University of Virginia Library

XII. Virginia Company vs. Sir Thomas Mildmaye and Others. The
Answer of James Bryarley and Mathewe de Quester to the
Bill of Complaint
January 11, 1612/13

The Jointe and seu9all Answers of James Bryarley and Mathewe de
Quester twoe of the Defendtℯ to the Bill of Compɫt of the Treasurer
and Company of Adventurers & Planters of the Cittie of London for
the firste Colonie in Virginia Complaynantℯ.

The said Defendantℯ by p̳testac̃on not Confessinge the said Bill of
Compɫt nor the matters in the said Bill of Compɫt materially concerninge
these defendtℯ Conteyned to bee true in such manner and forme as in the
said Bill of Complaint the same are sett forth & declared And savinge
nowe and att all times hereafter vnto these Defendtℯ All advantagℯ of
excepc̃on to the incertenty and insufficiency of the same Bill of Compɫt
for answere vnto soe much thereof as Concerneth these Defendtℯ They and
eich of them seu9ally and respectiuelie for him selfe saieth And firste this
Defendant James Bryarley saieth That before the supposed promise or
vnderwritinge by this Defendant for paimte of Twelve Powndℯ Tenne
shillingℯ eu9ie yeare Duringe three yeares menc̃oned in the said Bill This
Defendant by p̱swation of som̄e of the said Company menc̃oned in the
said Bill had adventured and Deliu9ed into & for the said acc̃on & plan-
tac̃on seu9all som̄es of money Amountinge to the som̄e of Threeskore
and twoe poundes or thereaboutes vppon Confidence and promise att
leaste to bee made a saver thereby wch this Defendt by that wch of late
hee hath decerned thinketh to bee very vnlikelie. And this Defendt
was afterwardℯ earnestlie laboured by one Mr Robert Johnson of the said

Company to vnderwrite for the said Twelve powndℯ tenne shillingℯ
yearelie Duringe the said three yeares, and did absolutelie and resolutelie
Denie soe to vnderwrite of promise And then att the further instance of
the said mr Johnson affirminge that if this Defendt would vnderwrite
therefore That hee would and could p̱swade one mr willyam Bennett a
Cittizen of London the rather by this Defendtℯ example alsoe to vnder-
write for the like som̄es wth intente and agreemtℯ nevertheles that if the
said Mr Johnson should not soe prevayle and procure the said Mr Ben-
nett to vnderwrite, and that the said Mr Bennett did not in like mann9
vnderwrite Then this Defendtℯ vnderwritinge should bee Crossed oute
and voyd and not Certified And vppon that Condic̃on and wth that
intente onelie and in that mann9 and noe otherwise this Defendt Did
vnderwrite And this Defendant saieth that the said Mr Bennett never
did not would soe vnderwritt And nevertheles the said Mr Johnson Con-
trarie to agreemt and meaninge and to the said Condic̃on well knowne
to him selfe kepte and Deliu9ed in the same Booke wherein this Defendt
had soe subscribed to the said Company in wronge of this Defendt Not-
wth standinge this Defendant intreated him the said Mr Johnson to putt
oute this Defendt his said vndrwritinge accordinge to agreemte and mean-
inge as aforesaid ffor the trueth whereof to such effecte and in manner
aforesaid this Defendt will bee Contented to referre him selfe to the oath
of the said Mr Johnson. And for that which Concernes this other De-
fendant Mathewe De Quester hee for him selfe saieth That hee Did
adventure ffiftie Powndℯ in the said acc̃on and plantac̃on wth the said
Companie, and afterwardℯ by earnest p̱swation of som̄e of the said Com-
pany prtendinge good successe and gaine to ensue thereby Hee this De-
fendant subscribed to paie Twelve Powndℯ tenne shillingℯ yearelie for
three yeares And §after§ alsoe that and aboute sixe monethes nowe laste
paste seeinge there Came noe proffitt of the ffirste adventure of ffiftie
Powndℯ and vnderstandinge that smale likelie hood was of benefitt or
recompence §was§ to growe by or oute of the said acc̃on or adventure
This Defendt as is vsuall and lawful amongest m9chantℯ in like Cases
was willinge to exeuse §exempt§ and free him selfe oute of the said acc̃on
& adventure and to quitt him selfe from the said Companie and from all
further adventures and charge and from expectac̃on of benefitt and gaine
thereby And therevppon this Defendt accordinglie Did §for a smale some
of money vnder the value of tenn poundℯ§ sell transferre and assigne over
all his said adventure and stock and all the Charge and benefitt thereof
or in or by the said acc̃on And all his intereste in the said acc̃on and
Company to one Mr John Moore of the Cittie of London gent. whome the
said Companie have accepted of & admitted in this Defendtℯ place
accordinglie And therefore this Defendant intendeth and hopeth hee
ought not to bee further Charged in or for or to the said acc̃on adventure
or Companie This Defendt never havinge received anie thinge of his said
adventure of ffiftie powndℯ from the said Companie And these Defendantℯ
saye wth oute that, that anie other matter or thinge in the said Bill of
Compɫt Conteyned materiall or effectuall by these Defendtℯ or eyther of
them to bee answered vnto and not herein well & sufficientlie Confessed
avoyded traversed or Denied or answered vnto is true in mann9 and
forme as in the said Bill of Complainte is alledged All which matters
theis Defendantℯ for their p̱tℯ are and will bee readie to averre and proove
as this honorable Courte shall award and praye from thence to bee Dis-
missed wth their reasonable Costℯ and Chargℯ in this behalfe wrongfully
susteyned