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[160] people recovered from anarchy, tranquilly organized a
Chap. XIII.} 1678.
government, and established courts of justice. The insurrection was a deliberate rising of the people against the pretensions of the proprietaries and the laws of navigation; the uneducated population of that day formed conclusions as just as those which a century later pervaded the country. Eastchurch arrived in Virginia; but his commission and authority were derided; and he himself was kept out by force of arms;1 while the insurgents, among whom was George Durant, the oldest landholder in Albemarle, having completed their institutions, sent Culpepper
1679.
and another to England to negotiate a compromise. It proves in Culpepper a conviction of his own rectitude, that he did not hesitate to accept the trust.

But the late president and his fellow-sufferers, having escaped from confinement in Carolina, appeared also in England with adverse complaints. To a struggle between the planters and the proprietaries, the English public had been indifferent; but Miller presented himself as the champion of the navigation acts, and enlisted in his favor the jealous anger of the mercantile cities. Culpepper, just as he was embarking for America, was taken into custody, and his interference with the collecting of duties, which he was charged with embezzling, and which there is no reason to believe he had applied to other than public purposes, stimulated a prosecution; while his opposition to the proprietaries was held to justify an indictment for an act of high treason, committed without the realm.

A statute of Henry VIII.2 was the authority for arraigning a colonist before an English jury—an act of

1 Williamson, i. 264.

2 35 Henry VIII. c. 2.

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