In 1651 a team of six commissioners, led by Maryland merchant John Treworgie, was sent to Ferryland to seize Kirke and bring him to England to stand trial. His lands were acquired by the Commonwealth of England. Found not guilty, in 1653 Kirke re-purchased the title to his lands. His wife, Dame Sara Kirke, returned to Newfoundland to oversee his business and reclaim his property, but Cecil Calvert, Lord Baltimore, brought new charges against Kirke over the title of the lands around Ferryland. Kirke is thought to have died in the original Southwark jail, The Clink, as early as January 1654, while awaiting trial.