In this epistle Elizabeth, as we see, once more held out hopes of clemency to her cousin, but it seems probable that Mary paid little heed to promises which she had so often found to be delusive. Bourgoing makes no allusion to this letter, but he says that his mistress, seeing the determination of the Commissioners to proceed in any case, "remained all the night in perplexity." On one side she dreaded being obliged to appear "in a public place against her duty, her state, and her quality," while on the other she foresaw that should she persist in her refusal to answer their interrogations, the Commissioners would assert her silence to be proof of her guilt, and would pronounce sentence against her, and declare "as an assured fact that in her conscience she knew herself to be guilty." Towards morning the Queen determined to send word to the lords that she desired to say a few words to them before they assembled.
On the morning of the 14th, accordingly, the Commissioners delegated some of their number to wait upon the Queen. Among these was Walsingham, whom Mary now saw for the first time. We subjoin the dignified address made by the Queen on this occasion. It seems evident that Bourgoing wrote down this speech either from Mary's dictation, or from notes supplied by herself, as, unlike the other speeches recorded by him, it is given throughout in the first person:—
"When I remember that I am a queen by birth," said Mary, "a stranger and a near relation of the Queen, my good sister, I cannot but be offended at the manner in which I have been treated, and could do nothing other than refuse to attend your assembly and object to your mode of procedure. I am not subject either to your laws or your Queen, and to them I cannot answer without prejudice to myself and other kings and princes of the same quality. Now, as always heretofore, I will not spare my life in defence of my honour; and rather than do injury to other princes and my son, I am prepared to die, should the Queen, my good sister, have such an evil opinion of me as to believe that I have attempted aught against her person. In order to prove my goodwill towards her, and to show that I do not refuse to answer to the charges of which I am accused, I am prepared to answer to that accusation only, which touches on the life of Queen Elizabeth, of which I swear and protest that I am innocent. I say nothing upon any other matter whatsoever as to any friendship or treaty with any other foreign princes. And making this protestation, I demand an act in writing."[29]
The Commissioners, "very happy to have brought the Queen to this point,"[30] assured her that their only desire was to ascertain whether she was guilty or not, and thus to satisfy their mistress, who would be well content to see her innocence proved. Mary then once more inquired if it was necessary for her to appear in the hall of council. They replied that it must be so; repeating that the apartment had been prepared expressly for the purpose, and that they would there hear her as if she were in the presence of Elizabeth herself, in order that they might address their report to their sovereign in due form. The delegates then withdrew to consult together over Mary's last protestation. Shortly afterwards they sent word that they had committed it to writing, and once again summoned her to appear before them. This the Queen consented to do "as soon as she had broken her fast by taking a little wine, as she felt weak and ill."[31]
The die was now cast. To us the Queen's decision seems a fatal error. Had she persisted in claiming her royal prerogative of inviolability, the trial would have lost that semblance of legal justice which her present assent—though made under protest—lent to it; and her accusers would have been unable to extricate themselves from the difficulty. It is, however, very questionable whether Mary's life would have been saved in any case. Had she refused to be tried, other means would have been found. Private assassination was the one and only form of death which was dreaded by the Queen. She knew that were she to die without witnesses, every effort would be made to blacken her fame and, if possible, to throw doubt on her fidelity to her faith. It is to this fear that we may probably attribute Mary's final decision to face her judges.
[CHAPTER III]
THE TRIAL
The First Day
THE large room destined for the trial was situated, as we have said, in close proximity to Mary's apartments, and immediately over the great hall of the castle. According to Bourgoing it was "very spacious and convenient." At the upper end stood the dais of estate, emblazoned with the arms of England, and surmounting a throne the emblem of sovereignty. In front of the dais, and at the side of the throne, a seat had been prepared for Queen Mary, "one of her crimson velvet chairs, with a cushion of the same" for her feet.