University of Virginia Library

X. Virginia Company vs. Sir Thomas Mildmaye, James Bryarley,
Mathewe de Quester, and Others. The Bill of Complaint
November 25, 1612

Complayning shewen vnto your Lopp your dailie Orators the Treasurer and
Companie of Adventurers and Planters of the Citty of London for the
first Colonie in Virginia That whereas Diuers of his Maties loving Subiectℯ
in the tyme of the late Queene Elizabeth of happie and famous memory
did discover and finde out that parte of America Wch was then vppon that
first discovery named Virginia in honor of the said late Queene and is
nowe generally §called§ and knowne by the same name and did after
such discou9y made Continewe from tyme to tyme to plant and inhabitt
the said Countrie to there greate Charg and expences vntill the tyme of
the gou9ment of our gratious Sou9ainge the Kingℯ Matie that nowe is who
being enformed by the said Planters and Adventurers as well of there
greate Charge beestowed in that Discou9y and plantac̃on as of the
greate Commodities and advantages like to arise vnto his Matie and this
Kingdome by the said plantac̃on did by his L̃res-patentℯ vnder the greate
Seale of England bearing date at Westmĩster the three and twentieth day
of May in the seaventh yeare of his Raigne of England ffraunce and Ireland
and of Scotland the two and fortieth for the propagac̃on of Christian
Religion and reclayming of people barborous to Civillitie and humanity
Give and graunt that they the said Planters and Adventurers and all
such and so many as should from tyme to tyme for ever after bee ioyned
with them as Planters or Adventurers in the said plantac̃on and there
Successors for ever should bee one body pollitique incorporated by the
name of the Treasurer and Companie of Adventurers and Planters of the
Cittie of London for the first Colonie in Virginia with diuers grauntℯ
lib̴ties franchises prheminences priviledges profittℯ and Commodities
graunted in and by the said L̃res-patentℯ to the said Treasurer and Com-
panie and there Successors for ever as in and by the said L̃res-patentℯ

more at large it doth and may appeare. And whereas allso his gratious
Maty by other his L̃res-patentℯ vnder the greate Seale of England bearing
date at Westm9 the twelveth day of March in the nynth yeare of his
Raigne of England ffraunce and Ireland and of Scotland the fyve and
fortieth tendring the good and happie successe of the said plantac̃on
bothe in regard of the generall weale of humane societie as in respect of
the good of his Maty owne estate and Kingdomes and being willing to
give furtheraunce vnto all good meanes that might advaunce the benefitt
of the said Companie and Wch might secure the safetie of his Subjectℯ
planted in the said Colony vnder the favour of God Allmightie and his
Mate Roiall power and authoritie did likewise Give graunt and Confirme
vnto the said Treasurer and Companie the said Country of Virginia with
further extent of ground and Islandℯ adiacent in the said L̃res-patentℯ
menc̃oned and graunted togeather with such further priviledges as to his
gratious wisdome did seeme Convenient for the advauncing of so noble
an acc̃on And his said Matie of his more abundant grace and favour to
the said plantac̃on did allso Cause a peculier and sp̃eall Clause to bee
inserted in the said ɫres-patentℯ namelie that whereas the failing and
non paymt of such som̄es of money as haue beene promised in adventure for
the advauncemt of the said plantac̃on hath beene often by exp̱ience found
to bee daungerous and pr iudiciall to the same and much to haue hindered
the p̳gresse and p̳ceeding of the said plantac̃on and for that it seemed
vnto his Matie a thing reasonable that such p̱sons as by there hand-wryting
haue engaged themselves for the paymt of there adventures and after-
wardℯ neglecting there faith and p̳mise should bee Compellable to make
good and keepe the same that therefore his Matiℯ will and pleasure was
that in any sute or sutes Commenced or to bee Commenced in any of his
Matiℯ Courtℯ at Westm9 or ells where by the said Treasurer and Companie
or otherwise against any such p̱son or p̱sons that his Judges for the tyme
being bothe in the Courte of Chauncery and at the Common lawe should
favour and further the said sutes so farr foorth as lawe and equitie will
in any wise suffer and p̱mitt as in and by the said last recited ɫres-patentℯ
amongst diuers other favours and priviledges therein Contayned it doth
and may more at large appeare. And after the said first grant of incor-
porac̃on so obtained the said Treasurer and Companie did sett out
Certaine shipps brought and furnished with all kinde of necessarie pro-
visions and munition and well manned with souldiers and p̱sons of other
quallities and Condic̃ons fitt for such an enterprise hoping and intending
thereby and by that greate Charge and prparac̃on to haue p̱fected and
setled that plantac̃on. But finding it afterwardℯ to bee a worke of greater
difficultie and being enformed by Sr Thomas Gates Knight (whome they
had imploied there with the Charge and title of Generall of that Colonie
who was newly sent home from Virginia for that busines) that a greater
supply of men and money must bee had and was requisite and necessary
for the accomplishmt of that honorable acc̃on and the establishmt of the
said plantac̃on the said Companie entred into a newe Counsell and finding
that without a newe aide and supplie to bee sent vnto Virginia (such as
was required by the said Sr Thomas Gates in the name of the Lord Gov-
ernor and Colonie there) so honorable and religious an acc̃on must fall
to the ground to the vtter ou9 throwe of the said Companie the losse of
all there former Charges and expence the detriment of Christian Religion
and greate preiudice vnto this Kingdome It was finally Concluded and
agreed that as well all those who had beene former Adventurers in the
said Plantac̃on and free of the said Companie as those who were to bee
receaved into the freedome societie and fellowshipp of the said Companie
for the tyme to Come should seu9ally and p̱ticulerly adventure and lay
Downe §towards§ a newe supply to bee sent for the reliefe of the said
Colonie in Virginia the som̄e of seaven and thirty poundℯ and tenn shillingℯ
at leaste for eu9y p̱ticuler mans adventure the said som̄e to bee paid in
three years that is to say the som̄e of twelve poundℯ and tenn shillingℯ
eu9y yeare and the first paymt thereof to begynn and bee at the tyme of
such p̱sons vnderwryting Wherevppon the same being made knowne diuers
and sundry p̱sons as well of those who were free of the said Companie as
others that desired to bee free of the said fellowshipp and Corporac̃on
(in Considerac̃on of there freedome and for that there names must bee
inserted as freemen and Adventurers in the said second ɫres paten L̃res-
Patentℯ and for diuers other good Causes and Considerac̃ons them there
vnto moving). Did promise vnto the said Treasurer and Companie that
they would disbursse pay in and deliuer vnto the said Treasurer eu9y
one of them the som̄e of seaven and thirtie poundℯ and tenn shillingℯ at
least. And diuers other p̱sons out of there good affecc̃on and inclinac̃on
to so honorable and Christian an acc̃on did promise to disbursse and pay
in vnto the said Treasurer greater som̄es of money whereof the paymte
were to bee made in three yeares p̳portionably in manner aforesaid. And
therevppon in the monethes of October November and December in the
eight yeare of his Matℯ happie Raigne and at diuers tymes since in a booke
and in Certaine Rolles to that purpose made by gen9all advise and Con-
sent with a title and inscripc̃on in the begynning of the said booke and
seu9all Rolles Contayning the purpose and p̳mises of the said Adventurers
eu9y one of the said Adventurers that had so p̳mised to adventure did
write downe his name with the som̄e which hee did promise to adventure
for the three yeares ensuing thereby testifying the said agreemt and
promises of purpose more assuredlie to binde themselves vnto the said
Treasurer and Companie for the true p̱formance of there promised adven-
tures and to give encouragemt and assuraūce of indempnitie to the said
Treasurer and Company for the disburssing and laying out of such greate
som̄es of money as should bee thought requisite and necessary for the
reliefe and supply of the said Colonie and afterwardℯ according to the
said promise agreemt and vnderwryting manie reverend Prelates Earles
Lordℯ honorable and vertuous Ladies Knightℯ gentlemen Citizens of good
accounte and quallitie and others did pay in vnto the Treasurer of the said
Companie such som̄es of money as they had agreed and vnderwritten to
pay who vppon such payment deliuered them bills of Receipt and enfraūn-
chismt sealed with the Com̄on Seale of the said Companie After Wch
seu9all agreemtℯ and promises so made and executed in manner aforesaid
the said Treasurer and Company did vndertake to furnish the said Colonie
with all thingℯ necessary and did from tyme to tyme send out Shipps for
the advaūcem̃t of the said plantac̃on sufficientlie furnished with able
Gou9nors and Commaunders both at sea and land with sufficient numbers
of men as well Sailers souldiers husbandmen ffishermen as Artizans of
sundry kindes for the necessitie of that busines with all sortℯ of victualls
and seu9all kindes of Cattle with other necessaries and Conveniencies of
seu9all natures requisitt for the setling of that plantac̃on and for the
sustenūnce and well-being of that Colonie to there greate and excessive
Charge which Charge amounting to manie thousand poundℯ more then
they had readie meanes to satisfie the said Treasurer and Companie were
enforced to engage themselves and there Credittℯ for very greate somes of
money Wch they the more willingly and readily did adventure to doe for
the gen9all Cause in hope to be freed and saved harmeles by the moneys
to be receaved from the said Adventurers wch they assured themselves
eu9y one (as hee was bound in honestie and Conscience) would pay in
his dewe tyme according to that which hee had vnderwritten. But nowe
so it is (may it please your good Lopp) that manie of the said Adventurers
out of a Careles or Covetous Disposic̃on haue not only refused to send
in theire said adventures at the tymes dew by their owne agreemt and
vnderwriting but being required and sent vnto for the same moneys some
of them doe make slight and dilatory aunsweres and others doe vtterly
denie and refuse to pay the same vnles they shalbee therevnto by lawe
Compelled §as namely Wm Poole knight having in Marche 1610 in and
towardℯ the said adventure and plantacon and for the consideracons
aforesaid promised at the tymes and dayes of payment before menc̃oned
to paye in the some of therty seauen poundℯ tenn shillingℯ and hauing in
March aforesaid [vnderwritten for the paymt of the same[62] ] hath not paied
in the said thertie seauen poundℯ tenn shillingℯ nor any part thereof
And likewise Sr Thomas Mildmay Sr Richard Binglie, Sr Jhon Hungerford
knights, Jhon Legate Jhon Kinge Richard Warner, Esqrs, Mathew de
Quester James Brierly, Jhon Miller Edward Cooke & Edward Pond
hauinge in lyke mannor abowt the same tyme euerie one of them for
himselfe seuerallie and respectiuelie made the like promise to paye in the
lyke seuerall somme of thertie seauen poundℯ tenn shillingℯ a peece and
in like sorte euerie one of them hauinge seuerallie and respectiuelie vnder-
written for the payment of the same haue not nor any one of them hath
made payment accordingly but are all and euery of them behind and
arere of there said seuerall sommes of money and with euery parte thereof§
whereby not only your Lopps Orators are like to bee greatly priudiced in
there estates and vtterly ou9throwne in there Creditt and this so honorable
and Christian an acc̃on (wch was in so greate a forwardnes of p̱fecc̃on)
vtterly relinguished and neglected to the greate dishonor and detrimt
of this Kingdome but allso manie of his Matℯ Subiectℯ in a farr Countrie
must bee abandoned and lefte to the daunger of famishing and to the
Cruell rage of barbarous Infidells In tender Considerac̃on whereof and
for the avoiding of multiplicitie of suits at the Com̄on lawe wherein your
Orators cannot hope for so Certaine and speedie a remedie as the extremitie
of their Case and the p̃nte necessitie and importaūce of the busines requireth
your Lops Orators doe in all humblenes beseech your Lopp (according to
his Matℯ foresaid gratious direcc̃on menc̃oed and recommended vnto your
Lopp and other his Judges in his said last recited L̃res-patentℯ and out of
your accustomed goodnes) to graunt vnto your said Orators his Matℯ
moste gratious writt of Sub-pena to bee directed vnto Sr William Poole
Knight Sr Thomas Mildmay Sr Richard Bingley Sr John Hungerford, Knightℯ John Legate John King Richard Warner Esquiers Mathew de
Quester James Brierley §John Miller§ Edward Cooke and Edward Pond
Citizens of London Com̄aunding them and eu9y of them at a Certaine
day and vnder a Certaine paine therein to be lym̄itted to bee and p̱sonally
to appeare before your Lop in his Matℯ high Courte of Chauncery then and
there to aunswere the premisses and to sett downe vppon there Corporall
oathes whether they and euery of them haue not made such p̳mise or vnder-
written there names in such Booke or Rolle as is aforesaid as Adventurers
towardℯ the said plantac̃on or supplie of the said Colonie of Virginia and
to abide such further order and direcc̃on heerein as to your Lopp shallnie
seeme Conuenient. And your Orators shall pray for your Lops prservac̃on
in all happines.