While awaiting trial at the circuit
assizes in September, Mayne was imprisoned in
Launceston Castle. At the opening of the trial on 23 September 1577 there were five counts against him: 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 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". Tregian was sentenced to die but was in fact incarcerated for 28 years until, on the petition of his friends, he was released by King
James I. His execution was delayed because one of the judges, Jeffries, took exception to the proceedings and sent a report to the
Privy Council. The Council submitted the case to the whole bench of judges, which was inclined to Jeffries's view. Nevertheless, the council ordered the execution to proceed. Mayne had also supposedly stated that "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". == Execution ==