[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.
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