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 Sprig, Anthony Cope, Dean of Elphin, Anthony Sheppard, Mrs. Choppyne, Thomas Twig, Garreit Misset, Cap. Samuel Pash, Dean Francis Quail, Lady Kingston, Mr. Rochfort, Sir— St. George, Arthur Cooper, James Johnson, John Reading, William Palmer, Henry farrel, 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, etc. WHILST some of those whom Sir Robert King thought he had obliged to be his Friends, expressed their Unkindness to him in reproachful Discourses only, he judged it unnecessary to return any Formal Answer to them in Writing; believing his own Reputation so well Established in the World, as to be a sufficient Defence against the most violent Efforts of that nature: But seeing those severe Reflections that were passed on him (tho' as unjustly raised, as industriously spread abroad) are lately formed into a Libel, and publicly appear against him under the Specious Title of Materials, for a Bill of Discovery against Sir Robert King, etc. He thought himself obliged 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 returned 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 Judgement of all candid and ingenuous Men. The confused Materials of this pretended Bill of Discovery may be reduced 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 designed 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 boil, Sir Robert King, by his Accomplices, particularly Usum Raymond, persuaded the late and present Lord to choose him for their Guardian.— That by Contrivance of the said Raymond, Sir Robert got all the Patents, Rent-Rolls, etc. into his Hands, and picked out such Instruments out of his Brother's Agents, Stewards, etc. 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 trusties, and always an Opposer of the Designs of Sir Robert, was bought off from Acting; That Sir Robert never returned 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 removed 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 persuaded to go abroad, Sir Robert would not permit the present Lord to Travel into France with his Brother, tho' earnestly desired with Tears; nor would send him over to him, tho' his Brother writ frequently and pressingly for him, and sent Captain Patch 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 turned off by Sir Robert 's Orders, and a Boy preferred to wait on him, who was not capable of serving him, nor of seeing any ill designs that were formed against him; That on Sr. William King 's taking notice of, and expressing a concern for his ill usuage there, he was removed thence, on a pretence that Sir William King designed to Marry him to his Daughter; That being brought to Boil 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 boil. That being sent to the College, he was within some few Months after his Admission removed 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 placed it on the late Lord Robert, who was then but just Twenty one Years of Age. To all which the following Answer is returned: 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 formed any such Design; and that after his Death (there being no Guardian named in the Will) most of all the trusties, and particularly that very Capt. Blackwell, whom the Author of the Materials represents to have been always an Opposer of Sir Robert 's designs, persuaded Sir Robert to take upon him the Guardianship of the late and present Lord, not mistrusting that the choice of such a Person would (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 boil, he did not, 'tis probable on those accounts, judge him unqualified to be Guardian to his Sons, especially if it be considered, 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 entreated him to Travel with the late and present Lord, thinking that they would be more safe under the care of Sir Robert, than of any other person: And as Sir Robert does declare, that he never employed Mr. Raymond to persuade the late and present Lord Kingston to accept of him for their Guardian, (the truth of which Raymond has declared 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 Nephew's 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 trusties, 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 discharged that Trust with so much faithfulness as might, if not merit their acknowledgements, 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 testify the due sense his Lordship had of his Uncle's 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 uneasy and surprising 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 Libelers 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 Father's faithful Friends, and employing his most knowing and trusty Servants in their business, (which in the opinion of all indifferent Men, would be accounted a Mark of respect that Sir Robert paid to their Father's Memory, and the best measures he could take for the advancement of their Fortunes, and the surest proof he could give of the uprightness of his intentions) should be objected to him as a Contrivance to carry on his own Designs against them; for certainly these persons might with much more show of reason, be judged 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 employed 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 trusties, as the fittest Person to manage the Estates of both his Children in Munster: So that it happens very unluckily to the Libeler, 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, should not only be constantly employed, and much approved of by their Father and Grandfather, during their Lives, but also Bequeathed (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 Improved the present Ld. Kingston's Estate: For, whereas it was not worth 400 l. per an. at the time of his Father's Death, it was raised 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 Father's Death, compared 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 proved) Sir Robert King's employing Mr. Raymond in the concerns of both his Nephews, is abundantly justified, so what is objected concerning his Acting without the Concurrence of the other two Executors, will be fully cleared, if we consider that the late Lord Kingston, who was named First Executor in his Father's Will, was at the time of his Father's Death, and for some Years after, in his Minority; and on that Account was not so properly qualified to Act; and that the late Lord Chief Justice Povey, who was the other Executor, had not leisure, by reason of the Public 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 approved 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 endeavouring 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 wronged by him; for he having claimed a greater Debt than was really due to him, and Sir Robert refusing to pay it, the Controversy was referred 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 Libeler 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 returned a perfect Inventory and Account into the Prerogative Court, and there, if the Libeler be pleased to make a Search, he may better be Informed what reason he has Verily to believe that Sir Robert did never make any such return into that Office. Nor is the Libeler less mistaken in what he says concerning Sir Robert's getting into his hands all the Patents, Deeds, Rent-Rolls, etc. belonging to John Lord Kingston, for they never were in Sir Robert 's hands, but were still lodged with Mr. Raymond, as with a Person who knew the matters contained in them more perfectly, and could 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 passed upon him by the Libeler, 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 Brother's Will, etc. 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 showed 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 Father's 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 employed his whole Interest and Authority to restrain his too eager Prosecution of them; and within a Year his Lordship was prevailed upon, by his Uncle'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 Libeler, Sir Robert never received 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 Patch 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 Libeler says, press his Uncle, and perhaps with Tears, to send him along with the late Lord Robert, but was denied; 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 fond to gratify 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 acquired 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 than celebrated School at Charleville; and instead of his Trusty Servant, Roger Brennan, as he is called in the Materials, (who had left the Family before John Lord Kingston's Death, and who afterwards declared himself a Papist) Sir Robert appointed an honest Protestant Youth to attend him; and ordered Mr. Raymond, who lived 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 discoursed: And tho' the Libeler intimates that Raymond himself was the Author of that Story, (being, as he alleges, provoked thereto by Sir William King's kind reception of the present Lord at his House, and his resentment of his Lordship's ill usage by Raymond at Charleville) yet Sir Robert does 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, furnished 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 gratify the Extravagancy of his Temper. And Tho' Sir Robert does not question Sir William King's kind concern for, and obliging Treatment of the present Lord Kingston at his House, yet he does not know of any Liberty he gave him of Courting his Daughter, much less of his designs of Marrying her to him: However Sir Robert does acknowledge, that though the present Lord Kingston's Matching into so Worthy a Family, and with a Lady so excellently accomplished, and of so considerable a Fortune, was a thing that would have been very acceptable to him; yet, if there had been such a design, the consideration of the great disparity of their Years, and the reflections that might justly be passed on him on that occasion, would have made him unwilling to promote so unequal a Marriage; for that Lady who was judged no unfit Match for the Father, and was to have been Married to him, if his unexpected Death had not intervened, could not reasonably be thought a proper Wife for the Son, who was then but 17 Years of Age; and therefore Sir Robert, on notice given him of that Report (how groundlessly soever raised) thought it Prudent to remove the present Lord Kingston from Charleville to Abbyboyle, where he remained till he was entered into the College at Dublin, from whence he was indeed much too soon removed, not, as is suggested, in order to the giving him opportunity to Prosecute his dishonourable Amour, but in compliance with his earnest desires of going into the Country for the recovery of his Health; and to prevent any loss of his time there, Sir Robert laid out for a Tutor for him in the House, and consulted the present Lord Bishop of Waterford (who had been Tutor to him and his Brother in the College) in the choice of one who recommended Mr. Lightburn to that Office, under whose Tuition he continued at Abbyboyle, near Sir Robert's House, plentifully accommodated with all conveniencies without any Charge to him. The Author of the Materials is pleased to discover some Secret mis-spending of my Lord's time with his Tutor, by playing at Cards, and keeping Idle Company, on purpose to cast a Reproach on his Uncle; Yet as those that knew Mr. Lightburn, will be apt to judge that he was not so as he is represented, so every Considering man knows that this Suggestion, tho' true, can be no just Reflection on Sir Robert's care of his Nephew; for no Guardian is accountable for the secret irregularities of his Ward, they being of such a Nature, that no care can prevent 'em, no Guardian but a Guardian Angel can always discover them, and no Advices nor Example, without the Grace of God, can effectually restrain them. To what is objected by the Libeler concerning the present Lord Kingston's losing Captain Holcroft's Estate of 400 l. per annum, by Sir Robert King's neglecting to expend 300 l. for securing it, when he and Raymond had 1500 l. of the present Lord's Money in their hands, and Captain Chopine 's buying that Estate by Sir Robert 's advice, Sir Robert returns this Answer, That he was so far from advising Cap. Chopine to Purchase Holcroft's Estate, that he never knew of his having any designs that way, till he understood by Council that the present Lord's Title to that Estate was Null; and tho' Holcroft's Estate might perhaps have been sometimes worth 400 l. per an. yet before Chopine had any deal with him, * See Tho. Yeeden 's Affidavit. Appendix. No. 19 he had sold all but 80 l. per an. which is the whole that Chopine ever Purchased from him: And further Sir Robert does declare, That neither he nor Raymond, as he verily believes, had ever so much as four hundred Pounds, much less 1500 l. at one time, of the present Lord's Money in their hands: The charge of his Education, and the Law-Suits, (by which his Estate was so considerably improved) together with his own Expenses, which were very large, usually Exhausting the greatest part of the Yearly Income of his Estate, as is plain by Raymond's Accounts. * See also Appendix. No. 21. An Account stated by the present Lord Kingston. And further says, That before the Deeds relating to Holcroft's Estate were questioned, Sir Robert had given up his Guardianship of the present Lord, and transferred it to his Brother, and never afterwards intermeddled with his Estate. As to the only remaining objection relating to Sir Robert's Guardianship of the late and present Lord Kingston, which, in the Libelers Phrase is, Sir Robert's shifting off the Guardianship of the present Lord, to avoid giving an Account of his Trust, which he had broken in several particulars, and placing it upon the late Lord Robert, who was then but just Twenty one Years of Age. The Answer in the behalf of Sir Robert is, That as the Resignation of his Guardianship, and delivering it to the late Lord Kingston, did not in the least exempt him from being Accountable to the present Ld, for the former discharge of his Trust; so Sir Robert having neither made nor designed the least advantage to himself by the management of his Nephew's Estate, he had no reason to fear the strictest Examination of his Accounts; but he must acknowledge that the successfulness of his care in the Education of the present Lord, made him willing to embrace so fit an opportunity of being quit of his Trouble; and he does declare, that as the sole design of his taking on him the Guardianship of this present Lord, was the promoting of his good; so the end of resigning it, was the preventing of his Ruin; for being advised that the Deeds relating to the present Lord's Estate were defective, and that the Title to them might probably be vested in the late Lord Kingston, as Heir at law, he was fully persuaded that the best Measure he could take for the Security of the present Lord's Fortune, was to place him under the care and Tuition of his Brother, being confident, that tho' the present Lord's misbehaviour might abate the late Lords affections to him, yet it could not the Sense of his own Honour; and that he never would have deprived his Ward of that which perhaps he would not have yielded to his Brother, but would rather have quitted his legal Title to that Estate, than have done any thing misbecoming the Character of a Guardian. And now after all the forementioned signal instances of Sir Robert King's care of the present Lord Kingston's Person, Education, and Fortune, let every indifferent person Judge what ground the Libeler had for casting that Scandalous Reflection on Sir Robert King, in saying, That for the space of five Years that this Lord Kingston remained at boil, under Sir Robert 's Eye, and under Mr. Lightburn 's Care, he never made Enquiry after his Studies, or any thing that tended to his good. I Proceed to the Second Part of the Libelers Materials for a Bill against Sir Robert King, etc. relating to the Circumstances of the Present Lord Kingston 's Marriage with his Lady. The Author of these Materials, being sensible of the many considerable disadvantages the present Lord Kingston may lie under on account of his having Married an Irish Woman, a Papist, and one of the meanest of the Servants in his Brother's House, is pleased, according to the forementioned instances of his Sincerity, to lay the whole blame of so disgraceful a Misfortune on Sir Robert King's connivance at it, and secret contrivance and encouragement of it; which he does in these following words, viz. That presently after Capt. Patch received the present Lord into his care, he discovered his Lordship's affection to the Lady he was afterwards Married to, and acquainted Sir Robert King with it, and pressed 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 could not deny his knowledge of the present Lord's affection to the Gentlewoman he afterwards Married; 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 viewed it, said, he knew it was his Nephews Present to his Mistress, meaning the now Lady Kingston, and ordered it to be sent to Boil, to the present Lord, without taking any further notice. That after the late Lord Robert returned from France to Ireland, Capt. Patch 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. Patch, and others, they suffered the present Lord and his Lady to live under the same Roof, for above Two Years and an half; Capt. Patch still pressing to let him go with his Pupil for France; but was denied 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 Patch, 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 Libeler thinks fit so freely and Publicly 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 returned to this Unjust and Groundless Charge. Sometime after the late Lord Kingston began his Travels, observations were made, and Discourses raised, of a more than ordinary and suspicious familiarity between the present Lord Kingston and an Irish Papist, a Servant in the House at Abbyboyle, 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 expressed 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 Housekeeper, a Relation to the present Lord, immediately to turn the Girl out of the Family, upon which the present Lord Kingston went to Mrs. Elinor 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 boil; 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 expressed 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 desired Mrs. Horsey to advance her to be my Chambermaid, 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 Malicious, She is Honest, and would not yield to them in any ill thing, and they (like unjust People) have told my Uncle, and he is so incensed against her, that he has fully resolved to turn her away, and has warned 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 would not for any thing have the Girl turned off, and lose her Reputation by me; Pray therefore intercede for her to my Uncle. 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 resolved to turn her off, that she would 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 Uncle 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 Lie, was to let her stay in the Family, and that would disprove it; but if she was sent away, the People at boil would conclude it true: Upon which the Dean went (as he declares) to Sir Robert, and pressed him to grant what the now Lord desired; and after some serious consideration, Sir Robert was pleased, out of a tender regard to the present Lord's Reputation, and on the Housekeepers 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 ordered the Housekeeper 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 Managed, 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 renewed, Sir Robert prevailed with the late Lord Kingston, in order to 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 confirmed 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 Abbyboyle, did endeavour to get one William Teams, than 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 prevailed on to accept of him for her Husband. About this time, or soon after, that Laced Petticoat (which the Libeler 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 called) and Sir Robert perceiving the Mistake, sent it to Boil to the present Lord Kingston; but was so far from saying (as the Libeler very groundlessly alleges) 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 imagine it to be designed for her, but on the contrary, Sr. Robert told Mr. Gosling that he believed 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 received and believed the News of her being gone to live with her Friends in another part of the Kingdom; which, as appeared 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 Libeler 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 should 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 Libeler to the contrary) it was not without great Difficulty, and after about a Years Importunity that his Lordship consented to it; and accordingly he sent his Brother to France, under the Tuition of Captain Patch: But soon after their Arrival at Paris, the late Lord Kingston and Sir Robert King, to their great Trouble and Surprise, 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 formed 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 conceived against his Brother, that he earnestly entreated, and at length prevailed 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 dispatched away with Letters, and Advices from them both to this present Lord, then in Paris, to signify their Resentments, and to dissuade 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 Threaten of being disinherited if his Lordship would not be advised: All which the Doctor delivered 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 incurred his Brother's and Uncle'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 informed of the Woman's being still in Paris, but within a while he found out her Lodging, and surprised her in it; and at his next meeting with the present Lord, not only acquainted him with the Discovery he had made, but also assured him of the fatal consequences of so Dishonourable an Amour, at which the present Lord seemed extremely concerned, and withal told the Doctor, that his Passion for her was so great, that he could not allay it. Soon after this, the Doctor having brought his Business to so unhappy an Issue, returned 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 forementioned Particulars it does 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 turned 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 employed to intercede in her behalf, and on the Promise the Housekeeper (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 endeavoured to persuade a Servant in the House, on Promise of a considerable Portion, to Marry her: And further, that on Intelligence given by Capt. Patch, of her being with the Present Lord in Paris, he prevailed 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 Libeler 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, could not have used more hearty Endeavours, nor taken more prudent Measures to prevent so lasting a Disgrace to a Nobleman and his Family, than Sir Robert King has done. And as these many Evidences already produced will be abundantly sufficient to every unprejudiced 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 Libeler himself of the Falsehood 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 complained 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 offered 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 suffered many Difficulties and Hardships on that Account, before his Affection to her (which, he said, grew up with his Years) could have produced a Marriage. By which we may perceive, that the Libeler 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, prevailed 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 Libeler 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 Entail of Michelstown, and desired him to provide for it, but privately. From whence it is inferred, That there was an Entail on Michelstown, and a Design to cut it off, tho' they were afraid to do it publicly: 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. Chopine, in Trinity-Term 1682. to levy Fines and Recoveries of the old Estate of boil, 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 signify 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 outlive 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 hindered his own Marriage, and excluded his Brother. That Sir Robert left this Deed drawn in Captain Chopine '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 Manor 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 resolved to settle the Estate he has from his two Grandfather's, so that it shall not be in his Brother's Power to set it from his Posterity. That this Deed being disliked 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, expressed 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 named next in Remainder after the late Lord Robert 's, excluding the present Lord without Power of Revocation, the said Lord Robert having been plied with Company, at the Tavern, for Eight Days together, and continually incensed against his Brother, while the Deed was preparing, till 'twas perfected. That the late Lord declared to his Lady, that he was sorry he had settled the Estate on Sir Robert King; that if he could, he would 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, Filled 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 should come within the Law, and the Remainder to Sir Robert King, which was proved by three Witnesses. That Sir Robert King Opposed the present Lord's Passing his Pardon, and Reversing his Outlawry; and when his Endeavours proved 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 Entered 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, used means to suppress them; but being Unsuccessful, he raked what Witnesses he could, to prove them Supposititious, to bring the present Lord into Infamy, and to Ruin 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 inferred, that he had his Designs all along on the Lordships of boil and Michelstown. And that because the Deed of December 1684 was revokeable, Sir Robert, or Captain Chopine, to get an absolute Deed, proposed 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 shows 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 Entail 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 Libeler 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 alleged by the Libeler, 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, etc. Sir Robert does say, That he never spoke one Word to Mr. Sprigg to that intent. And (as the Libeler himself acknowledges) Mr. Raymond (whom he is pleased to style 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 Libeler, do plainly prove it to have been solely of Captain Choppine's preparing, and directly contrary to Sir Robert's Sentiments, he having opposed the Making of any such Settlement of the late Lord Kingston's Estate as should be Irrevokeable; and having also often declared, as Raymond affirms in his Letter, * Vid. Append. No. 8. The Substance of Mr. Raymond's Letter, as in the Materials, etc. 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 urged in his Letter to Captain Chopine) 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 Chopine '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 Chopine 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, produced by the Libeler) 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 boil, etc. Now, to show 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 declared his Abhorrence of so disgraceful a Design, I shall produce some Passages out of his Lordship's Letter * Vid. The present Lord Kingston 's Letter in the Append. No. 9 to Mr. Gosling, dated from Paris May the 23 d. (without mentioning the Year) wherein he severely Reprimands his Friends for their unworthy Reflections on his Veracity and known Wisdom, in believing him Guilty of such an Action as would render him not only a Person of great Imprudence, but also of a profligate Reputation; the Woman whom they supposed him to have Married, being not only very much beneath him, but also one whom he had very solemnly disowned by Oaths and Imprecations; for thus he expostulates with them on this Occasion in that Letter; Would that be the Effect of one who was counted Wise, to play the Fool to go Marry a Scullion, tho' he loved her never so well. And then complains of the hard Usage he had met with from his Friends, that tho' he damned himself to the Pit of Hell, he must never be believed; but that Bridget 's and Will is Words must go before his Oaths: And threatens Mr. Gosling, that except they send him some Recompense for the Injury they had done him, by their unworthy and dirty Thoughts, he would never forgive them. By all which we may perceive, as far as Words are expressive of men's Thoughts, that the present Lord Kingston, by his Letter to Mr. Gosling, did abundantly confirm the Truth of what Sir Robert King writ to Doctor Quail, viz. That his Lordship could not think Pegg Cahan 's Children fit to Inherit boil. But his Lordship being sensible how little Credit Lovers generally gain to their most solemn Abjurations of their Mistresses, was pleased to make use of his Wit to support the Reputation of his Veracity; and therefore the more fully to convince his Friends of the Sincerity of his Protestations against so dishonourable an Amour, and the more effectually to divert them from Entertaining any jealous Apprehensions of him for the future, he thought fit, besides the forementioned Letter to Mr. Gosling, to write one of another strain to Sir Robert King; the purport of which was, to acquaint him of the late Lady Donegall 's being then in Paris; of his Intimacy with her; of the Marks of Favour he received from her; and of his full Assurance of Success, if he should make his Addresses to her Ladyship: he alleged the greatness of her Estate as abundantly compensating for the disparity of their Years, which he did not think so considerable as might reasonably make him to despair of having Children by her; but withal, declared so great a Respect for his Uncle, and Deference to his Judgement and Advice, that he would not attempt a matter of that Consequence without his Privity and Consent. This Letter and other Papers were by unwarrantable means got, by the present Lord Kingston, out of the hands of Sir Robert's Housekeeper at boil, in his Absence, in the time of the late Troubles. * See Append. N. 14. Nola Murphey 's Affidavit. The Effect of this Letter was what the present Lord Kingston wished for, and intended by it; for by this plausible but delusive Pretence, all his Friends in this Kingdom were drawn into a firm Persuasion of his having no Design of Disparaging his Family, by Marrying that Irish Servant-Maid, since he now seemed with some earnestness to desire, and with impatience to wait for his Uncle's Consent to his Courting a Lady of considerable Quality and Fortune: Sir Robert King indeed could not approve of this Courtship, and therefore out of the regard he had to his Nephew's Advantage, and the Apprehension of the World's just Censure on himself, if he should promote so unequal a Match, which gave so little Prospect of Children, he did by his Letter to him declare his utter dislike of his Design, and used several Arguments to dissuade him from it; but in the mean time, he had so entire a Confidence in the Sincerity of his Nephew's professed Intentions (with his Friend's Allowance) to make his Addresses to her Ladyship, that Sir Robert declared to his Friends, and particularly to his Grace the present Lord Primate, (not without some Transport of Joy) that now he was fully convinced that Jack (for so he was used familiarly to call the present Lord Kingston) was not Married to Peggy Cahan. Yet notwithstanding Sir Robert's steadfast Belief of the Truth of his Nephew's Professions, he thought it prudent, for the Vindication of his Honour, and for the effectual preventing of his disgraceful Marriage, to send an Instrument to be signed by the present Lord, the purport of which was, a solemn Declaration of the Falseness of the Report of his being Married to Margaret Cahan, and of his free Consent to his Brother's Excluding him, and his Heirs by her, in the Settlement of his Estate, in Case he were then, or should afterwards be Married to her, etc. The Words were these, (as the Libeler himself sets them down) The Report of my being Married to Margaret Cahan is so far false, that I am willing, and do hereby freely consent, That my Brother, Lord Baron of Kingston, in making the Settlement of his Estate, do exclude Me, Her, and all the Children I shall have by her: But as I sign this to give my Brother and the World Satisfaction that I am not Married to her; so I desire, in Requital, in making the Settlement, I may have such a place in it as the Laws of GOD and Man appoint, viz. That I and my Heirs may Inherit next, and immediately after my Brother, and his Heirs: To this I freely Sign, as Witness my Hand and Seal this— being present, etc. Now, as the Framing and Sending this Instrument was sincerely designed by Sir Robert King, as an effectual Means to prevent the Disgrace of his Family; so he did not question but that it would have been both kindly accepted, and freely signed by the present Lord Kingston: For Sir Robert being possessed with a firm Belief of the Sincerity of his Nephew's Professions, could not imagine that he who had so earnestly desired his Consent to his Courting the Lady Donegall, and in the aforesaid Letter to Mr. Gosling, had so grievously complained of the unworthy and dirty Thoughts of his Friends, in suspecting him Married to so mean a Woman as Margaret Cahan, would decline so Prudent, and sure an Expedient, of preventing such dishonourable Sentiments of him for the time to come, much less, that he would ever represent it as a Grievance to give that under his Hand, by his Uncle's Advice, which he had so often and so freely Sworn to many others, and had (as he himself expresses it in that Letter) Damned himself to the Pit of Hell, for the Confirmation of its Truth. By all which it may appear, with what Justice the Libeler Taxes Sir Robert King with knowing that the present Lord Kingston was Married, when he sent him the Instrument to Sign; seeing he had then not only the Word and Honour of a Man of Quality, but also the Faith of a Christian, given in the most solemn manner, to engage him to believe the contrary. And that which abundantly vindicates Sir Robert King from the libeler's farther most scandalous Suggestions concerning this Instrument, is the Manner of his Transmitting it to the present Lord Kingston: For if Sir Robert had been conscious of the Unreasonableness of his Nephew's signing that Paper, or had intended, as the Libeler insinuates, to Wheedle him into a Consent of his Brother's making a new Settlement, and to the laying aside the old Intails, (as the Libeler calls them) in Munster and Connaught, wherein the present Lord had Remainders, immediately after the Death of his Elder Brother: If Sir Robert King, I say, had had any such fraudulent and circumventing Design, he would not surely have sent the Instrument enclosed in a Letter into England, to the present Lord's Grandmother, the Lady Wimbaldon, in order to be showed to, and signed by her Grandson: And as the Libeler does freely own, that this Paper was showed to the present Lord Kingston by his Grandmother; so he does not so much as pretend, that her Ladyship, or any other of his English Relations, or Friends, did either reflect on Sir Robert King for sending it, or thought it improper for his Lordship to Sign it: For tho' he tells us that his Uncle, Sir Thomas Bernardiston, Feed a Lawyer, who was of Opinion, that it was dangerous for the present Lord to Sign it, whether he was Married or no; yet Sir Robert King having never heard of any such Advice being given his Lordship, nor ever received any such Intimation from the Lady Wimbaldon in her Answer to his Letter, has reason to believe it to be an Excuse, purposely framed by the Libeler, in order to conceal the true Reasons of the present Lord Kingston's Refusal to Sign the said Instrument. It has indeed been sometimes the Fate of some of the Nobility, both in England and Ireland, by reason of the Smallness of their Estates, and for the Support of their Honour, to Marry into Families much inferior to their own; but then the Largeness of their Lady's Fortunes had made some Compensation for the Meanness of their Descent; and the Protestants of Quality, even in Ireland, have had so due a Regard to the English Extraction, and so warm a Zeal for the Protestant Religion, that few can be found that have contracted Marriages with any Irish Papists, tho' of the greatest Families, and Estates; but no single instance, I believe, can be given of any Protestant Gentleman, of Noble Blood, and of English Descent, (except the present Lord Kingston) who, with great Deliberation, and against the repeated Advices and earnest Endeavours of all his Friends and Relations, for several Years together, Married an ordinary Servant Maid, and an Irish Papist. And the late Lord Kingston was the more sensibly affected with this Calamity, and more provoked with his Brother's Disgracing himself, by that ignoble Marriage, because the Woman he had made Choice of for his Wife, was not only a Papist by Profession, and of mean Irish Parentage, and in a low Station amongst the Servants of his own Family; but was also one who had neither Charms of Beauty, nor gentile Behaviour, nor Agreableness of Conversation, to engage his Affections; for tho' it may reasonably be hoped, that the present Lady Kingston is a well accomplished Lady, as having, for these several Years past, had all the Advantages that the Court of St. Germains could afford, for Improving her to a Degree answerable to her present Quality; yet certainly, all those that knew Margaret Cahan, when she lived a Servant-Maid in the late Lord Kingston's House at Abbyboyle, must acknowledge that she was then very far from having any Accomplishments, either of Body or Mind, to recommend her as a Wife to any Gentleman: And therefore, tho' the present Lord was so far carried away with an unaccountable Passion, as to Marry a despicable and homely Woman, as she then was; yet it might reasonably have been expected, that one who had been counted Wise, should have demeaned himself towards his offended Brother, and the rest of his Relations, with so much Modesty and Respect, as might have testified a deep Concern, not only for his own Misfortune, but also for the Dishonour he had done his Family. But, on the contrary, he was so far from taking such prudent Measures, as might possibly at last have recommended him to his Brother's Favour, that immediately after the late King Jame's Accession to the Throne, he did not only publicly expose his Brother's Honour, and his Uncle's Justice, in a high reflecting Petition, which he preferred to the King, and in his Address to the House of Lords in England; but did also, within a while after, to the unspeakable Grief of the late Lord, and all his Relations, openly Renounce the Protestant Religion, and declared himself a Papist, and merited so highly of the Popish Party, and became so speedily famous for his Zeal, that he was advanced to the Dignity of being one of the Gentlemen of the Privy-Chamber to the late King James. All which disobliging, scandalous and dishonourable Actions of the present Lord, immovably fixed and confirmed the late Lord Kingston in the former Resolutions he had taken, of Disinheriting him, and Settling his Estate upon his Uncle, and the Heirs Males of his Body. Now, because the Odium of the late Lord Kingston's Displeasure against his Brother, is by the Libeler wholly cast on Sir Robert King, and the Disherison of the present Lord is supposed by him (tho' without the least show of Proof) to have been first framed at Sir Robert's Instigation, and brought about by his Contrivance, I shall, in order to a full Vindication of Sir Robert's Innocency in this whole Affair, produce the Testimony of such Gentlemen, as, by their personal Knowledge of all Matters relating to the late Lord Kingston's Settlement of his Estate, are most fitly qualified to give their Evidence, and, by their established Reputation for Integrity, are the most Credible Witnesses in what they do attest. The first Person that I shall mention, is the Reverend Doctor Francis Quail, who not only attended the late Lord Kingston in the Capacity of a Tutor, for about a Year before his Father's Death, but continued in that Station for many Years after, and accompanied him in his Travels into France, and had also the present Lord Kingston committed to his Care, for some time, by Sir Robert King, Uncle and Guardian to them both. The said Doctor Quail does declare, and has deposed upon Oath, * Vide Dr. Quail 's Affidavit in the Append. No. 10. That he always observed in Sir Robert King a great Care of, and Affection for, the late Lord Robert, and present Lord John: And that the said Sir Robert, at the time of sending the late Lord Kingston abroad, being pressed by some Friends, to permit the present Lord to accompany his Brother in his Travels, refused to consent thereto, saying, It was not fit to expose them both together to the Hazard of the Seas, and Foreign Parts. And does further declare, That he always observed a Backwardness in Sir Robert King touching such a Settlement in Exclusion of the present Lord; and he verily believes the said Sir Robert never did, either by himself, or any other Person or Persons whatsoever, persuade or solicit the said late Lord to make such a Settlement; and that the said Sir Robert sent him to the said late Lord, to signify his, the said Sir Robert 's dislike of it, and to dissuade him the said Lord Robert from making thereof; which Message the Doctor delivered 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 deposed, * 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 enraged at him, that he soon after resolved 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 advised 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 professed 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 judged 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 Grandfather, Sir William Fenton, which he then enjoyed, amounted to 600 l. per Annum, which, to any impartial Judgement, will pass for more than a competent Inheritance for the Children of such a Mother. And tho' the late Lord Kingston showed a just Displeasure at his Brother's disgraceful Marriage, by Disinheriting his Issue by the Irish Servant-Maid, yet he expressed 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, etc. 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 acknowledged to have been a Scullion, should be barred 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 Steadfastness of those his Brother's Resolutions, that when he came to Age, he freely, and of his own Accord, declared his Consent to his Uncle's Acceptance of his Brother's Estate, which the late Lord Kingston had before very frequently offered, and earnestly pressed, and Sir Robert had as often, and obstinately refused: 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 Ringsend, and on the way, the present Lord, without any Connexion with their former Discourse, addressed himself to his Uncle in these, or the like Words, Uncle, when I was under Age, you refused to accept of the Estate offered 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 apart, without Acquainting any one of them of his having had the Advice of any other) and had received 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 Libeler 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 signed 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 declined 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 desired 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 offered. 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 offered. John Tillotson. I am of the same Opinion. Edward Stillingfleet. I am of the same Opinion. John Sharp. Nor is the Libeler 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 asked 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, than Lord Bishop of Chester, and consulted him concerning the forementioned State of his Case, who then writ, and signed his Opinion thereon; and when he came to London, he discoursed the several other Divines abovementioned, (who all concurred in their Judgements 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 declared, which accordingly they freely did. But, besides the great and undeniable Evidences I have already produced, to prove the Falseness of the libeler's Suggestion, That Sir Robert King endeavoured, 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 produced, 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 opposed 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 altered. And if any Testimony in this Case may be imagined greater, than that of the late Lord Kingston's, it must be that of a professed 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 publicly known and avowed 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, styles 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 resolved to live private, and retired 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 answered the libeler'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 dispatched. For, first, to what the Libeler 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 easy; for 'tis very notorious, that the Estate, which the Libeler 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 trusties 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 Libeler, 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 Manor 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 Grandfather, 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 prevailed with the Doctor to send him the Writings that concerned Newcastle, on Promise of Restoring them when required, which his Lordship afterwards refusing to do, Sir Robert King, knowing that the late Lord had a Remainder in that Estate, advised Mr. Raymond to acquaint his Lordship with the Damage he might suffer by those Papers being detained by his Brother, and not lodged (as they ought to be) in the hands of the Trustee: And this being the plain and whole Truth of that Case, the Libeler 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 Libeler 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 Manor was left to the present Lord, by his Grandfather, Sir William Fenton; yet his Lordship being at that time a Forfeiting Person, on account of his adherence to, and continuance with the late King in France, and consequently, in no Capacity of Enjoying it, and his Brother, the late Lord Kingston, having Pretensions to that Estate, (as being in Remainder in the Settlement, as well as Heir at Law) Sir Robert's Advising the late Lord to dispose of it to the Poor, cannot reasonably be interpreted as an Injustice or Disservice to the present Lord Kingston. Nor is Sir Robert King solicitous to make any Defence for his Opposing the Reversal of the present Lord's Outlawry; for his Lordship having, not only some Years before the late Revolution, publicly renounced the Protestant Religion, but also for some time since professed himself a Papist, and having left his Lady and Children in France, as Hostages of his firm Adherence and Fidelity to the late King, Sir Robert thought himself obliged to lay this Matter before the Government: The Consideration of which being referred to the then Solicitor General Sir Richard Leving, he declared it as his Opinion, That it was not safe for the Lord Kingston to Reverse his Outlawry, until he had brought over his Lady and Children into His Majesty's Dominions, in Order to their being Educated Protestants: On which the Lord Capell, the then Lord-Deputy of this Kingdom, (judging it a Business of Consequence) thought fit to transmit it into England; whereupon the Reversal of the present Lord Kingston's Outlawry was stopped, till his Lordship's Eldest Son came to London, and he had sent into France for the rest of his Family. And here we may take an Estimate of the libeler's Loyalty to His Majesty, and of his Regard to the public Good, by his blaming Sir Robert King for not preferring his Nephew's private Advantage to the Safety of the Kingdom, and Security of the Protestant Religion. Nor is that more fairly represented by the Libeler, which he writes concerning the late Lord Kingston 's Promise to the late King, to leave the Matters in Controversy between him and his Brother, as they were in the Original Settlement: For that which the late Lord Kingston promised the late King James, was not, as the Libeler insinuates, to make him Heir to his Lordship's Estate, but only to continue him in the peaceable Possession of the Manor of Newcastle, to which, as being Heir at Law, the late Lord had fair Pretensions; all which Sir Robert King is ready to depose. And as to what is objected concerning Sir Robert King's being informed by Dean Cope of some Papers left by the late Lord Kingston for the Use of his Brother, and Sir Robert 's endeavouring to suppress them; the Occasion of that unjust Reproach was only this: Dean Cope having acquainted Sir Robert King that there was a Report in the Country of some Papers being left by the late Lord Kingston at his Death, not for the Use of his Brother, (as the Libeler suggests) but of his Lady, Sir Robert writ to the Dean from Dublin, to take all possible Care to have them transmitted to the present Attorney-General, Trustee for the Lady Kingston; but the Dean, after the strictest Enquiry he could make, could find no such Papers, and discovered the Report relating to 'em to be altogether false and groundless. As to what is offered from the late Lady Dowager Kingston's Answer to a Bill filled against her by Sir Robert King, namely, That her Lord declared to her, that he was sorry he had made such a Settlement, and that he had designs to alter it; It is answered, That Sir Robert, out of Respect to her Memory, being willing to suppose the Truth of what her Ladyship has averred, has nevertheless good reason to believe, that tho' his Lordship might perhaps, in some sudden heat, express himself to that purpose, on occasion of Sir Robert's plain dealing with him in other Matters, yet his Lordship never did, upon serious Thoughts, show any dislike of that Settlement; for as it is observable, that her Ladyship does not, in her Answer to Sir Robert's Bill, give the least hint of her Lord's designing to settle any part of his Estate on his Brother; so it is generally known, and has been publicly attested by Persons * Vid. Mr. Connelly 's Deposition in the Append. No. 13 of good Credit, who were most conversant with him, that in his Lordship's constant Discourse he declared himself highly pleased with the Settlement he had made, and did also in his last Sickness declare his Fears, that his Uncle's easy Temper would incline him to act contrary to his Lordship's full Design, and the purport of the Deed which he had made. And as touching the pretended Declaration and Deed of the late Lord Kingston's Revoking the Settlement made in the Year 1689, and granting his Estate to his Brother, etc. Sir Robert King does not in the least doubt but that he shall be able, when there is Occasion, to make good his Title against all pretended Declarations, Deeds, and Revocations, that have been set up since the late Lord's Death, and against all other Pretensions whatsoever. But that the Reader may the better judge of the Credibility of these Pretences, it will not be improper to inform him, that it appears by an Affidavit, ready to be produced, That considerable Rewards were promised to a Clerk belonging to the Common-Pleas, to imbezil or raze two Writs of Covenant which belonged to two Fines levied of the Boil Estate by Robert the late Lord Kingston, and that these Proposals were made by Daniel Sullevane, a Person who was then in the Interests of the present Lord Kingston. And it has been also fully and publicly proved, that in the Year 1695, when Mr. Raymond was in Dublin, and was supposed to have Sir Robert King's Papers with him there, several profligate Persons, of the Name of Sullevane, (one of which then waited on the present Lord Kingston) corrupted Mr. Raymond's Servant, to steal away his Master's Papers, which he accordingly did; and the whole Matter being plainly detected, one of the Person's concerned being taken, was Pillory'd, and the rest fled: And it was remarkable on the Trial, that it was proved that they gave the Servant a strict Charge to search for a Paper, containing a Discharge, or general Release, given by the present Lord Kingston to Sir Robert King, for his Guardianship. And to this purpose it is observable, That in the time of the late War, when Sir Robert King was in England, the present Lord came to a faithful old Servant, of Sir Robert King at Rockingham, and persuaded her to deliver him the Papers she had of Sir Robert's, and promised he would keep them safe for him, and on that Pretence got them into his Hands, and never would afterwards restore them; all which is fully deposed upon Oath. * Vid. Append. No. 14 Nola Murphey 's Affidavit. Now to what is objected concerning Sir Rober King 's and Captain Chopine 's offering to buy Sligoe, and to put 2000 l. in his Lordship's Pocket, on Condition he would make an absolute Deed, and put Sir Robert King into the actual Possession of his whole Estate; the Answer is very plain: For as Sir Robert was never known to be a Purchaser; so it cannot reasonably be imagined, that Captain Chopine, who bequeathed Sir Robert King nothing at the time of his Death, would have made so great a Purchase for him in his Life time. And it's hardly worth mentioning what is objected concerning Sir Robert King's Buildings at Rockingham, viz. That they were so Sumptuous, as to bear no Proportion to his Estate; and therefore, that it may be well inferred, That Sir Robert had Designs all along on boil and Michelstown: For supposing we should grant what the Libeler suggests, concerning the Greatness of Sir Robert's House, (which none that have seen it will allow) yet the Inference he draws from thence is altogether groundless, and unreasonable: For tho' men's Building beyond their Fortune has been frequently esteemed an Argument of their Imprudence, yet scarcely ever of their Covetousness; it being often known, that many have Built themselves out of their own Estates, but seldom or never into those of other Men. And as Sir Robert King gave many signal Proofs of his Affection to the late Lord Kingston's Person, so also he plainly demonstrated his sincere desire, that his Estate should descend to his Issue: For even after the perfection of that Settlement, by which Sir Robert and his Sons were Named next in Remainder to the late Lord Kingston and his Issue, Sir Robert was so far from being tempted by the prospect of Advantage, to use any Artifice o divert his Lordship from the thoughts of Marriage, that the very consideration of his kindness in that Settlement did move Sir Robert to be more than ordinary Solicitous to provide his Lordship a good Wife, and accordingly, by the Advice and with the Assistance of the late Lord Archbishop of Canterbury, Dr. Tillotson, he endeavoured to procure for him the Lord Hatton's Daughter, who was his only Child, and had 10000 l. for her Portion, besides the expectation of her Father's Estate; but tho' the Lord Hatton himself gave some Encouragement to the Lord Kingston's Courting his Daughter, yet the young Lady's Relations by her Mother's side being unwilling she should leave England, the Match was broke off. Some time after this, Sir Robert King advised the late Lord Kingston, to make his Addresses to the Lady Elizabeth Cromwell, of the Kingdom of Ireland, and with his Lordship's Approbation, had several Treaties with the young Lady's Relations, and had such Encouragement given him to continue his Solicitations of this Match, that it was once thought to be very near a Conclusion, when on a sudden, the young Lady changed her Mind, and to Sir Robert's great surprise and concern, all his endeavours to carry on that Design, proved ineffectual. And not long after this, there being a Proposal made for the late Lord Kingston's Courting of Mr. Harbord's Daughter, Sir Robert King did not only give his free Consent to his Lordship's making his Addresses to that Lady, but did also hearty Negotiate that Affair, and at length brought it to a happy Issue. And lastly, to show the groundlessness of the libeler's Suggestion, that Sir Robert King, on the late Lord Kingston 's Marriage, gave directions for the making a new Settlement of that Lord's Estate, plying him with Company at the Tavern for Eight days together, and Incensing him all the while against his Brother, till that Settlement was perfected, and Sir Robert had got himself and his Children named next in Remainder, after the late Lord and his Issue, excluding his Brother: I shall produce Mr. Raymond's Testimony on Oath, * Vid. Append. Mr. Raymond 's Deposition. No. 15. who declares that Sir Robert King, being informed that the late Lord Kingston had commanded Mr. Raymond to provide a new Deed of Settlement to be Drawn, in order to his Marriage, sent him to acquaint his Lordship, that by the former Deed of Settlement he had made, his Estate was, for want of Issue of his own Body, to go to Sir Robert King and his Sons, but that by a Proviso in that Settlement there was a Power reserved to his Lordship, some Months before and after his Marriage, to Revoke that Deed, and make such a Settlement of his Estate as he should think fit, and therefore desired his Lordship seriously to consider with himself, and also to consult some eminent Divines in the City of London, whether he was not obliged in Conscience to Settle his Estate on his Brother, when it was in his Power; because if there were a new Deed, and Settlement made upon his Marriage, with the like Uses and Limitations as in the former, it would not be in his Power to revoke it. This Message Mr. Raymond Swears, he faithfully delivered from Sir Robert King, to the late Lord Kingston, who commanded him to acquaint his Uncle, that he desired him not to trouble himself any more in that Matter, because he was fully resolved to continue the former Settlement as it was, or to Settle the Estate on Sir Robert 's Sons, if he refused it. And now I do not doubt but that every judicious and impartial Reader will be fully persuaded that no just Reflection can be made, either on the late Lord Kingston's Honour in Settling his Estate on his Uncle, or on Sir Robert King's Justice in accepting it; for tho' his Lordship was pleased to Exclude his Brother, yet 'tis very plain, that he did it on such weighty Considerations as would undoubtedly prevail with every Protestant Nobleman to Disinherit his only Son: And tho' Sir Robert King did permit himself to be Named next in Remainder to the late Lord and his Issue in that Settlement that was Revokable, yet he did it not, (as has been plainly proved) till the present Lord had not only freely given his Consent to his Uncle's acceptance of the Estate, but had also vilely prostituted his own, and his Family's Honour by his Ignoble Marriage. But the grand Reasons that provoked the late Lord Kingston to Exclude his Brother out of the final and irrevokable Settlement, perfected some time before his Marriage, were the unworthy Aspersions that he cast on him in his Petition to the late King, and in his Address to the House of Lords in England, and his open renouncing the Protestant Religion, and his avowed Adherence to the late King James' Interests. As touching the last Head of the libeler's Materials for a Bill of Discovery against Sir Robert King, etc. which concerns Matter of Title, and consists of a Recital of several Deeds of Settlement, and other Conveyances, Sir Robert thinks it improper for him to make any particular Defence in this Paper, all those things being now referred, by Consent of Parties, to the Arbitrement of some of the Reverend Judges, and to the Umpirage of his Excellency the Lord Golloway. And as I have good reason to hope, that their Determination of that Controversy will be in Sir Robert King's favour, so I don't question but that, by the Answers that have been returned to the libeler's most invidious Suggestions, Sir Robert's Innocency 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. No. 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 persuade 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 observed a great Zeal in Sir Robert to persuade the late Lord Kingston to an honourable Marriage; that he was often employed by the said Sir Robert King to bring the same to effect, and particularly remembers, that, being in London, the said Sir Robert was informed 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 ordered 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 pleased his Lordship, that he fully resolved to make Court to the said Madam Holland, prepared for his Journey, and pitched on Mr. Adam Purdon for his Companion, and ordered 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 engaged, 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) called 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 seemed 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 received any Letter from Captain Chopine, 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, etc. 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. Moor. No. II. The Deposition of Mrs. Elinor 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 Abbyboyle 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 desired Mrs. Horsey (who was then Housekeeper to the said Lord Kingston) to advance her to be his Chambermaid, 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 incensed against the said Girl, that he was fully resolved to turn her away, and had given Orders that she should be forthwith turned 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 begged 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 turned off, and lose her Reputation by him, and begged 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 resolved 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 offered 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 refused any such Settlement, tho' she, this Deponent, heard her Uncle and Aunt Chopine several times press him to accept of it. Jurat coram me 11 die Maii, 1699. Jo. Ussher. No. III. Dean Cope 's Affidavit. DOctor Anthony Cope, Dean of Elphin, came this day before Me, and made Oath, That Sir Robert King never requested this Deponent to move the late Lord Kingston to make any Settlement of his Estate upon him the said Sir Robert King, and is morally assured 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 asked by the late Lord, if he was yet resolved to consent to the making such a Settlement, answered, 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 opened 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 discharged, 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 Abbyboyle, 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, walked after the said Sir Robert King towards Ballindrehit, and pressed him to grant what the said Lord Kingston desired, and after some pausing the said Sir Robert agreed to it, provided he, this Deponent, would go to Mrs. Horsey, (the Housekeeper) and desire her earnestly to have a care, that, for the future, they were not too great, and if any thing happened 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. No. IU. 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 Abbyboyle, in the County of Roscommon; and he this Deponent having observed, 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, than a Servant in the House, who usually made the Beds, he, this Deponent, acquainted Sir Robert King, the Defendant, than the Plaintiff's Guardian, therewith; (the said Robert Lord Kingston being then abroad in his Travels) and that Sir Robert King, the Defendant, thereupon ordered one Mrs. Horsey, the then Housekeeper, 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 Housekeeper, 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 Housekeeper, for so doing, tho' this Deponent did not then think, neither doth he believe it entered 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 Lewdness or Debauchery between him and the said Margaret, did endeavour to get one William Teams, than an Under-Cook in the House, to Marry her, offering him, as a Portion with her, the Sum 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, than Lord Kingston, or of his Uncle, the Defendant, until afterwards that Notice was sent over from Paris in France, by one Captain Samuel Patch, the Plaintiff's then Tutor, or Governor, 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 Travelled 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 informed) removed 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 resolved 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 advised him to the contrary, telling him, that tho' his Brother had Married so far beneath himself, and his Family, yet she might make a good Wife, or words to that effect; upon which the said Robert, late Lord Kingston, solemnly Protested, and Swore, That in Case the Defendant, Sir Robert King, would not accept of the Settlement, he would settle the Estate on his Cousin, Captain Francis King, and his Children, which this Deponent often heard the said late Lord Kingston declare, and this Deponent does verily believe that he would so have done, in case the said Sir Robert had not accepted of the same. This Deponent further deposeth, That after the Plaintiff was Married, as aforesaid, he often heard the Defendant very pressing with Robert late Lord Kingston, (the Plaintiff's Brother) to Marry, that he might have Issue to Inherit his Estate, and never gave over till he was actually Married; and doth verily believe in his Conscience, that the Defendant was extremely Troubled and Dissatisfied, that the Plaintiff had Married so far beneath himself, and that it was done without the Defendant's Consent, Knowledge, Privity, or Approbation. Char. Gosling. Cognosco Deponentem, John Pape. Capt. & Jurat cor. me apud Civitat. Killkenniae 12 die Augusti, Anno. Dom. 1697. John Pape, Com r. for Killkenny. No. V Doctor Quail's Affidavit. 1. FRancis Quail, Doctor in Divinity, came this day before Me, and made Oath, that in the Year of our Lord 1675, he became Tutor to the Right Honourable Robert late Lord Kingston, and continued as such until the Death of John Lord Kingston, Father of the said Lord Robert; and after the Death of the said John Lord Kingston, the Tuition of the Right Honourable John, present Lord Kingston, was for some time committed to this Deponent, by Sir Robert King Baronet, than Guardian and Uncle to the said late Lord Robert and present Lord John; and this Deponent, by means thereof, hath been very conversant in that Honourable Family, and observed in the said Sir Robert King, a great Care and Affection for the said late Lord Robert, and present Lord John. And this Deponent further deposeth, That he never observed, suspected or discovered any thing in the said Sir Robert King's management, during the time he the said Sir Robert continued Guardian to the said late Lord Robert, or present Lord John, but what was Just, Honest, and Honourable; and this Deponent always Believed the said Sir Robert to be sincere and real in promoting the said late Lord Robert, and present Lord John's Interest and Advantage on all occasions, not only in their Persons, but in their Educations, Fortunes, and Estates. 2. This Deponent further Deposeth, That he never did enter into any Combination or Confederacy with Charles Gosling, Deceased, the Reverend Anthony Cope, Dean of Elphin, Anthony Raymond, Capt. Thomas Caulfield, or any of them, or any other Person or Persons whatsoever, with intent or design to defeat or deprive the said late Lord Robert, or present Lord John, of their or either of their Estates or Fortunes, or any part thereof; and this Deponent doth not believe there was any Combination or Confederacy between the aforesaid Persons, or any of them, to any such intent, or with any such design. 3. This Deponent further deposeth, That the said Sir Robert King did himself, from time to time, instruct the said late Lord Robert in the knowledge of the Mathematics, and was very solicitous and careful in the said late Lord Robert's other Education and Learning. 4. This Deponent further deposeth, That the said Sir Robert King, being solicited by some Friends to permit the present Lord John to accompany the said late Lord Robert in his Travels, the said Sir Robert refused to consent thereto, saying, It was not fit to expose both the said late Lord Robert, and present Lord John together, to the hazards of the Seas, and foreign Countries. 5. This Deponent further deposeth, That, to the best of his remembrance, the said Sir Robert King never did desire him, this Deponent, to move the said late Lord Robert to a Settlement of his Estate, in Exclusion of the present Lord John; but, on the contrary, this Deponent saith, That he the said Sir Robert, shown a great unwillingness to such a Settlement when Proposed to him; and the said Sir Robert King sent this Deponent to the said late Lord Robert, to signify his the said Sir Robert's dislike of it, and to dissuade him the said Lord Robert from making thereof; which Message this Deponent delivered to the said late Lord Robert, to the best of this Deponents remembrance, in a little Parlour at boil, at which the said Lord Robert 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. 6. This Deponent further deposeth, That he always observe▪ d a Backwardness in the said Sir Robert King, touching such a Settlement in Exclusion of the present Lord John and this deponent doth verily Believe the said Sir Robert never did, either by himself, or any other Person or Persons whatsoever, persuade or solicit the said late Lord Robert, to make such a Settlement; but, on the contrary, this Deponent believeth such Settlement was made by his the said Lord Robert 's own mere Motion. 7. This Deponent further deposeth, That an Account came from Mr. Patch, then at Paris, that the present Lady Kingston, (formerly a Servant in the Family) and her Cousin or Companion, were both with the present Lord Kingston, then in Paris, and that he the said Mr. Patch feared the consequence; upon which this Deponent was immediately sent by the late Lord Robert and Sir Robert King to the present Lord Kingston, to signify their Resentments, and to dissuade his Lordship from the thoughts of the present Lady Kingston; and accordingly this Deponent went with Letters and Proposals (to the best of his Remembrance) of a Considerable Advantage for the said present Lord Kingston, and with great Promises, if he the said present Lord Kingston obeyed, and Threaten of being Disinherited, if his Lordship would not be advised; all which this Deponent delivered to the said present Lord Kingston, whose Answer was to this effect, viz. That he the said present Lord Kingston had heard of this Deponent's coming, and his Business, and that his Lordship was very sorry he had incurred his Brother's and Uncle's displeasure, and to avoid it, his Lordship had sent the Women (meaning the present Lady Kingston and her said Cousin) away, and did assure this deponent, with great and solemn Asseverations, that his Lordship would not concern himself with them any more; notwithstanding which, the said Mr. Patch and this Deponent, sometime afterwards, discovered that the present Lady Kingston and her said Cousin, continued in Paris, and the said present Lord Kingston privately resorted to them; upon which, this Deponent and the said Mr. Patch discovered their Lodgings, and dispersed them; and this Deponent thereupon, at his next Meeting with the said present Lord Kingston, taxed his Lordship with the unsincerity of his Professions concerning the present Lady Kingston, on which his Lordship seemed to be much provoked, and declared, That his Passion was so great that he could not allay it; and drew a great part of his Sword out of the Scabbard, but this Deponent then telling his Lordship it was dangerous to draw a Sword there, being the Garden of the Palace Royal, his Lordship put it up again. This Deponent further deposeth, That meeting with the said Sir Robert King in Dublin, at his Return from Paris, this Deponent gave the said Sir Robert an account of the aforesaid Transactions, upon which the said Sir Robert seemed to be, and this Deponent verily believes he was, much discomposed and dissatisfied. 8. This Deponent further deposeth, That the said Sir Robert King understanding that the said late Lord Robert, while at boil, was likely to fall into company and familiarity of Persons not suitable to his Lordship's Quality, he the said Sir Robert, used his utmost endeavours, as this Deponent verily believes, to divert his Lordship from such company; and the said Sir Robert discountenanced them so far, that they seldom appeared when the said Sir Robert came to Visit or Dine with the said Lord Robert. 9 This Deponent further deposeth, That the said Sir Robert King was very Solicitous, Industrious, and Active to have the said late Lord Robert well Married; and to that purpose, he the said Sir Robert, proposed several considerable Matches to his Lordship, viz. The Lady Elizabeth Chesterfield, and Lady Elizabeth Cromwell; and in prosecution of a Match with the said Lady Elizabeth Cromwell, a considerable Progress was made, and was so near a conclusion, that this Deponent was informed, and believes the Wedding Ring was bought. 10. This Deponent further deposeth, That the said Sir Robert King, as this Deponent does verily believe, did, as much as in him lay, endeavour to prevent the dishonourable Amour, and unfortunate Marriage of the present Lord with the present Lady Kingston; and this Deponent hath been credibly informed, and believeth the said Sir Robert King proposed a considerable Portion to the present Lady Kingston, (than a Servant) in order to have her Married to another Servant then in the Family, on purpose, and with design, to prevent the present Lord Kingston 's being inveigled, and to secure his Lordship from danger. Fr. Quail. Jurat coram me 16 die Februarii, 1698. John Ussher. No. VI The Case of Mr. John King, only Brother of the present Lord Kingston of Ireland. Humbly offered to His Majesty's most Gracious Consideration. THE said Mr. King, when very Young, fell in Love with a Gentlewoman, much about his own Age, and, after many Hardships and Difficulties suffered on that account, Married her at his Age of Eighteen. And though her Virtue and unstained Reputation exempted her from all Calumnies, yet her being a Native Irish Woman, and her wanting a Fortune, was suggested by Sir Robert King, his Uncle, a just Cause of deserving his said Brother's Anger and Displeasure. Upon this Foundation the said Uncle built his whole Designs, and magnifying every little Circumstance into a Crime, and pretending that the Honour of the Family should be irreparably lost, in Case any of the said Mr. King's Issue, by his said Wife, should be suffered to Inherit. He at last prevailed with the said Lord Kingston to settle his Estate, upon his Dying without Issue, upon him and his Heirs, in such manner, that the said Mr. King, and his Heirs, should be wholly Excluded from the Possibility of ever Enjoying the said Estate, tho' in truth, most of it descended from the said Lord Kingston, and Mr. King's Mother, as Heir at Law to the Family of Fitzgeralds, formerly called the White-Knight: But the Lord Kingston, as Mr. King is informed, reserved to himself a Power of Altering the said Settlement at any time within a Year. Now forasmuch as the Honour and Title must descend to Mr. King, or his Heirs, upon his Brother's Dying without Issue, and that if no Estate be left to support the same, it may become chargeable to the Crown, whose Glory as well as Interest it is, to rescue the Nobility from Beggary and Contempt, the said Mr. King doth throw himself at His Majesty's Feet for His Royal Protection, most Humbly beseeching Him, that He would be graciously pleased to send for the said Lord Kingston, who is now in Town, and to intimate His Royal Pleasure to him, of having the Estate so settled, as the said Mr. King, and his Heirs, may not be excluded from Enjoying the same upon the said Lord Kingston's Dying without Issue; whereunto (as Mr. King verily believes) the said Lord Kingston will readily agree, being in his own Nature so kind, just, and generous, that he will be glad to have a fair Opportunity of avoiding what the Importunity of the said Uncle in some measure forced from him. No. VII. Mr. John King's Case, humbly Offered to the Consideration of the High Court of Parliament. This Case having been some time ago Printed at large, it will be sufficient at this time to Re-Print the following Extract out of it. AND since Love either finds or makes all People equal, the Consideration of the Disparity of her (the present Lady Kingston 's) Fortune could give no check to his Affection; and therefore growing up with his Years, after many Hardships and Difficulties suffered by them both on that account, it produced a Marriage about his Age of Eighteen. No. VIII. The Substance of Mr. Raymond 's Letter to Sir Robert King, as it is set down in the Materials for a Bill of Discovery against Sir Robert King, etc. THE next thing I have to acquaint you with is, That my Lord did, a Day or two before he went out of Town, perfect a Deed of Settlement, which Captain Chopine prepared, of which I had no certain Notice until his Lordship was gone, etc. upon which I waited upon Captain Chopine, who showed me the Deed, which to me is one of the strangest I ever saw, and admire at it, considering I often heard you say, That it was very reasonable my Lord should have power, and a power only in himself, to alter the Uses as he saw cause; for which reason there ought to be such a Clause inserted, which is not, nor Provision for younger Children. I discoursed Captain Chopine, who is for posting on a Fine and Recovery, for Confirmation of it, with all speed, and told him, that since his Lordship was just on Marrying, or Expectation of it, it had been better let alone at present Levying the Fine, which must render it public, and contract great Charge and talk, etc. I have written back hence to Captain Chopine, and begged him to suspend the Fine until he heard from you; he considers but one thing, and my Zeal for the same is as great as his, but would have it done with other Considerations, which, I am sure, are such as will be satisfactory to you, etc. for I believe he has not taken your Measures right, etc. No. IX. The present Lord Kingston 's Letter to Mr. Gosling. SIR, I Thought that all my Civilities would have obliged you, when my Cousin told you I was Married to such a one, you would have persudded her that I had a little more Wit than so; but she is apt to believe all Ill of me; let me damn myself to the Pit of Hell, I must never be believed, but Bridget and Will 's Words must go before my Oaths. Have I strove to serve her with all I have in this World, nay, I would not have spared my Heart's Blood to have done her good, and is this my Reward? Would that be the Effects of one who was counted Wise, to play the Fool to go Marry a Scullion, tho' he loved her ever so well? I may as well say she will Marry crooked Will, as what she thinks of me. Except she and you send me some Recompense 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. Patch 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. Show this to no body but Cousin Sue, and let her burn hers. PARISH, May 23. No. X. Doctor Horneck 's Letter to Sir Robert King. SIR, I Had yours, and am hearty glad my old Friend and Acquaintance is Alive and well. I have been indisposed 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 owned 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 Youngman, etc. 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. No. 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 Opposed so just a Settlement, etc. No. 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 retired 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 myself 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. No. 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 Deceased, he repaired to Boil 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 Ld 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 easy prevailed 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 concerned for him as his Agent and Solicitor. Will. Conolly, Jurat coram me 23 Decemb. 1698. J. Coghill. No. 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 entrusted by him, as his Housekeeper, with several Goods and Papers, on his going for England, before the late Troubles; most of which she, the Deponent, dispersed 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 threatened 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 called the Nursery, where he enquired very privately when she heard from his Uncle and Aunt, and the Children, and spoke 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 spoke from his Heart, because of his being long and often in her Master's House, and she observed 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 myself, but keep it for him, fearing others should take it from him; but be sure you show 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 Boil, and showed him some Things, and all the Papers which were her Master's; and when his Lordship came to the 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 bade 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 Boil, to look after the Papers, and found some in the Box, and some on the Floor; but she missed 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 showed his Lordship the day before. Nola 8 Murphey, her Mark. Jurat coram me Octob. 19 1697. Ant. Cope. No. 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 employed 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, desired 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 desired 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 obliged 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 bade this Deponent to tell his Uncle, meaning Sir Robert King, that he desire▪ d him not to give him any more Trouble about it, for that he was resolved 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 Cancel. Hiberniae. No. 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 prevailed 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 designed to make her his Wife, until he heard that she followed him into France. 3. The Deponent further saith, That the now Lord Kingston was much troubled and concerned when the said Margaret Cahan was discharged out of the Family. Will. ✚ Teams. The above Depositions were voluntarily Sworn, and Signed before us, this Seventh of Decemb. 1698. Ant. Cope. No. 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 shunned 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 caused the said Margaret to be turned out of her Service, and said, that if ever afterwards he heard of her being in boil, that he would cause her to be severely Punished. John Dingwell. The above Depositions were voluntarily Sworn and Signed before Us, this 7th of Decemb. 1698. Andrew Blackburn. Anthony Cope. Gilbert King. No. XVIII. The Deposition of Mrs. Marry Chopine. THe said Mary Chopine, 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 boil 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 seemed 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 informed) sent to Mrs. Horsey, the Housekeeper, who was a Kinswoman of the present Lords, by the Mother's side, to have the said Girl turned out of her Service; but the present Lord procured 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 Robert King: But this Deponent found Sir Robert against it, and knows, that he often refused 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 offered: 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. No. 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 myself, 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 produced, and what the Issue of those Proceed were, refer 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 disposed of to Robert Chopine, Esq Deceased, which, I have heard, was set for Eighty pounds' sterl. a Year, and no more. All which I hereby Certify and Depose. Witness my Hand this Fifth of October, 1698. Thomas Yeeden. Sworn before me the Day and Year aforesaid. Anth. Cope. No. 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 Countrymen have for me; but if I could more firmly settle what I have, I would, and rivet it, rather than it should be ever altered. I am still, Dearest UNCLE, Your most Obedient and Most Humble Servant. No. XXI. An Account stated under the Hand and Seal of Mr. John King, (the present Lord Kingston.) WHereas upon Balance of Accounts with my Brother the Right Honourable Robert Lord Baron of Kingston, as my Guardian, it appears, that I own unto my said Brother the Sum of One Hundred Ninety Five Pounds Eighteen Shillings and Six Pence Three Farthings. And whereas upon Balance of Accounts with my Uncle, Sir Robert King, Baronet, it appears, that my said Uncle owes me the Sum of One Hundred Thirty Four Pounds Two Shillings and a Half Penny; 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 Sum 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 myself. 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 Sum of Sixty One Pounds Sixteen Shillings and Six Pence Farthing, to complete 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.