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B08625 The confider in falshood confounded. Being an answer to an abusive book lately published by William Wright of Dublin, against Thomas Carleton his tenant in the first place: And Will. Edmondson, John Burnyet, Abraham Fuller, and Franc. Randall, arbitrators, in the second place; equally chosen to end some difference between the said William Wright and Thomas Carleton, &c. Carleton, Tho. (Thomas) 1684 (1684) Wing C588B; ESTC R221232 14,002 34

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wittingly and wilfully done And if he were not a vexatious and letigious man he would have been ashamed to have shown his folly and deceit so far as to shuffle from the covenant of a Deed under hand and seal to a rough draught of his own subtil devising Does People use to make void a compleat and perfect Lease five years after it is made by the abrupt and crooked lines of a rough draught sure the man is hard put to it that nothing short of Printing could serve to make himsef and his actions rediculous to the world and that which is worst of all must spread his own infamy in City and Country with his own hand And further when Covenants under hand and seal are thus wilfully wrested by making wilful lies what usage may I expect in other things let all the World judg Charge 5. page 5. Carleton saith he made Spars to his Fulling-Mill all of fine streight young Oak Saplings from which Wright himself was prohibited by Henry Temple Esq and besides saith he he lost the bark Answ A pack of lies who e're invented them he is the man that now hath printed them By his words he had nothing to do with the Timber and consequently nothing to do with the Bark so what is this to him the Trespass if any were were against H. T. Esq only he would make his wilful lies manifest by his own scribling hand and show his wicked malice against me for there is not one Oak-Spar in all the Mill-house that we built the first year before he sold the Timber which is the house he means as by this following Certificate may appear This we certifie that there is not one Oak Spar in all the Tuck-Mill house that Tho. Carleton built upon the Lands of Ballynicargie the first year he came there and though W. Wright says they were all fine straight young Oak Saplings there is not one and we are sure the house was never stripp'd nor a Spar altered since it was first set up Given under our hands this 23d of May 1684. Edmond E. Chadwick Simeon Bins Nicholas Richardson Charge 6. is about a Dunghil which had they been right placed should have contained all his 12. or 21 before they went to the Press which saith he he preserved to himself neither by Word or Writing say I this is some of his subtil mental reserves for he can scarce make any Bargain without some hidden underhand reserve reach or other As for the Dunghil he a great while after begun to say he would have one of them I said I thought it was fit it should stay upon the premises for the other Land was set to Lease and so was that it laid upon and this was all the hindrance I made I put no body off from the work nor see no body about to take it away neither did I convert it all to my own use as he saith for I left a great deal of it there when I removed to the other side of the Land however a story of a Dunghil will serve to fill a Book Charge 7. Yate Bars and other materials with Boards of divers sorts and Wain Axletrees left in Carletons custody were by him his Servants or Workmen wasted destroyed and made away and how he suffered his Carpenter to cut some of the seasoned Axletrees and made Helves of it for Axes Augures and Chissels Yate Bars and Boards were disposed of for several uses for the said Carleton some whereof Wright saw cut to repair a pailed Fence which Carleton or some of his family had either burnt or carelesly lost for want of a Pin c. Answ In this Charge is couched several Lies or subtil Assertions one Yate Bar and two Boards I made use of in the Parlor Chimney to break the wind off the Fire when my Wife was sick and this by him or his Wife is reputed little less then fellony though I have often profered either to pay or return them and all my Servants People or Workmen that he can instance in his subtil and large Charge is only a Carpenter that cut a piece of a slit Ash for Chissel Helves neither for Ax nor Augur that I know of nor was it a seasoned Axletree as he saith only a slit Ash seasoned without door under the drop of a House Eves where for ought I know it and its fellows stood till some of them were rotten And as for the Gate Bars and Boards he saw cut to repair a pailed Fence which Carleton or his family why not some or no body had either burnt or lost c. This is another of his witting and wilful lies for he knew in his Conscience this was a Lie for the man that prepared the pailed Fence did confess it to him before my face in Jo. Newbies house in Dublin that he did it when the Arbitration was and he knew long before that most of this Charge and several others was false and wilfully contrary to his own knowledge laid against me for the parties he knew that had confessed to him some years before that they did those things unknown to me and for their own private concernes and not mine and still he wilfully and wickedly lays them to my charge and what had I to do to drive a Pin in dry weather it was another mans Fence another man let it fall down and another man made it up and this he knew well enough but who is so wicked as them that presumptuously sins against their own knowledge as this man in many things hath done which I am able to prove by more testimonies than my own yet who is so oily and smooth to strangers as Will. Wright Charge 8. Is about Twenty shillings mistake in Accounts c. Answ Upon the ballancing of Accounts in Thomas-street as he saith there I answered all he could charge and more then I thought was due and he was then and is yet Four shillings in my debt and after he comes over again with this I have bid him oft make it appear just and due and I would pay it him though I know it was seen in his Pocket-book put down with his own hand that I paid it once to his own Ditchers and that one would think was often enough But in short let him produce such Papers and Bonds which he long since took away from me whereby all those Accounts may be examined and this shall be rectified for I have no reason to pay it twice Charge 9. Is about serving a Writ upon one of his Tenants for a Bundle of Wattles c. Answ This is another lie for I gave the man leave to get Wattles in his Charge to the Arbitrators he calls them Two penny worth here he saith a Bundle I believe it was several Bundles for it was as many as wattled two Chimnies for that I did not serve the Writ but for Injuries Trespasses some just Debts and other abuses I served a Writ upon him and some others
double Ditch of Wrights saith he some of them being above 3 foot in circumference And in page 9. he saith They were cut out of season for the stumps are dead Answ That my man cut 3 or 4 Birches I suppose may be true though some of them as I understand was dead or dying before but that the Ditch was his that is a lye for the double Ditch was mine and with no little trouble have I maintained it these several years for the Wood-cutters Fellers Stripers and Colliers made several ways over it to my great damage often occasioned my Cattel to go out But what had Wright to do with Birches or any other Wood upon the Land during my Lease he excepted none but Oak and but some of that too as by my Lease may appear but he wanted matter to make me criminal and to aggravate it the stumps are dead so were hundreds more cut by him or his people before I came there and by divers of his Tenants since who for years together I could not restrain until I served one of them with a Writ which is another Charge in his Book one thing I shall here mind the Reader of which was an express bargain between him me in behalf of William Fettrel the man that bought the Oak Wood of him which was that I should let the said W. F. have Birches to build a Bark-Mill and he promised to give me as much Oak number for number when they were strip'd They had of Birches 96 pieces besides 6 or 7 pair of Couples and Knees but to this day he never gave me one stick of Oak in consideration which is besides the abundance his Tennants out off for 2 or 3 years far more considerable than twice 3 or 4 in my own Hedge but breaking word and promise is made a laughter with him for when I have charged him with his promise he would laugh and say there is never a promise made but it is either broke or kept Charge 3. page 4 5. Carleton saith he is bound by Covenant in his Lease to keep all the Houses Walls and Ditches in good repair which he failing to do Wright is damnified at least 30 shillings in his Bedding and Papers in a Closet he reserved for himself Answ That he reserved liberty of that Closet to himself I grant but upon what terms viz. when he came there about the ordering and disposing of Timber and Bark most of which was over and disposed of from him 4 years agoe he was but to have that liberty when he came upon that occasion and not otherwise so if he had cleared the Room as he ought to have done when he went away there could have been no such damage to him which as I am informed is not for want of repair neither but rather by Moth Mice or Rats for this is the effects of Fraud and a wrongful detainer for he hath detained this Closet and two others from me and my Assigns ever since I came there contrary to the Covenant of my Lease for which I want satisfaction for I have the great damage and wrong though he hath made first complaint c. So this is the way he requites me for my kindness and forbearance so I think it is now high time for me to amend that matter and let him take his Moth-eaten-Clothes and Papers away and pay for the time he hath detained them unjustly Charge 4. page 5. That he and I went to one Pridham a Clerk and how I would not pay one half of the Charge for ingrossing the Lease in Parchment But he should have said himself would not for I no sooner proposed to do it being I was to stay in Town but he quickly closed with it and sent O. W. to one Tayler a Cousin of their own for Parchment to engrose the Lease so I saved him his part of the 18 shillings the man demanded I think it is very fit he should now pay that would pay me so for my forbearance with so many base and abusive aggravating exclamations as may be seen pag 5 7 9 22 c. of his Book where it is multiplied as so many various actions to make me the more criminal which was that I should deceitfully and like a dishonest man contrary to the trust imposed in me thrust several things into the Lease that was not saith he in the Original rough draught nor never spoke of saith he in making the bargain to the best of his knowledge and all these several things being examined by a judicious Reader is but one thing nominated in all his Book and that is this pag 7. that I should put in these words Save only what Oak-Timber the said Tho. Carleton his Executors or Assignes shall have need of or shall have occasion to use or expend upon the Premises which he or they is to have while it is there This is all and all this is more than is true ergo a lie for I thrust it not in it was agreed on before for I have yet to shew and that to my comfort now in the first Articles of our Bargain writ signed and sealed with his own hand where he himself hath granted that Covenant of the Timber and three Witnesses to the said Articles viz. James Vnderwood an Attorney at Law Tho. Trafford and Will. Errat take T. T. his Certificate Whereas Will. Wright in his Book lately printed hath charged Th. Carleton of deceitfully thrusting in into his Lease that clause of liberty for Oak Timber c. This is to certifie the truth to all that I was present when the said Wright and Carleton did sign Articles of their said Bargain and that the said Articles were writ by Wright's own hand and that the said Covenant for the Timber was in it and I was a subscribing Witness thereunto Given under my hand this 2d of the 4th Month vul June 1684. Tho. Trafford Also take this Certificate following This is to certifie all whom it may concern That we have this day seen Articles of Covenant and Bargain made the 19th day of April 1679. between W. W. and T. C. wherein he the said W. W. hath granted to the said T. C. what Oak-Timber he hath occasion to use upon the premises and he is to have it so long as it is there And we are well satisfied the said Articles are writ signed and for ought we know sealed too with W. W. his own hand Given under our hands the 23d of May 1684. Thomas King Michael Holme And further I am persuaded that this Covenant is in one of the rough draughts still if it could be seen but saith he not in the Original and thus he would delude the World to make Carleton odeous Which he calls the Original is the question for there were three rough draughts one was corrected by my hand which was the last of the three so let all the World judge what honesty appears in this allegation and whether this is not