rthrow of Sir Francis Wyatt was a severe blow to the enemies of
the old Harvey faction. Anthony Panton entered a protest against the
change of administration, claiming that it had been brought about by
surreptitious means and that no just complaint could be made against
Governor Wyatt.[314] At his petition Berkeley was ordered to postpone
his departure for Virginia until the matter could be investigated
further. Upon signing an agreement, however, to protect the interests of
Wyatt and his friends, he was allowed to sail and reached the colony in
1642.
The new Governor soon showed that he had no intention of persecuting
Harvey's enemies, or of continuing the bitter quarrels of the preceding
administrations. In his first Council we find Samuel Matthews, William
Pierce and George Minifie, all of whom had been implicated in the
"thrusting out".[315] Whether proceeding under directions from the
English government, or actuated by a desire to rule legally and justly,
he conferred a priceless blessing upon the colony by refusing to use the
judiciary for political persecution. So far as we can tell there was no
case, during his first administration, in which the courts were
prostituted to personal or party ends. Thomas Ludwell afterwards
declared that it was a convincing evidence of Berkeley's prudence and
justice that after the surrender to the Commonwealth, when his enemies
might easily have hounded him to his ruin, "there was not one man that
either publickly or privately charged him with injustice".[316] In
March, 1643, he affixed his signature to a law allowing appeals from the
Quarter Courts to the Assembly. This right, which seems not to have been
acknowledged by Sir John Harvey, was of the very highest importance. It
gave to the middle class a share in the administration of justice and
afforded an effectual check upon the abuse of the courts by the Governor
and Council.
Berkeley greatly endeared himself to the poor planters by securing the
abolition of a poll tax that contributed to the payment of his own
salary.[317] "This," the Assembly declared, "is a benefit descending
unto us and our posterity which we acknowledge contributed to us by our
present Governor."[318] Berkeley also made an earnest effort to relieve
the burden of the poor by substituting for the levy upon tithables
"assessments proportioning in some measure payments according to mens
abilities and estates" But the colonial legislators soon found a just
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