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ds of the conspiracy; as soon as that letter to Babington was in his hands, he delayed no longer to arrest the guilty persons: they confessed, were condemned and executed. By further odious means--the prisoner being removed from her apartments on some pretence and the rooms then searched--possession was obtained of other papers which witnessed against her. Then the question could be laid before the Privy Council whether she should now be brought to trial and sentenced in due form. Who had given the English Parliament any right to make laws which should be binding on a foreign queen, and in virtue of which, if she transgressed them, she could be punished with death? In fact these doubts were raised at the time.[259] Against them it was alleged that Mary, who had been forced to abdicate by her subjects and deprived of her dignity, could not be regarded any longer as a queen: while a deposed sovereign is bound by the laws of the land in which he resides. If she was still a queen, yet she was subject to the feudal supremacy of England, and because of her claim to its crown also subject to its sovereignty--two arguments that contradict each other, one of a feudal, the other of a popular character and closely connected with the idea of popular sovereignty. Whether the one or the other convinced any person, we do not hear; it was moreover not a matter for argument any longer. For how could anything else be expected but that the judicial proceedings prepared several years before would now be put in force? A law had been passed calculated for this case, if it should occur. The case had occurred, and was proved by legal evidence. It was necessary for the satisfaction of the country and Parliament--and Walsingham laid particular stress on this--that the matter should be examined with full publicity. The commission provided for in the Act of Parliament was named: it consisted of the chief statesmen and lawyers of the country. In Fotheringhay, whither the prisoner had now been brought, the splendid ancestral seat of the princes of the house of York, at which many of them were buried, they met together in the Hall on the 14th October. Mary let herself be induced to plead by the consideration that she would be held guilty, if she did not make any defence: it being understood that it was with the reserve that she did not by this give up any of the rights of a free sovereign. Most of the charges against her she gradually admitted
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