This section contains the nature of the case and procedural background.

At D’s trial the evidence consisted primarily of a sworn 'confession' by Lord Cobham, Raleigh's alleged co-conspirator, before the Privy Council and a letter by Cobham. D asserted that Cobham had recanted his confession and protested its introduction: “Good my lords, let my accuser come face to face and be deposed. Were the case but for a small copyhold, you would have witnesses or good proof to lead the jury to a verdict; and I am here for my life!” “But it is strange to see how you press me still with my Lord Cobham, and yet will not produce him; ... He is in the house hard by, and may soon be brought hither; let him be produced, and if he will yet accuse me or avow this confession of his, it shall convict me and ease you of further proof.” The prosecution did not produce Lord Cobham. Instead, it called a boat pilot named Dyer, who testified that while in Lisbon a Portuguese gentleman told him, 'Your king James shall never be crowned for Don Cobham and Don Raleigh will cut his throat before he come to be crowned.' D protested this evidence on the ground that, 'This is the saying of some wild Jesuit or beggarly priest; but what proof is it against me?' The prosecutor, Lord Coke, responded, 'It must perforce arise out of some preceding intelligence and shews that your treason had wings.' D was convicted and eventually executed.

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