Captain John Utie and Captain Samuel Matthews retorted by making a similar charge against Harvey, and he was arrested by the council, and confined at the house of Captain William Brocas.

Then the council elected Captain John West, of Chiskiack, brother of Lord Delaware, as governor, and summoned an assembly to meet at Jamestown in May following.

This body promptly ratified the action of the council, and Harvey was put aboard a ship and sent off to England in charge of two members of the House of Burgesses.[44] This deposition of a royal governor was a bold proceeding and mightily surprised King Charles.

He declared it an act of "regal authority," had the two daring burgesses arrested, and on the complaint of Lord Baltimore, who befriended Harvey, caused West, Utie, Menifie, Matthews, and others of the unfriendly councillors to appear in England to answer for their crimes.

Meanwhile, to rebuke the dangerous precedent set in Virginia, he thought it necessary to restore Harvey to his government.[45] Harvey did not enjoy his second lease of power long, for the king, in the vicissitudes of English politics, found it wise to turn once more a favorable ear to the friends of the old company, and in January, 1639, Sir Francis Wyatt, who had governed Virginia so acceptably once before, was commissioned to succeed Harvey.