The assizes were held at Launceston on the 16th September, 1577, when indictments were made against Cuthbert Mayne; Francis Tregian, Esq.; Richard Tremaine, gentleman, of Tregonnan; John Kempe, gentleman, of Rosteague; Richard Hore, gentleman, of Trenoweth, and others. Cuthbert Mayne for high treason: the others fell under the Statute of Præmunire, and later and more specific acts.
The Statute of Præmunire was but one of several that had been enacted from the time of Edward III, against papal interference with the affairs of England. The Statute of Præmunire was passed in 1393. "Whoever procures at Rome or elsewhere, any translations, processes, excommunications, bulls, instruments, or other things which touch the King, against him, his crown, and realms, and all persons aiding and assisting therein, shall be put out of the King's protection, their lands and goods forfeited to the King's use, and they shall be attached by their bodies to answer to the King and his Counsel: or process of præmunire facias shall be made out against them, as in any other case of prisoners."
The Bull that had been found in the possession of Cuthbert Mayne was one from Pope Gregory XIII granting plenary absolution from all their sins to English Papists, as they were unable to attend the Pope's jubilee at Rome, on condition that they should recite the Rosary fifteen times.
The Bull might very well have been treated with the contempt it merited, but the fact of the possession of such a document by Cuthbert Mayne was enough to procure his condemnation, as it was against the laws of England, and had been so for over one hundred and eighty years.
The other gentlemen were liable either as having received Cuthbert Mayne into their houses, or as having heard him say Mass, and as absenting themselves from their parish church.
Here came in the sharpened provisions enacted under Henry VIII and Elizabeth.
As Judge Marwood said at the trial: "We have not to do with your papistical use in absolving of sins. You may keep it to yourselves, and although the date of the Bull was expired and out of force, as you have alleged, so was it always out of force with us, for we never did, or never do account any such thing to be of force or worth a straw, and yet the same is by law of this realm treason, and therefore thou hast deserved to die."
The main indictment ran as follows:—
"Thou Cuthbert Maine art accused for that thou, the 1st October, in the eighteenth year of our Sovereign lady the Queen that now is, did traitorously obtain from the See of Rome a certain instrument printed, containing a pretended matter of absolution of divers subjects of the realm. The tenour of the which instrument doth follow in these words: Gregorius Episcopus, servus servorum Dei, etc., contrary to the form of a certain statute in the thirteenth year of our Sovereign lady the Queen, lately made and published, and contrary to her peace, crown, and dignity. And that you," meaning the rest, "after the said instrument obtained as aforesaid, and knowing the said Cuthbert Maine to have obtained the same from the Apostolic See, the 30th day of April, in the nineteenth of our said Sovereign the Queen's reign, at Golden aforesaid, did aid, maintain, and comfort the said Cuthbert Maine, of purpose and intent to extol and set forth the usurped power and authority of a foreign Prelate, that is to say, the Bishop of Rome, teaching and concerning the execution of the premises, contrary to the said statute and published as aforesaid, and contrary to the place of our Sovereign lady the Queen, her crown and dignity."
There were other indictments, as that Cuthbert Mayne and these laymen had refused to attend service in the parish church, and that the priest had brought over a number of "vain things," such as an Agnus Dei in silver or stone, which had been blessed by the Pope and had been accepted by the laymen.