MRP: C10/160/47 f. 1

C10/160/47 f. 1

This suit is very badly indexed in the National Archive's online catalogue, which states: "C 10/160/47: Gavile v. Rider, Shomas and Gunne: Middlesex: 1691." In reality the suit is Gavile vs Ryder, Priscilla & Ryder, Thomas; Herne, Samuell (actually Heron); and Gunn, Francis; 1671.

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Abstract & context

Edward Gavile, a woodmonger of St Clements Dane, Middlesex, brought a suit in Chancery against the executors of the deceased London merchant, Sir William Ryder. In his Bill of Complaint dated 1671 Gavile alleges that Ryder had in 1668 contracted with Gavile to supply him with a quantity of faggots from woods Ryder owned in Kent (C10/160/47 f. 1). These, Gavile contended, would be suitable to make into ostrey faggots, for which he had customer demand. However, Gavile alleges that Ryder failed to perform the contract in a timely manner with suitable quality faggots. As a result most did not arrive for winter 1668, a particularly severe winter in which there was high demand for fuel, but one in which the rivers were closed due to frost and ice. Ryder eventually shipped the faggots to the desired wharves of "Woolwich Dartford or Deptford", but on Gavile's inspection the faggots proved rotten and unmerchantable. Gavile alleges that he subsequently made a "collateral agreement" with Sir William Ryder, in which Ryder offered to make an abatement to the original contract terms, which Gavile claims was originally priced at eight shillings per faggot. However, following Ryder's death, his executors examined his papers and books, which appeared to show that the contract had not been fully satisfied by Gavile. Moreover the books showed a sale price of ten shillings, not eight shillings. Samuel Heron (named as "Herne" in the bill of complaint), who was Ryder's servant, together with a Francis Gunne, a Greenwich baker, are alleged to have been involved as book keepers or agents in Ryder's dealings with Gavile.

Gavile's suit in Chancery was his response to a judgement against him in the Court of Kings Bench which had been brought by Ryder's executors for performance of the contract. He argued that the witnesses to the original contract and the subsequent collateral agreement were either dead or unavailable and that he had no available relief in the common law.

Dame Priscilla Ryder, Sir William Ryder's widow, and her eldest son, Thomas Ryder, answer the bill of complaint as executors of Ryder's estate in C10/160/47 f. 2.

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Suggested links

See C10/160/47 f. 2.

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To do

• Conduct primary literature search for "woodmongers"

• Look for secondary material on woodmongers and on their livery company

• Look for primary or secondary material on Edward Gavile, woodmonger

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Transcription

//3:o July 1671//
//Michas 23. Car 2:di XXXXX XXXXX//

//To the right hon:ble S:r Orlando Bridgman Kn:t and Barr:t Lord Keeper//
//of the great seale of England//

//Sheweth unto yo:r Lordspp yo:r Orator Edward Gavile of the pish of S:t Clements Danes in the County of Middx woodmonger That whereas yo:r Orator heretofore that is to say about the yeare of our Lord one thousand six hundred sixtie and eight haveing intelligence//

//that one S:r William Ryder of London Kn:t decced had a certeyne quantity of ffaggotts ready made up and alsoe certaine quantities of small wood cutt, fitt to make up into ?ostrey ffagotts all w:ch were lyeing and being in sewall woods in the Countie of Kent, and yo:r orator haveing//

//in the way of his trade as a wood monger occasions for great quantities of ostrey ffaggotts yo:r Orator did repaire to the sd Sir William Ryder and did contract and agree with the said S:r William Ryder in his life tyme to buy of him the said S:r William Ryder all the said ffaggotts there//

//made upp and w:ch should be afterwards made up, of the said wood then cutt and designed by the said S:r William Ryder to be made up into Ostrey ffaggotts at the rate and price of eight shillings and noe more for ewye (sic) hundred of the said ffagotts soe made and to//

//be made and itt was likewise agreed by and betweene yo:r Orator and the said S:r William Ryder that the sd S:r William Ryder should prXXXX all the said wood then cutt and lyeing & being ready to be made up into ffagotts as aforesaid, to be made up//

//into ffagotts and the same need soe made up into ffagotts XXXX into all the XXX XXXXX then be ??fore made up to be delivered at the sewall certaine wharfes at Woolwich Dartford or Deptford or some or one of them in the said County of Kent at or before our Lady Day then next so XXX XXXXX//

//and w:ch was in the yeare of our Lord one thousand six hundred sixtie and eight by and under w:ch agreement of the said S:r William Ryder yo:r Orator was induced to contract with the said S:r William Ryder for the said whole quantitye of wood and ffaggotts//

//the same suiteing very opportunely to yo:r Orators Occasions and conveniency for makeing provision to furnish yo:r Orators customers in the succeeding winter And yo:r Orator further shewes that yo:r Orator depending upon the XXXX and XXXX pformance of//

//the said contract made by the said S:r William Ryder as well in poynt of tyme as in haveing ?merchantable and vendible commodityes yo:r Orator did neglect to make any further or other provisions for supply of the customers occasions And the said S:r William//

//Ryder in apparent Breach of his said Agreement did altogether neglect to cause or pcure all those ffaggotts w:ch were att the time of the said Agreement ready made up or any pte or pcell of the said wood then ready cutt and intended to be//

//made up into ffaggotts to be made up and brought and delivered att any of the aforemenconned Wharfes of Woolwich Dartford or Deptford at or before the said feast of the Annuncaton of the blessed virgin Mary then xxpt following according to//

//his said agreement but did pmitt and suffer all the said wood soe cutt and ready to be made up into ffaggotts and greate pte of the said ffaggotts w:ch at the tyme of the said contract were ready made up to lye and remaine in the severall woods//

//in the said County of Kent in w:ch they had bin before cutt all that next succeeding Winter and for the space of almost a full twelve moneth after the said feast of our Lady Day (by w:ch said feast day all the said wood and ffaggotts ought to have beene//

//placed and Lodged by the aforesaid S:r William Ryder in and upon some (or one of the sayd Wharfes) And by the said S:r William Ryders neglect thereof yo:r [clerk appears to have missed out word "Orator"] depending upon the the pformance of the said bargaine was altogether unprovided//

//of ffaggotts for the supply of his Trade whereby yo:r Orator lost diverse of his customers And by reason of the hardnesse of that Winter for that noe passage could be had by Rivers or the Thames in respect of the great frost and ice fuill (sic) could not//

//be brought to London and such Ostrey ffaggotts were sold for twenty shillings ewy hundred soe as yo:r Orator not onely lost greate proffitts there by but alsoe the said wood and ffaggotts by reason of the lyeing abroad in the sayd woods soe long//

//time together did become rotten and unmerchantable and in trueth at such time as they were brought downe out of the said woods by the said S:r William Ryder and lodged in the said sewall wharfes being about the Latter end of the yeare of//

//our Lord one thousand six hundred sixtie and nine the same ffaggotts were not worth to be sold six shillings by the hundred And yo:r Orator further shewes that yo:r Orator in psuance of the agreement made on yo:r Orators pte haveing//

//with in the said yeare of our Lord one thousand six hundred sixtie and eight fetched from the said sewall Wharfes all such ffaggotts as the said S:r William Ryder had then caused to be brought out of the said Woods and wharfes ??these yo:r Orator//

//afterwards that is to say about the Latter end of the yeare ine thousand six hundred sixtie and nine haveing intelligence that the residue of the said ffaggotts were brought downe by the said S:r William Ryder and landed upon the//

//sewall whafes yo:r Orator went to veiw (sic) the same and upon veiw tooke notice of the great damage and rottenesse of the said ffaggotts by remaineing soe long in the said woods and did repaire to the said S:r William Ryder and acquainted//

//him with the great damage yo:r Orator had susteined by the said S:r William Ryders not pforming his said contract in poynt of time and alsoe that the said ffaggotts were soe rotten that they were unsaileable (sic) and that unlesse the said//

//S:r William Ryder would make yo:r Orator some considerable abatem:t yo:r Orator would not fetch away any more of the said ffaggotts nor intermeddle therewith but onely would sattisfye and pay him for such ffaggotts as yo:r Orator had fetched away//

//from the said wharfes within the said yeare of our Lord one thousand six hundred sixtie & eight whereupon the said S:r William Ryder being conscious to himselfe of the trueth of yo:r Orators allegacons did request of yo:r Orator to take away the//

//residue of the said ffaggotts soe dampnifyed as aforesaid and did promisse and assure yo:r Orator that the said S:r William Ryder would make yo:r Orator reasonable abatem:t of the orriginall agreement and contract suteable to his ?Losses and dampnifycacons ?thereunto//

//both in respect of the time and damage and rottenesse of the said ffaggotts And yo:r Orator further shewes that the whole quantities of the said ffaggotts w:ch yo:r Orator had and reced from the said S:r William Ryder under the said contract did amount unto one//

//thousand and ffiftie hundred and halfe one hundred of ffaggotts and noe more w:ch att the said full rate of eight shillings for ewye hundred thereof comes to four hundred twenty two pounds eleven shillings and noe more out of w:ch said summe of four hundred twenty two pounds eleven shillings yo:r Orator//

//did pay to the said S:r William Ryder in his life time at three sewall payments the summe of three hundred pounds and att one other payment the summe of tenne pounds soe that upon the whole accompt and att the said raite (sic) of eight shillings for ewy hundred, of the said ffaggotts there ?remained//

//onely due to the said S:r William Ryder att the time of his death the ??summe of one hundred and twelve pounds and eleven shillings w:ch summe was not pportonable to this def:ts damage susteined in not haveing his said bargaine pformed within the tyme limitted and in respect of the greate//

//damage done to the sayd ffaggotts by theire remaineing soe long in the said woods w:ch yo:r Orator doubteth not but the said S:r William Ryder (had hee lived) would have fully and cleerly remitted to yo:r Orator according to his promisse and your Orator doth the rather beleive the same//

//for that the said S:r William Ryder did not in his life time ew demand of yo:r Orator any further summe of money w:tsoew for the said ffaggotts than such summe of three hundred and tenne pounds paid by yo:r Orator as aforesaid And yo:r Orator as aforesaid further shewes that about the

//yeare of our Lord one thousand six hundred and sixtie (sic) the said S:r William Ryder as is p:rtended made his last will and testament in writeing and thereof made constituted and appoynted Dame Priscilla Ryder his relict and Thomas Ryder his sonne Exto:rs and//

//after died after whose decease as is likewise p:rtended the said Dame Priscilla Ryder and Thomas Ryder in due forme of Law proved the said will and tooke upon them the executon thereof And now soe itt is May itt please o:r Lordspp that the said Priscilla Ryder//

//and Thomas Ryder combineing and confederateing them selves to and with Samuell Herne of London merchant a p:rtended Agent or Bookekeep for the said S:r William Ryder and to and with one ffrancis Gunne of ?Greenwich in the said County of Kent//

//Baker like Agent for the said S:r William Ryder in some of his negotiatons they the said Priscilla Ryder and Thomas Ryder since the death of the said S:r William Rider finding in some of his bookes of Accompts some pticulars of the said originall contract soe made betweene [fold in document obscures rest of line]//

//S:r William Ryder as for and concerning yo:r Orators buying the said wood and ffaggotts and therein alsoe finding yo:r Orator to be charged with the haveing and receiveing from the said sewall wharfes such or such like quantities of ffaggotts of the said//

//S:r William Ryder as is herein before sett forth and alsoe as is p:rtended finding by the said bookes of accompt tha yo:r Orator stands charged for the said ffaggotts att the rate of tenne shillings for ewy hundred thereof and alsoe finding that yo:r Orator//

//had onely payd to the said S:r William Ryder in his life time in discharge of the said contract the summe of three hundred and tenne pound and takeing noe notice of the collatterall agreement that yo:r orator made with the said S:r William Ryder for abatement//

//and defalcatons as is herein before menconned either in respect of the said S.r William Ryder not wharfing the said ffaggotts in time according to his said contract nor in respect of the damage by the rotteness of the said ?wood and takeing noe//

//notice that the orriginall agreement and contract made by yo:r Orator for the said ffaggotts was onely att eight shillings for ewy hundred they the said Priscilla Ryder and Thomas Ryder as Exect:rs of the said S:r William Ryder and by the pXXXXX//

//and instigation of the said Samuell Herne and ffrancis Gunne or the one of them have now lately caused the [fold in document obscures part of line] Court of Kings Bench att Westm:r and thereupon did XXXX yo:r Orator for XXXXXXXXXXXXXX S:r William Ryder//

//in his life time had sold and delivered to y

//of yo:r Orator five hundred and thirteene pounds

//who declared he had seene such entry in S:r William Ryders accompt bookes

//some pte of the ffaggotts

//recd from the said S:r William Ryder any other further or XXXXX quantities of number of ffagotts than is herein before sett forth And whereas in trueth y.e orriginall contract for the said ffaggotts was but att the rate & price of ??eight shillings//

//ffor ewy hundred w:tsoew other summe or price the said S:r William Ryder might privately enter in his owne Accompt bookes neither did the gewall markett price for such like ffaggotts at the tyme of the said contract XXXXXXXXX the said XXXX//

//eight shillings for an hundred and whereas in trueth yo:r Orator new had or reced from the said S:r William Ryder any Manner of bavins whatsoever neither did yo:r Orator contract with the said S:r William Ryder for any bavins//

//whatsoever but doth beleive it to be true and he peth to prove that w:tsoew bavins are charged by the said S:r William Ryders accompt booke upon yo:r Orator the same here all had and reced by the sayd ??June himselfe upon XXXXXXXXXXXXXXXXXXXXXXXXX the XXXXXXXXXXXXXXXXXXXXXXX//

//yo:r Orator hoped that the bookes of accompt of the said S:r William Ryder would as in such cases is usuall have beene pduced upon the said Tryall yo:r Orator well knowing that the said matters would have therein all appeared Butt the sd Bookes being XX//

//produced the matters aforesaid to be psent att the said tryall and therefore not able to make any defence a verdict and Judgm:t being thereupon given ag:t yo:r Orator in the said Accon yo:r Orator could now gett releife therein at coomon law ?but//

//onely releivable in a way of equity by this hon:ble Court In Tender consideracon of all w:ch and for that yo:r Orators witnesses w:ch could fully prove the Orriginall Agreement and contract made betweene yo:r Orator and the said S:r William Ryder and concerning((

//the XXXX ffaggotts to be at eight shillings for ewye hundred and noe more and that such wittnesses as could alsoe prove the collaterall Agreem:t made betweene yo:r Orator and the said S:r William Ryder as for and concerning the XXXXXXXXXXXX Ryders//

//promisse of makeing reasonable abatem:t to yo:r Orator if yo:r Orator would take away and receive all the residue of the said ffaggotts soe being rotted and dampnifyed as aforesaid and being XXXX from//

//the said woods to the said wharfes soe long after the said contract made for doeing thereof and that in psuance of that collateral agreement yo:r Orator did take and receive the same) are and att the time of the said tryall were dead or otherwise XXXXXXXXXXXXXXXXXXX be XXXX the//

//XX soe as yo:r Orator could not have them to pduce att the said Tryall or att other new Tryall in case any should have been granted in the Court of Kings Bench w:ch was the reason that your orator did not nor could move for any new tryall in XXXXX than yo:r Orator//

//being for want of witnesses noe way able to make his defense att Law nor to releive himselfe therein without the Assistance of this hon:ble Court But the trueth of y:e whole p:rmisses is well knowne to the said XXXXXXXXXXXXXXXXXXXXXXXXXXXX//

//Ryder & XXXX ?this course ??derates who have agreed to share and devyde the money recewed by this verdict ag:t yo:r Orator to and among themselves and whme yo:r Orator hopes will diXXXX the same upon their Oathes in this XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//

//XXXXXXXXXXX the said confederates may sett forth theire

//XXXXXXXXXXXX of the said ffaggotts

//XXXXXXXXXXXXXXXXXXXXXXXXXXX the orriginall agreement

//XXXXXX of the said S:r William Ryders

// XXXXXXXXX make and yo:r Orator

//XXXXXXXXXXXXX to the said Dame Priscilla Ryder

// XXXXXXX this cause shall receive a XXXXXX//

//ffrancis Pemberton [Signature, bottom RH corner]

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Notes

Ostrey-wood

"At Shooters-Hill we have a country much overgrown with coppice-wood, which is cut for faggots and bavins, and sent up by water to London. Here they make those faggots which the wood-mongers call ostrey-wood, and in particular those small, light bavins which are used in taverns in London to light their faggots, and are called in the taverns a brush. 'Tis incredible what vast quantities of these used to be laid up at Woolwich, Erith, and Dartford; but since the taverns in London are come to make coal fires in their upper rooms, the trade declines; and though the article would seem to be trifiling it itself, 'tis not immaterial to observe what an alteration it makes to the value of those woods in Kent, and how many more of them than usual are yearly grubbed up, and the land made fit for the plough."

Woodmongers

The records of the Worshipful Company of Woodmongers have not survived. There are fragmentary references in various decrees to "the keepers of the Woodwharves and the Company of Woodmongers," controlling, for example the number of carts licensed for their use in the City of London.

The woodmongers surrendered their charter in 1667, shortly after Clarendon's fall from grace, after conflict with Charles II over "the many and great abuses committed by the company of woodmongers in the sale and vent of fuel of all kinds, to the great oppression of the poorer sort."

A number of woodmongers and car men appear to have lived in Southwark. Indeed woodmongers and carmen are sometimes referred to in one phrase in contemporary documents, with references to their conflicts with wharfingers. See By the Company of Woodmongers. Orders for the regulation of their trade(date?). See also The petition of the Woodmongers and Carmen to Her Majesty, in substance sets forth (London, 1703).

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Possible primary sources

C 5/572/64 Walker v. Gavill: Middlesex. 1678
C 6/194/109 Short title: Sidenham v Gavill. Plaintiffs: Dame Anne Sydenham widow. Defendants: Edward Gavill. Subject: money matters, Somerset. Document type: bill, answer. SFP 1668
C 10/470/88 March v March, Sheene, Ferrier and Gavile: Norfolk 1669

PROB 11/346 Bunce 104-150 Will of Francis Gunn, Baker of East Greenwich, Kent 29 December 1674

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Possible secondary sources

Bennett, Eric, The Worshipful Company of Carmen of London: a short history (London, 1952)
Dale, Hilton Burleigh, The fellowship of woodmongers: six centuries of the London coal trade (XXXX, 1923)
Smith, Raymond, Sea-coal for London: history of the coal factors in the London market (London, 1961)

Stern, Walter M., The porters of London (London, 1960)