On September 21 Ralegh had been indicted at Staines for having, with Cobham and Brooke, compassed in the Parish of St. Martin in the Fields to deprive the King of his crown, to alter the true religion, and to levy war. The indictment alleged that Cobham had discoursed with him on the means of raising Arabella Stuart to the crown; that Cobham had treated with Arenberg for 600,000 crowns from the King of Spain, and had meant to go to Spain in quest of support for Arabella. It alleged that Ralegh and Cobham had agreed Arabella should by letter promise the Archduke of Austria, the King of Spain, and the Duke of Savoy, to maintain a firm truce with Spain, to tolerate Papistry, and be guided by the three princes in her marriage. It alleged the publication and delivery by Ralegh to Cobham of a book traitorously devised against the King's title to the crown. Finally, it alleged that Cobham had agreed, when he should have received the money from Arenberg, to deliver eight or ten thousand crowns to Ralegh to enable him the better to effect the intended treasons. Jurors were summoned in September for the trial of this indictment. But for some reason the hearing was deferred till November.
The plague raging in London and the neighbourhood may account for the delay. Pym relates in his _Diary_ that it killed 2000 a week. The Tower was reported in September, 1603, to be infected. The King's Bench kept the next term at Winchester. So to Winchester their respective custodians conveyed Brooke, Sir Griffin Markham, Sir Edward Parham, who finally was acquitted, Brooksby, Copley, Watson, Clarke, Cobham, and Grey. They were escorted by under-wardens of the Tower, the Keeper of the Westminster Gate-house, and fifty light horse. Ralegh set out on November 10 in his own coach, under the charge of Sir Robert Mansel and Sir William Waad. Waad wrote to Cecil that he found his prisoner much altered. At Wimbledon a group of friends and relatives had assembled to greet him as he passed. Generally he encountered none but looks of hatred. Precautions had to be taken to steal the planter of Virginia, the hero of Cadiz, the wit and poet, the splendid gentleman, the lavish patron, from the curs of London, without outrage, or murder. It was 'hob or nob,' writes Waad to Cecil, whether or not Ralegh 'should have been brought alive through such multitudes of unruly people as did exclaim against him.' He adds, that it would hardly have been believed the plague was hot in London in presence of such a mob. Watches had to be set through all the streets, both in London and the suburbs. 'If one hare-brain fellow amongst so great a multitude had begun to set upon him, as they were near to do it, no entreaty or means could have prevailed; the fury and tumult of the people was so great.' Tobacco-pipes, stones, and mud were, wrote Cecil's secretary, Mr. Michael Hickes, to Lord Shrewsbury, thrown by the rabble, both in London and in other towns on the road. Ralegh is stated to have scorned these proofs of the aversion of base and rascal people. Mr. Macvey Napier, in his thoughtful essay, attributes to him 'a total want of sympathy with, if not a dislike of, the lower orders.' His disgust, perhaps, was rather evoked by the want of discrimination in all masses. He was habitually good to his dependents, and was beloved by them. A multitude, whatever the rank of its constituents, he regarded as 'dogs who always bark at those they know not.' He had never flattered a mob. He did not now cower before it. To manifestations of popular odium his nature rose, as to every peremptory call upon his powers. He foresaw that posterity would understand him, and would right him.