But prior to this period, an insurrection broke out in the colony of Albemarle, in December, 1677. At the end of two years succesful revolt, Culpepper, who was deeply concered in the business, was dispatched with another person to England with a promise of submission to the proprietaries, on certain conditions. When about to return after executing his trust, he was impeached by the commissioners of the customs, for acting as collector without their authority, and embezzling the king’s revenue in Carolina. He was seized on board a vessel in the Downs, brought back, and in Trinity-term, 1680, tried by virtue of the statute of _Henry_ VIII. on an indictment of high treason committed without the realm. The famous Lord Shaftesbury, then in the zenith of his popularity, appeared on his behalf, and represented, contrary to the most undoubted facts, “That there never had been any regular government in Albemarle, that its disorders were only feuds between the planters, which could only amount to a riot.” On this _Culpepper_ was acquitted. He is the first colonist who appears to have been regularly tried in the court of King’s-bench upon that statute:[41] but he was not transported from America in order to trial. His acquittal induced the proprietaries to resolve upon governing, in future, according to the portion of obedience which the insurgents should be disposed to yield. They recommended, however, an healing disposition. But the persons bearing the chief sway, being actuated too much by a vindictive spirit, proseeded against their opponents by imprisonment, fine, and banishment The seenes of anarchy produced by these measures were not changed, nor the condition of the colony mended by the arrival of governor _Seth Sothel_, in 1683, who was sent in hopes of quieting the disorders by his authority, as he had purchased Lord Clarendon’s share of the province. He was guilty of that bribery, extortion, injustice, rapacity, breach of trust, and disobedience of orders, for five years, that the inhabitants, driven almost to dispair, seized him with a view of sending him to England to answer to their complaints: but upon his intreaties, and offering to submit to their mutual accusations to the next assmbly, they accepted his proposal. The assembly gave judgment against him in all the above-mentioned particulars, and compelled him to abjure the country for twelve months, and the government for ever.