In January (1605-6), Salisbury sending, in the King's name, instructions to Sir E. Coke as to the trial of the conspirators, concluded with this admonition:[378] "You must remember to lay Owen as foul in this as you can," which certainly does not suggest that the case against him was overwhelmingly strong.
After the execution of the traitors, an Act of Attainder passed by Parliament included Owen amongst them.[379]
The archdukes remaining unconvinced, another and very notable argument was brought into play. On February 12th, 1605-6, Salisbury wrote to Edmondes:[380]
"As for the particular depositions against Owen and Baldwin, which the archdukes desire to have a sight of, you may let them know that it is a matter which can make but little to the purpose, considering that his Majesty already upon his royal word hath certified the archdukes of their guilt."
As to Owen's own papers which had been seized, the archduke assured the English ambassador,[381] "that if there had been anything to have been discovered out of the said papers touching the late treason (as he was well assured of the contrary), he would not have failed to have imparted the same to his Majesty."
At a later date the Spanish minister De Grenada wrote from Valladolid[382] that men could not be delivered up on mere suspicion, which might prove groundless, but that the archduke had received orders to sift the matter to the bottom, in order that justice might be done "very fully."
About the same time President Richardot informed Edmondes[383] that Owen strenuously denied the charges against him, "and that there is the more probability of his innocency for that his papers having been carefully visited, there doth not appear anything in them to charge him concerning the said matter."
On April 21st Salisbury informed Edmondes of a conference on the subject between the king and the archduke's ambassador.[384] The latter declared that his master was ready to prosecute the accused in his own courts if evidence was furnished him, but in reply King James explained that this was impossible, and that he "was loth to send any papers or accusations over, not knowing how they might be framed or construed there by the formalities of their laws." He added that it was useless now to talk of evidence, "seeing the wretch is already condemned by the public sentence of the whole Parliament, which sentence the archdukes might see if they would." The ambassador thereupon asked to have a copy, but was curtly told that it would presently be printed, when he could buy one for twelve pence and send it to his masters, but that the king was not disposed to make a present of it.
In these circumstances the archdukes determined to detain Owen no longer, and he was presently discharged. The news of this proceeding produced a remarkable change in the tone of his accusers. On June 18th, the secretary wrote to Edmondes[385] that Owen's enlargement "seemed to give too much credit to his innocency;" moreover, that "though his Majesty showed no great disposition (for many considerations specified unto you) to send over the papers and accusations against him, ... yet this proceeded not out of any conscience of the invalidity of the proofs, but rather in respect that his process being made here, and the caitiff condemned by the public sentence of the Parliament, it would have come all to one issue, seeing they have proceeded when his Majesty left it to themselves to do as they thought fit."
To reinforce this lucid explanation Salisbury sent six days later what had before been refused, an abstract of "confessions against Owen," and a corrected copy of the Act of Attainder. These documents deserve some consideration.