University of Virginia Library

XVII. Virginia Company vs. William Leveson. The Bill of
Complaint
November 15, 1613

Complayninge shewen vnto yor Lorpp yor dailye orators the Treasurer
and Companye of Adventurers & Planters of the Cittie of London for the
first Colonye in Virginia That whereas for the furtherance and advancemt
of the said Plantac̃on, beinge a matter of great importance and conse-
quence aswell for the p̳pagac̃on of Xr̃ian. religion as for the Honour of
his Matie & the profitt and comoditie of this his highnes kingdome, it
pleased his Matie by sundrye his letters patentℯ out of his singuler grace
& favour and for the good of the said plantac̃on to grant vnto yor said
orators many liberties franchises p̳fittℯ comodities p̢viledges & p̢hemi-
nences. Amongest wch his said Matie by his highnes letters patentℯ
bearinge date at Westminster the twelueth §day of March§ in the ninth
yeare of his happy raigne for the more effectuall advancinge of the said
plantac̃on by vertue of his highnes p̢rogative royall & by the assent &
consent of the Lordes & others of his Matie privie counsell did give
& grant vnto yor said orators full power and authoritie, free leaue libertie &
licence to sett forth erect and publishe one or more Lotterye or Lotteries
in the Cittie of London or elsewhere, & the same to have continuance &
to indure for a certen tyme not yet ended & expired and to be held with
such prises articles condic̃ons & limitac̃ons, as to yor said orators in there
discrec̃ons should seeme convenient, And further that it should and might
bee lawful for yor said orators to elect & choose Receyvors Auditors Surveyors
Comissioners or any other officers whatsoeu9 att there will & pleasure
for the better marshallinge disposinge guidinge and gou9ninge of the said
Lottrie or Lottries. By vertue of wch grant yor said orators about Easter
last was twelue §moneth§ did erect & publishe one greate Lottrie, & did
appointe the same to bee opened and held in the Cittie of London, and
for the better marshallinge disposinge guidinge & gou9ninge of the said
Lottrie, did deuise & compose certen Lottrie bookes to the nomber of
seauen bookes wch were distinguished & knowne by three nombers, and
did elect and choose out certen knightℯ gentlemen & marchantℯ into
whose handes they comitted & putt the said bookes, of purpose that
those p̱sons soe imploied should bee receyvors of such somes of mony as
any Noblemen gentlemen and other p̱sons would putt in and adventure
in the said Lottrye, wch speciall trust and confidence reposed in the said
receyvors to this effect followinge viz: that whatsoeu9 some or somes of
mony should soe as aforesaid bee by them collected and receyued that
they should returne in & deliver the same together with the said bookes
vnto the Treasurer of the Companye aforesaide or to such other p̱sons as
were appointed to receyue the same, and further to make a true and iust
accompt to yor said orators of all such somes of monye as should come
vnto there handes or bee by them receyued in manner and forme aforesaid.
And therevpon amongst other p̱sons of good sort ranke and degree wch
were accordinglie appointed Receyvors of the said Lottrye monye, and
vnto whome such Lottrie bookes as aforesaid for the purpose aforesaid
were deliu9ed William Leveson of the Cittie of London Mercer was vpon
his owne request & intreatie nominated and appointed to bee a Receyvor
of the said Lottrie monyes, and therevpon there were deliuered and putt
into his handes seauen of the said Lottrie bookes, with and vpon the trust
& confidence aforesaid viz: that he should collect and receiue such monyes
as beinge adventured by any Nobleman gentleman marchant or other
should bee registred and written in the said bookes or any of them.
Wherevpon the said William Leveson hauinge about two yeares sythence
& about halfe a yeare before the said greate Lottrie was opened receyued
the said bookes with such Comission and trust as aforesaid, did by reason
therof receyue of sundrye p̱sons to be putt in, and adventured in the said
Lottrie divers somes of monye amountinge in the whole to the some of
two thousand seauen hundred fower score and thirteene poundes tenn
shillinges wth wch bookes and receytes he the said Leveson made the said
Treasurer, and some of the said Companye vsed and imployed in that
busines acquainted, and paid in to the Lottrie house, or to such p̱sons as
were appointed to receiue the same dyvers somes of monye, and p̳mised
faithfullie to paie in the rest, & by such his promises p̳testac̃ons and faire
speaches he the said William Leveson did p̳cure lottℯ and Tickettℯ in the
said Lottrie House for the said some of two thousand seuen hundred
fower score and thirteene poundes tenn shillinges as thoe all the said
mony had beene brought in by him and receiued at his handes. And soe
yor said orators did beare the adventure and made allowance for the whole
some of two thousand seven §hundred fowerscore & thirteene poundℯ
tenn shillingℯ§ poundes Howbeit yor said orators doe further informe yor
good Lorpp that notwthstandinge the p̳testac̃ons & faire promises of the
said William Leveson to deliuer and paie in all the said monyes wch he
had soe as aforesaid receiued, & to make a true and iust accompt for the
same, that the said William hath wth held backe retayned and kept in
his owne handes of the said two thousand seuen hundred fower score and
thirteene poundes tenn shillinges soe as aforesaid by him receyued the some
of seuen hundred poundes wch he should have deliuered & paid in as
aforesaid, contrarye to all equitye, honestie and good conscience, and to
the greate p̢iudice and damage of yor said orators, whoe have beene forced
att there owne charge to support the said plantac̃on, and out of there owne
purses to disburse the said some of seuen hundred poundes soe as aforesaid
vniustlie & wrongfullie wthheld from them by the said Wilɫm Leveson &
by him conu9ted to his owne pryvate & p̱ticuler vses, to the greate hin-
derance of the said plantac̃on. In considerac̃on whereof, and for that
his said most gratious Maties will & pleasure is (wch he hath to that
purpose expresslie signified in his said letters patentℯ) that in any suit
or suites Comenced or to be Comenced in any of his Maties Courtℯ at
Westminster by the said Treasurer & Companie, or otherwise against
anye such p̱sons as defraude them of monyes p̳mised or due, That his
Judges for the tyme beinge both in the Court of Chancerye & at the
Comon lawe should favour & further the said suites soe farr forth as
lawe & equitie will in any wise p̱mitt. And for that likewise yor said
orators haue noe remedye at the Comon Lawe to recou9 the monyes
whereof they are defrauded in regard they doe not knowe by whose handes
or at what tyme the said some of two thousand seuen hundred fower
score & thirteene poundes tenn shillingℯ was receyued, the same beinge
had & receiued by the said mr Leveson, most of it by pettie & small
somes, & by the handes of a very greate & almost infinite nomber of
seu9all p̱sons. May it therefore please yor lorpp for the releife of yor
orators herein to grant vnto them his Maties most gratious writt of sub-
pœna to bee directed vnto the said Wilɫm Leveson comandinge him
thereby at a certen day & vnder a certen paine therein to bee limitted
p̱sonallye to app̱e before yor good Lorpp in his Matℯ most high Court of
Chancery then & there p̱ticularlye to answere the p̢misses & to sett
downe vpon his oathe what monyes he hath soe as aforesaid receiued &
howe much thereof he hath paid in, & howe much as yett remayneth in
his handes. And further to stand to & abide such order & direction
therein as to yor Lorpp shall seeme agreable wth equitie and iustice. And
yor said orators shall &c.