n September 1586, Elizabeth ordered that Mary be moved to Fotheringay House in Northamptonshire and that a commission be set up to examine and try her. Two charges were brought against her: first, for conspiring to overthrow Elizabeth's government with the help of foreign powers; and second, for conspiring to assassinate Elizabeth.

At first, Mary claimed that she did not recognise the laws of England and refused to attend the trial. When told that the trial would take place whether she attended or not, she agreed to attend, but only on condition that she was questioned on the single charge of having planned to assassinate Elizabeth.

Mary strongly denied the charge:

"I would never make shipwreck of my soul by (planning) the death of my dearest sister".

She also denied any knowledge of Babington and the other conspirators:

"Can I be responsible for the criminal projects of a few desperate men, which they planned without my knowledge or participation?"

Questioned about the letters, she replied that her only crime was to have "earnestly wished for liberty". However well Mary might have defended herself, the truth was that the commission was not really intended as a trial but as a means of setting out reasons for a judgement that had already been made. Documents were withheld from her and she was not allowed to question any of the witnesses whose testimonies had condemned her. This seems unfair to us, but it was the normal practice of the time.

Mary was found guilty. Both Houses of Parliament demanded her execution. Elizabeth hesitated, telling them that she could not make up her mind.