State Trials, Political and Social. Volume 1 (of 2)
History
State Trials, Political and Social. Volume 1 (of 2)
Trials -- Great Britain
The Attorney-General then points out that Cobham confessed that he had a
passport to travel, by means of which he intended to go to the Archduke,
and then to the King of Spain to raise money, after which Raleigh
confessed that he was to have joined him in Jersey on his way home.
Cobham had further stated that nothing could be settled as to the
distribution of the money they were to receive without Raleigh's
concurrence. In reply, Raleigh pointed out that all this depended on
Cobham's accusation, which he had never signed or vouched. 'I beseech
you, my lords, let Cobham be sent for, charge him on his soul, on his
allegiance to the King; if he affirm it, I am guilty.'
LORD CECIL--It is the Accusation of my lord Cobham, it is the
Evidence against you: must it not be of force without his
subscription? I desire to be resolved by the Judges whether by
the law it is not a forcible argument of evidence.
JUDGES--My lord, it is.
RALEIGH--The king at his coronation is sworn _In omnibus
Judiciis suis æquitatem, non rigorem legis, observare_. By the
rigour and cruelty of the law it may be a forcible evidence.
LORD CHIEF-JUSTICE--That is not the rigour of the law, but the
justice of the law; else when a man hath made a plain
Accusation, by practice he might be brought to retract it again.
RALEIGH--Oh my lord, you may use equity.
LORD CHIEF-JUSTICE--That is from the king; you are to have
justice from us.
LORD ANDERSON--The law is, if the matter be proved to the jury,
they must find you guilty; for Cobham's Accusation is not only
against you, there are other things sufficient.
LORD CECIL--Now that sir Walter Raleigh is satisfied, that
Cobham's Subscription is not necessary, I pray you, Mr.
Attorney, go on.
RALEIGH--Good Mr. Attorney, be patient, and give me leave.
LORD CECIL--An unnecessary patience is a hindrance; let him go
on with his proofs, and then repel them.
RALEIGH--I would answer particularly.
LORD CECIL--If you would have a table and pen and ink, you
shall.
Then paper and ink was given him. Here the Clerk of the Crown
read the Letter, which the lord Cobham did write in July, which
was to the effect of his former Examination; further saying, 'I
have disclosed all: to accuse any one falsely, were to burden my
own conscience.'
ATTORNEY--Read Copley's Confession the 8th of June; He saith, He
was offered 1000 crowns to be in this action.
Here Watson's Additions were read. 'The great mass of Money from
the count was impossible,' etc.
Brook's Confession read. 'There have Letters passed,' saith he,
'between Cobham and Aremberg, for a great sum of money to assist
a second action, for the surprizing of his majesty.'
Public-domain text, read in full here on John Shaqi.
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