The indictment was drawn up at Staines on the 21st of September. Three months were allowed to elapse before the trial took place. Meanwhile, Sir Francis Godolphin, High Sheriff of Cornwall, was authorized to take the muster of the county, "the Commission of Lieutenancy granted to Sir Walter Ralegh being become void and determined." In October Arenberg left England for Flanders, overwhelmed with evidence of the King's favour. The plague was raging in London, and accordingly the trial was to be held at Winchester. Sir William Waad was ordered to bring Sir Walter Ralegh to Wolvesey Castle—the episcopal palace of Winchester. Waad wrote to Cecil, "It was hob or nob whether Ralegh should have been brought alive through such multitudes of unruly people as did exclaim against him. We took the best order we could in setting watches through the streets, both in London and the suburbs. If one hare-brain fellow amongst so great multitudes had begun to set upon him—as they were very near to do it—no entreaty or means could have prevailed; the fury and tumult of the people was so great." Ralegh was driven in his own carriage; he faced the mob with disdain.
On the 17th of November the trial began; and the after comment of one of "these my judges" was true: "That trial injured and degraded the justice of England." The Commissioners were eleven in number: Thomas Howard, Earl of Suffolk, who had fought with Ralegh at Cadiz; Charles Blount, Earl of Devonshire; Lord Henry Howard; Robert Cecil, Earl of Salisbury; Edward, Lord Wotton of Morley; Sir William Waad; Sir John Stanhope, Vice-Chamberlain; the Lord Chief Justice of England, Popham; the Lord Chief Justice of the Common Pleas, Anderson; Mr. Justice Gawdie and Mr. Justice Warburton. Coke, as Attorney-General, conducted the prosecution, and was assisted by Serjeant Hale. The Clerk of the Crown Office, having read the commission of Oyer and Terminer, the prisoner was bidden to hold up his hand, and then the indictment was read, the gist of which is as follows:—
That he did conspire and go about to deprive the King of his government, to raise up sedition within the realm, to alter religion, to bring in the Roman superstition, and to procure foreign enemies to invade the kingdom. That the Lord Cobham, the 9th of June last, did meet with the said Sir Walter Ralegh, in Durham House, and then and there had conference with him how to advance Arabella Stuart to the crown and royal throne of this kingdom. And that then and there it was agreed that Cobham should treat with Arenberg, ambassador from the Archduke of Austria, to obtain of him 600,000 crowns to bring to pass their intended treason. It was agreed that Cobham should go to the Archduke Albert to procure him to advance the pretended title of Arabella. From thence, knowing that Albert had not sufficient means to maintain his own army in the Low Countries, Cobham should go to Spain, to procure the king to assist and further her pretended title. It was agreed, the better to effect all this conspiracy, that Arabella should write three letters, one to the Archduke, another to the King of Spain, and a third to the Duke of Savoy, and promise three things—
First.—To establish a firm peace between England and Spain.
Secondly.—To tolerate the popish and Roman superstition.
Thirdly.—To be ruled by them in contracting of her marriage.
And further, that Cobham and his brother Brooke met on the 9th of June last, and Cobham told Brooke all these treasons; to the which treasons Brooke gave his assent and did join himself to all these. And after, on the Thursday following, Cobham and Brooke did speak these words, that there would never be a good world in England till the King (meaning our sovereign lord) and his cubs (meaning the royal issue) were taken away.
COUNT ARENBERGH
And the more to disable and deprive the King of his crown, and to confirm the said Cobham in his intents Ralegh did publish a book falsely written against the most just and royal title of the King, which book Cobham after that received of him, and did deliver unto Brooke. And further by the traitorous instigation of Ralegh, Cobham did incite Brooke to move Arabella to write to the three forenamed princes to procure them to advance her title. Further, Cobham, by the instigation of Ralegh did write letters to the Count Arenberg for the obtaining of the 600,000 crowns, which money by other letters Count Arenberg did promise to perform the payment of. And then did Cobham promise to Ralegh that when he had received the said money he would deliver 8000 crowns to him.
To the indictment Sir Walter Ralegh pleaded NOT GUILTY. Sir Walter Ralegh was then asked whether he would take exception to any of the jury; and he made answer, "I know none of them; they are all Christians and honest gentlemen. I except against none." He did not know that the original jurymen had been changed; he did not know that the names of three near servants to the Queen Elizabeth had been erased from the panel overnight, being thought unsuitable for their purpose.