NOTE % Z. 



that rested in your majesty s good pleasure, as you would require it. And 

 though the ordinary course was to assemble them, yet there might intervene 

 cases wherein the other course was more convenient. The like answer made 

 Justice Crook ; Justice Houghton, who is a soft man, seemed desirous first to 

 confer ; alleging that the other three judges had all served the crown before 

 they were judges, but that he had not been much acquainted with business of 

 this nature. We purpose therefore, forthwith, they shall be made acquainted 

 with the papers ; and if that could be done as suddenly as this was, I should 

 make small doubt of their opinions ; and howsoever, I hope, force of law and 

 precedent will bind them to the truth : neither am I wholly out of hope, that 

 my lord Cooke himself, when I have in some dark manner put him in doubt 

 that he shall be left alone, will not continue singular. 



For Owen, I know not the reason why there should have been no mention 

 made thereof in the last advertisement ; for I must say for myself, that I have 

 lost no moment of time in it, as my lord of Canterbury can bear me witness. 

 For having received from my lord an additional of great importance, which was, 

 that Owen of his own accord, after examination, should compare the case of 

 your majesty (if you were excommunicate) to the case of a prisoner condemned 

 at the bar, which additional was subscribed by one witness, but yet I perceived 

 it was spoken aloud, and in the hearing of others ; I presently sent down a 

 copy thereof, which is now come up, attested with the hands of three more, 

 lest there should have been any scruple of sirtgularis testis ; so as for this case, 

 I may say omnia parata ; and we expect but a direction from your majesty for 

 the acquainting the judges severally, or the four judges of the King s Bench, as 

 your majesty shall think good. 



I forget not, nor forslow not your majesty s commandment touching recu 

 sants, of which, when it is ripe, I will give your majesty a true account, and 

 what is possible to be done, and where the impediment is, Mr. Secretary 

 bringeth bonum voluntatem, but he is not versed much in these things, and 

 sometimes urgeth the conclusion without the premises, and by haste hindereth. 

 It is my lord treasurer and the Exchequer must help it, if it be holpen. I have 

 heard more ways than one, of an offer of 20,000/. per annum for farming the 

 penalties of recusants, not including any offence, capital or of premunire ; 

 wherein I will presume to say that my poor endeavours, since I was by your 

 great and sole grace your attorney, have been no small spurs to make them feel 

 your laws, and seek this redemption, wherein I must also say, my lord Cooke 

 hath done his part ; and I do assure your majesty I know, somewhat inwardly 

 and groundedly, that by the courses we have taken, they conform daily and in 

 great numbers ; and I would to God, it were as well a conversion as a confor 

 mity ; but if it should die by dispensation or dissimulation, then I fear that 

 whereas your majesty hath now so many ill subjects, poor and detected, you 

 shall then have them rich and dissembled. And therefore I hold this offer very 

 considerable, of so great an increase of revenue, if it can pass the fiery trial of 

 religion and honour, which I wish all projects may pass. 



Thus, inasmuch as I have made to your majesty somewhat a naked and 

 particular account of business, I hope your majesty will use it accordingly. 

 God preserve your majesty. 



Your Majesty s most humble and devoted subject and servant. 



To the King, concerning Owen s cause, &c. 



It may please your excellent Majesty, Myself, with the rest of your counsel 

 learned, conferred with my lord Coke, and the rest of the judges of the King s 

 Bench only, being met at my lord s chamber, concerning the business of Owen. 

 For although it be true, that your majesty in your letter did mention that the 

 same course might be held in the taking of opinions apart in this, which was 

 prescribed and used in Peacham s cause ; yet both my lords of the council, and 

 we amongst ourselves, holding it, in a case so clear, not needful ; but rather 

 that it would import a diffidence in us, and deprive us of the means to debate 

 it with the judges, if cause were, more strongly, which is somewhat, we thought 

 best rather to use this form. The judges desired us to leave the examinations 



