question; I desire the jury will take notice of the question, and that I am denied an answer.
Mr. Attorney General. The next thing charged upon him, is a paper intitled, "Salva Libertate;" I sent to him to come to me about it, but he refused coming with the Lieutenant of the Tower, unless I directed my warrant to bring him.
Lieutenant of the Tower. I sent Mr. Lilburne word, I had orders to carry him to Mr. Attorney's chamber; he came to me and desired a sight of the warrant; and having told him I had none, he answered, I shall not obey a verbal warrant, nor will I go, unless you force me." When I had a warrant, he desired to read it, and to take a copy of it, which he did: about three hours after, he came again to me, and said, "pray receive this, viz. (The Salva Libertate) for I intend not to own that gentleman's power who sent the warrant;" and said he gave it me to shew to Mr. Attorney; and this is the same he delivered to me, and afterwards went very quietly with me to Mr. Attorney's chamber, which is all I can say.
Lord Keble. Mr. Lilburne, is this your hand-writing? Shew it him.
Lieutenant-Colonel Lilburne. I am too old to be snapt in such gins, or caught with fooleries; I will look on none of your papers; prove it.
Lord Keble. Your writing or not writing is nothing; you delivered the book.
Lieutenant-Colonel Lilburne. Sir, I desire to know in what part of the Tower you received this paper, whether the place was in the liberties of London, or county of Middlesex?
Lieutenant of the Tower. It was at the steps by the narrow passage at my garden-end, it is commonly reputed to be in Middlesex, but I know not certainly.
Mr. Attorney General. I must desire the jury to observe, that though Mr. Lilburne does not acknowledge his hand, he implicitly confesseth it.
Lieutenant-Colonel Lilburne. Sir, I deny nothing, and what you can prove, I have a life to justify, but prove it first.
Mr. Attorney General. The next thing he is charged with, is intitled "An Impeachment of High Treason against Oliver Cromwell, &c." I suppose he will not own it, but may be asked the question.
Lieutenant-Colonel Lilburne. I shall answer none of your questions, make your advantage of it.
Thomas Daffern, Richard Landar Marshal, Major Hawksworth, Governor of Warwick-castle, all sworn.
Daffern deposed, that on the 12th of August last, the prisoner gave him a book at Winchester-house, in Southwark, to carry to Colonel Ayres, who was then removed to Warwick-castle, and that he delivered it accordingly.
Landar deposed that he was present; took it from him, and delivered it to the governor.
Hawksworth deposed that he sealed it up with three or four seals, and sent it to Colonel Purefoy.
