Effingham, who had been called to England upon private business, appeared before the Committee to defend his administration and to refute Ludwell's charges. Despite his efforts, several articles of the petition were decided against him, and the most pressing grievances of the people redressed. The "Complaint touching the fee of 200lbs of tobacco and cask", it was reported, "imposed by my Lord Howard for affixing the Great Seal to Patents ... in regard it was not regularly imposed ... the committee agree to move his Majesty the same be discontinued".[1031] Similarly their Lordships declared in favor of abolishing the fee of thirty pounds of tobacco required for registering surveys. The article touching the revival of repealed laws by proclamation was referred to the consideration of the Attorney-General and the Solicitor-General. These officers gave it as their opinion that his Majesty did have the right, by repealing acts of repeal, to revive laws, but the committee agreed to move the King that the Act of Attorneys should be made void by proclamation.[1032]

This was a signal victory for the Burgesses, but Ludwell, who had personal scores to settle with the Governor, did not let matters drop here. After the lapse of several months he appeared once more before the Committee with charges against Effingham of misgovernment and oppression.[1033] Referring to the quarrel over the Bill of Ports, in 1685, he accused him of exercising "two negative voices". He complained bitterly of his attacks upon those Burgesses that had opposed him in the Assembly, and of his abuse of the power of suspending Councillors. The money arising from fort duties, he said, which had formerly been accounted for to the Assembly, had, during Effingham's administration, "been diverted to other uses". The Governor had established new courts of judicature contrary to the wishes of the people.

These persistent attacks of Ludwell resulted in another victory, for the Committee decided that Effingham should no longer rule the colony. He was not displaced as Governor-General, but he was commanded to remain in England, and to leave the control of the administration to a Lieutenant-Governor. This, doubtless, was not unsatisfactory to Lord Howard, for he retained a part of his salary and was relieved of all the work and responsibility of his office. The Lieutenant-Governorship was given to Captain Francis Nicholson.[1034]

Thus the colony emerged triumphant from the Critical Period. It is true the House of Burgesses had lost many privileges—the right to elect its own clerk, the right to receive judicial appeals, the right to control all revenues,—but they had retained within their grasp that all-important power—the levying of general taxes. And they had gained greatly in political experience. Long years of watchfulness, of resistance to encroachments upon their rights, had moulded them into a body that the most cunning executive could neither cajole nor intimidate. Unmindful of the anger of Governors, the rebukes of Kings, of personal loss, even of imprisonment, they had upheld the people's rights. And their descendants were to reap the reward of their faithfulness. The traditions of ability, probity and heroism established by the men of the Critical Period made possible that long and honorable career of the House of Burgesses and the important rôle it was to play in winning independence for America.


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