Manuscript 'Writing of Award indented', signed by 'John Whishaw & ffletcher Gyles Arbitrators' in a dispute between Joseph Fisher and 'Mark Jinks otherwise Jenks [...] Administrator of Samuel Mascie'.

Fletcher Gyles (d.1741), London bookseller; John Whishaw [ Joseph Fisher; Mark Jinks or Jenks; Samuel Mascie ]
Publication details: 
[ London. ] 10 August 1741.
SKU: 19370

On one side of a 42 x 33 cm. piece of watermarked laid paper. In good condition, lightly aged and worn, with Gyles's seal torn away from the bottom right-hand corner. Signatories' names at bottom right: 'J: Whishaw [seal in red wax] | F Gyles'. Witnesses' names at bottom left: 'Rob: Wadeson | Jno. Jackson Cursitor's Street'. Three embossed tax stamps to left-hand margin. Headed: 'All Matters adjusted to Midsummer 1735 inclusive', followed by two columns of accounts, that on the left headed 'Mr. ffisher hath paid Since that time to wit', and that on the right headed 'Mr. Mascie has paid Since that time to wit'. The 'award' proper covers thirty-six lines of close text, and begins: 'To all People To whom this present Writing of Award indented shall come We John Whishaw of the parish of Saint Andrews Holbourn Esquire and ffletcher Gyles of the same Parish Bookseller send Greeting Whereas Differences are depending Between Joseph ffisher of the aforesd. parish Esqr. and Mark Jinks otherwise Jenks of the same parish Linnen Draper Administrator of Samuel Mascie'. Gyles is described in Nichols' 'Literary Anecdotes' as 'bookseller in Holborn, treasurer of the charity-school in Hatton Garden, and an intimate friend of Mr. Bowyer'. The current item was signed by him a few days before his death 'of an apoplexy' on 8 November 1741. BBTI has him active from 1714 to the year of his death. He instigated the celebrated Chancery suit Giles v Wilcox (1740), which established the concept of 'fair abridgement', which was later to become 'fair use'.