imprisonment; but after the triumph of the Independents, this vote had been
rescinded,[a] and a high court of justice was now established to try the
same persons on a charge of high treason. It was in vain that Hamilton
pleaded[b] the order of the Scottish parliament under which he had acted;
that Capel demanded to be brought before his peers, or a jury of his
countrymen, according to those fundamental laws which the parliament had
promised to maintain; that all invoked the national faith in favour of that
quarter which they had obtained at the time of their surrender. Bradshaw,
the president, delivered the opinions of the court. To Hamilton, he
replied,

[Sidenote a: A.D. 1649. Feb. 1.]
[Sidenote b: A.D. 1649. Feb. 10.]

that, as an English earl, he was amenable to the justice of the country; to
Capel, that the court had been established by the parliament, the supreme
authority to which all must submit; to each, that quarter given on the
field of battle insured protection from the sword of the conqueror, but not
from the vengeance of the law. All five were condemned[a] to lose their
heads; but the rigour of the judgment was softened[b] by a reference to
the mercy of parliament. The next day the wives of Holland and Capel,
accompanied by a long train of females in mourning, appeared at the bar, to
solicit the pardon of the condemned. Though their petitions were rejected,
a respite for two days was granted. This favour awakened new hopes;
recourse was had to flattery and entreaty; bribes were offered and
accepted; and the following morning[c] new petitions were presented. The
fate of Holland occupied a debate of considerable interest. Among the
Independents he had many personal friends, and the Presbyterians exerted
all their influence in his favour. But the saints expatiated on his
repeated apostasy from the cause; and, after a sharp contest, Cromwell and