Give Me Liberty: The Struggle for Self-Government in Virginia — John Shaqi
Give Me Liberty: The Struggle for Self-Government in VirginiaWertenbaker, Thomas Jefferson
History
Give Me Liberty: The Struggle for Self-Government in Virginia
Wertenbaker, Thomas Jefferson
Virginia -- Politics and government -- To 1775
But it was chiefly through the courts that he carried out his designs.
He himself presided over the quarter court, and it was he who appointed
the commissioners or justices who sat on the local courts. Thus it was
not difficult for him to secure any verdict he wished. So he had at hand
an instrument to satisfy his lust for power by crushing those who
resisted him, and his lust for money by imposing heavy fines. It should
have been obvious to Charles I when he agreed to give Harvey all fines
and amercements, that it was a dangerous thing to permit a judge, or one
who appointed judges, to profit from his or their decisions.
The most notorious abuse of the judicial power by Harvey was his
prosecution of Dr. Pott. Charging the pleasure-loving physician with
pardoning murder and marking other men's cattle for his own, he
suspended him from the Council, and confined him to his plantation
pending the day of his trial. When Pott defied the Governor's order and
came to Elizabeth City, Harvey put him in prison and set a guard around
it. In July, 1630, he was put on trial.
We have only one detail of the proceedings, but that like a flash is
revealing of Pott's character and of the farcical character of the
prosecution. When a certain Richard Kingswell testified against him,
Pott declared that he was as great a liar and hypocrite as Gusman of
Alfrach. He was referring to the book by Mateo Aleman, of Seville, in
which Gusman is shown first as a scullion, then as an errand boy, then
as a thief, then as a pretended gentleman who cheated his creditors.[7]
But this thrust did not save him. He was convicted, and his entire
estate confiscated.[8]
It would seem that in this case Harvey was actuated more by a desire to
show his power than by avarice. If he could humble so prominent a man as
Pott, one who had been acting Governor, others would stand in awe of
him. "It will be a means to bring people to ... hold a better respect to
the Governor than hitherto they have done," he wrote.[9] But having
shown his power to ruin, he now sought to show that he could also
restore. So he wrote the King suggesting clemency. "For as much as he is
the only physician in the colony, and skilled in the epidemical diseases
of the planters ... I am bound to entreat" your Majesty to pardon
him.[10]
A more sincere plea came from the doctor's wife, Elizabeth. Getting up
from a sick bed, she made the long and dangerous voyage to England to
complain to the King "touching the wrong" done her husband. Charles
referred the case to the Virginia Commissioners, who listened
sympathetically as she poured out the story of injustice and
persecution.[11] They concluded that there had been "some hard usage
against" Pott, and recommended that the King pardon him. Accordingly,
Charles forgave his "offences" and restored his property.[12] But the
jovial doctor never regained his seat in the Council.
Public-domain text, read in full here on John Shaqi.
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