Burk, in his History of Virginia, has stigmatized Clayborne as "an unprincipled incendiary" and "execrable villain;" other writers have applied similar epithets to him. It appears to have been only his resolute defence of his own rights and those of Virginia that subjected him to this severe denunciation. He was long a member of the council; long filled the office of secretary; was held in great esteem by the people, and was for many years a leading spirit of the colony. Burk[195:A] denounces Sir John Harvey for refusing to surrender the fugitive Clayborne to the demand of the Maryland Commissioners, and adds: "But the time was at hand when this rapacious and tyrannical prefect (Harvey) would experience how vain and ineffectual are the projects of tyranny when opposed to the indignation of freemen." Thus the governor, who excited the indignation of the Virginians by his collusion with the Marylanders, was afterwards reprobated by historians for sympathizing with Clayborne in his defence of the rights of Virginia, and opposition to the Marylanders. If Harvey, in violation of the royal license granted to Clayborne in 1631, had surrendered him to the Maryland Commissioners, he would have exposed himself to the royal resentment; and nothing could have more inflamed the indignation of freemen than such treatment of the intrepid vindicator of their territorial rights. Before the assembly (called to hear complaints against the governor) met, Harvey, having consented to go to England to answer them, was "thrust out of the government" by the council on the 28th of April, 1635, and Captain John West was authorized to act as governor until the king's pleasure should be known. The assembly having collected the evidence, deputed two members of the council to go out with Harvey to prefer the charges against him. It was also ordered that during the vacancy in the office of governor, the secretary (Clayborne) should sign commissions and passes, and manage the affairs of the Indians.[195:B] King Charles the First, offended at the presumption of the council and assembly, reinstated Sir John, and he resumed his place, in or before the month of January, 1636. Chalmers[195:C] says that he returned in April, 1637. Thus the first open resistance to tyranny, and vindication of constitutional right, took place in the colony of Virginia; and the deposition of Harvey foreshadowed the downfall of Charles the First. The laws that had been enacted by the first assembly of Maryland, having been sent over to England for his approval, he rejected them, on the ground that the right of framing them was vested in himself; and he directed an assembly to be summoned to meet in January, 1638, to have his dissent announced to them.