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A31642 Treason's master-piece, or, A conference held at Whitehall between Oliver, the late usurper, and a committee of the then pretended Parliament who desired him to take upon him the title of King of England ... : wherein many of the leading-men of those times did, by unanswerable arguments, assert and prove monarchy to be the only legal ancient, and necessary form of government in these kingdoms / collected by a faithful hand.; Monarchy asserted to be the best, most ancient and legall form of government Fiennes, Nathaniel, 1607 or 8-1669.; Whitlocke, Bulstrode, 1605-1675 or 6. 1680 (1680) Wing C19; ESTC R14983 78,281 128

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Treason's Master-piece OR A CONFERENCE Held at WHITEHALL BETWEEN OLIVER The late USURPER AND A COMMITTEE OF The then pretended PARLIAMENT Who desired him To take upon him the Title of KING of England c. with an intent to exclude the ROYAR LINE WHEREIN Many of the Leading-men of those times did by unanswerable Arguments assert and prove MONARCHY to be the only legal ancient and necessary form of Government in these Kingdoms Collected by a faithful hand LONDON Printed for Daniel Major at the Hand and Scepter in Fleetstreet near St. Du●stan's-Church 1680. THE PREFACE IT may be said and that very truely That this Island of Great Britain which though so called is but as it were a Span of ground if compared with many Islands in the Universe hath been a greater Stage or Field of Blood for many Centuries of years last past than any other Island or Nation in the world though of far larger Dimensions and capacity of People And what hath been the occasion of those tragical Revolutions which have happened therein especially in the last Age is too easie for any impartial man to judge if he observe the Series of the several Passages from 1641 to 1659. The strange Jealousies of the Government which had crept into the minds of the People and the desire of Change a thing natural to the Vulgar together with the subtile Artifices of the principal Engines of the late Confusions who stimulated the Disloyalty of the People under a specious pretence of Piety and Reformation when indeed nothing but Covetousness and vile Ambition as the chief End and Rebellion as the means to attain to that End lay like the Snake in the Grass did diffuse such a general Infection through the Veins of the whole Kingdom as if nothing but the Swords of the Incendiaries could have been the Instruments to let out that ill Bloud They directed their Points against the credulous People as well as against the King who they said had offended They slaughtered many and many thousands of poor cheated and deluded men as well as embrued their hands in the bloud of their sacred and lawful Soveraign They deceived their ignorant Fellow-subjects as the Turkish Emperours are mentioned in Story to impose upon their common Souldiers who when their Armies were to ford any unpassable River were wont to perswade them that as many of them as would throw themselves in and make a Pile with their Bodies which should fill or dam up that depth should be sure to go to Elysium Thus did these Time-Reformers wade through the Gore of the ignorant People till they had arrived to the desired shore of their Lust and Ambition But no sooner were they gotten into the Seat of Supremacy but they fell out amongst themselves like so many Robbers for a Booty who should have the greatest share in the Spoil and Havock they had made of a Rich and Opulent Kingdom and who should be the Governours to prescribe Laws and Methods of Regiment over the People And at last the stronger Party of them found it was necessary to keep that Power they had by Arbitrary Government viz. force of Arms such a Force as before they dreamt was intended against them And when they saw their illegal form of No-Government was not like to be long-liv'd and found by Experience that the Nation could be no longer supported under nor relieved from the Exorbitancies of their confused Anarchy then they had Wit enough to prove by Arguments that MONARCHY was the onely LEGAL ANCIENT and NECESSARY Form of Government though they had not so much Honesty as to restore that King to his Throne who had Right to rule over them but endeavoured to set up an Usurper From whence may be concluded That it was not Monarchy alone they first struck at but the utter Exclusion of the Royal Line And this Artifice had certainly taken effect had it not been prevented by the under-hand Policies of Lambert and some others of the then Ring-leaders for though Cromwel made a seeming Denyal yet it might have been fatal to have trusted him too far And now Reader having said this I think I need not make any Apology for the publishing the ensuing Collection at such a time as this is a time which looks so black and dismal which seems to be as it were the Ghost or representation in Effigie of 1641 a Time wherein the Government is threatned by two vast Extreams and seems to stand inter Scyllam Charybdim And I could heartily wish that a due Consideration of what is herein contained may serve to the converting the mindes of several persons who I fear are almost ready to revive the Good Old Cause and act over the old Tragedy again And seeing Regal Government is the great Basis on which the Welfare of this Kingdom stands I wish that all English men would be so far from thinking of the alteration of this admirable Constitution as to bless Almighty God that we have a King already such a King whose transcendent Clemency towards us hath far exceeded our deserts such a King to whom next under God we owe our Laws Religion Wealth Liberty and Property and who graciously condescended to pass An Act of Oblivion upon his Restauration Therefore pray for an Establishment of the present Government to the end of days as prayeth A hearty lover of his King and Country C. C. Thursday the Ninth of April 1657. ORdered by the Parliament that a Committee be appointed to wait upon his Highness the Lord Protector in reference to what his Highness did yesterday propose in his Speech now reported to the House Resolved That this Committee have power to receive from his Highness his doubts and scruples touching any of the particulars contained in the humble Petition and Advice formerly presented and in answer thereunto to offer to his Highness reasons for his satisfaction and for the maintainance of the Resolutions of this House and such particulars as they cannot satisfie his Highness in that they report the same to the Parliament The Names of the Committee Lord Whitlock Lord Broghill Master of the Rolls Lord Commissioner Lisle Mr. Waller Lord Chief Justice Sir Charles Woolseley Gen. Montague Col. Jepson Sir Thomas Jones Sir William Strickland Col. Thistlethwait Lord Commissioner Fines Sir Richard Onslow Sir Rich. Lucy Mr. Secretary Atturney of the Dutchy Atturney General Mr. Godfrey Lord Howard Col. Jones Col. Carter Col. Whitgrave Col. Brooks Mr. Lee. Mr. Jenkinson Mr. Bampfield Mr. Drake Col. Ingoldsby Mr. Pitts Mr. Pickering Lord Cockram Mr. Grove Mr. Lloyd Mr. Nath. Bacon Mr. Ingoldsby Lord Provost of Edenb Mr. Bedfor Col. Ireland Col. Hacker Major Wagstaffe Mr. Franc. Bacon Mr. Downing Mr. Price Maj. Gen. Whaley Sir John Reynolds Mr. Steward Sir Christ Pack Mr. Lawrence Alderm Foot Capt. Lilburne Sir William Roberts Mr. Trevor Mr. Baron Parker Mr. Tigh Sir John Hobart Mr. Hamden Mr. Cromwell Mr. Throgmortou Mr. Fleetwood Mr. Philips Maj. Gen. Goffe Mr. Fowell
do it which is evident by their inserting it amongst these three things which they esteem fundamental as to the settlement yea they have placed at the head of all those fundamentals and laid so great stresses on it that in their humble Petition and advice they declare that if it be not accepted of the whole shall be esteemed null and void so that the highest necessity imposed by a Parliament will have the best acceptance your Highness was pleased to mention that we had recent experiments what the supreme Magistracy of the Nation might be well carried into all effects and purposes under another Name and Title than that of King viz. under the name of Keepers of the liberty of England and under the name of Protector but I shall humbly beseech your Highness to consider that because that was not grounded upon the old known Laws it was of very short duration and the second for the same reason the Parliament is now petitioning and advising your Highness to alter so what is brought as are arguments to prove what your Highness mentions possibly may rather evince the contrary besides Sir it is confession on all hands that these two changes sprung from necessity therefore were not neither ought to be of longer continuance than that necessity which caused them and this is the great and real difference between constitutions that are established meerly because necessary and those that are established meerly because good for what is only of necessity is but temporary as no effect lasts longer than it's cause but what is good in it's own nature is always good and if by intervening accidents it be a while clouded yet at length it shines and overcometh and all wise men do desire to revert unto it To prove that the first of these changes the Keepers of the liberty of England was only an act of necessity and not of choice I need but mind your Highness of what the Masters of the Rolls then spake of the Parliament did even now evert that after the absolution of Kingship the Parliament were necessitated to advise with a Civilian of another Nation what the Hollander had done what they did they were at a loss what to do the providence of God hath so altered the temper of officers between that time and this present that the change appeared best because necessary but the Parliament esteems the change now desired necessary because best nor can we possibly better express our thankfulness for the opportunity which now God hath put into our hands than to employment to make the best and lastingest settlement all things are best which are found best upon tryal but all the changes we have been under of late were upon belief not experiment and having had an essay of all the Parliament have sound that above all Kingship is the best so that by the best judges and by the best way of judging that form of Government now presented to your Highness hath the preceeding in the peoples opinion and therefore is hoped you will have it in yours It may possibly be fit for your Highness observation that the best breach which happened amongst those worthy persons which instrumentally carried on our Common cause arise from the taking away the Title and Office of King so often declared for and engaged to be maintained by the Parliament till then we went hand in hand and took sweet council together and if the abolishing thereof caused so sad a breach probably the restoration of it may make it up again Your Highness was pleased to say you assumed the Office you now bear with no better hope than to prevent mischief questionless we may expect better fruits from the supreme Magistracy and if your Highness who is every way so worthy of that office had no better hopes under the Title Protector we may justly subscribe it not unto your self but unto the constitution of Government you acted under and therefore your Highness do assume the Supreme Magistracy according to the Laws we shall both hope and believe that you will not only prevent ill but do much good the best Governour being grasted upon the best Government Your Highness expressed some doubts that the providence of God hath blasted the Kings office in the dust and that by an act of Parliament was laid aside but I humbly hope your Highness will pardon me if I cannot have the like apprehension I cannot believe if that office were blasted by the hand of God that the Parliament would advise and Petition you to take it up Besides Sir the very act which first cast out the Kingly Office did also cast out the Supreme Magistracy in any single person yea by way of election or otherwise therefore I begg your pardon if I cannot think that act of Parliament can be interpreted as a providential blasting of that office which your Highness thought necessary to accept of and by virtue of which we have for some years past enjoyed quiet and protection So that if Kingship be blasted then Supreme Magistracy in a single person is as much being both equally declared against at the same time and in the same Act of Parliament and that since your Highness by your actings● have evinced you did not believe the Supreme Magistracy in a single person was blasted by providence you will permit us to believe that Kingship is no more blasted than that the same authority and the same act having blemished as far as it could both alike but your Highness is pleased to say Kingship is cast out de facto If the weight of the argument do rest thereon your Highness by accepting the Petition and Advice of the Parliament will make your argument as strong for Kingship as ever it was against it and 't is hoped your Highness will not doubt that what one Supreme authority did suppress another may erect that seemed necessary then in the judgment of them only then they knew not what to do when they had erected Kings and we shall be in the like perplexity if now you accept not of this What the long Parliament did after so long a War must be considered rather as result of providence than the casting out the other The Estate of Parliament must be considered under that notion also and yet I think there is few that esteem it not as fit to refer it again under due qualifications as then 't was esteemed fit not to allow of it under any if also your Highness arguments were carried on as farr as it might be I apprehend it might also bring it in question that the Parliaments were blasted by providence for whoever allows not the dissolving of the long Parliament to be under that notion will hardly find a good reason for its dissolution but it may be answered that it may not cast down in reference to some that acted in it who were suspected to have a design of perpetuating themselves in that authority which would have turned what should have been
and respect to the Parliament whose sence in this I may presume to speak that never any persons met their Supream Magistrate with more love duty and honour than the Parliament have met your Highness with in their present and addresses which argument of Love deserves the esteem and force which I doubt not but your Highness will put upon it I am fearful to be too tedious at any time especially at so late an hour and therefore shall speak but short to some things which I remember not to have been mentioned Your Highness was pleased at the last meeting to say that the original Institution of the Title King was by common consent and that the same common consent might institute any other Title and make it as effectual as that of King this must be acknowledged but withal you may be pleased to observe that the Title of King is not only by an original common consent but that consent also proved and confirmed and the Law fitted thereunto and that fitted to the Laws by the experience and industry of many ages and many hundreds of years together whereas any other Title will be only by present common consent without that experience and approbation for that experience which your Highness mentioned to have been of other Titles and the due administration of Justice under them this experience is far short of the other and for the course of Justice we have cause to thank that care which plac'd so Good Judges and Officers over us yet give me leave to say that in private causes between Party and Party and in publick matters in nominal causes it was not easy to find justice to be done by some Jurors and many questions have risen upon the occsion of those new Titles concerning that tender point of good mens satisfaction I think it requires a very great regard from us and I doubt not but those good people will be fully satisfied if they consider the covenants promises and precepts which in the Scriptures are annext to the name of King and although some have alledged that they belong to any chief Magistrate as well as to King yet no man did ever read the Original word translated otherwise than King neither do I find the present Title once mentioned in the holy Text if the present authority be a lawsul authority which I hope none of us will deny surely those good men who are so well principled in godliness will not forget that precept of submission to authority and to be satisfied with that which lawful authority shall ordain Their Rights and Liberties are the same with ours and the Parliament cannot advise any thing for the preservation of the peoples Rights but these good men are included which I hope will be no disatisfaction to them in all the changes which we have seen there hath been a dissatisfaction to some yet still the blessing of God hath gone along through all these changes with those who carried on his interest and the cause being the same the same mercies have been continued and I doubt not but if the intended change or rather restitution be made as I hope it will I doubt not but the same God will continue his blessings to that good old cause wherein we are engaged and that good men receive satisfaction by it Your Highness hath been told that the Title of King is upon the foundation of Law and that a new Title must have a constitution to make the Laws relate unto it and that unto the Laws I shall only add this that a Title by relation is not so certain and safe as a Title upon the old foundation of the Law and that a Title upon a present single constitution as any new Title must be cannot be so firm as a Title both upon the present constitution and upon the old foundation of the Law likewise which the Title of King will be if any inconvenience should ensue upon your acceptance of this Title which the Parliament adviseth your Highness satisfaction will be that they did advise it On the contrary part if inconvenience should arise upon your Highness refusal of this Title which the Parliament hath advised your burden will be the greater And therefore whatsoever may fall out will be better answered by your Highness complying with your Parliament than otherwise This question is not altogether new some instances have been given of the like to which I shall add two or three the Titles of the Kings of England in the Realm of Ireland was Lord of Ireland And the Parliament in the 33. year of Hen. 8. reciting that inconveniences did arise there by reason of that Title did enact that Hen. 8. should assume the Stile and Title of King of Ireland which in the Judgement of this Parliament was preferred before the other In the State of Rome new Titles proved fatal to their liberties Their case was not much unlike ours they were wearied with a civil War and coming to a settlement Cuncta discordiis civilibus fessa nomine principis sub imperium accepit some would not admit the Title Rex to be used but were contented to give the Titles of Caesar perpetuus Dictator Princeps Senator Imperator Non sum Rex sed Caesar came at last to this Voluntas Caesaris pro lege habeatur the Northern people wers more happy amongst themselves a private Gentleman of a noble family took up arms with his Countrey-men against a Tyrant and by the blessing of God rescued their native liberties and rights of their Country from the oppression of that Tyrant This Gentleman had the Title of Marshall given unto him which continued for some years Afterwards their Parliament judging it best to resume the old Title elected this Gentleman to be their King and with him was brought in the liberty of Protestant Religion and the establishment of the civil rights of that people which have continued in a prosperous condition ever since unto this day Sir I shall make no other application but in my prayers to God to direct your Highness and the Parliament as I hope he will to do that which will be most for his honour and the good of his people The Lord Protectors Speech April 26. 1657. I Have as well as I could considered the Arguments used by you the other day to inforce the conclusion that refers to the name and Title that was the Subject matter of the debates and conferences that have been between us I shall not now spend your time nor my own much in ●●●●ating those Arguments and in giving answers to them although indeed I think they are but the same that they were formerly only there were some additional inforcements of those arguments by new instances I think truely after the rate of Debate I may spend your time which I know is very precious and unless I were a satisfied person the time would spinne out and be very unprofitable spent so it would I onely must say a word or two
particulars no question I might easily offer something particular for debate if I thought that that would answer the end for truely I know my end and yours is the same that is to bring things to an issue one way or other that we may know where we are that we may attain that general end that is Settlement the end is in us both and I durst contend with any one person in the world that it is not more in his heart than in mine I could go to some particulars to ask a Question or ask a Reason of the Alteration which would well enough let you into the business that it might yet I say it doth not answer me I confess I did not so strictly examine that Order of reference or whether I read it or no I cannot tell you If you will have it that way I shall as well as I can make such an Objection as may occasion some answer to it though perhaps I shall object weak enough I shall very freely submit to you Lord Chief-Justice THe Parliament hath commanded us for that end to give your Highness satisfaction Lord Commissioner Fines MAy it please your Highness Looking upon the Order I finde that we are impowred to offer any Reasons that we think fit either for the satisfaction of your Highness or maintenance of what the Parliament hath given you their advice in and I think we are rather to offer to your Highness the Reasons of the Parliament if your Highness Dissatisfaction be to the Alteration of Government in general or in particular Lord Protector I Am very ready to say I have no Dissatisfaction that it hath pleased the Parliament to finde out a way though it be of alteration to bring these Nations into a good Settlement and perhaps you may have judged the Settlement we were in was not so much for the great End of Government the Liberty and Good of the Nations and the preservation of all those honest Interests that have been engaged in this Cause I say I have no exception to the general that the Parliament hath thought fit to take consideration of a new Settlement or Government but you having done it as you have and made me so far interested in as to make such an Overture to me I shall be very glad if you so please to let me know it that besides the pleasure of the Parliament may be somewhat of the Reason of the Parliament for interesting me in this thing and for making the alteration such as it is Truly I think I shall as to the other particulars swallow this I shall be very ready to assign particular Objections to clear that to you that may be either better to clear or to help me at least to a clearer understanding of the things for better good for that I know is in your hearts as well as mine Though I cannot presume that I have any thing to offer to you that may convince you But if you will take in good part I shall offer somewhat to every particular If you please as to the first of the thing I am clear as to the ground of the thing being so put to me as it hath been put I think that some of the grounds upon which it is done will very well lead into such Objections or Doubts as I may offer and will be a very great help to me in it and if you will have me offer this or that or the other doubt that may arise methodically I shall do it Lord Whitlock I Am very much assured that all this company is come with the same Affection and faithful Respect to the Publick Settlement as your Highness hath pleased to express For my part I do with a great deal of Clearness and Faithfulness and in my particular apprehension I conceive that the Method that your Highness mentioned to proceed in we may answer and if any Gentleman be of another opinion he will be pleased to correct me in it The Parliament taking consideration of the present Government and the Instrument that doth establish it seemeth to my apprehension to be of opinion that it was very fit there should be some course taken for a Settlement in the Government of the Nation by the Supream Legislative Power your Highness and the Parliament concurring together in it they found the Instrument of Government in the Original and Foundation of it to require this Settlement by the Supream Legislative Power in regard of the Original of the other which they did as I apprehended by some Gentlemens Debates upon it might be an occasion of some doubts and of less stability if it were left to continue upon the same foundation it is That it will not be so clear a Settlement and Foundation for the Preservation of the Rights and Liberties of the Nation as if we came to a Settlement by the Supreme Legislative Power upon that ground it was taken into Consideration and a Settlement brought to effect upon very solemn full and candid Debates among themselves in Parliament Their Intentions I suppose were only these To provide for the Safety and Peace of the Nations hereafter to provide for the Rights and Liberties both Spiritual and Civil of the People of these Nations and in order to make the best provision they could for these great Concernments of the People the Petition and Advice which they have humbly presented to your Highness was brought to a determination by them For that particular which your Highness did formerly intimate when the Parliament did attend upon you the Committee of the Parliament and which you are now pleased to intimate concerning the Title I do humbly apprehend the grounds of that to be these The foundation of that Title of Protector being not known by the Law being a new Title it was thought that the Title which is known by the Law of England for many Ages many hundred of years together received and the Law fitted to it and that to the Law that it might be of more certainty and clear Establishment and more conformable to the Laws of the Nation that that Title should be that of King rather than that other of Protector There is very much as to the essence of the business as some Gentlemen did apprehend That the Title should be a known Title that hath been in all these Times and Ages received and every particular person hath occasion of knowing of it and of his Rights applied to it And likewise of the general Rights of the People and their Liberties have an application to that Name which application cannot be so clear and so certain to a new Title the Title of Protector Some Gentlemen I heard reason it that the Title of Protector is only upon the Original and Foundation as it now stands but the Title of King besides the Constitutions by which it shall be made will likewise have a Foundation upon the old and known Laws of the Nation So that there will be both the present
settlement and therefore I hope we are all so far at a good point and the Spirit of the Nation I hope in the generality of it is so far at a good point we are all contending for a settlement that 's sure but the question is de modo and of those things that will make it a good one if it were possible that 's no fault to aim at perfection in settlement truely I have said and I say it again that I think that that tends to the making of the Nation to injoy the things we have declared for and I would come upon that issue with all men or any man the things we have declared that have been the ground of our quarrelling and fighting all along is that will accomplish the general work settlemeet is the general work now that which will give the Nation to enjoy their civil and Religious Liberties that will conserve the Liberty of every man and not to rob any man of what is ●ustly his I th●nk those two things make up settlement I am sure they acquit us before God and man who have endeavoured as we have done through some streamings of bloud to attain that end if I may tell you my experience in this business and offend no good man that loves the publick before that which is personall truly I shall a little shortly recapitulate to you what my observations and endeavours and interest hath been to this end and I hope no man that hath been interrested in trasactions all along will blame me if I speak a little plainly and he shall have no cause to blame me because I will take my self into the number of culpable persons if there be any such though perhaps apt enough out of the self love I have to be willing to be innocent where I am so and yet to be as willing to take my reproach if any body will lay it upon me where I am culpable and truely I have through the providence of God endeavoured to discharge a poor duty having had as I conceive a clear call to the station I have acted in all these affairs and I believe very many are sufficiently satisfied in that I shall not go about to say any thing to clear it to you but must exercise my self in a little short Chronology to come to that I say is really all our business at this time and the business of this Nation to come upon clear grounds and to consider the providence of God how they have led us hither unto After it pleased God to put an end to the War of this Nation a final end which was done at Worster in the determination and decession that was there by the hand of God for other War we have had none that perhaps deserves the name of War since that time which is now six years in September I came up to the Parliament that then was and truely I found the Parliament as I thought very disposed to put a good issue to all those transactions that had been in the Nation and I rejoyced at it and thought I had not been well skilled in Parliamentary affairs h●ving been near ten year in the field yet in my poor measure my desires did tend to some issue believing verily that all the Blood that had been shed and all that distemper that God had suffered to be amongst us and in some sence God hath raised amongst us that surely fighting was not the end but the means that had an end and was in order to somewhat truly it was then I thought settlement that is that men might come to some consistencies and to that end I did endeavour to add my mite which was no more then the interests of any one Member that was there after I was r●turned again to that capacity and I did I shall tell you no fable but the things that divers persons here can tell whether I say true or no I did endeavour it I would make the best interpretation of this but yet this is truth and nothing of discovery on my part but that which every body knows to be true that the Parliament having done these memorable things that they had done things of honour and things of necessity things that if at this day you have any judgment that there lyeth a possibilitie upon you to do any good to bring this Nation to any foot of settlement I may say you are all along beholden to them in a good measure but yet truly as men that contend for publick interest are not like to have the applause of all men nor justification from all hands so it was with them and truly when they had made preparation that might lead to the issuing in some good for the settlement of these Nations in points of libertie and freedom from Tyranny and oppression from the hazard of our Religion to throw it away upon me that designed by innovations to introduce Poperie and by complying with some Nations introduce arbitrariness upon a civil account why they had more enemies then friends they had so all along and this made them careful out of Principals of nature that do sometimes suggest best and upon the most undeniable grounds they did think that it was not fit for them presently to goe and throw themselves and all this cause into hands that perhaps had no heart nor principle with them to accomplish the end that they aimed at I say perhaps through infirmity they did desire to have continued themselves and to have perpetuated themselves upon that Act which was perhaps just enough obtained and necessarily enough obtained when they did get it from the King though truly it was good in the first obtaining of it yet it was by most men who had ventured their lives in this cause judged not fit to be perpetuated but rather a thing that was to have an end when it had finished it's course which was certainly the true way of it in the subserviency to the bringing in that which might be a good and honest settlement to the Nation I must say to you that I found them very willing to perpetuate themselves and truly this is not a thing of reflection upon all for perhaps some were not so I can say so of some of them the sober men that I had converse with they would not have but the major part I think did over rule in that they would have continued this is true that I say to you I was intreated to it and advised to it and was by this medium to have accomplisht it that is to have sent into the Countrey to have reinforced their number and by new elections to have filled them up and this excuse it had it would not be against the libertie of the people nor against the succession of men to come into Rule and Government because as men dyed out of the house so they should be supplyed and this was the best answer could be given to that objection that was then made that the best