After a violent struggle, the ministers, under Norton’s lead, succeeded, on the 19th of October, 1658, in forcing the capital act through the legislature, which contained a clause making the denial of reverence to superiors, or in other words, the wearing the hat, evidence of Quakerism. [Footnote: _New England Judged_, ed. 1703, pp. 100, 101; _Mass. Rec._ vol. iv. pt. 1, p. 346.] On that very day the bench ordered the prisoners at Ipswich to be brought to the bar, and the Southwicks were bidden to depart before the spring elections. [Footnote: _Mass. Rec._ vol. iv. pt. 1, p. 349.] They did not go, and in May were once more in the felon’s dock. They asked what wrong they had done. The judges told them they were rebellious for not going as they had been commanded. The old man and woman piteously pleaded “that they had no otherwhere to go,” nor had they done anything to deserve banishment or death, though £100 (all they had in the world) had been taken from them for meeting together. [Footnote: _New England Judged_, ed. 1703, p. 106.] “Major-General Dennison replied, that ‘they stood against the authority of the country, in not submitting to their laws: that he should not go about to speak much concerning the error of their judgments: but,’ added he, ‘you and we are not able well to live together, and at present the power is in our hand, and therefore the stronger must send off.’” [Footnote: Besse, ii. 198.] The father, mother, and son were banished under pain of death. The aged couple were sent to Shelter Island, but their misery was well-nigh done; they perished within a few days of each other, tortured to death by flogging and starvation. Josiah was shipped to England, but afterward returned, was seized, and in the “seventh month, 1661, you had him before you, and at which according to your former law, he should have been tried for his life.” “But the great occasion you took against him, was his hat, which you commanded him to pull off: ‘He told your governour he could not.’ You said, ‘He would not.’ He told you, ‘It was a cross to his will to keep it on; ... and that he could not do it for conscience sake.’ ... But your governour told him, ‘That he was to have been tryed for his life, but that you had made your late law to save his life, which, you said, was mercy to him.’ Then he asked you, ‘Whether you were not as good to take his life now, as to whip him after your manner, twelve or fourteen times at the cart’s tail, through your towns, and then put him to death afterward?’” He was condemned to be flogged through Boston, Roxbury, and Dedham; but he, when he heard the judgment, “with arms stretched out, and hands spread before you, said, ‘Here is my body, if you want a further testimony of the truth I profess, take it and tear it in pieces ... it is freely given up, and as for your sentence I matter it not.’” [Footnote: _New England Judged_, ed. 1703, pp. 354-356.]