The Case of Major Edmond Rolph, truly Stated.  
HAving, to the utmost of my understanding and ability, with all faithfulness, served the Parliament and Kingdom, ever since the beginning of the late unhappy differences, under the Command of the ever to be honoured Lieutenant General Cromwell, and of late under the Governor of the Isle of Wight, but being there (in the discharge of my duty, and by the wickedness of perfidious men) rendered a faithless man in my duty and trust, and made not only subject to the cruelty of merciless men, but the object of many men's hate and malice, to whom the cause thereof was not known; and whose passionate affection, or too easy credulity to the lying and false suggestion against me, would not give them leave to examine: And lest the extremities I have since suffered should beget in them an absolute conclusion that they have been deservedly inflicted upon me, and that I may not be judged before the time, I thought myself bound, for their information to publish an unfeigned and impartial Relation of the root, growth, and fruits of the continual occurrences which have happened to me by means of some illdisposed persons, which is as followeth;  
Master Osbourn being Gentleman-usher to the King, and Master Dowcet Clerk of the Kitchen, with others, had entered into a conspiracy to betray the person of the King out of the protection of the Parliament, and to that end had corrupted several Soldiers; which was discovered to me on the 28. of May, 1648. which I immediately told to the Governor: the night following, the time when the said design should have been executed: (In order to which Osbourn was gone out of the castle to provide Horses for to convey the King from the place of his residence, by the Authority of Parliament; And receiving the Alarm of the discovery (being near the Castlewall waiting for the Kings coming down) immediately fled and hid himself in some secret corner for the space of 30 days after, (only Dowcet was taken prisoner that night in the Castle, and Floyd, one of the Soldiers who upon examination confessed the truth of every particular touching the said design before discovered by three other soldiers that were engaged also but never mentioned the least word that ever Osbourn or Dowcet had so much as pretended that the King's person was in danger but some days after that the discovery was made, the said Osbourn sent a Letter to the Lord Wharton, wherein he did charge me with speaking words to this effect; viz. That I should say, That to my knowledge the Governor had received Letters from the Army, intimating that they desired the King might be removed out of the way by poison or otherwise, etc. which Letter the Lord Wharton sent unto Col. Hammond the Governor of the Isle of Wight.  
The Governor having examined Dowcet and several other soldiers that were parties in the design, (Dowcet having affirmed in the presence of many (as will be proved) that he knew of no such design, though the very rope by which the King was to go down was found in his Chamber) sent them to London, where being brought by a guard, and by the way hearing of Osbourns Pamphlet and the Charge contained therein, professed openly that he was confident that there was no such thing as that the King's life was in danger, neither did he know any thing concerning me, and that he did believe Osbourn would never appear to make good his Charge, or if he did appear, yet he would never be so wicked as to forswear himself.  
But Osbourn appearing (having first capitulated with the Houses for a protection from the Laws for his traitorous practices as aforesaid) the said Dowcet clean contrary to his former averments, gave under his hand a paper, wherein he declared that Osbourn had told him, That the King's life was in danger, etc. And that when he was in prison, I had in a jeering manner asked him why the King came not down according to appointment, and that I should say that I stood under the new platform with a pistol in my hand to receive him; although it will be easily proved that I was all that while in my Chamber, until the very time the Governor gave me order to apprehend the said Dowcet. Osbourns Letter coming to the Isle of Wight on Wednesday 21 of june, I immediately that night, though I had been sick a week before by reason of an impostumation in my lower parts, took my journey toward London, and came to the House of Commons on Friday 23. 1648. where at the open Bar I declared what I knew in every particular: from which time I attended upon the House of Lords until Tuesday after, when (by reason of that bodily distemper then upon me, increased by my journey) I was necessitated to keep my Chamber, & forbear any further attendance, only leaving Notes of the place of my abode with several persons attending the Houses, in case I should be enquired for, as was affirmed by the Speaker of the honourable House of Commons.  
Upon Tuesday june 27. the Lords upon these false informations made an Order for my Attachment and Commitment to the Gatehouse, Westminster; not so much as ever calling me before themselves, or sending me before any legal Magistrate as by Law they ought.  
The day following, being the Fast day, (though I had received information of their proceed,) yet I could not receive satisfaction concerning the truth thereof, the House not sitting till Thursday, being the 29. of june. 1648. On which day I sent to know the truth thereof: the said warrant being not yet executed upon me, (as I conceive on purpose to give me time to run away) hoping that I might prove so cowardly as not to stand to it, having such great men as the Lords to deal withal, and such a heinous crime as treason laid to my charge: But contrary to their expectation on Friday being june 30. I sent a Letter to the Lords certifying unto them my condition and place of abode, (which I am confident they knew well enough, though they would take no notice thereof;) and my two Chirurgeons also, to the end they might attest (as they afterward did) that it was indeed a bodily distemper which occasioned my non-attendance, and nothing else. Yet notwithstanding this clear evidence of my integrity the Lords persisted; and their Officers in the execution of their first and second Warrant, exercised such cruelty as hath not been manifested to the Kingdoms greatest enemies: neither taking notice of the weakness of my condition, (attested by my Chirurgeons) being not able to turn myself in my bed; nor the invalidity of the Charge brought against me by criminal persons, there being no crime in Law laid to my charge, nor one legal accuser, insomuch that my life was by my unseasonable removal not only by my sickness, but also by the violence of an inconsiderate multitude, to whose rage I was exposed, and from whose fury I was with great difficulty by providence preserved.  
Being thus cruelly hurried to the Gatehouse, I was as tyrannically used there, having a sentence of close imprisonment passed upon me, by reason of which my Wife, Friends, and Surgeons was kept from me, to the hazard of my utter ruin; where, (had not the Honourable House of Commons timely interposed) I had certainly perished.  
Two months I have remained a prisoner without either legal Warrant, legal crime, or legal accuser: And now in order to the further prosecution of their design, (not only to ruin me, but also to blast the repute of the Army and all other well-affected persons) they have framed an Indictment upon the said scandalous informations, and have ordered the same to be transmitted to the next Assizes held for the County of Southampton.  
Now to the end that you may not be left unsatisfied touching the absolute illegality of my imprisonment and the invalidity of the Charge, I shall offer unto your view these following Considerations, grounded upon the Laws and Customs of this Realm:  
1. If a suggestion be made to the King or his Council of any crime committed, the party ought to be sent with his suggestion to the Lord Chancellor or to the justices of the one Bench or the other, there to find sureties to prosecute his suggestion, as appears in the Statute of the 38 of Edward the third, chap. 9 And forasmuch as by the great Charter, the Petition of right, etc. It is enacted That no Freeman shall be taken or imprisoned, or be diseised of his freehold or liberties etc. or be any other way destroyed etc. but by the lawful judgement of his Peers, or by the Law of the Land, viz. by Indictment or Presentment before justices, or matter of Record, or Writ original, according to the old Law of the Land.  
Sir Ed. Cook in his Exposition on the 29 chapter of Magna Charta, tells us, That by the Law of the Land a man can be taken and imprisoned before Prosentment or Indictment but two ways; first, either by the King's Writ: or secondly, by due proceeding and Warrant, either in deed or in Law, without Writ; which Writ must proceed from some Court of Record: and the Warrant from some lawful judge or justice of the Peace, or else it cannot be legal. And if this be the Law of the Land, as cannot be denied, then sure I am that there hath not been one legal step in all the proceed against me: For first my Accusers were never sent to any legal judge or justice to be examined or constrained to put in security as by Law is directed, neither was there ever any legal Writ from any Court of Record or legal Warrant from any lawful judge or justice, issued out for my Attachment or Imprisonment, neither was I to this day (though I have been a Prisoner two months) ever so much as sent for, or examined, or had any particular crime laid to my charge, being only committed for high Treason, during pleasure, contrary to all Law, and particularly contrary to the Declarations of Parliament, who have declared it to be against the rules of justice for any man to be imprisoned upon a general Charge, when no particulars are proved against him: Generals being no Crimes in Law.  
Besides I stand committed during their pleasure, when by Law, all commitments ought to be in order to a trial at Law: But leaving this, I shall proceed to examine the matters laid to my charge, viz. That I should say, that to my knowledge the Governor had received Letters, intimating that the Army desired the King should be removed out of the way, by Poison or otherwise, etc. To this Master Osbourn offereth to depose: and Master Dowcet saith, that I did in a jeering manner ask him why the King came not down according to appointment; and that I should likewise say, That I stood under the new Platform, with a Pistol ready to receive him: And this the Lords contrary to Law have adjudged Treason, although it be enacted in the Stattute of the 25. of Ed. 3. that in no time to come any thing be adjudged Treason, but what is literally contained in the said Statute: Now all offences which are contained in that Statute, may be divided into six heads.  
The first concerning death, which is either the compass or imagining the death of the King, Queen or Prince, and declaring it by some overt deed, or a kill or murdering some Officer of Justice in their places doing their offices, as the Chancellor, Treasurer, Justices of the one Bench or the other, Justices in Oyer, etc.  
The second kind of Treason is the carnal knowing of the Queen, the King's eldest Daughter, or Prince's wife.  
The third is levying War against the King.  
The fourth is adhering to the King's Enemies, within or without the Realm, and declaring it by some overt act.  
The fifth is the counterfeiting the great Seal, the privy Seal, or Kings Coyn.  
The sixth is bringing in counterfeit money to the likeness of the King's Coin: now without an offence be under one of these heads it is no High Treason: And certain I am there is none of these crimes laid to my charge, neither is there any proof offered of any such thing against me.  
For first, Osbourne doth not charge me with any design to poison the King, but that I should report that the Governor had Letters intimating that the Army desired it: So that herein (if what he had pretended were true, as it is false and scandalous,) I did neither compass nor imagine the death of the King, as having done no overt deed tending to that end; and therefore cannot in the least be adjudged guilty of Treason by virtue of any Law of the Kingdom, and where there is no Law, there is no transgression.  
2. If what M. Osbourne did give in charge were Treason, yet M. Osbournes single Testimony were no sufficient evidence whereby I can be concluded guilty: Since by Law there must be two lawful witnesses sworn to prove each particular, as appears by the 5. and 6. of Ed. 6. Chap. 11. The words of the Statute are these: No person or persons after the first day of June next coming, shall be Indicted, arraigned, condemned, convicted, or attainted for any of the Treasons, or Offences aforesaid, or for any other Treasons that now be, or hereafter shall be perpetrated, committed or done, unless the same offender, or offenders be thereof accused by two lawful accusers face to face, etc. Now it is clearly evident, that there is not one lawful accuser that appears against me; for if those things which they lay to my charge were Treason, and I really guilty; yet they knowing thereof, and concealing the same for some months hath made them equally guilty: It being Treason by the Law for a person or persons to conceal a Treason, as appears in the Statute of the 1. of Ed. 6. Chap. 12. and 5. & 6. of Ed. 6. Chap. 11. So that they being persons concluded under the same guilt, cannot in the least be taken as legal witnesses; for if that were allowable no man could be secure; for if the single evidence of a guilty person should be valid in Law to conclude innocent men guilty; what man might not a malicious desperate villain destroy by an envious accusation? therefore the Law requires legal accusers as providing against this evil.  
And for what M. Dowcet seems to affirm, is of the same nature with that of M. Osbournes, namely, of words spoken, and not of deeds done, and comes not in the least under the guilt of Treason, if it were true, but it will be sufficiently proved that there is no truth in it.  
The Premises considered, and Circumstances duly weighed; I hope all men will cease to judge before the time, especially those who shall be called judicially to consider of the premises, as knowing that it is against the Law of God, Nature or Nations, yea Conscience itself, for any man to pass a Censure, Sentence or Judgement without good and clear grounds for the same, especially when by such an unconsiderate act, the life of the innocent may be destroyed.  
Gatehouse, August 23. 1648. Edmond Rolph.