Cuthbert Mayne - Imprisonment and Trial

Imprisonment and Trial

While awaiting trial at the circuit assizes in September, Mayne was imprisoned in Launceston gaol, being chained to his bedposts. The authorities sought a death sentence but had difficulty in framing a treason indictment to that end. At the opening of the trial on 23 September 1577 there were five counts against him: first, that he had obtained from the Roman See a "faculty" (or bulla), containing absolution of the Queen's subjects ; second, that he had published the same at Golden; third, that he had taught the ecclesiastical authority of the Pope and denied the queen's ecclesiastical supremacy while in prison; fourth, that he had brought into the kingdom an Agnus Dei and delivered it to Francis Tregian; fifth, that he had celebrated Mass.

Mayne answered all counts. On the first and second counts, he said that the supposed "faculty" was merely a copy printed at Douai of an announcement of the Jubilee of 1575, and that its application having expired with the end of the jubilee, he certainly had not published it either at Golden (the manor house of Francis Tregian) or elsewhere. On the third count, he said that he had asserted nothing definite on the subject to the three illiterate witnesses who swore to the contrary. On the fourth count, he said that the fact he was wearing an Agnus Dei at the time of his arrest did not establish that he had brought it into the kingdom or delivered it to Tregian. On the fifth count, he said that the presence of a Missal, a chalice, and vestments in his room did not establish that he had said Mass.

The trial judge, Justice Sir Roger Manwood, directed the jury to return a verdict of guilty, stating that, "where plain proofs were wanting, strong presumptions ought to take place". Manwood also argued that it was illegal to introduce any papal letter into the country, no matter what it was. The circumstantial case, in other words, was to be sufficient to prove the indictments. The jury found Mayne guilty of high treason on all counts, and accordingly he was sentenced to be hanged, drawn and quartered. Mayne responded, "Deo gratias".

With him had been arraigned Francis Tregian and eight other laymen. The eight were sentenced to seizure of their goods and life imprisonment, Tregian to die (in fact he spent 26 years in prison).

After the sentencing, Judge Jeffries took exception to the proceedings and referred the matter to the Privy Council. The Council submitted the case to the whole bench of judges, which was inclined to leniency on the grounds of the flimsiness of the evidence. Nevertheless, the council ordered the execution to proceed.

At the examination of Mayne after the trial, Mayne admitted to having said mass. The Record Office also recorded that among his papers were notes which brought him under suspicion of the charge that Catholics were bound, in the right opportunity, to rise against the Queen. The same office also recorded him admitting to this during his examinaton after the trial:

The words found in a book of his signifying that though the catholic religion did now serve, swear and obey, yet if occasion were offered they would be ready to help the execution, &c., were annexed to a text taken out of a general council of Lateran for the authority of the pope in his excommunication, and at the last council of Trent there was a consent of the catholic princes for a reformation of such realms and persons as had gone from the authority of the bishop of Rome, when it was concluded that if any catholic prince took in hand to invade any realm to reform the same to the authority of the see of Rome, that then the catholics in that realm should be ready to assist and help them. And this was the meaning of the execution as he saith, whiph he never revealed to any man before.' ' the people of England may be won unto the catholic religion of the see of Rome by such secret instructions as either are or may be within the realm; but what these secret instructions are he will not utter, but hopeth when time serveth they shall do therein as pleaseth God.'

On the night of 27 November Mayne's cell was reported by his fellow prisoners to have become full of a "great light".