Here Sir Amyas, "appearing to show himself more considerate," bade the Queen remember that he had no orders either to listen to her or to report her words; but Barker, "whispering in his ear," assured him that he could let her speak, and add her words and anything else he wished to the report. Paulet did not, however, avail himself of this piece of advice, and thus the interview ended.
On the following morning, about ten o'clock, just as the Queen was seated at table for her early dinner, Sir Amyas, Barker, and Stallenge came to inquire whether she would be pleased to see the Commissioners, as they desired to speak with her. Mary expressed her willingness to receive them, and accordingly several members, chosen from the different orders of peers, privy-councillors, and lawyers, entered her presence, one by one, with great ceremony, preceded by an usher bearing the great seal of England.
The Lord Chancellor, Sir Thomas Bromley, speaking in the name of all, announced that they had come by command of the Queen of England their mistress, who, being informed that the Queen of Scotland was charged with complicity in a conspiracy against her person and state, had commissioned them to examine her on several points concerning this matter. He further reminded Mary that the Commission was authorised by letters patent thus to interrogate her; and concluded by remarking that as neither her rank as sovereign nor her condition as prisoner could exempt her from obedience to the laws of England, he recommended Her Majesty to listen in person to the accusations about to be brought against her, as, should she refuse, the Commissioners would be obliged in law to proceed against her in her absence.
Mary, who was much moved by this arrogant speech, replied with tears that she had received Elizabeth's letter, and that she would rather die than acknowledge herself her subject. "By such an avowal," continued she, "I should betray the dignity and majesty of kings, and it would be tantamount to a confession that I am bound to submit to the laws of England, even in matters touching religion. I am willing to reply to all questions, provided I am interrogated before a free Parliament, and not before these Commissioners, who doubtless have been carefully selected, and who have probably already condemned me unheard." In conclusion Mary bade them consider well what they were doing. "Look to your consciences," said she, "and remember that the theatre of the world is wider than the realm of England." Noble and pathetic words, to the truth of which the history of three hundred years bears ample testimony.
Burleigh (whom Bourgoing designates as "Homme plus véhement")[25] here interrupted the Queen, and informed her that the council, after receiving her former reply, had taken the advice of several learned doctors of canon and civil law; and that the latter, after mature deliberation, had decided that the Court could, despite her protest, proceed in the execution of their Commission. "Will you therefore," continued Burleigh rudely, "hear us or not? If you refuse, the assembled council will continue to act according to the Commission."
The Queen reminded Burleigh that she was a queen, and not a subject, and could not be treated as one. He retorted that Queen Elizabeth recognised no other queen but herself in her kingdom. He and his colleagues, he said, had no wish to treat Mary as a subject; they were well aware of her rank, and were prepared to treat her accordingly; but they were bound to fulfil the line of duty laid down for them by the Commission, and to ascertain whether she was subject to the laws of England. He ended by declaring that she was assuredly subject to the civil and canon law as it was observed abroad. The Queen remaining unconvinced by these arguments, the Commissioners were forced to retire for a time.
Before leaving her Burleigh made a curious speech, bidding Mary recall to her memory the benefits which had been heaped upon her by her cousin! insisting in especial upon some remarkable instances of her clemency. "The Queen, my mistress," said he, "has punished those who contested your pretensions to the English crown. In her goodness she saved you from being judged guilty of high treason at the time of your projected marriage with the Duke of Norfolk, and she has protected you from the fury of your own subjects."
Mary replied to this extraordinary speech with a sad smile.
As soon as she had dined, the Queen, who, as Bourgoing tells us, had not been able to write for a long time, owing to rheumatic pains in her arm, set to work to make notes, to assist her when the Commissioners should return; fearing, as she said, that her memory might fail her. As was usual with her, however, the very danger of her position inspired her with fresh vigour and courage, and when the moment came she defended herself as "valiantly as she was rudely assailed, importuned, and pursued by the Commissioners; and she ended by saying far more than she had prepared in writing."