In the course of the afternoon Sir Amyas and three others were deputed to wait on Mary with a duplicate copy of the Commission, which she had requested to see. They proceeded to explain this document, which was chiefly founded on two Acts of Parliament passed two years previously. By the former of these it was declared high treason for any one to speak of Mary's succession to the crown of England during the lifetime of Elizabeth. The second decreed that should any one, of whatsoever rank, in the kingdom or abroad, conspire against the life of Elizabeth, or connive at such conspiracy, it should be lawful for an extraordinary jury comprised of twenty-four persons to adjudge that case. These laws (which the Queen justly felt to have been framed specially for her destruction) were now to be applied. She was accused of "consenting" to the "horrible fact of the destruction of Elizabeth's person and the invasion of the kingdom," and she was now called upon to submit to the interrogations of the appointed judges. To the energetic protests offered by Mary the deputies made no reply, but withdrew to consult with the other Commissioners; and later in the day the attack was renewed.
On this occasion Bourgoing says that the lords came in fewer numbers than in the morning, but with the same ostentatious ceremony.
The Queen began by referring to a passage in Elizabeth's letter, and demanded to know what the word "protection" there signified. "I came into England," said she, "to seek assistance, and I was immediately imprisoned. Is that 'protection'?" Burleigh, always the spokesman, and who invariably seemed animated with a wish to attack Mary, was puzzled to reply to this simple question, and endeavoured to evade it. He had "read the letter in question," he said, "but neither he nor his colleagues were so presumptuous as to dare to interpret their mistress's letter. She, no doubt, knew well what she wrote; but it was not for subjects to interpret the words of their sovereign."
"You are too much in the confidence of your mistress," returned Mary, "not to be aware of her wishes and intentions, and if you are armed with such authority by your Commission as you describe, you have surely the power to interpret a letter from the Queen." Burleigh denied that he and his companions had known anything of the letter; adding, however, that he was aware that his mistress considered that every person living in her kingdom was subject to its laws. "This letter," continued Mary, "was written by Walsingham; he confessed to me that he was my enemy, and I well know what he has done against me and my son." At this point the Commissioners "discussed among themselves as to whether Walsingham had been in London at the time when the letter was written or not, but could not decide the question." Mary then again protested against the injustice of being tried by the laws of a country in which she had lived only as a prisoner.
"If your Majesty," retorted one of the lords, "was reigning peacefully in your own kingdom, and some one were to conspire against you, would you not proceed against him, were he the greatest king in the world?"
"Never," replied Mary, "never would I act in such a manner; however, I see well that you have already condemned me—all you do now is merely for form's sake. I do not value my life, but I strive for the preservation of my own honour, and the honour of my relatives and of the Church. You frame laws according to your own wishes," continued the Queen; "and as in former days the English refused to recognise the salique law in France, so I do not feel bound to submit to your laws. If you wish to proceed according to the common law of England, you must produce examples and precedents. If you follow the canon law, those only who framed it can interpret it. Roman Catholics alone have the right to explain and apply it." To this Burleigh replied that the canon law was used ordinarily in England, especially regarding marriages and kindred matters, but not in what touched the authority of the Pope, which they neither desired nor approved. "In consequence then," continued Mary, "you cannot avail yourselves of the privilege of him whose authority you deny. The Pope and his delegates alone can interpret the canon law, and I know of no one in England who has received this authority from the sovereign pontiff. As for the civil laws, they were made by the Catholic Emperors of old, or in any case, sanctioned by them; and these laws can only be applied by such as approve their authors, and would wish to imitate them. As these laws were often obscure and difficult, and people wished to interpret them, each according to his own idea, universities were established in Italy, France, and Spain. Here in England, where none such exist, you do not possess the knowledge of the true spirit and interpretation of these laws, but you interpret them according to your own wishes, and in such a way as to serve the law, and the police law of your country. If you wish to try me by the true civil law, I demand that some members of the universities be allowed to judge my case, so that I may not be left to the judgment of such lawyers as are subservient to the laws of England alone. But I see that you wish to prevent me from benefiting either by the canon or the civil law. You wish to reduce me to subject myself to the law of this country; but," continued the Queen earnestly, "I have no knowledge of this law. It is not my profession, and you have taken from me all power of studying it. Kings and princes usually have around them such persons as are versed in these matters, but I have no one. I therefore beg you to give me information in order that I may know how those in my position have been treated in the time past, and what has been admitted by law or precedent, either favourable to my case or not."
Mary's hearers eagerly seized the opportunity afforded them, and suggested that she should see the judges and lawyers then present at Fotheringay, who would explain the matter to her. At first the Queen seemed as if she were inclined to favour this proposal. "Her Majesty, very well pleased, at first agreed, till she perceived by some words of the Treasurer (Burleigh) that by this suggestion they had no intention but to make her aware by them (the judges) that her cause was bad, that she was subject to the laws of England, and that there was a just case against her, so that consequently she might in the end be judged by them. So Her Majesty, perceiving that she could not communicate with the judges about her business without humbling herself, refused to hear them."[26]
The envoys now proposed to the Queen to hear the new Commission. After listening to it attentively, Mary observed that she saw it referred to laws which she must refuse to recognise, as she suspected that they had been framed expressly for her ruin by those persons who were her enemies, and who aimed at dispossessing her of her right to the kingdom. Elizabeth's emissaries replied that even though the laws were new, they were as just and equitable as those of other countries. Her Majesty, they added, knew well that it was necessary on occasion to abrogate certain laws and frame new ones.
"These new laws," returned Mary, "cannot be used to my prejudice. I am a stranger, and consequently not subject to them, and the more especially as I belong to a different religion. I confess to being a Catholic, and for this religion I would wish to die, and shed my blood to the last drop. In this matter do not spare me; I am ready and willing, and shall esteem myself very happy if God grants me the grace to die in this quarrel." The Queen's hearers, amazed at her courage, refrained from pressing her further, and reserved—as Bourgoing tells us—their reply for a future occasion.