But he soon changed his mind. That night a courier came riding up with a letter to Harvey from Thomas Purifie, who seems to have been one of his few friends in the Council, giving an alarming report of the threatening attitude of the people. At first the Governor said he would defy them to do their worst. Would it not be better to remain, though he be cut in a thousand pieces, than to desert his charge? he asked Secretary Richard Kemp. Kemp replied that for him to remain might "hazard the King's service" by provoking the infuriated people to further acts of violence. So at last he yielded and promised to leave.[31]
The rebellious Councillors now took over the government. They released English, Martian, and Francis Pott, forced Harvey to deliver his commission and instructions to Secretary Kemp, set an armed guard around him ostensibly to protect him from violence, posted armed men in "all ways and passages," called a General Assembly, and sent out a proclamation inviting the people to lay their grievances before it, and appointed their senior member, John West, a brother of Lord De la Warr, acting Governor.[32]
In the meanwhile, Harvey had left Jamestown to seek refuge in the house of Mr. William Brocas, "whose wife was generally suspected to have more familiarity with him than befitted a modest woman." Here he thought himself secure enough to dismiss his guard. And from here he wrote a threatening letter to the members of the Assembly, commanding them in the King's name to disperse. He also wrote Secretary Kemp demanding the return of his commission and instructions. The Councillors seized the first letter, refused to read it to the Burgesses, and the Assembly went on with the consideration of the grievances, "which were innumerable." As for the commission and the instructions, they had taken them from Kemp and turned them over to Menefie for safe keeping.[33]
The Assembly now passed resolutions accusing Harvey of misgovernment and injustice, and explaining why the people had been driven to the extreme expedient of sending him back to England. As their agent to deliver these papers to the King they appointed one of the Burgesses, Thomas Harwood. With him went Francis Pott to plead his case before the King. Since it would be several months before the tobacco ships sailed for England, there seems to have been only one vessel leaving at the time. So Harvey, as well as Pott and Harwood, had to embark on it.
As events turned out this was unfortunate. Not that Harvey's frowns and threats frightened Pott and Harwood, but that it gave him a chance to frustrate their plans when they landed at Plymouth. Hardly had the ship touched dock when he hastened to see the mayor of the city to tell him of the "late mutiny and rebellion" in Virginia. So the mayor put Pott under arrest "as a principal author and agent thereof," and seized the trunk containing the papers entrusted to Harwood. Pott was dragged off to London and locked up in the old debtors' prison called the Fleet.[34]
In the meanwhile, Harwood had set off post haste to get to London ahead of Harvey so as to make friends and tell of his misgovernment. He got a ride with the postman who was carrying the mail. At Exeter he stopped at the Sign of the Valiant Soldier, and drank a pint of wine with the proprietor. This seems to have loosened his tongue, for he poured out the story of Harvey's misdeeds to this stranger, told him of his mission, and added that if Harvey ever returned to Virginia "he would be pistolled or shot."[35]
We do not know whether Harwood or Harvey won the race to London. But it was the Governor who succeeded in gaining the support of the King and the Privy Council. It is possible that his accusation that Harwood "was one of the chief of the mutineer Burgesses that opposed his Majesty's service in the tobacco contract and in stirring up the country to this mutiny," may have landed him in prison. At all events, when the Privy Council met, the Governor had things his own way.
The King was greatly surprised that the Virginians had dared defy him by ousting their duly appointed Governor. He was determined to send Harvey back if but for one day, he said. And should he clear himself of the charges against him, he would keep him there longer than he had intended. As a further vindication of his authority, he gave orders that West, Mathews, Utie, and Pierce, the leaders of the mutiny, be brought to England "to answer their misdemeanors." He also directed the Attorney General to draw up a new commission for Harvey with an enlargement of his powers.[36]
Though Harvey may have been a bit nervous over the threat of "pistoling," he was too anxious to regain his confiscated property and get revenge on his enemies to hesitate to return to Virginia. He made no secret of his intention to confiscate the property of those who had so humiliated him. As for Samuel Mathews, whose estate consisted largely of cattle, he vowed he would leave him not worth a cow's tail.[37] Yet he thought it prudent to ask for one of the King's ships, explaining that this would "much abate the boldness of the offenders." So on October 2, 1636, he set forth proudly in the Black George. But he did not get very far. The Black George proved so leaky that for a while it seemed that it might prove a Godsend to Virginia by taking Sir John to the bottom. But it turned back and succeeded in reaching port. The Governor set sail again, this time on a merchant vessel.
When he reached Virginia, in January, 1637, Harvey could not wait for the ship to wend its way up to Jamestown before asserting his authority, but landed at Point Comfort and established a temporary capital at Elizabeth City. Here he began immediately to turn sheriffs and justices out of office and replace them with men more to his liking.[38] Messengers were sent to summon the Council to meet in the Elizabeth City church. It must have been with an air of triumph that he greeted the Councillors, for now the day of retribution had come.