e "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touching the revival of repealed laws by proclamation was referred to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 th
|