CCCLXI. [Alderman Johnson.] Draft of his Observations on the
Virginia Court's Interpretation of His Majesty's Letter[221]
May (after May 24), 1623
Manchester Papers, No. 377
Document in Public Record Office, London
List of Records No. 487
They p̢tend by a nice and litterall interp̢tac̃on of his Maties Lettres to
induce a conceipt and opinion in the Court, that there the exclusion of
so many was purposed therby or as weer comp̢hended wthin the §strict§
lettre of the p̳hibic̃on of §frõ being§ [being] p̢sent at Court or Com̃ittee
as yt yt doth exclude doth admit only to vote and p̢sent such wherby are
admitted any such. say they
As haue now actually men planted vpon ther p̳p̱ and own planta-
c̃con §particular shares§ by wch they p̢tend to be excluded
Ffirst all such as plant joyntly, so that ioyant-planters of Hun-
dreds &c̃ are excluded.
Secondly such as haue planted but ther be (people being dead)
ther plantac̃ons are now not p̢sently occupied & dwelt vpon.
Thirdly such as hauing men ther; but ther men being vpon th
occasion past drawne frõ ther p̳p̱ plantac̃ons, they being spoyld
did possesse others plañs
And that none
(howsoever pur-
posing to send
men by the im̄-
ediate next ship-
ping) could be
admitted to the
Court.
Lastly all such as weer engaged by p̢sent supplies expecting frõ
hence returne of ther com̃oditie.
And inferr that m ther are not men enough so qualified as shall
or can make vp a number of ye Court.
To this wee Answeare wee conceiue his Maties pleasure is only to su exclude
such as hauing no p̢sent stocke running ther either in men or supplies
alone or wth others nor expecting or hauinge frõ thence no p̢sent profitt or
disprofitt, ought not by ther votes to charge or order other mens interests.
Ther being besids much suspic̃on that such votes serue only to make vp a
side therby to double yt to cary what yt pleaseth to the disadvantage of
such as are ingaged in the p̢sent advancemt of the plantac̃ons and by
supplies of men or p̳uisions.
[2] And therefore wee conceiue his Maties pleasure is.
That all men wch are free of the companie and haue§ing§ shares
that ether haue had men vpon ther plantac̃ons: or haue men or
servants resident ther vpon ther p̳p̱ plantac̃ons: or vpon a ioynt-
plantac̃on: or are engaged by supplies expecting returne of
com̃oditie, are enabled and allowed to be p̢sent at Com̃ittees &
Courts. Of wch ther are many hundreds suffycient for abilitie or
number to hould Courts.
And therfore some declarac̃on & explanac̃on may be made of his Maties
lettre by his Maties or the Ldℯ Interp̢tac̃on and no reason to alter but
explyan.
Ther petic̃on relating reciting the two p̳hibicons of his Maties lettres desires
the alterac̃on of his Maties inhibic̃ons as p̳ceeding frõ his Maty vpon misin-
formac̃on. The first tending in effect to dissolue the companie by dis-
abling them to hould any Court. And Wth this that they durst not he
returne agayne to hould any Court vntill the same was revoked: And that
the second tended to take frõ them all redresse of any wrongs done to the
Companie or any way to complayne.
The reasons of these conclusions they left to be drawne and agreed vpon
by Sr Edward ye L. Pagett Sr Ed. Sackvile. The Ffarrers &c̃ wch wthout
being [3] com̃unicated to the Court should be deliu9d as their reasons for
th' vphoulding of the conclusions of the peticn. The peticn is to be de-
liuered by Mr White Mr Scott Mr Benett & Mr Zouch, who must wayte
to morrow morning at the Court wher the Chancellor of the Duchy shall
meete them and carry them to his Matie to p̢sent the peticn.
[Indorsed by Sir Nathaniel Rich:] Mr Johnsons obser̃n of [the] carriag of
the business vpon the Kgℯ first ɫre for putting some absent[ee]s
* * *[223]
Court