discourse to & fro, they have publikely declared, that if the King of England please to owne this River, they will obey; and they humbly desire, that he will declare to them their limitts in those parts of America, which they will also ob

serve.

MR. KEMP SECRETARY IN VIRGINIA, TO THE LORDS COMMISSIONERS FOR FORAIN PLANTACIONS. 17 MAY 1635.

His Majesty

MOST REUERENT AND RIGHT HONOURABLE, was gratiously pleased in August last to Conferr vpon mee Vnder the greate seale of England the place of Secretary

Captain Samuel Matthews, the most wealthy and powerful of Sir John Harvey's enemies, in a letter to Sir John Wolstenholme, dated 25th May, 1635, gave an account of the events related in the letter of Secretary Kemp, and stated the following as the causes of the proceedings of himself and his associates, in expelling Governor Harvey from the government and colony:

"1st, Harvey detained the letter from the Assembly to the king on the subject of the Contract for Tobacco.

"2d, The governor usurped the whole power into his own hands, without any respect to the votes of the Council.

"3d, The governor had reduced the colony to great streights by complying with the Marylanders so far that they being shut out from every place of trade, there could be no trade for corn, contrary to the king's commands, and the wants of Virginia were increased at a time when two thousand new inhabitants had just arrived.

"4th, The governor had made a dangerous peace with the Indians, contrary to the Council's and the country's advice, so that if the Indians were to offer any insult, they could not revenge themselves, the governor having appropriated to his own use the satisfaction made by the Indians for five hundred hogs killed by them.

"5th, The people heard with indignation that the Marylanders had taken Captain Claybourne's pinnace, which they had made prize of; which action Sir John Harvey upheld, contrary to his Majesty's letters."

"Meanwhile, before Harvey's departure, he asks the Secretary, Kemp, for his commission and instructions, -[which were] denied, and finding that, in case of the death or absence of the governor, the Council may choose one, they had chosen Captain John West, the brother of the late Lord Delaware, an ancient planter. Hopes for some religious, worthy governor (Sir John Zouch, a puritan, wished for), which will make the country flourish. Captain Claybourne had just arrived from Kent Island, which had been attacked by the Marylanders who had slain three, and wounded others, of the inhabitants. They would not have done so without Harvey's instigation. The Council sent Captain Utie and Captain Peirce to Maryland to desire that government to cease such violences; according to their answer, we shall proceed." (Geo. Chalmers's MSS.; Extracts from Am. and W. I. State Papers; Colonial Papers, p. 208, vol. viii. § 65.)

Harvey, on his arrival at Plymouth on the 14th of the following July, wrote to the Secretary, Windebanke, apologizing for returning without a license, and to acquaint him with the outbreak, which had occasioned his absence from his post, and, besides, that since land

for this Collony. One of his royall commands therein being that I should write and answere all letters both sent to and from the Collony, with charge likewise to exercise

ing he had, with the aid of the Mayor of Plymouth, seized on two of the messengers of the faction, Francis Pott, brother of John, the late governor, and another, whose name is not mentioned (but probably Thomas Harwood), and had detained their letters, which had been in Harwood's keeping. (Chalmers, ut supra, Colonial Papers, pp. 212, 213, vol. viii. §§ 72, 73, 74.)

Not long after, he laid before the Lords Commissioners for Foreign Plantations, a more detailed narrative of the occurrences attending "the tumults and driving out of the Governor," which, he says, proceeded from the following causes:

1st, Sir John Wolstenholme had long kept the country in expectation of a change of governor, and the renewing of a corporation, which has much distracted the country.

2d, The mutinous councillors, Matthews, Utie, Peirce, and Claybourne, are the persons who are the contrivers of this outrage, and are the men who have been often complained of as opposing the king's measures, and have raised this storm, hoping to shelter themselves.

3d, The main reason they proceed upon is, Harvey, not sending to the king the Assembly's answer. Secretary Kemp sent a true copy to Secretary Windebanke, and kept the original from a regard to the Council; as, the matter being a denial of the king's proposition, the manner was equally offensive, being signed by many hands, as a popular business, thinking thereby to give it countenance. Matthews is his enemy because the governor assisted Yong on his commission; Utie's dislike proceeds from the governor's calling on him for some cattle which belonged to the late company, but now to the king. Claybourne is an enemy because the governor had discovered his attempt against Maryland, and had sent a warrant to the papers on the arrival of Kemp, which warrant he kept, and departed the province. John Pott (an enemy), for the governor's conduct to him on his arrival, and procuring his pardon, an old grudge. Francis Pott, the brother of John, the governor had made Captain of the fort at Point Comfort, but turned out for misdemeanor."

"The names of such men as are to be sent for into England, are: Captain John West; Captain Utie, for arresting the governor; Captain Samuel Matthews, for laying violent hands on the governor; Captain Peirce, for bringing thirty armed men to Jamestown to beset the governor; and Mr. George Minifie, who took possession of the governor's instructions."

"These men also countenanced the Dutch trading in Virginia. Sir John Zouch ought not to be allowed to return into Virginia; for he is of the Puritan sect, and of a factious disposition. These stirs were fomented by him, as he arrived in November, 1634, and immediately consorted with Matthews and the faction; and in December they contrived the complaint against the governor, which the king hath heard, and the faction sent him to England as agent, for which they gave him £500. He probably expected to be governor." (Chalmers's MSS.; Colonial Papers, pp. 201, 208, 212, vol. viii. §§ 61, 74; vol. ix. § 53.)

On the 11th December following, the king and Privy Council entered into an investigation of the recent disturbances in Virginia. The letter of the Council of Virginia to Harvey, dated the 16th of the preceding May, was read. Sir John was asked the cause of his coming back to England, and replied that it was the above-mentioned letter which he received from the Council. The king considered it an assumption of regal power to send hither the governor, but would not punish it too far. Those to be sent for, were the persons who assumed the government, and he who laid hands on the governor. The charges were contained in the Council's letter, or propositions, as Kemp phrases it.

Charge 1st. That he denied to administer the oath of allegiance to those who went thither to plant, as he was obliged by his instructions; and that he is a favorer of the Romish religion. This charge Sir John denied in the general, and said there was nothing particular laid to his charge.

all other functions belonging to the place and office of a Secretary, where by I must Conceive myselfe in duty bound to present to your Honours from time to time an

2d. That one Rabnet, of Maryland, having said that it was lawful and meritorious to kill a heretic king, Sir John caused him to be apprehended, and then set at liberty. This being offered to be proved by Mr. Williams, a minister, Sir John could not admit his testimony, because he had married two persons, without a license.

3d. That Lord Baltimore's servants had slain three men in keeping of the entry of Hudson (Potomac?) river that goes up to Maryland. To this charge no answer was made. As it stands, it has no reference to Governor Harvey; but Matthews, in his letters to Wolstenholme, ascribes the outrage to Harvey's instigation. (Colonial Papers, p. 209.)

4th. He assumed power to place and to displace at the Council board; and sequestered Mr. Thomas Hinton. This was for ill words given to the governor, and is well answered.

5th. Mr. White, a minister, was silenced by the governor for cursing those of his own parish; and an old man for bringing him drink and white bread is . . . The governor answers, that he could never see any orders, although White had two years' time to show his orders. Canterbury (Laud) said, that no man can be admitted, in any ship, to serve as minister, until he has shown his orders to the Bishop of the diocese.

6th. Has permitted the Dutch to trade, without taking security to bring their commodity to England according to the king's instructions; and that this was permitted to one Constable, a Dutchman. Denied; saith he did deny this Constable to trade, because he had found that he had not landed his goods in England.

7th. That he struck out some of Captain Stevens's teeth with a cudgel; the said Stevens being a councillor of Virginia. - Answered, that it was not in Council, but that Stevens assailed him with ill language.

8th. That he countenanced the Romish religion in Maryland. Mr. Hawley said he was come to plant in Maryland the Romish religion. Utterly denied by Mr. Hawley.

It is said by Sir John Harvey and Mr. Hawley that there is public mass in Maryland. The result of the investigation was, that Sir John was confirmed in his office, and the Attorney-General was instructed to draw up a new commission for him, with enlarged powers, which was accordingly issued on the 2d of the following April. (Dom. St. Papers, p. 551, 1635, vol. ciii. 1 post, § 15; Col. Papers, p. 216, vol. viii. §§ 80, 84; Id. p. 232, vol. ix. 2 post, § 8.)

In June he apprised Secretary Windebanke, that, owing to the scarcity of money, there were no means in the colony of paying for labor, until the crops came in; and therefore entreated that the king would order farthing-tokens to be sent over and made current there. No notice appears to have been taken of this suggestion. But about three years later, Henry Lord Maltravers obtained a royal license for twenty-one years to stamp farthing tokens of copper for all the foreign plantations, except Maryland. As no actual issue, however, of these tokens is known to us, we may suppose it to have been prevented by the disturbed state of the country. It was not, indeed, until near the close of the year 1645, when the evils of the tobacco currency in Virginia had repeatedly proved intolerable, that the Governor, Council, and Burgesses assumed, and by a formal act authorized, the coinage of farthing-tokens of copper, to displace tobacco as currency. It was at the same time enacted, that Spanish dollars should be current at the rate of six shillings each, and "other Spanish silver quoines" (coins) "proportionately." (Colonial Papers, p. 238, vol. ix. § 17; Id. p. 290, vol. x. 1639, Feb. 16; I. Hening, p. 308.)

Sir John Harvey, when assured of his restoration, requested that he might return in one of the king's ships. "It would be an honor," he said, "to the king's governor, and check the boldness of the offenders in the colony." He offered to relinquish the £500 always allowed governors for their passage to Virginia; to defray the expense of victuals and wages, if the crew was reduced to fifty or sixty in number. He asked, in return, for the benefit of the freight out and home. He tried to obtain the "Mary Rose," but the Admir

account of the proceedings and materiall passages heere Soone after my arrivall In December last his Majestyes royall letters came to the hands of the Governour and

alty, disliking to part with good ships, assigned him the prize ship, "Black George," an old vessel, that more than two years before had been surveyed by order, and pronounced serviceable, if repaired, for three years, not at sea, but on the English and Irish coasts, where she could easily take shelter in port from rough weather, that she could not safely encounter on the ocean. In fact, so little seaworthy was this old ship, that, after her lading was all on board, it was found necessary to land her ordnance, cables, anchors, and every thing weighty that belonged to the ship, to search for a dangerous leak; and this search, not being thoroughly made, in consequence of Jerome Hawley refusing to permit his goods to be taken out, when, at last, she left port, she had not proceeded more than twenty leagues to sea, before the certainty of foundering on the passage became so obvious, that she was forced to return to Portsmouth, where she was given up to the officers from whom she had been received. A ship bound to Virginia fortunately afforded him a passage, but he was obliged to leave all his goods and company behind. He had been at great expense in laying in stores and provisions for the crew of fifty, and one hundred passengers besides, of whom twenty were gentlemen of quality. These circumstances were detailed in a petition to the king, in which he besought that some speedy supply might be made him out of the arrears of his salary, in compassion of his great losses. (Chalmers, ut supra, Dom. St. Papers, p. 300, 1633, vol. ccli. §§ 30, 251; Colonial Papers, p. 231, vol. ix. §§ 4, 5, 8; p. 233, Id. § 11; p. 241, §§ 25, 26, 27.)

Sir John Harvey landed in Virginia on the 18th of January, 1637, and immediately resumed the reins of government. He first read his new Commission and Instructions to the Council in the church of Elizabeth City; and shortly after published the king's proclamation of pardon to all but persons specially excepted, who had aided or abetted the late proceedings against the governor; appointed sheriffs for Accomack and the lower counties; and summoned a General Assembly for the 20th of February. (Colonial Papers, p. 245, vol. ix. § 38.)

The Assembly met on the appointed day, when there were present Governor Harvey, Secretary Kemp, Sergeant-Major George Donne, Captain Thomas Purifie, Henry Browne, John Hobson, Adam Thorowgood, and Mr. William Brocas, of the Council, together with the Burgesses. An Act, called the twentieth, was passed by this Assembly, for the appointment of an officer to keep a Register of all tobacco and other commodities exported, who should be allowed a fee of twopence per cask for tobacco, and at the same rate for other This was done in compliance with the king's directions of the 4th of the preceding August. (Colonial Papers, ut supra, § 40.)

On the 22d of the following April, the king addressed another letter to the governor and Council of Virginia, in which, among other things, he reminds them that tobacco was almost the only commodity returned from Virginia, and very little advance had been made in staple articles, and that the colony had consequently been brought into great straits. Is informed that they are supplied not only by the Indians, but by the Dutch, who make a prey of their tobacco and the crops of the plantations, to the detriment of the king's duties and profits. All this proceeds from irregular government, improvidence, and covetous, griping dispositions, and endangers the common good of the whole plantation. Having resolved, with the advice of the Privy Council, upon better ordering and regulating the plantation, he desires them to consider what quantity of good and merchantable tobacco they will undertake to send yearly to the port of London, having relation also to more staple and honorable commodities; what price and value they will peremptorily set thereon, and the places most convenient to bring it to, and to warehouse it, and from which it may be carefully shipped, and "a particular" sent in every ship. Jerome Hawley is appointed Treasurer of Virginia, as this is a business that much concerns the king's revenue there. Strictly forbids trade with the Dutch. Requires them to examine every planter,

Counsell which signified that his will and pleasure was to haue the sole pre-emption of all the tobacco issuing from hence. The Answere of the Collony among many other

to take an account how far each one has engaged his stock and crop, upon what debts and to whom, and to make just return to the Lord Treasurer, that some course may be taken "to redeem these our poor subjects." Commands them to inform every planter, or owner, of the king's resolutions, to show them what helps they have received, to the loss of his Majesty's revenue, by lessening the ordinary duties about one-half, taking off the charge of garbling their tobacco, and now, lately, the impost of that taken from London to foreign parts. If they are resolved to be the authors of their own misery, and refuse, with fitting alacrity and obedience, to answer the king's expectation, his Majesty will advise with the Privy Council to punish the refractory and repair the loss which he sustains for their good. Expects their speedy answer. (Colonial Papers, p. 250, vol. ix. § 47.)

The contract for tobacco proposed in the king's letter could not be effected without the concurrence of the Burgesses; and as they were not called together before the 20th of February, 1638, the king had to wait more than a year, in expectation of "a speedy answer." At last, on the 22d of April following, Governor Harvey wrote to Secretary Windebanke, that the Assembly had passed an Act for regulating both the quality and quantity of tobacco; but had made no progress in regard to the contract, nor had the colony shown any inclination to embrace the proposal, being afraid that it would reduce them all to the hard condition of the Bermudas. The Assembly spent a month in debating, before they concluded to pass only the act above-mentioned, and not to assent to a contract. The documents enclosed in Secretary Kemp's letter of the 6th of April following, to Secretary Windebanke, show that the governor and Council earnestly endeavored to prevail on the Burgesses to comply with the king's wishes. (Colonial Papers, p. 266-68, vol. ix. §§ 89, 90; Id. § 96; Chalmers, ut supra.)

A few days after Sir John Harvey had satisfied the king and Privy Council of the injustice of the treatment and accusations to which he had been subjected, he requested that the king would be pleased to give orders that Captain John West, Samuel Matthews, John Utie, and William Peirce, prime actors in the late meeting, should be sent for into England, to answer for their misdemeanors. With the exception of William Peirce, who came to London a little later, but early in 1636, these individuals had remained in Virginia during the whole of Governor Harvey's stay in England. But as they were brought over as prisoners early in the spring of 1637, it seems not unlikely that they were arrested and sent over by Harvey himself, soon after he returned to Virginia. He lost no time in ordering their goods, cattle, and servants to be seized, to await the result of the trials in the Star Chamber. George Menefie, a merchant, who had lived seventeen years in Virginia, and had the estates of many non-resident English proprietors under his charge, was also, at Harvey's instance, summoned from Virginia to answer an information against him, in the Star-Chamber, for having contributed to the warfare against Harvey; and having done so, and having represented to the king that his affairs were suffering by reason of his absence, was permitted, 29th September, 1637, to return home. Similar leave was granted to William Peirce. Each had to give security for £1,000 to appear in the Star Chamber when required. Menefie could not have been considered a very dangerous or implacable enemy; for in the next year Governor Harvey sent, under his charge, and for sale by himself, the tobacco levied for the repair of the fort at Point Comfort. Of Francis Pott and Thomas Harwood nothing more is known than that the former remained in confinement, certainly nearly a year, and was in England as late as 1640, striving, with his confederates, to push on the suit to a speedy decision in the absence of Harvey, by means of a reference to the Lord-Keeper and Attorney-General; and that when the latter came to London, Governor Harvey requested the authorities to restrain him of his liberty, as he was one of the late mutinous assembly. (Chalmers's MSS. Note; Colonial Papers, p. 217, vol. viii. § 84; Id. p. 218, §§ 90, 92; Id. p. 234, vol. ix. § 12; Id. p. 256, § 59; Id. p. 258, §§ 66, 7, 8; Id. p. 268, § 97; Id. p. 314, vol. x. § 73.)