Claiborne brought his case before the king, who referred it to the Lords Commissioners for Plantations; then, as his partners feared to take further risk, he carried on the trade in the bay almost solely with his own servants and resources.

In December, 1636, these partners, becoming dissatisfied at their loss of profit, made the capital mistake of sending, as their agent to Kent Island, George Evelin, who pretended at first to be an ardent supporter of Claiborne, but presently, under a power of attorney, claimed control over all the partnership stock.
Claiborne, naturally indignant and not suspecting any danger, sailed for England in May, 1637, to settle accounts with his partners, having just previously established another settlement on Palmer's Island at the mouth of the Susquehanna River, believed by him to be north of the Maryland patent.

After he was gone, Evelin tried to persuade the inhabitants to disown Claiborne and submit to Lord Baltimore; and when they declined he urged Governor Calvert to attempt the reduction of the island by force.

After some hesitation the latter consented, and while the assembly was sitting at St.Mary's, in February, 1638, Calvert made a landing at night with thirty men, and, taking the inhabitants by surprise, succeeded in reducing the island to submission.[10] Calvert's after-conduct reflects little credit upon his reputation for leniency.

In March, 1638, he caused Claiborne to be attainted by the assembly as a rebel and his property confiscated, and Thomas Smith, who commanded one of Claiborne's pinnaces in the battles three years before, was tried and hanged for murder and piracy.[11] In England, in the mean time, Claiborne and Baltimore were contending zealously for the favor of the king.