XI. Virginia Company vs. Sir Thomas Mildmaye and Others. the
Answer of Sir Thomas Mildmaye to the Bill of Complaint.
December 11, 1612
Chancery Proceedings, James I, Bundle U, No. 2/27
Document in Public Record Office, London
List of Records No. 21
The Aunswer of Sr Thomas Mildemaye Barronett one of the defendtℯ to
the bill of compɫt of the Treasurer & Company of Adventurers &
Planters of the Cittie of London for the first Colonye in virginia,
Compɫtℯ
Jur̃ 11
o Decẽbr: 1612 Mat: Carew Caulyn
[65]
The said defendt saving to himself nowe & at all tymes hereafter all
advantage of exception to the incertenty & insufficiency of the said bill
of compɫt, ffor aunswer to soe much thereof as concerneth him this defend
t
to make aunswer vnto saith That he neither knewe nor ever heard of any
such agreement or conclusion as in the said bill of compɫt is alledged
Neither was this defend
t privie vnto or knowing of any the consultac̃ons
of the Treasurer or Company in the said bill of compɫt named Neither
did this defend
t ever speake with them or any of them touching or con-
cerning any matter or thinge in the said bill of compɫt menconed But
this defen
t saith that aboute three yeares last past or more S
r Rob̴t Mans-
feild Knight came vnto this defen
dt & intreated him to adventure in the
said Plantac̃on at three seu
9all adventures the som̄e of Thirtie & seaven
poundℯ & tenn shillingℯ, & also to subscribe this defend
tℯ name vnto a
booke to that p
rpose. w
ch booke was afterwardℯ to be sent vnto this
defend
t And this defend
t further saith That vppon informac̃on given
by the said S
r Rob̴t Mansfeild vnto this defend
t that the said mony would
be imployed for the benefitt and p̳fitt of the adventures, this defend
t con-
discended vnto the request of the said S
r Rob̴t in hope of receiving bene-
fitt by his adventures accordinglie. And therevppon afterwardℯ did
subscribe his hand vnto a booke as in the said bill of compɫt is alledged
but this defend
t having heard by many Credible p̱sons that since that
tyme diu
9s retornes have byn made from Virginia into this realme of
England & yet noe proffitt yealded or given vp by the said Treasurer
& Company vnto any the adventures in the said Plantacon, And having
also byn lately told that he this Def̴t must expect noe p̳ffitt of his adven-
ture by the space of Twentie yeares Contrary to the informac̃on geven
by the said S
r Rob̴t Mansfeild as aforesaid and allso contrary to this
defend
tℯ expectac̃on and this def̴t being allso p̱swaded vppon good and
p̳bable reasons that the treasurer of the said mony intendeth w
th the said
mony to make p̳ffitt and advantage to him selfe and not any such generall
good as in the said bill of Complaint is alledged And for that that this
deft hath many dettℯ of his owne to satysfie and paye w
ch he in conscience
is rather bound to paye (as this defend
t taketh it) then the said som̄e of
Thirtie and seaven poundℯ & tenn shillingℯ to be adventured as aforesaid
Therefore this defend
t doth refuse to make payment of the said some of
Thirtie & seaven poundℯ & tenn shillingℯ to the said Treasurer & com-
pany as he hopeth w
th the fauo
r of this hoñoble Co
rt he lawfully maye
All which matters & things this defend
t is ready to averr maynteyne &
prove as this hoñoble Co
rt shall award, And humblie prayeth to be dis-
missed out of the same Co
rt w
th his reasonable costℯ & chargℯ in that
behalf wrongefully susteyned