other motives which were used to persuade the people to subscribe Pots tould them that some of the Counsell had a hand in it. The next morning after this information

Governor Harvey and the Council joined in laying before the Privy Council proofs of this flourishing condition of the Colony. Upon the application of William Claybourne, Councillor and Secretary of State, the Governor and Council concurred in declaring, that "they knew no reason why they should give up their right to the Isle of Kent, which they asserted they were bound to maintain." (Colonial Papers, p. 176, vol. viii. § 4.)

This harmony might have remained undisturbed, but for the establishment of Lord Baltimore's Catholic Province, within the original limits of the Colony of Virginia, and the unwelcome prospect of another similar establishment on the borders of Maryland, for which Captain Yong was sent out to prepare the way.

In July, 1634, Governor Harvey wrote to Windebanke that he "met with great opposition from his assistants." The immediate occasion for this complaint was, that Captain Matthews had disputed the Governor's construction of Captain Yong's commission, and denied his authority to allow a planter's man, a shipwright, to work in setting up Yong's shallop. Before this, however, Governor Harvey had drawn upon himself the indignation of the Council and Colony by abandoning the stand he had taken with the Council in respect to the right to the Isle of Kent, and by going over to the side of the Marylanders, and abetting their endeavors to obstruct, or rather destroy, Claybourne's Indian trade, which at length, a few days before his forced embarkation for England, were displayed in the seizure of the "Longtail," and the subsequent slaughter of Lieutenant Warner, the commander, and two of the crew of the vessel sent to rescue her. Matthews and Claybourne, as well as most others in Virginia, regarded this conduct of their Governor as treachery. Father White says that by kindness to the Marylanders, the Governor "hoped to recover the more easily from the Royal Treasury a great amount of money due him." (Colonial Papers, p. 208-9; vol. viii. § 65; II. Force White's Relation, p. 140.)

No official communication of these transactions appears to have been made by the Virginia authorities to the parent government. If Governor Harvey wrote at all, it was probably to Lord Baltimore, and with a view of making the King so grateful as to pay the arrears of his salary; for, in the pro ous September, his Lordship made an earnest application to Secretary Windebanke, to procure a letter of thanks from the King to Sir John Harvey, for the assistance he had given to his Maryland plantation, and against Claybourne. Sir John Harvey obtained the royal letter of thanks and Windebanke's approval of his conduct, but no money. Windebanke charged him "to continue his assistance against Claybourne's malicious practices." But previously to this application of Lord Baltimore, Claybourne had been superseded in his place of Secretary of State in Virginia by Kemp, the author of the letter above. His lordship apparently had earlier information from the Colonies than any one else, either by the letters of his own officers or from Sir John Harvey, and had every motive for effecting the removal from office of so obnoxious a person as Claybourne. But the King, with whom the justice and equity of the Kent Islanders' claim apparently for the moment had more weight than the technicalities which, unknown to the King and contrary to his intentions and pledges, had been designedly inserted in the Maryland patent to give Lord Baltimore an exclusive and absolute right of domain. On the 8th of October, on the petition of Wm. Clobery and others, parties concerned with Claybourne in the purchase and settlement of Kent Island, issued an order to the Governor and Council of Virginia, and to all Lieutenants of provinces and countries in America, requiring them to be assisting to the planters in Kentish Island, that they might peaceably enjoy the fruits of their labors; and forbade Lord Baltimore, or his agents, to do them any violence. If the King, instead of declaring to Lord Baltimore that he would never infringe upon his patent, had possessed sufficient firmness and resolution to follow out his own convictions and sense of right, by altering, as he could have done, the Maryland patent, he would have put an effectual stop to the subsequent aggressions of Lord Baltimore's agents. Claybourne afterwards, in the May following, wrote (it is supposed to Secretary Coke) that "his Majesty's letter of the 8th of October, 1634, had been slighted, and the settlers on the Island brought to extreme want;

Came to the Governour and myselfe, we sent out a summons to the rest of the Counsell to meete, and warrants to apprehend Martian, English, and Potts, as also for other

that all his rights had been trampled upon, and the King's express commands, under the protection of which he deemed himself so safe, had been contemned; and so he had perished by security." He said also, that "he had been unjustly accused of many crimes, and an endeavor had been made to remove him." As Sir John Harvey passively or actively contributed to Claybourne's ruin, both in estate and office, it is probable that the latter willingly seconded the efforts of Matthews and the rest for the removal of the Governor himself, although it does not appear that he openly took any active part in their intrigues for that purpose. In 1637 he went to England, not because he was sent, as Burke says, with witnesses, by Governor Harvey, or was in concert with him, or befriended by him in any way; but in consequence of the sinister advice and artful contrivances of George Evelin, an unprincipled brother of Robert Evelin, the Surveyor of Virginia, and who finally managed to swindle his employers, Clobery & Company, of London, and all their associates, out of the whole of their goods, property, and title in Kent Island. Claybourne's own loss was £6000. His arrival in London made up the number to about one-half of Governor Harvey's old council, then in England. (Colonial Papers, p. 190; vol. viii. §§ 26, 27, p. 191, § 32, pp. 208-9, §§ 64, 65; II. Force White's Relation, p. 14; supra, p. 131; II. Burke, p. 40; Streeter, p. 8.)

At that period, Matthews and his fellow détenus having, in Harvey's absence, the whole field to themselves, with the aid of their English friends, gained the good-will of the authorities so far as to procure from the Privy Council an order for the peremptory restoration of their property in Virginia, which had been seized by Governor Harvey. The sub-committee, into whose hands the pressure of more momentous and alarming affairs of state had thrown the consideration and control of those which concerned Virginia, was ardently and uniformly on the side of Harvey's enemies. In, England these enemies were clearly in the ascendant, while he had sunk into comparative insignificance. To Lord Baltimore he had, at great personal sacrifice, rendered in the hour of need services of signal importance and value, as they placed his Lordship's interest in Maryland beyond the reach of impending danger. Yet Lord Baltimore did not scruple to make interest with Secretary Windebanke to supplant Sir John Harvey in the government of Virginia. The triumph of Sir John's foes was at length consummated by the appointment of Sir Francis Wyatt as his successor. The commission of Sir Francis bears date the 11th of 1639, and he entered upon the duties of his office in November, 1639. (Colonial Papers, p. 250; vol. ix. § 45, p. 252, § 53, p. 286; vol. x. § 3; Campbell, p. 197.)

The loss of office was utter ruin to Sir John Harvey. From the time of his return to Virginia his salary had never been paid, and more than four thousand pounds was owing to him when displaced. He had a slender income from fines and penalties, but was impoverished by being obliged to make his house a sort of guest-house, to which the members of the council, assembly, and quarter courts had a prescriptive custom of resorting for lodging and entertainment, and to which also visitors and strangers coming to the city usually repaired, because there was no inn there. Under such circumstances he was forced to be rigorous in the collection of fines and penalties, and moreover to contract debts, which would not have been incurred, if his salary had been honestly paid. The moment he lost his office, and with it all immunities of person, his creditors seized both his person and property.

Kemp wrote to Secretary Windebanke that "since Sir Francis Wyatt's arrival," about four months before, "they of the old commission had been persecuted with much malice, particularly Sir John Harvey, whose estate was wholly sequestered, and who wished to repair to England within the year." Sir John also wrote to the Secretary, that "he was so narrowly watched, that he had scarce time of privacy to write; that he was oppressed by his enemies, who had become his judges; his estate had been torn from him; his return to England had been denied, notwithstanding his many bodily infirmities, which were beyond the skill of the colony; and he requested the King's warrant to repair to England, where he

persons neer adjoyning whose names we Vnderstood were subscribed to this writing. By examination wee found that Potts had bin the cheifest instrument in this business,

would give an account of his services and sufferings." This request was never granted. The leading officers of State, unable to pay off the arrears of his salary, did not covet the presence and importunities of a necessitous and suffering creditor. Every possible effort to prevent his return would also be made by those who, if he were in England, had reason to fear that they would be brought to punishment for having "thrust him out of the government" in 1635. To escape punishment, it appears from a petition of Sergeant Major Donne to the King, on behalf of Sir John Harvey, that Matthews and the rest, taking advantage of the petitioner's ill health, and the want of Sir John to follow the suit against them, had by petition obtained a reference of their case to the Lord Keeper and Attorney-General. Donne prayed that the nature and consequences of their offences might be considered, and Governor Harvey be heard by counsel with all speed, that they might be punished as they deserved. But no hearing or relief was granted to Harvey. The criminals escaped scot-free, while he was kept in exile to die in want and misery. (Colonial Papers, p. 100; vol. v. § 25, p. 129; vol. vi. § 11, p. 151, § 54, p. 276; vol. ix. § 114, p. 310; vol. x. § 61, p. 311, § 65, p. 314, § 73.)

Choleric and impatient by nature, he could ill bear opposition, and was apt to meet insolence with acts of personal violence. Hence he made himself many enemies. But on the other hand his hospitality and kindness gained him many friends. Among those who were more constantly near and about him, and knew him best, was the Secretary Kemp, whose fidelity and steadfast attachment very nearly involved him in the ruin of his chief. Kemp was aware that the sub-committee and Sir Francis Wyatt "aimed at his ruin." But his most active foe was Anthony Panton, late rector of York and Chiskiack, who, having been convicted in 1638 of "rebellious, mutinous, and riotous actions," was sentenced to banishment from the Colony. Returning to England about the time when Sir John Harvey's removal was determined on, he seems to have conceived that the best way to ingratiate himself with the sub-committee and other foes of Harvey and Kemp, and procure a reversal of his sentence and the consequent restoration of his forfeited estate, was to malign the Governor and his friend Secretary Kemp. He endeavored to make the Premier Archbishop Laud believe that Kemp had spoken very contemptuously of his Grace. Panton was so far successful as to obtain from the sub-committee a report, and of course an order of council, that the whole matter should be referred to the new Governor Wyatt, then going there, and the council, but Harvey and Kemp not to assist as Councillors, and that the sentence meanwhile should be suspended. Sir Francis Wyatt did not reach James City before the following November, and before he could take Panton's case into consideration, Kemp, by the interposition of Lord Baltimore and Lord Maltravers, powerful friends at Court, had obtained the King's order to the Governor and Council to continue Kemp in his offices of Secretary and of Registrar of Casks, of which latter the fees had been suspended by the sub-committee's recommendation, and to grant him license to come to England and to appoint a deputy in his absence. Before his departure he appointed George Reade his deputy, and wrote to his brother Robert Reade, Secretary to Windebanke, craving his assistance to save him from "being bandied between the sub-committee and the new Governor and Council, who aimed at his ruin." He inclosed a certificate of the Governor and Council of Virginia, dated 24 October, 1639, just before the arrival of Wyatt, "touching certain speeches between Richard Kemp and Anthony Panton banished," etc.; and copies of two letters he had written to Windebanke and Lord Baltimore, requesting that they would make known to Archbishop Laud the proofs of his innocence of any disrespect towards him, and satisfy him of the propriety of his conduct. It was also a primary object with him, that he should be heard in his defence by the Lords' committee, when the King was present in Council, and not by the sub-committee. His first petition, after his arrival in London, failed to effect this change of reference. A second petition was probably successful, for we find that an order of the King was issued near the end of summer, 1640, commanding the Governor and Council

they deposed that it was brought from the Vpper parts by him, and that the effect of the writing was to desyer the Counsell to call the Governour to account for not sending theyre late answere to the Kings letter by theyr agents, some of the examinants deposed that they knew not what the writing Conteined, but that Potts tould them it was for theyr good and willed them to be assistant when they should be called, after a few days Potts was brought vp prisoner, hauing before his apprehending bin in the lower parts of the Country, there also mustering his names at a meeting caled to that purpose, but by what power or Commission, we Cannot heere Vnderstand, the Counsell being mett, Potts was brought before vs, and being demanded what writing that was which he carried about the Country, after some excuses he produced it, but withall sayd that if he had offended he did appeale to his King for he was sure of noe Justice from Sir John Harvey.

Vpon this wee againe Committed him, and brake Vp Counsell for that night. The next day the Governour demanded of the Counsell if they had knowledge of this writing or the peoples Grievances, Mr. Minifie one of the Counsell answered, that theyre cheifest grievance was, the not sending the answere of the late assembly by theyre agents chosen, to which the Governour rising from his place replied, do you say soe? I arrest you vpon suspicion of treason to his Majesty,' wherevpon Captain Uty and Captain Mathewes both of the Counsell, layed hands on the Governour, Vsing these words and we you vpon

of Virginia to admit George Reade to the place of Secretary in the absence of Richard Kemp, with all fees and perquisites of office. Reade had been, three months before, left as deputy by Kemp, when he embarked for England. Reade wrote to his brother Robert, that when Kemp was gone he should have no friend in Virginia, and expected no favor from the new government. (Colonial Papers, pp. 301-2; vol. x. §§ 32, 33, p. 305, § 43, p. 310, § 64, p. 311, § 66, p. 314, § 72.)

Sir Francis Wyatt was superseded by Sir William Berkeley, whose commission was issued on the 9th of August, 1641, and who entered upon the duties of his office in the following February. Kemp was one of his Council, and probably Secretary, as before. He was also for a year from June, 1644, Governor in the absence, in England, of Sir William. He continued in the Council up to 1648, but of his subsequent history we have no account. (Colonial Papers, 321, vol. x. post § 83; Campbell, p. 322; I. Hening, pp. 232, 288, 322, 339, 382.)

suspition of treason to his Majesty. I step to them and tould them he was the Kings leiftenant, and that they had done more then they Could well answere. For by this act the Kings honor and prerogative was in question vpon which words they lett goe theyer hold, the Governour then retiring to his place the rest of the Counsell pressing towards him wherevpon I thus far againe advised. Gentlemen since I see you are all in passion, which makes men noe longer men, and what acts you may now run into, your selues knowe not, therefore I pray give a smale respite to your anger and recouer your reason, to which theire answere was they would, and did accordingly. After some pause Captain Matthews began in these words to the Governour, Sir the peoples fury is vp against you and to appease it is beyond our power, vnless you please to go for england, there to answer theyr Complaint. The Governour's answer was that he was Commanded by the King to this service, and from it he would not depart vntil his majesty pleased to call him, many words and much time was spent in arguing, at last the gouernour demanded that they would sett downe under theire hands theire propositions which they sayd against Morning they would prepare and soe departed for that night. I must not here omitt one circumstance which I haue by information, which might argue a fore knowledge in some of the Counsell of this hubbub of the people, as also some bad intent towards the Governour which they were resolued to make good, for when these passages were our doctor Potts held but vp his hands which a second man who stood by a neer adjoyning pale tooke as a signall, when straight about 40 musketeers marched vp to the doore of the Governours house, and a fellow was seen going by with a burden of Muskets, who being rebuked by another for carriing them soe neere the Governors house for discrying, made answere, tis no matter, he shall know we haue armes. This on Mr. Rob Lytcott sonne of Sir John Lytcott