Mary was arrested and charged with plotting to kill Queen Elizabeth. Since Parliament had just passed a law making such actions punishable by death, Mary would stand trial as a traitor. If convicted, she would face execution. She was brought to the English castle of Fotheringhay where she stood trial without representation. Even a queen was subject to the ancient tradition of "no lawyer allowed" when the charge was treason.

If Mary had been allowed to have a lawyer, the entire proceeding would have been questioned. Since when did Elizabeth, and her court, have the right to charge the sovereign of another country with high treason against the English queen? Under what authority did Elizabeth, and her court, have the right to deny another sovereign the right to counsel?

No doubt Mary's abdication in favor of her son lessened her status since she was no longer ruler of Scotland, but she was still the daughter and mother of a king. With what authority did Elizabeth and her court disregard Mary's legal protections? Why didn't Elizabeth try Mary herself? She was the only person who had a position remotely equal to Mary's.