But the magistrates straightway delivered the culprit to the governor-general, who immediately placed him under arrest.  A court-martial was summoned, 26th of June, at Utrecht, consisting of Hohenlo, Essex, and other distinguished officers.  They found that the conduct of the prisoner merited death, but left it to the Earl to decide whether various extenuating circumstances did not justify a pardon.  Hohenlo and Norris exerted themselves to procure a mitigation of the young man’s sentence, and they excited thereby the governor’s deep indignation.  Norris, according to Leicester, was in love with the culprit’s aunt, and was therefore especially desirous of saving his life.  Moreover, much use was made of the discredit which had been thrown by the Queen on the Earl’s authority, and it was openly maintained, that, being no longer governor-general, he had no authority to order execution upon a Netherland officer.

The favourable circumstances urged in the case, were, that Hemart was a young man, without experience in military matters, and that he had been overcome by the supplications and outcries of the women, panic-struck after the first assault.  There were no direct proofs of treachery, or even of personal cowardice.  He begged hard for a pardon, not on account of his life, but for the sake of his reputation.  He earnestly implored permission to serve under the Queen of England, as a private soldier, without pay, on land or sea, for as many years as she should specify, and to be selected for the most dangerous employments, in order that, before he died, he might wipe out the disgrace, which, through his fault, in an hour of weakness, had come upon an ancient and honourable house.  Much interest was made for him—­his family connection being powerful—­and a general impression prevailing that he had erred through folly rather than deep guilt.  But Leicester beating himself upon the breast—­as he was wont when excited—­swore that there should be no pardon for such a traitor.  The States of Holland and Zeeland, likewise, were decidedly in favour of a severe example.

Hemart was accordingly led to the scaffold on the 28th June.  He spoke to the people with great calmness, and, in two languages, French and Flemish, declared that he was guiltless of treachery, but that the terror and tears of the women, in an hour of panic, had made a coward of him.  He was beheaded, standing.  The two captains, Du Ban and Koeboekum, who had also been condemned, suffered with him.  A third captain, likewise convicted, was, “for very just cause,”, pardoned by Leicester.  The Earl persisted in believing that Hemart had surrendered the city as part of a deliberate plan, and affirmed that in such a time, when men had come to think no more of giving up a town than of abandoning a house, it was highly necessary to afford an example to traitors and satisfaction to the people.  And the people were thoroughly satisfied, according to the governor, and only expressed their regret that three or four members of the States-General could not have their heads cut off as well, being as arrant knaves as Henlart; “and so I think they be,” added Leicester.