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A56273 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, [and others]. Pullen, Tobias, 1648-1713. 1699 (1699) Wing P4196; ESTC R6735 50,330 236

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Kingston having Pretensions to that Estate as being in Remainder in the Settlement as well as Heir at Law Sir Robert's Advising the late Lord to dispose of it to the Poor cannot reasonably be interpreted as an Injustice or Disservice to the present Lord Kingston Nor is Sir Robert King solicitous to make any Defence for his Opposing the Reversal of the present Lord's Outlawry for his Lordship having not only some Years before the late Revolution publickly renounc'd the Protestant Religion but also for some time since profest himself a Papist and having left his Lady and Children in France as Hostages of his firm Adherence and Fidelity to the late King Sir Robert thought himself oblig'd to lay this Matter before the Government The Consideration of which being referr'd to the then Solicitor General Sir Richard Leving he declar'd it as his Opinion That it was not safe for the Lord Kingston to Reverse his Outlawry until he had brought over his Lady and Children into His Majesty's Dominions in Order to their being Educated Protestants On which the Lord Capell the then Lord-Deputy of this Kingdom judging it a Business of Consequence thought fit to transmit it into England whereupon the Reversal of the present Lord Kingston's Outlawry was stopt till his Lordship's Eldest Son came to London and he had sent into France for the rest of his Family And here we may take an Estimate of the Libeller's Loyalty to His Majesty and of his Regard to the publick Good by his blaming Sir Robert King for not preferring his Nephew 's private Advantage to the Safety of the Kingdom and Security of the Protestant Religion Nor is that more fairly represented by the Libeller which he writes concerning the late Lord Kingston 's Promise to the late King to leave the Matters in Controversie between him and his Brother as they were in the Original Settlement For that which the late Lord Kingston promis'd the late King James was not as the Libeller insinuates to make him Heir to his Lordship's Estate but only to continue him in the peaceable Possession of the Mannor of Newcastle to which as being Heir at Law the late Lord had fair Pretensions all which Sir Robert King is ready to depose And as to what is objected concerning Sir Robert King's being inform'd by Dean Cope of some Papers left by the late Lord Kingston for the Use of his Brother and Sir Robert 's endeavouring to suppress them the Occasion of that unjust Reproach was only this Dean Cope having acquainted Sir Robert King that there was a Report in the Country of some Papers being left by the late Lord Kingston at his Death not for the Use of his Brother as the Libeller suggests but of his Lady Sir Robert writ to the Dean from Dublin to take all possible Care to have them transmitted to the present Attorney-General Trustee for the Lady Kingston but the Dean after the strictest Enquiry he could make could find no such Papers and discover'd the Report relating to 'em to be altogether false and groundless As to what is offer'd from the late Lady Dowager Kingston's Answer to a Bill fil'd against her by Sir Robert King namely That her Lord declar'd to her that he was sorry he had made such a Settlement and that he had designs to alter it It is answer'd That Sir Robert out of Respect to her Memory being willing to suppose the Truth of what her Ladyship has averr'd has nevertheless good reason to believe that tho' his Lordship might perhaps in some sudden heat express himself to that purpose on occasion of Sir Robert's plain dealing with him in other Matters yet his Lordship never did upon serious Thoughts shew any dislike of that Settlement for as it is observable that her Ladyship does not in her Answer to Sir Robert's Bill give the least hint of her Lord 's designing to settle any part of his Estate on his Brother so it is generally known and has been publickly attested by Persons * Vid. Mr. Connelly 's Deposition in the Append No. 13 of good Credit who were most conversant with him that in his Lordship's constant Discourse he declar'd himself highly pleas'd with the Settlement he had made and did also in his last Sickness declare his Fears that his Uncle's easie Temper would incline him to act contrary to his Lordship's full Design and the purport of the Deed which he had made And as touching the pretended Declaration and Deed of the late Lord Kingston's Revoking the Settlement made in the Year 1689 and granting his Estate to his Brother c. Sir Robert King does not in the least doubt but that he shall be able when there is Occasion to make good his Title against all pretended Declarations Deeds and Revocations that have been set up since the late Lord's Death and against all other Pretensions whatsoever But that the Reader may the better judge of the Credibility of these Pretences it will not be improper to inform him that it appears by an Affidavit ready to be produc'd That considerable Rewards were promis'd to a Clerk belonging to the Common-Pleas to imbezil or raze two Writs of Covenant which belonged to two Fines levied of the Boyle Estate by Robert the late Lord Kingston and that these Proposals were made by Daniel Sullevane a Person who was then in the Interests of the present Lord Kingston And it has been also fully and publickly prov'd that in the Year 1695 when Mr. Raymond was in Dublin and was suppos'd to have Sir Robert King's Papers with him there several profligate Persons of the Name of Sullevane one of which then waited on the present Lord Kingston corrupted Mr. Raymond's Servant to steal away his Master's Papers which he accordingly did and the whole Matter being plainly detected one of the Person 's concern'd being taken was Pillory'd and the rest fled And it was remarkable on the Tryal that it was prov'd that they gave the Servant a strict Charge to search for a Paper containing a Discharge or general Release given by the present Lord Kingston to Sir Robert King for his Guardianship And to this purpose it is observable That in the time of the late War when Sir Robert King was in England the present Lord came to a faithful old Servant of Sir Robert King at Rockingham and persuaded her to deliver him the Papers she had of Sir Robert's and promis'd he would keep them safe for him and on that Pretence got them into his Hands and never would afterwards restore them all which is fully depos'd upon Oath * Vid. Append No. 14 Nola Murphey 's Affidavit Now to what is objected concerning Sir Rober King 's and Captain Choppine 's offering to buy Sligoe and to put 2000 l. in his Lordship's Pocket on Condition he would make an absolute Deed and put Sir Robert King into the actual Possession of his whole Estate the Answer is very plain For as Sir Robert was never known
to Wheedle him into a Consent of his Brother's making a new Settlement and to the laying aside the old Intails as the Libeller calls them in Munster and Connaught wherein the present Lord had Remainders immediately after the Death of his Elder Brother If Sir Robert King I say had had any such fraudulent and circumventing Design he would not surely have sent the Instrument inclos'd in a Letter into England to the present Lord's Grand-Mother the Lady Wimbaldon in order to be shew'd to and sign'd by her Grand-Son And as the Libeller does freely own that this Paper was shew'd to the present Lord Kingston by his Grand-Mother so he does not so much as pretend that her Ladyship or any other of his English Relations or Friends did either reflect on Sir Robert King for sending it or thought it improper for his Lordship to Sign it For tho' he tells us that his Uncle Sir Thomas Bernardiston Fee'd a Lawyer who was of Opinion that it was dangerous for the present Lord to Sign it whether he was Married or no yet Sir Robert King having never heard of any such Advice being given his Lordship nor ever receiv'd any such Intimation from the Lady Wimbaldon in her Answer to his Letter has reason to believe it to be an Excuse purposely fram'd by the Libeller in order to conceal the true Reasons of the present Lord Kingston's Refusal to Sign the said Instrument It has indeed been sometimes the Fate of some of the Nobility both in England and Ireland by reason of the Smalness of their Estates and for the Support of their Honour to Marry into Families much inferior to their own but then the Largeness of their Ladies Fortunes had made some Compensation for the Meanness of their Descent and the Protestants of Quality even in Ireland have had so due a Regard to the English Extraction and so warm a Zeal for the Protestant Religion that few can be found that have contracted Marriages with any Irish Papists tho' of the greatest Families and Estates but no single instance I believe can be given of any Protestant Gentleman of Noble Blood and of English Descent except the present Lord Kingston who with great Deliberation and against the repeated Advices and earnest Endeavours of all his Friends and Relations for several Years together Married an ordinary Servant Maid and an Irish Papist And the late Lord Kingston was the more sensibly affected with this Calamity and more provok'd with his Brother's Disgracing himself by that ignoble Marriage because the Woman he had made Choice of for his Wife was not only a Papist by Profession and of mean Irish Parentage and in a low Station amongst the Servants of his own Family but was also one who had neither Charms of Beauty nor gentile Behaviour nor Agreableness of Conversation to engage his Affections for tho' it may reasonably be hoped that the present Lady Kingston is a well accomplish'd Lady as having for these several Years past had all the Advantages that the Court of St. Germains could afford for Improving her to a Degree answerable to her present Quality yet certainly all those that knew Margaret Cahan when she liv'd a Servant-Maid in the late Lord Kingston's House at Abby-Boyle must acknowledge that she was then very far from having any Accomplishments either of Body or Mind to recommend her as a Wife to any Gentleman And therefore tho' the present Lord was so far carried away with an unaccountable Passion as to Marry a despicable and homely Woman as she then was yet it might reasonably have been expected that one who had been counted Wise shou'd have demean'd himself towards his offended Brother and the rest of his Relations with so much Modesty and Respect as might have testify'd a deep Concern not only for his own Misfortune but also for the Dishonour he had done his Family But on the contrary he was so far from taking such prudent Measures as might possibly at last have recommended him to his Brother's Favour that immediately after the late King Jame's Accession to the Throne he did not only publickly expose his Brother's Honour and his Uncle's Justice in a high reflecting Petition which he preferr'd to the King and in his Address to the House of Lords in England but did also within a while after to the unspeakable Grief of the late Lord and all his Relations openly Renounce the Protestant Religion and declar'd himself a Papist and merited so highly of the Popish Party and became so speedily famous for his bigotted Zeal that he was advanc'd to the Dignity of being one of the Gentlemen of the Privy-Chamber to the late King James All which disobliging scandalous and dishonourable Actions of the present Lord immoveably fix'd and confirm'd the late Lord Kingston in the former Resolutions he had taken of Disinheriting him and Settling his Estate upon his Uncle and the Heirs Males of his Body Now because the Odium of the late Lord Kingston's Displeasure against his Brother is by the Libeller wholly cast on Sir Robert King and the Disherison of the present Lord is suppos'd by him tho' without the least shew of Proof to have been first fram'd at Sir Robert's Instigation and brought about by his Contrivance I shall in order to a full Vindication of Sir Robert's Innocency in this whole Affair produce the Testimony of such Gentlemen as by their personal Knowledge of all Matters relating to the late Lord Kingston's Settlement of his Estate are most fitly qualify'd to give their Evidence and by their establisht Reputation for Integrity are the most Credible Witnesses in what they do attest The first Person that I shall mention is the Reverend Doctor Francis Quail who not only attended the late Lord Kingston in the Capacity of a Tutor for about a Year before his Father's Death but continued in that Station for many Years after and accompanied him in his Travels into France and had also the present Lord Kingston committed to his Care for some time by Sir Robert King Uncle and Guardian to them both The said Doctor Quail does declare and has depos'd upon Oath * Vide Dr. Quail 's Affidavit in the Append. No. 10. That he always observ'd in Sir Robert King a great Care of and Affection for the late Lord Robert and present Lord John And that the said Sir Robert at the time of sending the late Lord Kingston abroad being press'd by some Friends to permit the present Lord to accompany his Brother in his Travels refused to consent thereto saying It was not fit to expose them both together to the Hazard of the Seas and Foreign Parts And does further declare That he always observ'd a Backwardness in Sir Robert King touching such a Settlement in Exclusion of the present Lord and he verily believes the said Sir Robert never did either by himself or any other Person or Persons whatsoever persuade or solicit the said late Lord to make such a Settlement and that
to be a Purchaser so it cannot reasonably be imagin'd that Captain Choppine who bequeath'd Sir Robert King nothing at the time of his Death would have made so great a Purchace for him in his Life time And it 's hardly worth mentioning what is objected concerning Sir Robert King's Buildings at Rockingham viz. That they were so Sumptuous as to bear no Proportion to his Estate and therefore that it may be well inferr'd That Sir Robert had Designs all along on Boyle and Michelstown For supposing we should grant what the Libeller suggests concerning the Greatness of Sir Robert's House which none that have seen it will allow yet the Inference he draws from thence is altogether groundless and unreasonable For tho' Mens Building beyond their Fortune has been frequently esteem'd an Argument of their Imprudence yet scarcely ever of their Covetousness it being often known that many have Built themselves out of their own Estates but seldom or never into those of other Men. And as Sir Robert King gave many signal Proofs of his Affection to the late Lord Kingston's Person so also he plainly demonstrated his sincere desire that his Estate should descend to his Issue For even after the perfection of that Settlement by which Sir Robert and his Sons were Nam'd next in Remainder to the late Lord Kingston and his Issue Sir Robert was so far from being tempted by the prospect of Advantage to use any Artifice o divert his Lordship from the thoughts of Marriage that the very consideration of his kindness in that Settlement did move Sir Robert to be more than ordinary Solicitous to provide his Lordship a good Wife and accordingly by the Advice and with the Assistance of the late Lord Arch-Bishop of Canterbury Dr. Tillotson he endeavoured to procure for him the Lord Hatton's Daughter who was his only Child and had 10000 l. for her Portion besides the expectation of her Father's Estate but tho' the Lord Hatton himself gave some Encouragement to the Lord Kingston's Courting his Daughter yet the young Lady's Relations by her Mother's side being unwilling she should leave England the Match was broke off Some time after this Sir Robert King advis'd the late Lord Kingston to make his Addresses to the Lady Elizabeth Cromwell of the Kingdom of Ireland and with his Lordship's Approbation had several Treaties with the young Ladies Relations and had such Encouragement given him to continue his Solicitations of this Match that it was once thought to be very near a Conclusion when on a sudden the young Lady chang'd her Mind and to Sir Robert's great surprize and concern all his endeavours to carry on that Design prov'd ineffectual And not long after this there being a Proposal made for the late Lord Kingston's Courting of Mr. Harbord's Daughter Sir Robert King did not only give his free Consent to his Lordships making his Addresses to that Lady but did also heartily Negotiate that Affair and at length brought it to a happy Issue And lastly to shew the groundlessness of the Libeller's Suggestion that Sir Robert King on the late Lord Kingston 's Marriage gave directions for the making a new Settlement of that Lord's Estate plying him with Company at the Tavern for Eight days together and Incensing him all the while against his Brother till that Settlement was perfected and Sir Robert had got himself and his Children nam'd next in Remainder after the late Lord and his Issue excluding his Brother I shall produce Mr. Raymond's Testimony on Oath * Vid. Append Mr. Raymond 's Deposition No. 15. who declares that Sir Robert King being inform'd that the late Lord Kingston had commanded Mr. Raymond to provide a new Deed of Settlement to be Drawn in order to his Marriage sent him to acquaint his Lordship that by the former Deed of Settlement he had made his Estate was for want of Issue of his own Body to go to Sir Robert King and his Sons but that by a Proviso in that Settlement there was a Power reserv'd to his Lordship some Months before and after his Marriage to Revoke that Deed and make such a Settlement of his Estate as he should think fit and therefore desir'd his Lordship seriously to consider with himself and also to consult some eminent Divines in the City of London whether he was not oblig'd in Conscience to Settle his Estate on his Brother when it was in his Power because if there were a new Deed and Settlement made upon his Marriage with the like Uses and Limitations as in the former it would not be in his Power to revoke it This Message Mr. Raymond Swears he faithfully deliver'd from Sir Robert King to the late Lord Kingston who commanded him to acquaint his Uncle that he desir'd him not to trouble himself any more in that Matter because he was fully resolv'd to continue the former Settlement as it was or to Settle the Estate on Sir Robert 's Sons if he refus'd it And now I do not doubt but that every judicious and impartial Reader will be fully perswaded that no just Reflection can be made either on the late Lord Kingston's Honor in Settling his Estate on his Uncle or on Sir Robert King's Justice in accepting it for tho' his Lordship was pleased to Exclude his Brother yet 't is very plain that he did it on such weighty Considerations as would undoubtedly prevail with every Protestant Nobleman to Disinherit his only Son And tho' Sir Robert King did permit himself to be Nam'd next in Remainder to the late Lord and his Issue in that Settlement that was Revokable yet he did it not as has been plainly prov'd till the present Lord had not only freely given his Consent to his Uncle's acceptance of the Estate but had also vilely prostituted his own and his Families Honour by his Ignoble Marriage But the grand Reasons that provok'd the late Lord Kingston to Exclude his Brother out of the final and irrevokable Settlement perfected some time before his Marriage were the unworthy Aspersions that he cast on him in his Petition to the late King and in his Address to the House of Lords in England and his open renouncing the Protestant Religion and his avow'd Adherence to the late King James's Interests As touching the last Head of the Libeller's Materials for a Bill of Discovery against Sir Robert King c. which concerns Matter of Title and consists of a Recital of several Deeds of Settlement and other Conveyances Sir Robert thinks it improper for him to make any particular Defence in this Paper all those things being now referr'd by Consent of Parties to the Arbitrement of some of the Reverend Judges and to the Umpirage of his Excellency the Lord Golloway And as I have good reason to hope that their Determination of that Controversie will be in Sir Robert King's favour so I don't question but that by the Answers that have been return'd to the Libeller's most invidious Suggestions Sir Robert's Innocency