University of Virginia Library

XVIII. Virginia Company vs. William Leveson. The Answer of
William Leveson to the Bill of Complaint
November 30, 1613

The Aunswere of William Leveson Defendant to the Bill of Complainte
of the Thr̃er and Companye of Adventurers and Planters of the
Cittie of London for the ffirste Colonye in virginia.

The said defendant savinge to himself all advantage of Excepc̃on to the
incerteintie and insufficiencie of the said Bill of Complainte for Aunswer
therevnto and for manefestac̃on of the Truthe saithe That true yt is as
this defendant thincketh that the said Company in the Bill menc̃oned
had graunted vnto them the Kingℯ matℯ Letters Pattentℯ That they
might erecte sett furthe and publishe one or more Lotterries for the Causes
in the said Bill expressed, And also thinckethe yt to bee true that his
matie by his Letters Pattentℯ did giue and graunte vnto the said Com-
panie full power and authoritie for the Choice of Officers and makinge
of suche Constitution as in the Bill is menc̃oned, And also thincketh ytt
to bee true that the Complaynantℯ did erecte and publishe one greate
Lotterie in such sorte as in the Bill of Complainte is sett downe and
expressed And also saieth that true ytt is that the Compɫtℯ for the said
ppurose made diuerse Lotterie bookes as by their bill of Complaynte

they haue alleadged, for the purposes in the Bill of Complaynte Con-
teyned And this defendant further sayethe That true it is also that hee
this defendant was appointed to bee a Receivor of parte of the Lotterrie
money, And that there were seaven or more Lotterie Bookes delivered
vnto this Defendantℯ handℯ as by the said Bill is alleadged, And that
hee this Defendant did by reason thereof and the authoritie to him there-
in given from the Complaynantℯ Receave diuerse somes of money of
diuerse and sondrie p̱sonns amountinge to a greate som̄e of money the
Receytℯ whereof are by this defendant sett downe in the Bookes, wch
this defendant Receaved from the said Companye wch bookes wth the
Receiptℯ there§in§ is Conteyned this defendant hathe longe sithence deliv-
ered over vnto Sir Thomas Smithe Tresurer of the said Companye vnder
whose Custodie or vnder the Custodie of suche person or p̱sons as hee the
said Sr Thomas Smithe hathe com̄itted the same this defendant verrelie
thinckethe the said bookes are remayninge, But this defendant sayeth
that hee this defendant hathe not receaved the some of Two thousand
seaven hundred ninetie three poundℯ of Lotterie money as the Playntiffℯ
by their Bill of Complainte pretend, But this defendant to his beste Re-
membrance thinckethe That hee this defendant hathe receaved as by the
Bookes will appeare Two Thousand sixe hundred fiftie seauen poundℯ
ffifteene shillingℯ or thereaboutℯ for the more Certeintie thereof this
defendant referreth himself to the severall particulars sett downe in the
said bookℯ by this defendant deliuered overr to the said Sr Thomas Smithe
hee the defendant havinge in the said bookℯ trulie sett downe the same §in
wch said bookes this deff̴ hathe not demaunded allowaunce for dyu9se
greate losses this defendt hathe had in the receavinge of the said 2657li
15s but now desireth allowaunce for the same§ And this defendant say the
that hee neither Can nor is able in this his Aunswere to expresse the name
of everie person from whome hee receaved theire money of Two shillingℯ
and sixe pence a peece as the Plaintiffes by theire Bill require for that
the same would make a most tedious Aunswere And therefore hee this
deffendant referrethe himself to his bookes of Account aforesaid deliuered
to the said Sr Thomas Smithe to bee iustlie and truelie Caste vp what the
Receitℯ of the deffendant hathe beene And this deffendant further saiethe
That true it is That hee this deffendant hathe made the Tresurer and
some of the said Companye acquaynted wth the said Bookes and Receitℯ
And also withe those som̄es of money the said defendant hathe paid into
the said Lotterrie house vnto diverse personns beinge diverse great som̄es
of money as they the said Complaynantℯ by theire Bill of Complaynt doe
Confesse And this defendant dothe Confesse that true ytt is that hee
this defendant hath hadd many Lottℯ and Tickettℯ in the said Lotterie
house, But denieth that hee this defendaunt §hathe had§ soe many Lottℯ
and Tickettℯ out of the said house as yf hee this defendant hadd broughte
in and Receaved the some of Two Thousand Seaven hundred ninetie three
poundℯ and Tenne shillingℯ as by the said Bill of Complainte is pretended,
All wch will appeare vppon a iuste. Accounte to bee taken and had
between the Complaynantℯ and the defendant, And this defendant further sayethe That att a Courte houlden by the said virginian Companye, Tres-
urer and Socyetie aboute Twoe yeeres paste they the said Companye did
Constitute authorise and appointe this deffendant for the provydinge
buildinge erectinge and settinge vpp of a Convenyent house for the said
Lotterye and furnishinge of ytt wth all hangingℯ furniture and other stuffe
for to serve the same Lotterie wch accordinglie this defendant did take
vppon him, And therevppon hee this defendant and Companye havinge
obteyned a Place for the settinge vppe of the said house at the weste Ende
of St Paules Churche hee this defendant did buye and provide timber
and all other thingℯ for that purpose And also did provide workemen of
all sortes to build erecte and make the same and payed for all the Tymber
and other thinges that went to the same And also from tyme to tyme
paid the hyer dyett and wages of all the workemen that wroughte about
the same house §and all other chargℯ expended and laied aboute the said
lotterye§ All wch from tyme to tyme was doune by this defendant by the
order and appointement of the Tresurer and some of the said Companye
and theire advise or the advise of suche as the saide Companye appointed
was from tyme to tyme vsed and taken therein, And this defendant fur-
ther sayethe that hee this defendant was by the said Tresurer and Com-
panye appointed to take the money that should and was to bee paid for
the stuffe workmens wages and all other Chardges bothe for the build-
inge of the said house and furnishinge §of§ the same out of suche money as
hee this defendant hadd and shoulde receaue for Lotterie money, And then
at the said Courte the Complaynantℯ wth one Consent did graunt and
agree to allowe and paie to this defendant for his stypende or wages for
his travayle therein the som̄e of sixe shillinges eight pence a daye wch
the said Companye appointed this defendant to take and allowe to him-
self also out of the said Lotterrie money that should bee by him this
defendant Collected, And this defendant further sayethe that accord-
inglie vppon the Agreemente aforesaid hee this defendant hathe sette
vpp erected and builded the said Lotterie House at the weste ende of
Paules Churche and furnished the same wth the good likinge of the plain-
tiffes or the more parte of them whoe from tyme to tyme hadd the vewinge
of the worke as yt was to bee doune and gaue direcc̃on therein and Causedd
many thingℯ to bee chaunged and altered before the said worke was fin-
ished and did knowe and were made acquainted wth suche som̄es of money
as was paid and disbursed about the same house, hee this defendant shew-
inge sometimes to all of the plaintiffℯ or the greater number of them and
sometimes to two or three of the Plaintiffℯ his disbursemtℯ and paymentℯ
And this defendant further sayethe that sithence his dealinge in receavinge
of the said Lotterie money hee hathe paid vnto Sr Thomas Smithe diverse
somes of money att diverse and sondrie tymes And likewise this defendant
hathe also paid to other men diuerse somes of money the particulars of
all wch are sett downe in the Lotterie Bookℯ by this defendant receaved
from the company and in suche other bookes as this defendant hathe
deliuered to Sr Thomas Smithe and one mr Wilɫm Rowsse nominated the
husband of the Companye to looke vnto the busines of the Companye
And this defendant also saiethe that hee the said mr Rowsse hathe Caste
vppe the paymentℯ and disbursementℯ paid and layd out by this defend-
ant and hathe sum̄ed vpp everie leafe of them as hee said and as this
defendant verelie beleeveth All wch bookes of paymentℯ
and disburse-
mentℯ bothe for the Lotterrie house as aforesaid and the money paid to
Sr Thomas Smythe were delivered to the said Sr Thomas Smithe and are
as this deffendant beleeveth in their custody or in the Custodye of suche
p̱sonns as the said Sr Thomas Smithe hathe Com̄itted them vnto wch
Bookes this defendant humblye prayeth this Honorable Courte that hee
this defendant may have againe or the true Copies thereof. And then hee
this defendant will enter into Accounte with the plaintiffes for all matters
whatsoever, And whereas the said Plaintiffℯ by their Bill §do§ alleadge that
this deffendant dothe hould backe and deteine from them the Complayn-
antℯ the some of seaven hundred poundℯ wch this defendant ought to
haue delivered and payed to the Compɫtℯ this deffendant vtterlie denyethe
§that§ and hee this defendant dothe deteine or in any waies is indebted to
the said Complaynantℯ the som̄e of seaven hundred poundℯ or any some of
money at all to this defendtℯ knowledge, hee this defendant havinge allow-
ance of his iuste paymtℯ and that is due to this defendant as by the said
Bookes will appeare, ffor the Certeintie of all wch matters hee this defend-
ant referrethe himself to the said bookes, But this defendant Confessethe
that there is Certeine bourdℯ some peecℯ of tymber and other stuffe that
was lefte by the workemen vppon finishinge and furnishinge of the house
wch yett remayne But the same is not of any great value as this defendant takethe
ytt, But this defendant hathe the Custodie thereof and wilbee
readie to produce the same or accompte for ytt, wthout that that hee this
defendant ever refused to come to an Accompte wth the pɫtℯ for suche moneys as hee the said defendant hadd receaved for the said Lotterie if
hee might haue the Bookes backe againe And wthout that that hee this
defendant hathe receaved the some of Two Thousand seaven hundred
Ninetye three poundℯ Tenne shillingℯ of diverse and sondrye personns to
bee putt in and adventured in the said Lotterie as they the said Com-
playnantℯ doe by theire Bill laye to the Chardge of this defendant, And
wthout that that the said defendant did procure Lottℯ and Tackettℯ in
the said Lotterie house to the some of Two thousand seaven hundred
ninetie three poundℯ Tenne shillingℯ as the Complaynantℯ by theire Bill
haue surmised, And wthout that that hee this defendant doth wthhold and
deteine in his handℯ from the Complaynantℯ the som̄e of seaven hundred
poundℯ or any some of money at all to the knowledge of this defendant
contrarie to anie equitie honestie and good Conscyence as they the said
Complaynantℯ supposed by their Bill And wthout that that there is any
other matter or Thinge in the said Bill of Complainte conteined materiall
or effectuall in the lawe to bee aunswered vnto and §by theise deffendt§ not heerein sufficientlie aunswered vnto Confessed and avoyded traversed
or denyed is true All wch matters this defendant is readie to averre and
proue as this honorable Courte shall award and humblie prayeth to bee
dismissed out of this Courte wth his reasonable Costℯ and Chardges in
this behalf wrongfullie susteined