onscious of their duty and so resolute in executing it.
They were still, as in most periods of colonial history, men of high
social position, but they represented, not their own class, but the
entire colony. And they were ever watchful to guard the interests of the
commons.

Effingham took the oath of office in England, October 24, 1683,[954] and
a few months later sailed for the colony.[955] No sooner had he set foot
in Virginia than the struggle with the Burgesses began. The session of
Assembly of April, 1684, was filled with their bitter disputes.

Consternation reigned in the House when Lord Howard produced an
instruction from the King forbidding appeals from the inferior courts to
the Assembly.[956] As early as October, 1678, Colonel Francis Moryson
had advised the Privy Council to abolish the judicial powers of the
Assembly, claiming that they were the source of the great influence and
"arrogancy" of that body.[957] Their Lordships did not awaken at once to
the importance of this matter, but before long they became convinced
that Moryson was right. Accordingly Lord Culpeper, in his commission of
1682, was directed to procure the immediate repeal of all laws "allowing
appeals to the Assembly".[958] But Culpeper, interested only in securing
money from the Burgesses, failed to put this instruction into operation.
"As to what concerns Appeals," he declared, "I have never once permitted
any one to come to the Assembly, soe that the thing is in effect done.
But having some thoughts of getting a Revenue Bill to pass, I was
unwilling actually to repeal ye Laws relating thereunto till the next
session of Assembly should be over, well knowing how infinitely it would
trouble them."[959]

But Effingham had no such scruples, and told the Burgesses plainly the
commands he bore from the King.[960] The House, in great dismay,
requested the Governor and the Council to join them in an address to his
Majesty, imploring him to restore a privilege which had so long been
enjoyed "according to ye Laws and antient Practice of the
Country".[961] But Lord Howard replied coldly, "It is what I can in noe
parte admitt of, his Majesty haveing been pleased by his Royal
instruccons to direct & command that noe appeales be open to the General
Assembly."[962]

Nor did the Assembly ever regain this important power. As late as 1691
we find the agent of the Burgesses in England asking in vain for the
restoration of the right of appeals.[963] The