Virginia under the Stuarts 1607-1688 Part 9

In 1629 he sailed for Virginia, with his wife and children, and arrived at Jamestown the first day of October. His reception by Governor Pott and the Council was by no means cordial. The Virginians were loath either to receive a band of Catholics into their midst, or to concede to them a portion of the land that they held under the royal charters.

Desiring to be rid of Baltimore as speedily as possible, they tendered him the oath of supremacy. This, of course, as a good Catholic he could not take, for it recognized the English sovereign as the supreme authority in all ecclesiastical matters. Baltimore proposed an alternative oath of allegiance, but the Governor and Council refused to accept it, and requested him to leave at once. Knowing that it was his intention to apply for a tract of land within their borders, the Virginians sent William Claiborne after him to London, to watch him and to thwart his designs.

Despite Claiborne's efforts a patent was granted Baltimore, making him lord proprietor of a province north of the Potomac river, which received the name of Maryland. Baltimore, with his own hand, drew up the charter, but in April, 1632, before it had pa.s.sed under the Great Seal, he died.

A few weeks later the patent was issued to his eldest son, Cecilius Calvert. The Virginians protested against this grant "within the Limits of the Colony", claiming that it would interfere with their Indian trade in the Chesapeake, and that the establishment of the Catholics so near their settlements would "give a generall disheartening of the Planters".[269] But their complaints availed nothing. Not only did Charles refuse to revoke the charter, but he wrote the Governor and Council commanding them to give Lord Baltimore every possible a.s.sistance in making his settlement. You must, he said, "suffer his servants and Planters to buy and transport such cattle and comodities to their Colonie, as you may conveniently spare ... and give them ... such lawful a.s.sistance as may conduce to both your safetyes".[270]

The second Lord Baltimore appointed his brother, Leonard Calvert, Governor of Maryland, and sent him with two vessels and over three hundred men to plant the new colony. In February, 1634, the expedition reached Point Comfort, where it stopped to secure from the Virginians the a.s.sistance that the King had promised should be given them.

They met with scant courtesy. The planters thought it a hard matter that they should be ordered to aid in the establishment of this new colony.

They resented the encroachment upon their territories, they hated the newcomers because most of them were Catholics, they feared the loss of a part of their Indian trade, and they foresaw the growth of a dangerous rival in the culture of tobacco. Despite the King's letter they refused to help Calvert and his men. "Many are so averse," wrote Harvey, "that they crye and make it their familiar talke that they would rather knock their Cattell on the heades than sell them to Maryland."[271] The Governor, however, not daring to disobey his sovereign's commands, gave the visitors all the a.s.sistance in his power. "For their present accomodation," he said, "I sent unto them some Cowes of myne owne, and will do my best to procure more, or any thinge else they stand in need of."[272] This action secured for Harvey the praise of the Privy Council, but it made him more unpopular with his Council and the people of Virginia.

After a stay of several weeks at Point Comfort, Calvert sailed up the Chesapeake into the Potomac, and founded the town of Saint Mary's. This, however, was not the first settlement in Maryland. In 1631, William Claiborne, returning from England after his unsuccessful attempt to block the issuing of Baltimore's charter, had established a settlement upon Kent Island in the Chesapeake Bay. Here he had built dwellings and mills and store houses, and had laid out orchards and gardens. In thus founding a colony within Baltimore's territory he was sustained by the Council. When Calvert arrived in 1634 he sent word to Claiborne that he would not molest his settlement, but since Kent Island was a part of Maryland, he must hold it as a tenant of Lord Baltimore. Upon receipt of this message Claiborne laid the matter before his colleagues of the Virginia Council, and asked their commands. The answer of the Councillors shows that they considered the new patent an infringement upon their prior rights and therefore of no effect. They could see no reason, they told Claiborne, why they should render up the Isle of Kent any more than the other lands held under their patents. As it was their duty to maintain the rights and privileges of the colony, his settlement must continue under the government and laws of Virginia.

Despite the defiant att.i.tude of the Virginians, it is probable that Calvert would have permitted the Kent Islanders to remain unmolested, had not a report spread abroad that Claiborne was endeavoring to persuade the Indians to attack Saint Mary's. A joint commission of Virginians and Marylanders declared the charge false, but suspicion and ill will had been aroused, and a conflict could not be avoided. In April, 1635, Governor Calvert, alleging that Claiborne was indulging in illicit trade, fell upon and captured one of his merchantmen. In great indignation the islanders fitted out a vessel, the _c.o.c.katrice_, to scour the Chesapeake and make reprisals. She was attacked, however, by two pinnaces from Saint Mary's and, after a severe conflict in which several men were killed, was forced to surrender. A few weeks later Claiborne gained revenge by defeating the Marylanders in a fight at the mouth of the Potomac.

In these encounters the Kent Islanders had the sympathy of the Virginia planters. Excitement ran high in the colony, and there was danger that an expedition might be sent to Saint Mary's to overpower the intruders and banish them from the country. Resentment against Harvey, who still gave aid and encouragement to Maryland, became more bitter than ever.

His espousal of the cause of the enemies of Virginia made the planters regard him as a traitor. In 1635 Samuel Matthews wrote to Sir John Wolstenholme, "The Inhabitants also understood with indignation that the Marylanders had taken Capt. Claibournes Pinnaces and men ... which action of theirs Sir John Harvey upheld contrary to his Majesties express commands."[273] The Councillors held many "meetings and consultations" to devise plans for the overthrow of the new colony, and an active correspondence was carried on with Baltimore's enemies in England in the vain hope that the charter might yet be revoked.[274]

Matters were now moving rapidly to a crisis. Harvey's administration became more and more unpopular. Sir John Wolstenholme, who kept in close touch with the colony, declared that the Governor's misconduct in his government was notorious at Court and in the city of London.[275] When, in the spring of 1635, he was rudely thrust out of his office, the complaints against him were so numerous that it became necessary to convene the a.s.sembly to consider them.[276]

To what extent Harvey usurped the powers of the General a.s.sembly is not clear, but it seems very probable that he frequently made use of proclamations to enforce his will upon the people.[277] It was quite proper and necessary for the Governor, when the houses were not in session, to issue ordinances of a temporary character, but this was a power susceptible of great abuse. And for the Governor to repeal statutes by proclamation would be fatal to the liberties of the people.

That Harvey was guilty of this usurpation seems probable from the fact that a law was enacted declaring it the duty of the people to disregard all proclamations that conflicted with any act of a.s.sembly.[278]

Also there is reason to believe that Harvey found ways of imposing illegal taxes upon the people. John Burk, in his _History of Virginia_, declares unreservedly that it was Harvey's purpose "to feed his avarice and rapacity, by a.s.sessing, levying, and holding the public revenue, without check or responsibility".[279]

In 1634 an event occurred which aroused the anger of the people, widened the breach between the Governor and the Council, and made it evident to all that Harvey would not hesitate upon occasion to disregard property rights and to break the laws of the colony. A certain Captain Young came to Virginia upon a commission for the King. Wishing to build two shallops while in the colony and having need of a ship's carpenter, Young, with the consent of Harvey, seized a skilled servant of one of the planters. This arbitrary procedure was in direct defiance of a statute of a.s.sembly of March, 1624, that declared that "the Governor shall not withdraw the inhabitants from their private labors to any service of his own upon any colour whatsoever".[280]

Upon hearing of the incident Captain Samuel Matthews and other members of the Council came to Harvey to demand an explanation. The Governor replied that the man had been taken because Young had need of him "to prosecute with speed the King's service", and "that his Majesty had given him authority to make use of any persons he found there".[281]

This answer did not satisfy the Councillors. Matthews declared "that if things were done on this fashion it would breed ill bloude in Virginia", and in anger "turning his back, with his truncheon lashed off the heads of certain high weeds that were growing there".[282] Harvey, wishing to appease the Councillors, said, "Come gentlemen, let us goe to supper & for the night leave this discourse", but their resentment was too great to be smoothed over, and with one accord rejecting his invitation, "they departed from the Governour in a very irreverent manner".[283]

Harvey, in his letters to the English government tried to convey the impression that he was uniformly patient with the Council, and courteous in all the disputes that were constantly arising. That he was not always so self restrained is shown by the fact that on one occasion, he became embroiled with one of the Councillors, Captain Stevens, and knocked out some of his teeth with a cudgel.[284] Samuel Matthews wrote that he had heard the Governor "in open court revile all the Councell and tell them they were to give their attendance as a.s.sistants only to advise with him". The Governor attempted, he declared, to usurp the whole power of the courts, without regard to the rights of the Councillors, "whereby justice was now done but soe farr as suited with his will, to the great losse of many mens estates and a generall feare in all".[285]

In 1634 the King once more made a proposal to the colonists for the purchase of their tobacco, and demanded their a.s.sent through the General a.s.sembly. The Burgesses, who dreaded all contracts, drew up an answer which was "in effect a deniall of his Majesties proposition", and, in order to give the paper the character of a pet.i.tion, they all signed it.

This answer the Governor detained, fearing, he said, that the King "would not take well the matter thereof, and that they should make it a popular business, by subscribing a mult.i.tude of hands thereto, as thinking thereby to give it countenance".[286] The Governor's arbitrary action aroused great anger throughout the colony. Matthews wrote Sir John Wolstenholme, "The Consideration of the wrong done by the Governor to the whole Colony in detayning the foresaid letters to his Majesty did exceedingly perplex them whereby they were made sensible of the condition of the present Government."[287]

The crisis had now come. During the winter of 1634-35 the Councillors and other leading citizens were holding secret meetings to discuss the conduct of the Governor. Soon Dr. John Pott, whose private wrongs made him a leader in the popular discontent, was going from plantation to plantation, denouncing the Governor's conduct and inciting the people to resistance. Everywhere the angry planters gathered around him, and willingly subscribed to a pet.i.tion for a redress of grievances. In April, 1635, Pott was holding one of these meetings in York, at the house of one William Warrens, when several friends of the Governor presented themselves for admission. "A servant meeting them told them they must not goe in ... whereupon they desisted and bended themselves to hearken to the discourse among them." In the confusion of sounds that came out of the house they could distinguish many angry speeches against Harvey and cries against his unjust and arbitrary government. When Pott read his pet.i.tion, and told the a.s.semblage that it had the support of some of the Councillors, they all rushed forward to sign their names.

When Harvey heard of these proceedings he was greatly enraged. Summoning the Council to meet without delay, he issued warrants for Dr. Pott and several others that had aided in circulating the pet.i.tion. "After a few days Potts was brought up prisoner, having before his apprehending bin in the lower parts of the Country there also mustering his names at a meeting called for that purpose."[288] He does not seem to have feared the angry threats of the Governor, for when put in irons and brought before the Council, he readily consented to surrender the offending pet.i.tion. At the same time he a.s.serted "that if he had offended he did appeal to the King, for he was sure of noe justice from Sir John Harvey". When some of the other prisoners, in their hearing before the Council, asked the cause of their arrest, the Governor told them they should be informed at the gallows.

Shortly after this the Council was summoned to deliberate on the fate of the accused. The Governor, fearing that he might not secure conviction from a jury, "declared it necessary that Marshall law should be executed upon" them. When the Councillors refused to consent to any other than a legal trial, Harvey flew into a furious pa.s.sion. For a while he paced back and forth in the room hardly able to contain himself. At length he sat down in his chair, and with a dark countenance commanded his colleagues to be seated. A long pause ensued, and then he announced that he had a question that they must answer each in his turn, without deliberation or consultation. "What," he enquired, "doe you think they deserve that have gone about to persuade the people from their obedience to his Majesties subst.i.tute?" "And I begin with you," he said, turning to Mr. Minifie. "I am but a young lawyer," Minifie replied, "and dare not uppon the suddain deliver my opinion." At this point Mr. Farrar began to complain of these strange proceedings, but Harvey commanded him to be silent. Captain Matthews also protested, and the other Councillors soon joined him in refusing to answer the Governor's question. "Then followed many bitter Languages from him till the sitting ended."

At the next meeting Harvey asked what the Council thought were the reasons that the pet.i.tion had been circulated against him, and demanded to know whether they had any knowledge of the matter. Mr. Minifie replied that the chief grievance of the people was the detaining of the letter of the a.s.sembly to the King. This answer seems to have aroused the Governor's fury, for, arising from his seat, and striking Mr.

Minifie a resounding blow upon the shoulder, he cried, "Doe you say soe?

I arrest you upon suspicion of treason to his Majesty." But Harvey found that he could not deal thus arbitrarily with the Councillors. Utie and Matthews rushed up and seizing him cried, "And we you upon suspicion of treason to his Majestie". Dr. Pott, who was present and had probably been waiting for this crisis, held up his hand as a signal to confederates without, "when straight about 40 musketiers ... which before that time lay hid, came ... running with their peeces presented"

towards the house. "Stay here," commanded Pott, "until there be use of you."

In the meanwhile the Councillors crowded around Harvey. "Sir," said Matthews, "there is no harm intended you save only to acquaint you with the grievances of the Inhabitants and to that end I desire you to sit downe in your Chayre."

And there, with the enraged Governor seated before him, he poured out the recital of the people's wrongs. When he had finished there came an ominous pause. Finally Matthews spoke again. "Sir," he said, "the peoples fury is up against you and to appease it, is beyond our power, unlesse you please to goe for England, there to answer their complaints." But this Harvey refused to do. He had been made Governor of Virginia by the King, he said, and without his command he would not leave his charge.

But before many days the Governor changed his mind. He found himself deserted by all and entirely in the power of the Councillors. As sentinals were placed "in all wayes & pa.s.sages so that noe man could travell or come from place to place", he could make no effort to raise troops. Dr. Pott and the other prisoners were set at liberty. A guard was placed around Harvey, ostensibly to protect him, but really with the purpose of restraining him. A letter came from Captain Purifee, a Councillor then in the "lower parts" of the colony, which spoke of designs of the people to bring Harvey to account for his many wrongs. In alarm the Governor consented to take the first ship for England. He endeavored, however, to name his successor, to induce Matthews, Pierce, and Minifie to go with him to England, and to secure a promise from the Council not to molest Maryland. But they would consent to none of these things.

In the meantime an a.s.sembly had been called to consider the innumerable grievances against the Governor. When they met at Jamestown, Harvey sent them a letter, declaring the session illegal and ordering them to disperse to their homes. "Notwithstanding his threats ... the a.s.sembly proceeded according to their former intentions." Harvey then dispatched a letter to the Council, ordering them to send him his royal commission and instructions, but these doc.u.ments had been intrusted to the keeping of Mr. Minifie with directions not to surrender them. The Council then turned themselves to the task of selecting a successor to Harvey. Their unanimous vote was given to Captain Francis West, the senior member of the board and formerly Governor. Feeling that since the expulsion of Harvey had been primarily a movement to protect the rights of the people, the Burgesses should have some voice in the election of the new Governor, they appealed to the a.s.sembly for the ratification of their choice. West was popular in the colony, and "the people's suffrages"

were cast for him as willingly as had been those of the Council. The a.s.sembly then drew up resolutions setting forth the misconduct of Harvey and justifying their course in sending him back to England. These doc.u.ments were entrusted to one Thomas Harwood, who was to deliver them to the King. Of what happened after Harvey's departure we have little record, but it is probable that the colonists revenged themselves upon the deposed Governor by confiscating all his ill gotten possessions.

It was decided that Dr. Pott should go to England to stand trial as his appeal to the King had taken the case beyond the jurisdiction of the Virginia courts. He and Harwood sailed upon the same vessel with Sir John. It is not hard to imagine with what dark looks or angry words Pott and Harvey greeted each other during their long voyage across the Atlantic. Doubtless Harwood and Pott held many a consultation upon what steps should be taken when they reached England to secure a favorable hearing for the colony, and to frustrate Harvey's plans for revenge. It was Harwood's intention to hasten to London, in order to forestall the Governor and "to make friends and the case good against him, before he could come".[289] But Sir John was too quick for him. Hardly had the ship touched the dock at Plymouth, than he was off to see the mayor of the city. This officer, upon hearing of the "late mutiny and rebellion"

in Virginia, put Pott under arrest, "as a princ.i.p.al author and agent thereof", and seized all the papers and letters that had been entrusted to Harwood. Having thus gotten his hands upon the important doc.u.ments, Harvey proceeded to London to complain of the indignities shown him and to ask for the punishment of his enemies.

When Charles I learned that the Virginians had deposed his Governor and sent him back to England, he was surprised and angered. It was, he said, an a.s.sumption of regal power to oust thus unceremoniously one of his officers, and he was resolved to send Harvey back, if for one day only. And should the Governor acquit himself of the charges against him, he was to be inflicted upon the colony even longer than had at first been intended. The case came before the Privy Council in December 1635.[290] In the charges that were made against Harvey nothing was said of the illegal and arbitrary measures that had caused the people to depose him. All reference was omitted to the detaining of the a.s.sembly's letter, to the support given Maryland, to the abuse of the courts, to illegal taxes and proclamations. Possibly the agents of the Virginians felt that such accusations as these would have no weight with the ministers of a monarch so little in sympathy with liberal government, so they trumped up other charges to sustain their cause. Despite the a.s.sertion of Harwood that Harvey "had so carryed himself in Virginia, that if ever hee retourned back thither hee would be pistolled or Shott", he was acquitted and restored to his office. West, Utie, Matthews, Minifie and Pierce, whom Harvey designated as the "chief actors in the munity", were ordered to come to England, there to answer before the Star Chamber the charge of treason.[291]

As the time approached for him to return to Virginia, Harvey began to show symptoms of nervousness. Feeling possibly that the threats of "pistolling" were not to be taken lightly, he requested the King to furnish him a royal vessel in which to make the journey. The appearance of one of the King's own ships in the James, he thought, would "much abate the bouldness of the offenders". This request was granted, and, after some months of delay, Harvey set forth proudly in the _Black George_. But Charles had not cared to send a really serviceable vessel to Virginia, and for a while it seemed that the _Black George_ would relieve the colonists of their troubles by taking Sir John to the bottom. The vessel, it would appear, sprang a leak before it had been many hours at sea, and was forced to return to port.

The Governor then decided that a merchant vessel would suffice for his purposes, and set sail again, upon a ship of the Isle of Wight.

He reached Point Comfort in January, 1637. Not wishing to wait until his ship reached Jamestown before a.s.serting his authority, he landed at once and established a temporary capital at Elizabeth City. He had received instructions to remove from the Council all the members that had taken part in the "thrusting out", and he brought with him commissions for several new members. Orders were issued immediately for this reconstructed Council to convene in the church at Elizabeth City. There, after the oath had been administered, he published a proclamation of pardon to all persons implicated in the "mutiny", from which, however, West, Matthews, and the other leaders were excluded. The Governor then proceeded to displace all officials whom he considered hostile to his administration. "Before I removed from Elizabeth City," he wrote, "I appointed Commissioners and sheriffs for the lower counties, and for the plantation of Accomack, on the other side of the Bay."

The "thrusting out" did not cause Harvey to become more prudent in the administration of the government. His restoration, which Charles had meant as a vindication of the royal authority, the Governor seems to have interpreted as a license for greater tyranny. If the accusations of his enemies may be credited, he went to the greatest extremes in oppressing the people and in defying their laws. With the Council now completely under his control, he was master of the courts, and inflicted many great wrongs by means of "arbitrary and illegal proceedings in judgment". Confiscations and other "most cruel oppressions", it was declared, were used to punish all that showed themselves hostile to his government. He and his officers did not scruple to impose many unjust fines, which they converted "to their own private use", nor to strike terror into the people with whippings and "cutting of ears".[292]

Nor did Sir John neglect to take revenge upon those old enemies that had so defied and humiliated him. West, Utie, Matthews and Pierce were sent at once to England, and their goods, cattle and servants seized. Beyond doubt it was against Samuel Matthews that Harvey bore the most bitter animosity, and it was his estate that suffered most. The Governor had been heard to say that if one "stood, tother should fall, and if hee swomme, the other should sinke". Matthews was one of the wealthiest men of the colony, his property consisting largely of cattle, but Sir John now swore that he would not leave him "worth a cow taile". At the next session of the Quarter Court, suit was entered against Matthews by one John Woodall, for the recovery of certain cattle. The learned judges, upon investigation, found that in the year 1622 Matthews held two cows rightfully belonging to Woodall. It was their opinion that the increase of these cows "unto the year 1628 ... might amount unto the number of fifteen". "Computing the increase of the said fifteen head from the year 1628 to the time of their inquiry, they did return the number of fiftye head to the said Woodall."[293]

When Matthews heard that his estate had been seized and "havoc made thereof", he entered complaint with the Privy Council and secured an order requiring Harvey to restore all to his agents in Virginia. But the Governor was most reluctant to give up his revenge upon his old enemy.

For seven months he put off the agents and at last told them that he had received new orders from the Privy Council, expressing satisfaction with what had been done and bidding him proceed.[294] Thereupon Secretary Kemp and other friends of the Governor entered Matthews' house, broke open the doors of several chambers, ransacked all his trunks and chests, examined his papers, and carried away a part of his goods and eight of his servants.[295] Soon after, however, Harvey received positive commands from the Privy Council to make an immediate restoration of all that had been taken. In January, 1639, he wrote that he had obeyed their Lordships exactly, by calling a court and turning over to Matthews'

agents many of his belongings.[296] But Harvey denied that he had ever appropriated the estate to his own use, and claimed that he had been misrepresented by "the Cunning texture of Captain Mathews, his complaint".[297]

Among those that felt most keenly the Governor's resentment was a certain clergyman, Anthony Panton. This man had quarrelled with Harvey's best friend and chief advisor in the stormy days of the expulsion, Secretary Matthew Kemp. Panton had incurred Kemp's undying resentment by calling him a "jackanapes", "unfit for the place of secretary", and declaring that "his hair-lock was tied up with ribbon as old as St.

Paul's".[298] The belligerent parson was now brought to trial, charged with "mutinous speeches and disobedience to Sir John Harvey", and with disrespect to the Archbishop of Canterbury. His judges p.r.o.nounced him guilty and inflicted a sentence of extreme rigor. A fine of 500 was imposed, he was forced to make public submission in all the parishes of the colony, and was banished "with paynes of death if he returned, and authority to any man whatsoever to execute him."[299]

In the meanwhile the Governor's enemies in England had not been idle.

Matthews, Utie, West and Pierce, upon landing in 1637, had secured their liberty under bail, and had joined with Dr. Pott in an attempt to undermine Harvey's influence at Court. Had Sir John sent witnesses to England at once to press the charges against them before the Star Chamber, while the matter was still fresh in the memory of the King, he might have brought about their conviction and checked their plots. But he neglected the case, and Charles probably forgot about it, so the whole matter was referred to the Lord Keeper and the Attorney-General where it seems to have rested.[300] The exiles had no difficulty in finding prominent men willing to join in an attack upon Harvey. Before many months had pa.s.sed they had gained the active support of the "sub-committee" of the Privy Council to which Virginia affairs were usually referred.[301] Harvey afterwards complained that members of this committee were interested in a plan to establish a new Virginia Company and for that reason were anxious to bring discredit upon his government.[302] It was not difficult to find cause enough for removing Sir John. Reports of his misconduct were brought to England by every vessel from the colony. Numerous persons, if we may believe the Governor, were "imployed in all parts of London to be spyes", and to "invite the meanest of the planters newly come for England into Taverns", where they made them talkative with wine and invited them to state their grievances.[303]

The English merchants trading to Virginia also entered complaint before the Privy Council against Harvey's administration. They sought relief from a duty of two pence per hogshead on all tobacco exported from the colony, from a fee of six pence a head on immigrants, and a requisition of powder and shot laid upon vessels entering the James.[304] The Privy Council, always careful of the welfare of British trade, wrote the Governor and the Council, demanding an explanation of these duties and requiring an account of the powder and shot. Harvey replied at great length, justifying the duties and begging their Lordships not to credit "the malitious untruths of such who by all means do goe about and studie to traduce us".

But the Privy Council, not waiting to receive all of Harvey's defense, decided to remove him and to appoint in his place Sir Francis Wyatt.[305] The new Governor was directed to retain the old Council and to confirm Kemp as Secretary.[306] But he was authorized to restore to Matthews any part of his estate yet withheld from him, and to reopen in the Virginia courts the case against Anthony Panton.[307] The day of reckoning had now arrived. When Wyatt reached Virginia, he lost no time in bringing Harvey to account for his misdeeds. He was arraigned before the courts, where he was forced to answer countless complaints of injustice and oppression, and to restore to their owners his ill gotten gains. Kemp wrote, in March, 1640, that Sir John was being persecuted with great rigor, that most of his estate had been confiscated, and at the next court would a.s.suredly be swept away.[308] A few weeks later Harvey wrote to Secretary Windebank, to relate his misfortunes. "I am so narrowly watched," he complained, "that I have scarce time of priviledge for these few lines, which doe humbly crave of you to acquaint his Majesty how much I groan under the oppressions of my prevayling enemies, by whom the King's honor hath soe much suffered and who are now advanced to be my judges, and have soe farr already proceeded against me as to teare from me my estate by an unusuall way of inviting my creditors to clamour." He wished to return to England, there to repair his fortunes and seek revenge upon his enemies, but for some time he was detained in Virginia. The new Governor thought best to keep him in the colony where it would be difficult for him to plot against the administration. Harvey wrote, "I am denyed my pa.s.sage for England notwithstanding my many infirmities and weaknesses of body doe crave advice and help beyond the skill and judgment which this place can give."[309]

"Sir John being ... layed flatt," the Governor next turned his attention to Kemp.[310] Sir Francis, who had strong reasons for hating the Secretary, summoned him into court to explain his offenses against Anthony Panton. Realizing that he had little hope of clearing himself, Kemp sought to leave for England, but his enemies restrained him. "I am extremely injured," he wrote in April, 1640, "and shall suffer without guilt, unless my friends now a.s.sist me, ... the Governor and Council here ... aim at my ruin."[311]

But Wyatt feared to retain Harvey and Kemp permanently in Virginia. Both had powerful friends who might take the matter before the King or the Privy Council. So, in the end, both made their way to England, taking with them the charter and many important letters and records.[312] It was now their turn to plot and intrigue to overthrow the party in power.[313] And so quickly did their efforts meet success that before Wyatt had been in office two years he was recalled and Sir William Berkeley made Governor in his place.

FOOTNOTES:

[221] F. R., p. 556; Osg., Vol. III, p. 47.

[222] F. R., p. 574.

[223] F. R., p. 572.

[224] Osg., Vol. III, p. 50.

[225] Osg., Vol. III, p. 50.