The record recites a number of misdemeanors, such as wearing the hat in church, administering the communion to the excommunicated, and the like, but no attempt was made to prove a single charge. [Footnote: _Ill Newes_, pp. 31-44.] The reason is obvious: the only penalty provided by statute for the offence of being a Baptist was banishment, hence the only legal course would have been to dismiss the accused. Endicott condemned them to fines of twenty, thirty, and five pounds, respectively, or to be whipped. Clark understood his position perfectly, and from the first had demanded to be shown the law under which he was being tried. He now, after sentence, renewed the request. Endicott well knew that in acting as the mouthpiece of the clergy he was violating alike justice, his oath of office, and his honor as a judge; and, being goaded to fury, he broke out: You have deserved death; I will not have such trash brought into our jurisdiction. [Footnote: _Idem_, p. 33.] Holmes tells the rest: “As I went from the bar, I exprest myself in these words,--I blesse God I am counted worthy to suffer for the name of Jesus; whereupon John Wilson (their pastor, as they call him) strook me before the judgement seat, and cursed me, saying, The curse of God ... goe with thee; so we were carried to the prison.” [Footnote: _Idem_, p. 47.] All the convicts maintained that their liberty as English subjects had been violated, and they refused to pay their fines. Clark’s friends, however, alarmed for his safety, settled his for him, and he was discharged. Crandall was admitted to bail, but being misinformed as to the time of surrender, he did not appear, his bond was forfeited, and on his return to Boston he found himself free. Thus Holmes was left to face his punishment alone. Actuated apparently by a deep sense of duty toward himself and his God, he refused the help of friends, and steadfastly awaited his fate. As he lay in prison he suffered keenly as he thought of his birth and breeding, his name, his worldly credit, and the humiliation which must come to his wife and children from his public shame; then, too, he began to fear lest he might not be able to bear the lash, might flinch or shed tears, and bring contempt on himself and his religion. Yet when the morning came he was calm and resolute; refusing food and drink, that he might not be said to be sustained by liquor, he betook himself to prayer, and when his keeper called him, with his Bible in his hand, he walked cheerfully to the post. He would have spoken a few words, but the magistrate ordered the executioner to do his office quickly, for this fellow would delude the people; then he was seized and stripped, and as he cried, “Lord, lay not this sin unto their charge,” he received the first blow. [Footnote: _Ill Newes_, pp. 48, 56.]