Brother's Guardian to prevent the growing Affection of the present Lord to the said Gentlewoman yet notwithstanding this Caution from Capt. Pach and others they suffer'd the present Lord and his Lady to live under the same Roof for above Two Years and an half Capt. Pach still pressing to let him go with his Pupil for France but was deny'd it That when the late Lord sent this present Lord for France Sir Robert knew that this Gentlewoman went with him That notwithstanding the continual Information Sir Robert had out of France from Captain Pach and others of the Intrigues between the present Lord and the Lady he Married yet Sir Robert in his Letter to Raymond seems to charge the Fault on his Nephew whereas he might have easily prevented the same had he not been wanting in his Duty as Guardian and neglected it out of Design Now seeing the Libeller thinks fit so freely and Publickly to own the present Lord Kingston's Misfortune in Marrying a Person very much below him the following Answer may without breach of the Rules of Civility be return'd to this Unjust and Groundless Charge Sometime after the late Lord Kingston began his Travels observations were made and Discourses rais'd of a more than ordinary and suspicious familiarity between the present Lord Kingston and an Irish Papist a Servant in the House at Abby-Boyle which as soon as Sir Robert was acquainted with tho' he was not in the least mistrustful of his Nephews being so mean spirited as to design to Marry her yet being Jealous of his Intentions to Debauch her he not only exprest a Resentment suitable to the Character of a good Man but also took such Measures in that Affair as became the Prudence of a careful Guardian by giving order to Mrs. Horsey the House-keeper a Relation to the present Lord immediately to turn the Girl out of the Family upon which the present Lord Kingston went to Mrs. Elenor Sankey one that Sir Robert had a more than ordinary respect for as being a near Relation to his Lady and then in his House at Boyle and as she has deposed upon Oath * told her with his Eyes full of Vid. Appen Mad. Sankey 's Depos No. 2. Tears that he had a Complaint to make to her which he express'd after this manner There is a poor innocent Girl in the Castle which was an Underling and I saw her a quiet Creature and I desir'd Mrs. Horsey to advance her to be my Chamber-Maid and she did so and immediately Mr. Gosling and some others said she and I were too great but I know the Reason why they are so Malitious She is Honest and wou'd not yield to them in any ill thing and they like unjust People have told my Unkle and he is so incensed against her that he has fully resolved to turn her away and has warn'd her to be gone I know you have great Interest with him and I beg of you to use it now that she may stay And that he and all the World may see my Innocency I will receive the Sacrament to Morrow on it I wou'd not for any thing have the Girl turn'd off and lose her Reputation by me Pray therefore intercede for her to my Unkle Mrs. Sankey does further Depose That on this so earnest an entreaty of the present Lord Kingston she did to the best of her Remembrance speak to Sir Robert King in the Girls behalf but found him so angry and so resolv'd to turn her off that she wou'd not venture to say much to him But his Lordship being very intent on keeping that Irish Girl in the Family and mistrusting Mrs. Sankey's Intercession not to be so prevailing with his Unkle in this affair as that of Dean Cope the Minister of the Parish he immediately made application to him who has Deposed * Vid. Dean Cope 's Affid in the Appendix No. 3. That Sir Robert King having discharged that Person who is now Lady Kingston of her Service in the Family hearing there was too great a familiarity between her and the present Lord his Lordship spoke to him to Intercede with Sir Robert for her continuance in her Service urging that the only way to prove the Report of her being with Child to be a Lye was to let her stay in the Family and that wou'd disprove it but if she was sent away the People at Boyle would conclude it true Upon which the Dean went as he declares to Sir Robert and press'd him to grant what the now Lord desir'd and after some serious consideration Sir Robert was pleas'd out of a tender regard to the present Lord's Reputation and on the House-keepers promise of a greater Watchfulness and undertaking to prevent any such future Familiarities to permit that Girl to continue in her Service And it further appears by the Deposition of Charles Gosling Esq * Vide Appendix Charles Gosling 's Affid No. 4 that Sir Robert King was so far from conniving at the more than ordinary Intimacy between the present Lord and Margaret Cahan the present Lady Kingston that on Mr. Gosling 's acquainting Sir Robert with it he immediately order'd the House-keeper to turn her out of the Family who accordingly did so and that it was by this Lords Means She was taken in again And from that time the Intrigues between the present Lord Kingston and her that is now his Lady were either so long interrupted or so secretly Manag'd that Sir Robert King heard nothing of their renewal till after the late Lord Kingston's return from his Travels and being then acquainted that the former intimacies between them were renew'd Sir Robert prevail'd with the late Lord Kingston in order to
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
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
will be fully vindicated and that it will appear to every intelligent and ingenuous Reader that nothing could reasonably be expected from an Affectionate Uncle from a Faithful Guardian from a Grateful Brother and from a Prudent and Good Man which Sir Robert King has not done for his Brother's Sons the late and present Lord Kingston APPENDIX N o. I. Anthony Raymond Esq his Oath 1. ANthony Raymond Esq came this Day before Me and made Oath That he does not remember that the present Lord Kingston's Father did design and direct that the late Lord Arran and Sir Robert Booth should after his Death be Guardians to the late and present Lord Kingston and that he did not use any Artifice to perswade them to choose their Uncle Sir Robert King for their Guardian nor was he that he remembers ever desired by the said Sir Robert King to move them to it but what he advised in that particular was for their good 2. That he knew of no ill Designs of Sir Robert King on his Nephews but that on the contrary he always promoted their Good and Advantage and that he this Deponent never did enter into Combination with the said Sir Robert Captain Caulfield Doctor Cope Mr. Gosling and Francis Quail to deprive the late or present Lord of their Estates or to do any thing to their Prejudice but was active to promote their Interests as appears by many Instances well known to many 3. This Deponent further declares That he always observ'd a great Zeal in Sir Robert to persuade the late Lord Kingston to an honourable Marriage that he was often employ'd by the said Sir Robert King to bring the same to effect and particularly remembers that being in London the said Sir Robert was inform'd of one Madam Holland an Heiress of an Estate worth 800 l. per Annum old Rent as he remembers near Manchester whereupon he the Deponent with a Friend that had some Interest and Acquaintance in that Family were order'd by the said Sir Robert to visit the Lady and inquire into the Truth of Matters as to her Fortune and Person and from thence this Deponent was directed to go and give the late Lord an account of it then in Ireland which he did accordingly and which so far pleas'd his Lordship that he fully resolv'd to make Court to the said Madam Holland prepar'd for his Journey and pitch'd on Mr. Adam Purdon for his Companion and order'd the Deponent to go before to prepare things which he did but when this Deponent came there he found that the Lady was too far engag'd a Match being as good as concluded on with another 4. That he was by the said Sir Robert King sent into the North to a Place as he remembers call'd Bangor to one Mr. Hamilton as he believes Uncle to the Lady Betty Cromwell to give an account of the late Lord's Estate in order to a Match that was on foot betwixt the said Lord Kingston and the Lady Betty Cromwell and that afterwards being in London the Matter was so far prosecuted that Deeds were a preparing in order to a Conclusion of a Marriage which the said Sir Robert seem'd to this Deponent to be very intent and earnest for but by some occasion it broke off 5. This Deponent further deposeth That he does not remember to have receiv'd any Letter from Captain Choppine bearing date the 17th of June 1684. wherein these Expressions are That the Fire kindled must be kept alive by Sir Robert 's Friends That an Opportunity offers to make him and his Happy I promise he will gratefully reward you c. 6. That he very well remembers That on passing the Accounts of Sir Robert's Guardianship of the present Lord Kingston he the said Lord did freely and of his own accord allow the said Sir Robert King One Hundred and Fifty Pounds for his Care and Charges in the Management of the said Guardianship Ant. Raymond Jurat coram me 15 die Augusti 1698. Ste. Moore N o. II. The Deposition of Mrs. Elenor Sankey ELenor Sankey of the City of Dublin Widow came this Day before Me and made Oath That she this Deponent being at Sir Robert King's House in Abby-Boyle about Christmas which was in the Year of our Lord 1678. the present Lord Kingston applied to her this Deponent in behalf of his now Lady saying that he had a Complaint to make to her and with Tears in his Eyes told this Deponent That there was a poor innocent Girl in the Castle meaning the late Lord Kingston's House who was an Underling and he saw her a quiet Creature and desir'd Mrs. Horsey who was then House-keeper to the said Lord Kingston to advance her to be his Chamber-Maid which she accordingly did whereupon Mr. Gosling and some others said That he the present Lord Kingston and the said Girl were too familiar or too great as the present Lord Kingston then told this Deponent adding that the reason of their Censuring her was because she would not yield to them in any ill thing and that they like unjust People had told his Uncle Sir Robert King who was so incens'd against the said Girl that he was fully resolv'd to turn her away and had given Orders that she should be forthwith turn'd out of the Family This Deponent further deposeth that the present Lord Kingston told her at the same time That he knew that she this Deponent had great Interest with the said Sir Robert King and begg'd her to use it that the said Girl might not be put out of her Service and to let Sir Robert and all the World see her Innocence he would receive the Sacrament the day following on it and further said He would not for any thing in the World have the Girl turn'd off and lose her Reputation by him and begg'd her this Deponent to intercede for her with the said Sir Robert King which she this Deponent did but found Sir Robert so angry and so resolv'd to turn away the said Girl that she would not venture to say much to him about her This Deponent further deposeth That she often heard that the present Lord Kingston was too familiar with Peggy Cahan but never heard nor thought that there was any Apprehension of his Lordship's Marrying her while they were in Ireland That this Deponent often heard likewise that the late Lord Kingston offer'd to settle his Estate upon his Uncle Sir Robert King on Report of Peggy Cahan's being with the present Lord in France or that she was Married to him but that Sir Robert often refus'd any such Settlement tho' she this Deponent heard her Uncle and Aunt Choppine several times press him to accept of it Jurat coram me 11 die Maii 1699. Jo. Ussher N o. III. Dean Cope 's Affidavit DOctor Anthony Cope Dean of Elphin came this day before Me and made Oath That Sir Robert King never requested this Deponent to move the late Lord Kingston to make any Settlement of his Estate
Box of Papers he began to read them the Deponent upon this was very much troubled and to get them out of his Lordship's Hands told it was late and she must go home he bad her go home for that he would take as much Care of the Papers as she could and would put them up when he had done with them She went home to Rockingham and next day went to Boyle to look after the Papers and found some in the Box and some on the Floor but she mist some of the Papers and a Leathern Bag in which she believes his Lordship put the Papers he took away for she saw there was not near so many as she shew'd his Lordship the day before Nola 8 Murphey her Mark. Jurat coram me Octob. 19. 1697. Ant. Cope N o. XV. Mr. Raymond 's Second Deposition ANthony Raymond of Garrane in the County of Cork Esq came before Me this day and made Oath That a little before the Right Honourable Robert Lord Kingston was Married the said Lord Kingston imployed this Deponent to get a Deed of Settlement drawn in order to his Marriage which Sir Robert King Baronet understanding he the said Sir Robert desir'd this Deponent to acquaint his Lordship that by the former Deed of Settlement that he had made the Estate was for want of Issue of his own Body to go to Sir Robert King and his Sons in which Deed there was a Power or Proviso that if the said Lord Kingston should Marry it should be in his Power some Months before and after his Marriage to revoke the said Deed and to make such new Settlement and limit Remainders or Uses as he should think fit by which it was then in his Power to settle the Reversion of his Estate for want of his own Issue on his Brother and therefore desir'd his Lordship would seriously consider whether he was not bound in Conscience to settle it on his Brother and that he should consult some of the Eminent Divines in the City meaning London whether he was not oblig'd in Conscience to settle it on his Brother whilst it was in his Power for that if a new Deed and Settlement were made on his Marriage with the like Uses and Limitations as the other was it would not be in his Power afterwards to alter it or to that or the like effect which Message this Deponent did faithfully deliver unto the said Lord Kingston who bad this Deponent to tell his Uncle meaning Sir Robert King that he desir d him not to give him any more Trouble about it for that he was resolv'd to continue the Settlement as it was and that if his Uncle would not accept of it he would settle it on his Sons or to that or the like purpose Which Answer this Deponent did deliver unto the said Sir Robert King whereupon as this Deponent believeth the said Sir Robert King did acquiesce Ant. Raymond Jurat apud Limerick 2 do die Augusti 1697. coram me Robert Smith Un. Magistr extraordin in Cancell Hiberniae N o. XVI The Deposition of William Teams WIlliam Teams came voluntary before us and deposed on the Holy Evangelists Imprimis That he being Servant to the late Lord Kingston was very well acquainted with Margaret Cahan when she lived with Katherine Nolan Hen-Woman to the said Lord Kingston and afterwards when the said Margaret was Servant to Mrs. Susanna Horsey And this Deponent saith That it was commonly reported that the now Lord Kingston and the said Margaret were too familiar and great and that when Sir Robert King heard thereof he prevail'd with his Nephew the late Lord Kingston to promise this Deponent Fifty Pounds to Marry the said Margaret Cahan purposely that she might be removed from the now Lord Kingston but this taking no effect the said Sir Robert King gave orders to discharge her from Serving in the Family any longer which accordingly was done 2. The Deponent further saith That tho' he lived all the time in the same Family with the said Margaret Cahan yet he never heard that the now Lord Kingston design'd to make her his Wife until he heard that she follow'd him into France 3. The Deponent further saith That the now Lord Kingston was much troubled and concern'd when the said Margaret Cahan was discharg'd out of the Family Will. ✚ Teams The above Depositions were voluntarily Sworn and Signed before us this Seventh of Decemb. 1698. Ant. Cope N o. XVII The Deposition of John Dingwell JOhn Dingwell came voluntarily before Us and Deposed on the Holy Evangelists Imprimis That the late Lord Kingston's Excess in Company-keeping was a great grief and trouble to Sir Robert his Uncle And this Deponent saith That when those Persons who usually frequented with the said Lord Kingston heard of Sir Robert's coming to Visit or Dine with his Nephew the said Lord Kingston they constantly shun'd the said Sir Robert King and would not be seen by him 2. The Deponent further saith That as soon as Sir Robert King heard that his Nephew the now Lord Kingston and Margaret Cahan were too Great and Familiar he caus'd the said Margaret to be turn'd out of her Service and said that if ever afterwards he heard of her being in Boyle that he would cause her to be severely Punish'd John Dingwell The above Depositions were voluntarily Sworn and Sign'd before Us this 7th of Decemb. 1698. Andrew Blackburn Anthony Cope Gilbert King N o. XVIII The Deposition of Mrs. Mary Choppine THe said Mary Choppine came this day before Me and made Oath That her only Daughter being Married to Sir Robert King she this Deponent was often with them at Boyle and Rockingham and took notice of the great Care and Kindness Sir Robert had for both his Nephews but more particularly for the present Lord Kingston for whom Sir Robert seem'd to have a more tender Affection which this Deponent believes he had till his Brother the late Lord was gone to Travel and that her Son Sir Robert had heard of the present Lord's being too kind and familiar with a Girl called Peggy Cahan an under Servant in his Brother's House This Deponent further Deposeth That on Sir Robert's hearing of it he as this Deponent was credibly inform'd sent to Mrs. Horsey the House-keeper who was a Kinswoman of the present Lord's by the Mothers side to have the said Girl turn'd out of her Service but the present Lord procur'd her stay as this Deponent verily believes and has heard from those his Lordship employed about it This Deponent further deposeth That she did not at that time hear nor did she in the least think or believe that the present Lord had any design of making Margaret Cahan or any such Person his Wife And this Deponent further deposeth That when the late Lord Kingston heard that the said Margaret Cahan was with his Brother in France he was so much offended that he resolved to disinherit him and settle the Estate on his Uncle Sir