Part 8

ATTORNEY--You were no privy-counsellor, and I hope never shall be.

LORD CECIL--He was not a sworn counsellor of state, but he has been called to consultations.

RALEIGH--I think it a very severe interpretation of the law, to bring me within compass of Treason for this Book, writ so long ago, of which nobody had read any more than the Heads of the Chapters, and which was burnt by G. Brook without my privity; admitting I had delivered the same to my lord Cobham, without allowing or approving, but discommending it, according to Cobham's first Accusation: and put the case, I should come to my lord Cecil, as I have often done, and find a stranger with him, with a packet of Libels, and my lord should let me have one or two of them to peruse: this I hope is no Treason.

ATTORNEY--I observe there was intelligence between you and Cobham in the Tower; for after he said it was against the king's Title, he denied it again.

SIR W. WADE--First my lord Cobham confesseth it, and after he had subscribed it, he revoked it again: to me he always said, that the drift of it was against the king's Title.

RALEIGH--I protest before God, and all his works, I gave him not the Book.

(Note.--Sir Robert Wroth speaketh, or whispereth something secretly.)

ATTORNEY--My lords, I must complain of Sir Robert Wroth; he says this Evidence is not material.

SIR R. WROTH--I never spake the words.

ATTORNEY--Let Mr. Serjeant Philips testify whether he heard him say the word or no.

LORD CECIL--I will give my word for sir R. Wroth.

SIR R. WROTH--I will speak as truly as you, Mr. Attorney, for my God, I never spake it.

LORD CHIEF-JUSTICE--Wherefore should this Book be burnt?

RALEIGH--I burned it not.

SERJEANT PHILIPS--You presented your friend with it when he was discontented. If it had been before the queen's death, it had been a less matter; but you gave it him presently when he came from the king, which was the time of his discontentment.

RALEIGH--Here is a Book supposed to be treasonable; I never read it, commended it, or delivered it, nor urged it.

ATTORNEY--Why, this is cunning.

RALEIGH--Every thing that doth make for me is cunning, and every thing that maketh against me is probable.

ATTORNEY--Lord Cobham saith, that Kemish came to him with a letter torn, and did wish him not to be dismayed, for one witness could not hurt him.

RALEIGH--This poor man hath been close prisoner these 18 weeks; he was offered the rack to make him confess. I never sent any such message by him; I only writ to him, to tell him what I had done with Mr. Attorney; having of his at that time a great pearl and a diamond.

LORD H. HOWARD--No circumstance moveth me more than this. Kemish was never on the rack, the king gave charge that no rigour should be used.

COMMISSIONERS--We protest before God, there was no such matter intended to our knowledge.

RALEIGH--Was not the Keeper of the Rack sent for, and he threatened with it?

SIR W. WADE--When Mr. Solicitor and myself examined Kemish, we told him he deserved the Rack, but did not threaten him with it.

COMMISSIONERS--It was more than we knew.

Cobham's Examination read.

He saith, Kemish brought him a Letter from Raleigh, and that part which was concerning the Lords of the Council was rent out; the Letter contained that he was examined, and cleared himself of all; and that the lord H. Howard said, because he was discontent, he was fit to be in the action. And further, that Kemish said to him from Raleigh that he should be of good comfort, for one witness could not condemn a man for treason.

LORD CECIL--Cobham was asked whether, and when, he heard from you? He said, every day.