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.