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(ADAMSON) The English Noblity and The Projected Sttlement of 1647
(ADAMSON) The English Noblity and The Projected Sttlement of 1647
Author(s): J. S. A. Adamson
Source: The Historical Journal, Vol. 30, No. 3 (Sep., 1987), pp. 567-602
Published by: Cambridge University Press
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1 Westminster P[ublic] L[ibrary], MS F4 (St Martin's Church wardens' accounts for i647),
pp. 2-I I. In St Martin's Westminster the plague epidemic of i647 reached its peak on 26 and 27
July, as indicated by the parish burial register. Mortality from plague in Westminster was in i647
ten times higher than the rate for the summer of i648. See also the church warden's entry for 28
May: 'Paid Clarke for carrying a man that died in dunghill ally of the plague and lay dead
unknown two daies, six shillings and six pence' (MS F4, p. 24).
2 A PerfectSummary of ChiefePassagesin Parliament,no. 2 (26 July-2 Aug. i647), pp. 9-I2
(B[ritish] L[ibrary], E 5i8/I3). Dr Williams's Lib., MS 24.50 (Thomas Juxon's diary), fo.
II3.
3 The petitionand solemne engagement of the citizensof London([3 I July], I 647), B.L., E 5 i 8/ iI.
Bodl[eian] Lib[rary], MS Tanner 58, fo. 4I5.
M. A. Kishlansky, The rise of theNew ModelArmy(Cambridge, I979), pp. 266-8.
This account of the riots is drawn from the depositions of eye-witnesses taken before the
Committee investigating the violence, among the House of Lords Main Papers: H[ouse] [of]
L[ords] R[ecord] O[ffice], M[ain] P[apers] 25/9/47, fo. 23v (examination of Benjamin Spier,
confirmed by Thomas Tassel's deposition, ibid. fo. 24r-v).
6 H.L.R.O., MP 25/9/47, fo. 23v (examination of Spier). (The Main Papers are filed chrono-
logically, and references to them are by date and folio number: hence, 25/9/47 is 25 September
i647-)
I H.L.R.O., MP 25/9/47, fo. 2I (Anthony Henley's deposition).
567
'Traytors, put them out, hang their guts about their necks and many other like
words '8
The sequence of reactions set in train by these riots provided the cir-
cumstances in which a section of the nobility - acting with its allies in the
Commons and army - could use the legislative machinery of parliament to
jettison the terms of settlement established in the Newcastle Propositions, and
to implement its own scheme for settlement, a settlement which commanded
the support of a majority in both Houses, as well as in the army's councils, and
offered terms which the king, for his part, was far more likely to accept. This
article seeks to answer four questions: by whom and when was the settlement
first devised? What were its terms? How was it managed? And why did it
fail ?
Within the besieged Lords' chamber on 26 July, peers' reactions to the
events outside their doors varied from outrage and indignation to open jubi-
lation. Some had been complicit in the management of the disorders; others
were profoundly hostile to the rioters and their aims. ByJuly I647, the Lords
were deeply divided between two principal factions: one was a powerful
group, with close links with the army officer corps, seeking to impose severe
limitations on the king's power, centred upon Viscount Saye and Sele, the
earls of Northumberland, Denbigh and Salisbury, and Lord Wharton - the
group in the Lords that was the object of the rioters' intimidation. Against this
group was arrayed an influential caucus of seven peers, dominated by Lord
Willoughby of Parham, in alliance with Lords Berkeley, Hunsdon and
Robartes, and the earls of Suffolk, Middlesex and Lincoln - hostile to what
was perceived as the political ambitions of the army, and anxious to effect a
restoration of the king on terms which imposed few limitations upon his power.
For these peers the success of the riots was a cause for rejoicing. Willoughby's
friend, the M.P. SirJohn Maynard, one of the principal instigators of the riots,
wrote exultantly to a royalist confidant with a report of the rioters' success.
The Apprentices... made the Speaker vote twice, that the K[ing] should come forth-
with to London. Northumberlands Red Nose looked pale, or Blewe, in earnest he
looked gastly like a dead man. Denbigh swore, and looked like a Diuell with his hellish
Fiery face. Pembroke was all for the Apprentices, and incouraged them. Willoughby
of Parrham is the Glory of England, a Valiant, wise, Bountifull, secret freind and loyal
subject: he is vnvaluable if you knew all.9
8 H.L.R.O., MP 25/9/47, fo. 2ir-v (deposition of William Hulles, servant to the Serjeant-at-
Arms).
9 BeineckeLib., Yale University, Osborn MS Fb I55 (John Browne'sCommonplace Bk), fo. 239:
Sir John Maynard to 'one about the King' [Berkeley?]. The letter is undated, but on internal
evidence was written between 29-3 I July i647. (A xerox copy of this Commonplace Book is held
in the H.L.R.O.) The original letter was intercepted and later used as evidence of Maynard's
complicity in the management of the July disorders.By this means it came into the parliamentary
archive, and was copied by Browne (then Clerk of the Parliaments) into his commonplace book,
probably well after the events described, as Browne's guess at a date - August i648 - is obviously
incorrect. This letter is almost certainly the document referred to by William Purefoy as the
'lett[er] wch was all his owne [Maynard's] hand writinge', which formed the basis of the charge
of treason against Maynard: Purefoy to Sir Peter Wentworth, 9 Sept. i647. Hampshire R.O.,
Jervoise MS, 44 M 69/E 77. It is also mentioned in John Boys's diary for 7 Sept., printed in
D. E. Underdown, 'The parliamentary diary of John Boys, I647-8', Bulletinof the Instituteof
HistoricalResearch,xxxix (I966), I47.
10 For the City's involvement in these events, see Valerie Pearl, 'London's counter-revolution',
in The interregnum: the questfor settlement,ed. G. E. Aylmer (I972), pp. 50-53. Kishlansky, New
Model, p. 267.
11 L[ords] _[ournagl, Ix, 362-4. C[ommons] _[ournagl, V, 259-6i.
12 Sir Edward Forde to [Lord Hopton?], 9 Aug. i647: Bodl. Lib., MS Clarendon 30, fo.
32.
I
The first hints that a new series of proposals was in preparation had reached
London around the first week of July I647, causing grave disquiet among
Denzell Holles's party in the City and parliament.17 Ever since the king had
been seized by Cornet Joyce on 4 June, there had been fears that the political
allies of the army - among whom Saye, Wharton, St John and Vane were
prominent - would take advantage of the king's captivity to conclude a
separate peace favourable to their own political and religious interests. A week
before the riots, on I9 July, Sir Lewis Dyve (whose informants on army politics
included Ashbournham, Lilburne and Ireton's brother-in-law, Sir Edward
Forde) 18 reported to the king the existence of a group in parliament, organized
by Lord Wharton, St John and Vane, that was laying plans for a projected
13 For the dominance of this group within the Committee of Revenue, see CJ, IV, 49I; L], VIII,
I95, 24I- P-R-O., SP 28/269/I, fos. I, I7, I9, 2I, 23, 39, 57; E 407/8/I67-8 (accounts of the
Receiver-Gen. of the Rev.); SP 28/350/IO (Cttee of Rev. acc., stray from the E 407 series). B.L.,
Add. MS I5750 (Misc. letters and warr.), fo. 23. The group's control of the Exchequer is discussed
inJ. S. A. Adamson, 'The peerage in politics, I 645-9' (unpublished Ph.D. dissertation, University
of Cambridge, i986), pp. 33-58. For contemporary criticism of their influence over the parlia-
mentary finances: An eye-salvefor the armie (i647), sig. A2 [2]v (B.L., E 407/I6).
14 Archives du Ministere des Relations Exterieures, Paris, Correspondence politique, Angle-
terre, t. 52, fo. 734.
15 Bodl. Lib., MS Dep. c. i68 (Nalson papers), fo. 35. Wharton does not appear as a signatory
of the peer's Declaration of 4 Aug. against the attempt to coerce parliament during the July riots;
this was because he was already at army headquarters when the riots took place and therefore
could not strictly state that he had been 'forced' to leave the capital.
16 Merc[urius] Morbicus ([20 Sept.] i647), p. 5. A Perfect Diurnall, no. 205 (5-I2 July i647), pp.
I64I-3 (B.L., E 5i8/3)-
17 For Fairfax's attempts to allay these fears see, Fairfax to Manchester, 8 July i647: L], IX,
323-4. Cf. Perfect Occurrences,no. 27 (2-g9July i647), pp. I74-[6] (B.L., E 5i8/2).
18 BedfordshireR.O., MS AD/3342; printed as 'The Tower of London letter-book of Sir Lewis
Dyve', ed. H. G. Tibbutt, Publ. Beds. Hist. Rec. Soc., XXXVIII (I958).
settlement with the king.'9 They were seeking to enlist the support of senior
officers, 'hoping therby to have the favour of the army to back them in their
designes', 'wherin some of the officers of the army, not without just cause, are
suspected to be of the same confederacy '.20 Among Holles's party, the appre-
hension that negotiations were being conducted in secret by this parliamentary
group was heightened by Saye's departure from London on 9 July - later
confirmed by reports that Saye had been involved in the drafting of the terms
of settlement, and had visited the king.2' The managers of this venture - Saye,
Wharton, St John, Vane and William Pierrepont22 - had been the same group
which, under Saye's direction, had sounded out attitudes to a settlement
among disaffected members of the king's privy council at Oxford in 1645.23
This scheme had been discovered by Saye's adversaries, and was decried by
Essex and his Scots allies as a flagrant breach of the ordinances forbidding
communication with the king.24 Saye's and Wharton's new initiative, reported
to be in negotiation in mid-July I 647, involved - according to Dyve - a group
of senior army officers, particularly Oliver Cromwell and Henry Ireton.25 Their
inclusion in the negotiations on the terms of settlement was a two-fold asset
to the success of the venture: they constituted a link with the army - which
would have to be conciliated if the terms of settlement were to be implemented;
and, second, if the proposals could be endorsed by the army and offered to the
king in its name, then its political promoters at Westminster were absolved
from the need to make a direct approach to the king - a course which could
have resulted in impeachment had it become public.
On Saturday 17 July, at the end of a week of consultations between West-
minster and army headquarters at Reading,26 this set of proposals was ready
for presentation to the General Council of the Army.27 There they were
delivered by Commissary-General Henry Ireton, Cromwell's son-in-law, and
a member of the Commons. Although Ireton made it clear, in his speech to the
Council, that he had acted in a secretarial capacity in the 'preparation of
p[ar]ticulars fitt to tender to yor Ex[cellen]cy [Fairfax], and the Army', he
was at pains to distance himself from responsibility for the actual content of the
proposals.28 Far from claiming to be their author, he made it clear that he
19 Dyve to the king, i9 July i647: Dyve, 'Letter-Book' ed. H. G. Tibbutt, p. 68.
20 Ibid. p. 68.
21 After his departure on the gth, Saye did not attend the Lords again until the army restored
the Speakers to both Houses on 6 August: L_, Ix, 32I, 374. Beinecke Lib., Yale, MS Osborn Fb
I55 (Browne's Commonplace Book), fo. 239v. Bodl. Lib., MS Clarendon 30, fo. 24.
22 Pierrepont was named as one of the managers of the projected settlement in Sir John
Maynard's letter to an attendant of the king, [29-3 I July I 647]: BeineckeLib., MS Osborn Fb I 55
fo. 239v. 23 MP June-July I645, fos. igo-263, esp. fo. 22 I.
24 For the background to these scandals and for the Savile affair see P. Crawford, DenzilHolles,
1598/-680: a studyof hispoliticalcareer(London,I979), pp. I X4-20; V. Pearl,'Londonpuritansand
Scotch fifth-columnists: a mid- I7th century phenomenon', in Studies in London historypresented to
Philip_Jones,ed. A. E.J. Hollaender and W. Kellaway (X969), pp. 318 ff.
25 Dyve, 'Letter-Book', ed. H. G. Tibbutt, p. 68. 26 Discussed in detail below pp. 572-5.
27 Selectionsfromthepapersof WilliamClarke,ed. C. H. Firth, 4 vols. (Camden Soc., I89I-I9OI),
I, 2I I, 2I6.
28 Worcester College, Oxford, Clarke MS LXV (General Council of the Army, Minutes), fo.
i o6r (I 7 July I647).
himself had reservations about the wisdom of some of the provisions, and
urged that a sub-committee of the Council might be established to report on
the scheme: 'Nott for a pr[e]sent Conclusion butt [for] Consideration: for I
cannot say the thinges have bin soe consider'd as to satisfie my self in
them. 29
This professed diffidence scarcely coheres with the suggestion that Ireton
was the originator of the proposals; it was the circumspect reaction of one who
had drawn up a draft according to a set brief, and who, though prepared to
present the scheme to the Council, was nevertheless cautious not to be identi-
fied too closely as its advocate. Ireton had a more than passing acquaintance
with the aristocratic sponsors of the projected settlement. It was Lord
Wharton who had launched Ireton's political career in I645, when he had
secured his election to Westminster as burgess for Appleby.30 Writing to Ireton
on 6 May I647, John Musgrave reminded him of the 'good opinion [held] of
the Lord Wharton, and the rather for that he hath brought you... into the
house'.31 And in the two weeks before I 7 July (during which the proposals
were drafted), and in the following two days when they were discussed in the
General Council of the Army,32 Wharton was in daily contact with Ireton, as
the senior of the parliamentary commissioners to the army.33 Although these
commissioners had completed their formal business with the army by the
evening of the i8th,34 Wharton delayed his departure until the afternoon of
the igth, presumably to hear how the proposals fared in the General Council
of the Army.35 As he left the army to return to Westminster, he was presented
with a revised draft of these 'heads of proposals',36 as amended in the
Council - consultations on which were to occupy him at London for the next
two to three days.37
In the weeks before Wharton's return to Westminster on the igth, com-
munication between the politicians at the capital, and Wharton, Cromwell
29 Worcester College, Clarke MS LXV (Army Council, Min.), fo. io6v. Part of the debate in
the Council of War this day is printed in A. S. P. Woodhouse, Pturitanism and liberty(London,
I938), p. 42I, where the MS is incorrectly cited as being Clarke MS LXVII.)
30 David Underdown, 'Party management in the recruiterelections, I 645-48', EnglishHistorical
Review,LXXXIII (I968), 243.
3[ John Musgrave], A fourth wordto the wise ([8 June] I647), p. 2 (B.L., E 39I/9).
32 The proposals delivered by Ireton were referred to a sub-committee of twelve officers and
twelve Agitators on the i8th, with leave for Cromwell to be present when he was able. Clarke
papers,ed. Firth, I, 2II, 2I6.
3 B.L., Add. MS 34253 (Parliamentary commrs' letters to Manchester, June-July I647), fos.
49,5I,54, 57-65,7 I-75. AlthoughtheearlofNottinghamwastechnicallyseinior
in rank,Wharton
was clearly the chief parliamentary negotiator.
34 Sir Thomas Fairfax to Lord Fairfax, i8July I647; B.L., Add. MS I8979 (Fairfax corr.), fo.
247.
3 It seems likely that the first meetings of this body took place on i 6 and I 7 July; I am grateful
to ProfessorAustin Woolrych for allowing me to read part of his study of the General Council
(Soldiersandstatesmen,Oxford, forthcoming), prior to publication.
36 Earl of Nottingham to Manchester, I9 July I647; The proposalsdeliveredto the earl of
Nottingham([2I July] I647), p. 8 (B.L., E 399/I0).
37 Dyve to the king, i9 July I647: Dyve, 'Letter-Book' ed. H. G. Tibbutt, p. 68.
MSS, no. 505). Stane used to lodge with Lord Brooke'sformer tailor and client, John Dillingham
- an address also used by Stane's friend, Cromwell.John Weaver to Stane, 20. Aug. I644; P.R.O.,
SP I6/539/22 I. A. N. B. Cotton, 'John Dillingham journalist of the middle group', English
HistoricalReview,xciii (I978), 820, 832.
Saye's patronage in the Court of Wards for the grant of the Yorkshire lands
of Sir William Savile.45 His fellow interested parties were Henry Darley, a
colleague of Saye's from the Committee for Advance of Money who was also
a co-grantee of wardships with Saye's son, Nathaniel Fiennes ;46Saye's friend,
John Goodwyn, the chairman of the Committee for Petitions;47 and Lord
Wharton, upon whom Savile's lands were finally settled in i645.48 With such
a range of connexions, Stane was ideally suited to act as go-between in the
correspondence between Saye's group at Westminster and Cromwell and
Ireton in the army. Moreover, Stane had undertaken an almost identical
mission at Saye's behest in I645. Saye had then been engaged with Wharton
and St John in secret negotiations aimed at discrediting Holles and bringing
about the surrender of the royalist capital, as the first step towards a peace.
When they needed a reliable negotiator, StJohn recalled, 'Lord Say spoke of
Dr. Staines as a fitting man to send' ;49 Stane was duly despatched on Saye's
recommendation,50undertaking a role that he was to repeat in the negotiations
of summer i647.51
Two days after Ireton had firstrevealed the proposals to the General Council
of the Army, on I9 July, it was reported that Stane and Watson 'have lain
divers dayes longer heere in towne to negotiat with Sir Henery Vane the
yonger, Mr. St. Johns the solliciter and the Lord Wharton and some other
leading men of their faction in both Howses, to advance'their owne dangerous
designes'.52 Stane and Watson had an obvious reason for delaying their return
to army headquarters on the igth; Wharton was expected back in London
that day, bearing news of the General Council's reaction to the proposals
drafted by the politicians during the previous week.53By delaying their return
to the army until they had consulted with Wharton and the other 'leadicig
men of their faction', Stane and Watson could report back on the reaction at
Westminster to the General Council's modifications to the original proposals.
Wharton returned to London shortly before 9 p.m. that evening, bearing a
copy of the proposals in their revised form,54and immediately began a series
of meetings with the 'men of their faction in both Howses'. Accompanied by
P.R.O., WARDS 9/556 (Decree Bks), p. 622 (7 May I644), pp. 693, 776.
46 P.R.O., WARDS 9/556, pp. 622, 693, 877-
47 Saye to Lenthall, io Feb. I644: Bodl. Lib., MS Tanner 62, fo. 555; P.R.O., SP 28/265/I
(Cttee Ptns papers). 48 L], VII,498-9.
49 H.L.R.O., MPJune-July I645, fo. 232 (StJohn's deposition concerning the 'Savile affair'),
corroborated by Savile's deposition, fo. 223v; and John Crewe's deposition, fo. 242V.
5 H.L.R.O., MPJune-July I645, fos. 232, 242V.
5 By May I648, Stane and Watson had become notorious as the henchmen of Saye's political
group. When the younger Vane broke with the army and followed Saye and Northumberland in
supporting the revocation of the Vote of No Addresses, it was put down to the fact that 'Do[cto]r
Stane and Scoutm[aste]r Generall Watson had bin too conversant with him'. Letter of intelligence
to Fairfax,24 May I648; WorcesterCollege,Oxford,ClarkeMS CXIV, fo. 2I.
52 Dyve, 'Letter-Book', ed. Tibbutt, p. 68.
53 Nottingham to Manchester, I9 July I647: Theproposalsdelivered to theearlof Nottingham(2 I
July] I647), p. 8 (E 399/IO). Lenthall was so sure that Wharton was to have returned by this day
that he wrote anxiously to John Rushworth, inquiring what had become of him, when he failed
to appear by the early evening. B.L., Sloane MS I5I9 (misc. letters), fo. I04.
54 The time of Wharton's arrival was noted by Lenthall in his letter to Rushworth; B.L., Sloane
5 Widdrington also served as a useful ally for Northumberland in the house of commons.
Northumberland to Potter, 27 Jan. I646; Alnwick Castle, Northumberland MS 0.1.2 (f).
Widdrington was also associated with Wharton's local factional interests in Westmorland and
Cumberland:[Musgrave],A fourthwordto thewise (I647), pp. 2-5, I5.
56 Lenthall had sponsored Wharton's admission to Lincoln's Inn in I638 and had close links
with the members of the Saye-Northumberland group in the Lords. The recordsof thehonourable
societyof Lincoln'sInn: admissionsi42o-i893, 2 vols. (I896), I, 234. Lenthall was Northumberland's
counsel in the Exchequer during the I630s; P.R.O., E I25/25 (Exch. of Pleas, Decree Bks), fos.
33 I -2V.
57 B.L., Sloane MS I519 (misc. lett.), fo. io4r-v. Dyve, 'Letter-Book', ed. Tibbutt, p. 68.
5 A Perfect Diurnall, no. 206 (I 9-26 July i 647), pp. I 668-9 (B.L., E 5 I 8/8).
5 A PerfectSummary,[no. I], (I9-26 July I647), p. 5 (B.L., E 5I8/9).
60
C], V, 252; the two papers referred to are entered in L], ix, 340-I.
61 Luke Harrvney [Henry Walker, anag.], PerfectOccurrences, no. 29 (I6-23 July I647), p. 20I
(B.L., E 5I8/7).
62 Bodl. Lib., MS Tanner
58, fo. 415 (depositions of William Rawson and Peregrine Pritty,
taken that day). For the text of the Engagement see Thepetitionandsolemneengagement (I647), B.L.,
E 5I8/I I.
20 HIS 30
On the 23rd, having allowed four days for Stane to report back to Cromwell
and Ireton the outcome of Wharton's consultations, the proposals were written
out by Rushworth and presented secretly to the king, who returned them with
'crosses and scratches upon them with his own pen'.63 By 25 July, news had
reached London that Saye and his associates in parliament were close to an
agreement with the king, in which the army had acted as broker.64 'On my
knowledge', SirJohn Maynard declared, 'the greatest enemies the K[ing] had
drewe them [the proposals], as my Lord Say, the Solicitor [St John], Nat.
Fiennes, old and young Vane, M[aste]r Pierepont, and Evelyn of Wilts.'65
The apprehension that this group was close to an agreement with the king,
undertaken with the backing of the army, precipitated panic among the
'Presbyterian' leadership, which ineptly planned the coup of 26 July.66
In the ensuing crisis Saye emerged as the leading political strategist among
the peers who fled the disorders at Westminster. While Wharton remained
with the army,67 Saye joined the Lords who had fled the capital at Hatfield,
Salisbury's Hertfordshire seat.68 Michael Baker, the Lords' messenger des-
patched to summon Salisbury to return to Westminster, 69 stumbled upon a
meeting at Hatfield that comprised a familiar contingent within the house of
lords: Saye, Northumberland, Salisbury, Howard, and Grey of Warke. Man-
chester, an eleventh-hour convert, accepted the peers' invitation to join them
at Hatfield and now threw in his lot with the Saye-Northumberland
group.70 After the meeting at Hatfield, Saye moved on to Latimers, where he
was joined by Northumberland for consultations with the king.7' From here
63 John Lawmind [Wildman], Putney proiects. Or the old serpent (i647), p. I4, (B.L., E 42I-
I9).
64 The riots appear to have been directed by a small group of M.P.s, including Sir William
Waller, Sir John Clotworthy and Sir John Maynard, operating from the Bell Tavern in King
Street, Westminster. Pearl, 'London's Counter-Revolution', p. 52. Professor Kishlansky has
questioned the degree to which the disorders of 26 July were the result of planning, suggesting
rather that the riots were the consequence of the pent-up grievances of reformadoes, apprentices
and other groups, which had been building up throughout the summer. The evidence of the
depositions taken from witnesses of the riots (surviving among the Lords' Main Papers) provides
clear evidence that the riots were carefully organized and directed by disaffected M.P.s. 'What
they [the rioters] did', declared Brace (one of the ringleaders of the mob), 'they were advised by
a Member of the house of Comons.' See House of Lords depositions, H.L.R.O., MP 25/9/47, fos.
2 I-24. Thus, while the grievances of reformadoesand apprentices provided the tinder, the decision
to apply the spark was made by the group of M.P.s who had been impeached by the army; and
the timing of this decision was a direct result of the news that Saye and his allies were close to
reaching a settlement with the king (a point which is corroborated by SirJohn Maynard's letter,
cited in the next note). See Kishlansky, The riseof theNew ModelArmy,pp. 266-7.
65 Maynard to 'one about the King', [29-3I July i647]: Beinecke Lib., MS Osborn Fb I55, fo.
served as Messenger attending the Commissionersof the Great Seal: P.R.O. (Kew), AO I / I 374/
I23 (Audit Office, Hanaper decl. acc., i643-4).
70 Michael Baker'sdeposition, pp. 20-I . Sir William Waller, Vindication of thecharacter
andconduct
of Sir William Waller(I 793), p. 19 I .
71 Bodl. Lib., MS Clarendon 30, fo. 24 (letter of intell., 2 Aug. i647). The king was at Latimers
for around a week, from Monday 26 July; L_U,Ix, 346, 370.
the peers later declared their task to have been 'to advise his Ex[cellen]cy and
his Councell of War in such things as may be for the good of the Kingdome '.75
Immediately after these discussions Fairfax's regular Council of War
adopted the proposals as its endorsed programme for the settlement of the
kingdom, publishing them as the Heads of the Proposals.76
As the army moved ever closer towards London and was met by the
members of both Houses who had fled Westminster at a general rendezvous
at Hounslow Heath, Saye and Northumberland convened meetings of their
parliamentary colleagues, at Syon and 'Lord Sayes house at Stantwell' (about
five miles away), where tactics were mapped out in anticipation of their
restoration to Westminster.77 The result was the members' Declaration of 4
August, claiming that they, rather than the members remaining under 'duress'
at Westminster, constituted the true authority of parliament, and vigorously
asserting the justness of Fairfax's decision to march on London to restore
order.78 By 6 August, London's 'counter-revolution' had collapsed and the
army had occupied the capital. Riding in their coaches, Saye, North-
umberland and their fellow peers accompanied Fairfax's army in its trium-
phant procession through the city streets to the Palace of Westminster. Church
bells in the capital pealed in celebration.79 A new phase of parliamentary
politics, and of the politics of the army, had begun.80
In the light of this evidence - much of which was inaccessible to Gardiner
- it becomes highly unlikely that Ireton was the originator of this series of
proposals, as Gardiner and subsequent writers have supposed.8' John Wild-
man, who was involved in the debates on the proposals in a subcommittee of
the General Council of the Army, suspected that Ireton was merely acting as
7 Bodl. Lib., MS Dep. c. i68 (Nalson papers), fo. 35v (peers' decl. Of4 Aug. i647). Ludlowe,
who was among those who fled to the army, and was present at the Syon House meeting,
summarized their brief in similar terms: 'to consult what was most advisable to do in that
juncture'. Theparliamentary or constitutional
historyof England,24 vols. (I75i -62), XVI, 244. Memoirs
of EdmundLudlow,ed. Firth, i, i62.
76 The Headsof theProposals were later issued in a revised form with 'explanations' by the army
of what it considered was the meaning of certain passages in the original proposals. It is in this
form that they were printed by Rushworth in his HistoricalCollections, and later reprinted in S. R.
Gardiner's Theconstitutional documents of thepuritanrevolution,
i628-i660 (Oxford, I06), pp. 3 I6-26.
The best text for the Proposalsis H.L.R.O., MP 2 I /9/47, fos. 40-43 (signed by Rushworth). This
recension includes only the first sixteen 'heads' (printed in Gardiner, pp. 3i6-23); the additional
heads (Gardiner text, pp. 323-6, commencing at the paragraph 'And whereas there have been
of late... ') were a rag-bag of grievances and miscellaneous provisions which, although included
in the August printings of the Proposals (Thomason's copy dated 5 Aug., B.L., E 401/4, for
example), were never regarded as part of the Heads proper. Cf. Bodl. Lib., MS Tanner 58, fos.
5I3 ff.
7 A PerfectDiurnall,no. 2Io (2-g Aug. i647), p. i688 (B.L., E 5i8/i6). For Stanwell see Victoria
countyhistory:Middlesex,III, 43.
78 Bodl. Lib., MS Dep. c. i68 (Nalson papers), fo. 35r-v. Old Parl. Hist., XVI, 244.
7 Westminster P.L., MS F4 (Church wdns' acc., St Martin's), p. 39; 5s. to 'The Ringers when
Sr Thomas Fairfax came to London with the Lords and Mr Speaker'.
80 Perfectoccurrencesof everydaieiournall,no. 52 (6-I3 Aug. I647), pp. 2IO-I I (B.L., E 5 I8/I7).
See also the description of the procession in Forde to [Hopton?], 9 Aug. i647; Bodl., MS
Clarendon 30, fo. 32.
81
S. R. Gardiner, History of thegreatcivilwari642-9,4 vols. (I893), III, 329-30.
II
From the resumption of the parliamentary session, the priority of the Saye-
Northumberland group which now controlled the Lords was to secure
parliament against further violent incursions: from royalist sympathizers,
from the unpaid reformadoes in the City, and from the well drilled bully-boys
who had been in the front line of the riots of 26July. The need for a settlement
of the kingdom was pressing, the peers argued in their Declaration of 4 August,
but this 'we conceive we can never do, untill the Houses of Parliament may
be absolute judges and masters of their own securities'.85 With twelve peers
attending the sitting of 6 August, and numbers seldom rising above that figure
until the following January, the nine peers of the Saye-Northumberland
group dominated proceedings and assumed the initiative in the introduction
of legislation into the parliament. The speed and efficiency with which they
deluged the lower House with bills and resolutions after their return to the
Lords suggests that the programme had been agreed upon by the peers in
advance. Wharton and Fairfax's cousin, the earl of Mulgrave, were despatched
to thank the Lord General for his timely intervention, while the remaining
at the time of the civil war', Yorks.Archaeol.journal, xXiiI (1915), 349-94. Wandesford had also
been Northumberland's nominee as a Commissionerof the Great Seal in Dec. i646. H.L.R.O.,
MP 24/12/46, fo. 78 (draft in Northumberland's hand); LU, IX, 626.
85 Declaration of the peers (signed by Manchester, Northumberland, Kent, Salisbury, Denbigh,
Mulgrave, Saye, Grey of Warke and Howard); original text: Bodl. Lib., MS Dep. c. i68, fo.
35r-v; printed in Old Parl. Hist. XVI, 241-4.
peers proceeded with a comprehensive agenda to secure the City and to seek
out the instigators of the violence.86 Fairfax was voted Constable of the Tower
with an unlimited commission to make whatever changes to its administration
he deemed necessary;87 the London Militia Committee was reconstituted as it
had been prior to 4 May and returned to the control of the peers' allies in the
City ;88 and a committee was established (including Saye, Wharton and
Northumberland) to investigate the management of the recent violence against
the Houses.89 With Denbigh, these three peers were appointed to prepare a
declaration, to be read at the head of every regiment, approving of Fairfax's
actions and affirming the common interest which united the parliament and
army. 90
In contrast to their smooth passage in the Lords, in the Commons these
measures met with open hostility. Conditions were imposed on Fairfax's
commission, restricting its duration to one year; his powers to order changes
to the government of the Tower were limited ;91 and the declaration approving
the army's march on London was deferred indefinitely.92 Most contentious of
the items sent from the Lords was, however, a bill to invalidate all the
proceedings in Parliament while it had been under duress: from the day of the
riots until the return of the Speakers.93 The bill had, at least for the peers'
opponents, profoundly disquieting implications. The effect of this ordinance
was to deprive all those who had any part in London's counter-revolution of
the indemnity that they might otherwise have claimed by invoking parlia-
ment's authority for their actions. This rendered not only rioters subject to
prosecution, but also Common Councillors, City Militia officers and members
of the Houses who had supported the resolution inviting the king to London,
or countenanced the City's preparations against the army.94 The severity of
the peers' attitude to these miscreants was exemplified by the earl of Kent
when he encountered a City Militia officer claiming parliamentary authority
for his service during the disorders. 'That was no Parliament', Kent stated
dogmatically, 'therefor could not Order him.'95 If passage of the bill em-
bodying this principle could be secured in the lower House, the threat of
proscription could be invoked against those members who had sat in the
Speakers' absence - the group most likely to oppose a settlement based on the
July proposals.96 The bill was thus an essential prerequisite if these proposals
were to be ratified in parliament.
Thinly disguised threats were applied by the peers when, after a week, the
Commons had made no progress with the bill. The Saye-Northumberland
group forwarded a copy of their declaration of 4 August, with a gloss by
Denbigh that the Lords 'hold themselves acquitted and discharged of any ill
consequence that may ensue upon such precedent and by that occasion of the
retardment of the present great affairs of the kingdome '.97 'The Lords send us
feirce messages', Salisbury's counsel, John Harington, noted in his diary for
this day.98 And when the Commons attempted to amend the bill, the peers
adhered defiantly to their original draft, insisting that all proceedings during
the Speakers' absence were void.99 Faced with the Lords' intransigence, a
majority in the Commons rejected the bill on Thursday, i 9 August. The tactics
employed by the peers to rescue this crucial bill illustrate the extent of their
influence with Fairfax and his officers, and the army's readiness to use its
political influence in support of the Lords' legislative programme.
Even before the bill was rejected on I9 August, with the measure unlikely
to pass in the Commons, the peers had enlisted Fairfax's willing support to
exert pressure against the organisers of obstruction in the lower House. In a
conspicuous display of unanimity between the army officers and the Saye-
Northumberland group in the Lords, a dinner was arranged for Thursday, the
igth, at the earl of Manchester's house in Chelsea.'00 Before this could take
place, however, on the Tuesday, the Commons respited the central section of
the declaration (drafted by Saye, Wharton, Northumberland and Denbigh)
which reiterated the principle that was to be given legislative force by the
bill: that during the disorders, the parliament was under duress, therefore its
proceedings were void.'0' The Commons' rejection of this central aspect of the
Lords' declaration was a clear signal that the bill was destined to fail; a change
in the peers' tactics was now imperative. For the oblique and convivial
demonstration of alliance with the peers implicit in the acceptance of Man-
chester's invitation to dine, Fairfax and the General Council of the Army
substituted an explicit statement of support for the Lords, cast in the form of
a Remonstrance.'02 'Difficulties and Dangers' persisted, Fairfax noted in his
96
KingdomesWeeklyIntelligencer,
no. 222 (I0-I7 Aug. I647), p. 634 [recte635] (B.L., E 402/
I3).
Bodl. Lib., MS Dep. c. i68 (Nalson papers), fos. 35, 43; LU, IX, 384.
97
Thediaryof JohnHarington,M.P. i646-53, ed. M. F. Stieg (Somerset Rec. Soc., vol. 74, I977),
98
pp. 56-7.
99
Cy, V, 275. Reasonsdeliveredby... the earleof Manchester: for nullingtheforc'd votes([20 Aug.]
I647), pp. 2-3 (B.L., E 403/2).
100 A continuation
ofcertainspeciall
andremarkable passages(I 4-2I Aug. I647), sig. H (B.L.,E 404/
5). The PerfectWeeklyAccount,no. 34 (I8-24 Aug. I647), sig. Kk2 [I] (B.L., E 404/I2).
101 C7, V, 273.
102 H.L.R.O., MP I8/8/47, fos.54-70v (original text); printed in Two lettersfromhis excellency
Sir ThomasFairfax (20 Aug. I647), B.L., E 402/28; and A remonstrance
from his excellency
([20 Aug.]
I647), B.L., E 402/30. Old Parl. Hist., xvi, 25I-73. See also, letter of intelligence to Lord
[Hopton?],I2 Aug. I647: Bodl.Lib., MS Clarendon30, fo. 36.
103 Fairfax to Manchester, i9 Aug. I647, printed in Two lettersfrom his excellency([20 Aug.]
I647), p. 2 (B.L., E 402/28).
104 A declarationof thelast demands byhis excellency
propouinded ([20 Aug.] I647), p. 3 (B.L., E 404/
3).
105 CJ, V,l279 106 Discussed below, p. 593.
... So much so that in the text presented to the king, the peers did not even trouble to remove
the names of Holles, Stapleton, Glynne or Hunsdon (all impeached members) from the list of
Conservators of the Peace: H.L.R.O., MP 7/9/47, fo. I52V. Rushworth's text comes up with a
number of absurdities,such as a 'Sir [sic] Denzil Holles', which have found their way uncritically
into S. R. Gardiner's Theconstitutionaldocuments of thePuritanrevolution,I628-I660 (Oxford, I906),
p. 298.
Li, Ix, 435. Rushworth, Historical collections, 8 vols. (i68o-I70I), IV, i, 309-I7.
113 Letter of intelligence, 2 Aug. I647: Bodl. Lib., MS Clarendon 30, fo. 24.
114
Opponents of the July proposals attempted to cut this line of communication between
Saye's group at Westminster and the king's 'Court', by moving that Ashbournham be removed
from attendance on the king; not surprisingly Saye vigorously (and successfully) opposed this
attempt tojeopardize the projected settlement. Sir Edward Forde to Lord Hopton, 28 Sept. I647:
Bodl. Lib., MS Clarendon 30, fo. 76v. See also below, p. 596.
115 Guildford Muniment Room, Surrey, Bray MS 85/5/2/29: 'Robert Thomson senior'
[Nicholas Oudart, the king's secretary] to Sir Edward Nicholas, i6 Aug. I647.
116 Bodl. Lib., MS Dep. c. I70 (Nalson papers), fos. I8Iv, I92V, I93r-v. Cf. VoxMilitaris, no.
5 (I4-2i Nov. I648), p. 35 (B.L., E 473/8). 117 Ashbournham, Narrative (I830), II, 98.
118 Ivan Roots, The great rebellion i642-i660 (London, I966), p. I I6. 119 L, IX, 434-5.
120
L], IX, 441; CJ, V, 31I. H.L.R.O., MP 2I/9/47, fos. 40-43. Wharton had introduced the
draft of the proposalsto the Lords on 20 July; A PerfectSummary of ChiefePassagesin Parliament,no.
[I] (I9-26July I647), p. 5 (B.L., E 5I8/9). Another copy was introduced into the Commons by
Povey in September: Bodl. Lib., MS Tanner 58, fos. 5I3 if. The introduction of the Proposals
coincided with the passage of a resolution that the king's reply to the Newcastle Propositions,
tendered at Hampton Court, constituted a rejectionof the terms. Lj, IX, 442. Perhapssignificantly,
it was Evelyn who brought this resolution from the Commons to the Lords; ibid. For Evelyn's
relations with the Saye-Northumberland peers, see below, p. 593.
III
If five years of internecine conflict had left the country weary of war, they had
also left the ideological conflicts within the nation more starkly delineated
than ever before. Conciliation of the vanquished, as much as satisfaction of the
victors, was the prerequisite of a lasting, national, peace. The natural first
objective of the drafting committee was thus to expand the basis of support for
the settlement within the kingdom. Penalties against former royalists were
mitigated and the range of religious interests to be comprehended within the
English church was widened. Under the Newcastle Propositions, 58 principal
royalists - most of the king's Council, generals and advisers - were to be
condemned for treason before any Act of Oblivion was passed. The Saye-
Northumberland peers drastically reduced this number: from 58 to 7 royalists,
and financial penalties against royalists were also lessened.121 The severity of
fines against royalist 'delinquents' had been a long-standing source of con-
tention between the two Houses. Peers such as Northumberland and Howard
had become notorious for influencing committees to mitigate the penalties
against repentant delinquents.'22 In the proposals introduced by the Lords,
the maximum rate for confiscation of principal royalists' estates was reduced
from two-thirds to one-third; rates to be imposed upon lesser fry were scaled
down proportionately.123 As the Lords pointed out at the time, these rates for
fines were drawn directly from 'those votes which are passed by this House,
mentioned in the Proposals of the Army, concerning the proportions that
delinquents shall be set at', but which had remained dormant in the Com-
mons.124 To this extent, then, there was nothing original in the draft proposal on
delinquents that Ireton had first put to the General Council of the Army
between I 7-I9 July. In this central aspect of the Heads of the Proposals, Ireton
had merely secured the army's endorsement for what was then dormant
legislation which the Saye-Northumberland group had formerly moved in the
Lords. 125
Perhaps the most striking feature of the projected settlement was the
proposal for settlement of the church. Reflecting the Erastian Independency
121
H.L.R.O., MP 8/I0/47, fo. i i i; L_t,Ix, 476; Gardiner, Constitutional
documents,
pp. 298-9.
H.L.R.O., MP I5/IO/47, fos. I64-7.
122
For Manchester's lenient attitude see P.R.O., SP I6/593/56/25 (Samuel Jones's examina-
tion); see also, Add. MS 34253 (Main Papers, strays), fo. 42; Claydon House, Verney MS, earl of
Devonshire to Verney, 23 Oct. i645 (B.L., Film 636/6); H.L.R.O., MP 20/2/47, fo. 57; Lj, ix,
26; Dorset to Middlesex, 3I Jan. i647: Kent A.O., Sackville MS, U 269/C248 unfol. For
Northumberland, Sir Percy Herbert to Lady Herbert [i644]; P.R.O., PRO 30/53/7 (Herbert
of Cherbury corr.), fo. 58.
123 Li, Ix, 476. 124 LU, IX, 48i. Heads, xv, 2.
125 A proposal to exclude from pardon only '6 or 4' had been under discussion as early as I
April; letter of intelligence, Bodl. Lib., MS Clarendon 29, fo. i65.
126 Alnwick Castle, Northumberland MS xvi, fos. 55-57v. Westminster Public Lib., MS F
2002, fos. 144-5. Adamson, 'The peerage in politics', pp. 82-104.
127 The text of this I3 October draft is given verbatim in The ModerateIntelligencer, no. 134
(7-14 Oct. I647), pp. 1319-20, and was later published in A PerfectDiurnall(I I-I8 Oct. 1647),
sig. io 0 [iv] (B.L., E 5I8/45). It is so accurate that the editor of The ModerateIntelligencer
(who
printed it first) must have had access to the MS original.
128 H.L.R.O., MP I5/I0/47, fos. I62-3. The Househad debatedthe proposalsin committee
on the I2th; Kingdomes WeeklyIntelligencer, no. 230 (I2-I9 Oct. I647), p. 694 (B.L., E 4I I/I I). LU,
IX, 48I, 484. (The journal does not record who introduced the bill on the I3th, but notes Saye
managing and reporting the bill on the I5th, indicating Saye almost certainly as the draftsman
of the bill.)
129 H.L.R.O., MP I5/10/47, fos. I62V-I63.
130 The Commons later modified this, excluding Article viii (the section enjoining the Nicene,
Apostles' and Athanasian Creeds) from the list defining the principles of religion. CI, v, 333.
131 Ibid.
132
[Saye], Vindiciaeveritatis(I654), pp. I22-3. For a discussion of the authorship of this tract,
see J. S. A. Adamson, 'The VindiciaeVeritatisand the Political Creed of Viscount Saye and Sele',
HistoricalResearch,6o (I987), 45-53.
Prayer,133 but the old episcopal order was to be eradicated. Included in the
Lords' programme for settlement were two bills, introduced by Saye, to be
presented for the king's assent: for the abolition of bishops, and for the sale of
their lands.'34 The inclusion of these particular bills in Saye's programme for
settlement corroborates Maynard's evidence that Saye had been co-author of
the first (July) draft of the proposals, for which Ireton had acted as broker in
the General Council of the Army.135 The bills on episcopacy and bishops' lands
had been part of that original draft, but were subsequently deleted in the
General Council.136 Similarly, in the proposition dealing with royalists, the
Lords had decided to exclude seven delinquents from pardon - the number
stipulated in the original draft of the proposals137 - whereas this number was
reduced to five after the proposals were presented to the king on 23 July and
debated in the General Council of the Army.138 The probable explanation for
these discrepancies is that since Saye and Wharton no longer had to rely on
the army to present their proposals to the king, they reverted to their original
July recension as the basis for the terms of settlement, reinstating the original
provisions on episcopacy and delinquents which had been deleted after Ireton
first showed the scheme to the General Council on I 7 July.139
While these measures were being debated in the Commons, Saye and
Wharton introduced the remainder of their programme, derived point by
point from the first draft of the July proposals.140 The king's executive powers
were to be stringently limited. 'He himself hath brought this necessity upon
us ', Saye argued, 'not to trust him with that power whereby he may do us and
himself hurt, but with so much alone as shall be sufficient to inable him to do
us good.'141 For ten years the parliament was to choose the great officers of
state; after which time the king was to be allowed to choose one of three
parliamentary nominees. The militia was to be under parliament's control for
133
H.L.R.O., MP I5/I0/47, fos. I62-3v. Saye's pre-war objections to the Prayer Book were
directed against its enforcement as the only approved mode of worship: it was as if 'because some
men had need to make use of Crutches, all men should be prohibited the use of their legges'. Saye,
Two speechesin parliament(I64I), p. io. Saye had no doctrinal or theological objection to the use
of the Prayer Book; indeed, according to John Williams, the bishop of Lincoln, 'ye L[ord] Say
hath joined with him in his Chappell in all ye Prayers and Services of the Church'. B.L., Harl.
MS 6424 (Warner's diary), fo. 45. 134 LU, Ix, 483.
135 Beinecke, MS Osborn Fb I55, fo. 239r-v.
136 [Wildman], Putneyproiects.Or, theold serpent(i 647), p. I4.
137
H.L.R.O., MP 8/I0/47, fo. i i i. L_, IX, 476. Dr Williams's Lib., Morrice MS D (Berkeley
memoirs) printed as Sir John Berkeley, Memoirs(i 699), p. 3I. [Wildman], Putneyproiects,pp.
I 3-I 5.
138Bodl. Lib., MS Dep. c. i68, fos. 36-42V. This MS copy of the Heads, signed by Rushworth,
contains a number of modifications which attest to the accuracy of Wildman's account of the
preparation of the text. Cf. fo. 38v, where the reference to 'ten years' as the period for which
royalists were to be excluded from office has been crossed out and reduced to five; compare
Wildman, Putneyproiects(I647), p. I4, where he states that the proposal originally stipulated ten
years, but that this was later changed to five after the Heads had been presented to the king.
Gardiner, Civil war, iII, 340.
139 Worcester College, Oxford, Clarke MS LXV (Army Council, Min.), fo. io6.
140
H.L.R.O., MP I5/10/47, fos. I60-3. L_, IX,, 482-4. A PerfectDiurnall,no. 22I (I8-25 Oct.
I646), sig. io P (B.L., E 5I8/47).
141
[Saye], Vindiciaeveritatis,p. 6.
propositions: both give the control of the militia permanently to parliament, only differing on the
time during which the king is to be excluded from even a nominal right of participation. Gardiner,
Constitutionaldocuments,pp. 294, 3I9; H.L.R.O.,MP 2 I/9/47, fo. 4I. The onlysignificantaddition
made in the Heads is that parliament was ceded the power to 'nominate and appoint' all officers
and commanders of the forces. This was duly added by the peers in October, when, enacting
Heads ii, I, they stipulated that parliament 'shall from time to time appoint all Comanders and
Officers for the said Forces, or remove them as they shall see cause'. H.L.R.O., MP [4/Io]/47,
fo. 59; mentioned, but not entered, at L_, IX, 467.
143 The text of the Heads printed by Rushworth and duplicated by Gardiner contains the
significant variant that these parliamentary restrictions on the exercise of royal power were to
apply only to 'the King's Majesty that now is'; that is, the position of the king's successorwas left
unspecified (Gardiner, p. 3I9). On this question Saye's October propositions were more explicit
than the Heads, though not inconsistent with their letter. (The house of lords' copy of the MS
omits 'that now is' in this clause, inserting it in a later clause (' ...hereafter by his said Majesty
that now is') but withoutchangeof meaning:H.L.R.O., MP 21/9/47, fo. 41.)
144 Heads, III; H.L.R.O., MP 21/9/47, fo. 4Iv. MP 15/10/47, fo. i6i. The Commons disliked
this name, preferringthe designation 'Co[mmi] ttees of Both Howses of Parlem[en]t': ibid. fo. I6 I.
It is possible this bill also gave the Council of State powers over foreign relations, as provided for
in the Heads; in the absence of a full text of the bill this question must remain open.
145
H.L.R.O., MP I5/I0/47, fo. i6o; enacts Heads, v.
146
L_U,Ix, 482, 483, 484; Heads, I. Wharton's proposal is summarized in A PerfectDiurnall,no
22I (I8-25 Oct. I647), sig. I0 P, p. I774 (B.L., E 5I8/47).
147 H.L.R.O., MP 2I/9/47, fo. 42; Heads, xiv; in practice, however, the king's access to these
revenues would have been severely checked by the patronage network established by the Saye-
Northumberland group in the Exchequer. 148 L], IX, 484; enacts Heads, xvi.
and his grants under the Great Seal at Oxford were invalidated; and the
royalists' cessation with the Irish rebels was declared void.149It is perhaps a
measure of how near the Lords thought they were to concluding a lasting
peace that among the bills introduced by Wharton, based on the July
proposals, was one providing for the dissolution of the Long Parliament and
for the election of its successor.'50
Significantly, the same peers who promoted this settlement in October I 647
had been the group identified as its instigators back in July. By the end of their
day's work on I 5 October, the Lords had transformedthe July proposals into
'sixteen papers' endorsed by the House, ready to be forwarded to the
Commons. Of the ten peers present that day, eight had attended the meeting
at Syon House on 31 July.151Saye and Wharton, who managed the proposals
in Committee and reported them to the House, were the two peers most active
in the preparation of the original draft and in canvassing support for it in the
two weeks before the July riots.
Much of this scheme sustained alterations of detail in the lower House;
however it was on the issues of religion and the treatment of royalists that the
Commons joined battle with the Lords. The peers' bill on delinquents was
rejected outright; but, in what was becoming a familiar tactic, a new bill was
substituted in the Commons, retaining the Lords' principal demand that only
seven royalists be excluded from the Act of Oblivion.152Although there was
a subsequent compromise on rates of confiscation in this new bill, as ThePerfect
WeeklyAccountcorrectly noted, the Commons merely 'concurred with a paper
[formerly] sent down from the Lords'.153
Saye's bill on religion was accepted after a series of narrowly fought
divisions, but the Commons baulked at allowing tithes to be used for the
maintenance of other than conforming Presbyterian clergy.154 Congregations'
liberty to allocate a moiety of their tithes to the support of a lecturer or other
non-Presbyterian cleric had been an essential element of the peers' bill,
149
H.L.R.O., MP I5/IO/47, fos. i6ov-i6ir; Heads x, vii.
150
L7, Ix, 482 (i4 Oct. i647). The draft bills are missing from the Main Papers but some of
their content may be gleaned from references to these bills in the Journals, and in the Perfect
Diurnall,whose editor seems to have had access to the Lords' drafts. 'Lord Wharton reported a
draught of a proposition for putting a period to this Parliament and a proposition concerning
justices of the Peace and Grand Jury men,' L_, IX, 482. The first of Wharton's bills is described
in the CJ as 'concerning the period of this Parliament, and the sitting of those future', C?I,v, 338
(2I Oct. i647). These two bills almost certainly enacted Heads, i, I-7, dealing with elections; and
Heads i, i i, dealing with J.P.s and Grand Juries at assizes. The C? entry suggests that Wharton's
bill changed the duration of parliaments from the three-year term established under the Triennial
Act to some other term. This probably followed the July proposals in establishing biennial
parliaments. A PerfectDiurnallrefersto the Lords' bill as providing for the dissolution of the Long
Parliament within a year 'after the Act for a triennial Parliament'; ibid. no. 22I (i8-25 Oct.
I647), p. 1774 (B.L., E 5i8/47). L'' , IX, 483.
152
LU7,IX, 499, 503, 504, 506-7. C7, V, 337, 346, 348.
153 The PerfectWeeklyAccount,no. 42 (20-26 Oct. i647), sig. R[v]. See also, The Kingdomes
WeeklyIntelligencer,no. 23 I (9I -26 Oct. I 647), p. 705, (B.L., E 4 I I / 26).
154 L, IX, 506-7; CJ, v, 348. A PerfectDiurnall,no. 220 (i i-i8 Oct. I647) sig. io 0 [iv] (B.L.,
E 5i8/45)-
155 H.L.R.O., MP I5/I0/47, fo. i62r-v. 156 L, IX, 499, 506-7. C], V, 346, 348.
157 John Cooke, Redintegratio amoris([27 Aug.] I647), p. 28 (B.L., E 404/29).
158 For Saye's use of Mulgrave's proxy see Sir Simonds D'Ewes, Thejournalsof all theparliaments
during the reign of Queen Elizabeth (I682), p. 7 (D'Ewes was employed to draw up the instrument
revoking the appointment of Saye as Mulgrave's proctor). I owe this reference to the kindness of
Mr Peter Salt.
159 John Cooke, The vindication of the professors and profession of law (1 646), pp. 8o-i.
160 Chequers Court, Bucks, MS 782 (copies of William Clarke's accounts), fo. 43. These are
disbursements ordered by Fairfax in his capacity as commander-in-chief. (The originals are
Leeds, Thoresby Society MS SD, Ix; I am grateful to Professor Austin Woolrych for information
on this point.) The Redintegratioamoris is a detailed apologia for the July proposals, and contains
a lengthy defence of the importance of the house of lords. Cooke received (I 5 on 27 July I647 (the
day after the riots broke out at Westminster), and it is possible that the Redintegratio, which
appeared four weeks later to the day, was the result of a commission from the Lord General. The
entry in Clarke's accounts (Chequers MS 782, fo. 43) is for 'extraordinary service' - that is, not
for the legal work in which he would normally have been employed - and this may refer to the
Redintegratio. In any event, Cooke's links with the General Council of the Army were extremely
closer after Pride's purge, Cooke was appointed solicitor at the king's trial. G. E. Aylmer, The
state s servants (I973), pp. 30, 276. 161 H.L.R.O., MP I5/IO/47, fo. i62r-v.
162 John Cooke, What the independentswould have, or, a character (i647), p. i6.
"'Merc[urius] Prag[maticus], no. 8 (2-9 Nov. i647), p. 58 (B.L., E 4I3/8). In allowing for the
maintenance of lecturers out of tithes, the Saye-Northumberland peers established the validity of
a principle which had been declared illegal in the case of the Feoffees of Impropriations in
i632 - a scheme to use tithes from impropriate livings purchased by the feoffees to support puritan
lecturers. P.R.O., E II2/2II/533 (Exchequer, King's Rem., bills), printed in I. M. Calder, ed.,
Activities of thepuiritanfaction of the churchof Eniglandi625-33 (I 95 7). Most of the feoffees were closely
associated, by patronage or employment, with the Saye-Northumberland peers who sponsored
this legislation in i647. Most prominent among the clerical feoffees were Saye's two proteges and
life-long friends from St Stephen's, Coleman Street; Richard Sibbes and John Davenport. For
Sibbes, see P. S. Seaver, The puritan lectureships: the politics of religious dissent I566-i662 (Stanford,
Cal., I970), pp. 236-7. The clearest evidence of Saye's relationship with Davenport comes in a
letter written by Davenport to Thomas Temple on hearing that Saye had not long to live. He
wrote of' my Euer Honoured, Lord, Viscount, Say and Sele, unto whom I haue bene Continually,
Neare 40 years Past, Exceedingly Obliged, for sundry Testimonyes of his Speciall ffauors towardes
me when I liued in London, and I was in Holland, and after my retturne thence to london And
since my abode in this Wildernesse [Massachusetts], which hath bine aboue 24 Yeares'. Davenport
to Temple, I 9 Aug. i 66 i: P.R.O. (Kew), CO I / I 5/8 i; printed in Letters of John Davenportpuritan
divine, ed. I. M. Calder (New Haven, Conn. 1937), pp. I90-4. Of the lawyers among the feoffees
were Saye's friend, Christopher Sherland, the counsel to the Providence Island Company
(P.R.O., E II2/211/533; Calder, Puritan faction, pp. 39-42; Hexter, The reign of King Pym
(Cambridge, Mass., I940), p. 82; Russell, Parliaments and English politics, i62i-i629 (Oxford,
I979), pp. 3I, 251-2, 407-8); Samuel Browne, Northumberland's counsel and later Salisbury's
steward (P.R.O., SP i6/5I5/I46/I; Calder, Puritanfaction, pp. 42, 145-7); and in their suit in the
Exchequer, the feoffees were defended by William Lenthall, Northumberland's counsel in that
court and a close friend of Lord Wharton. For Lenthall as Northumberland's counsel see, e.g.
P.R.O., E I25/25 (Exchequer of Pleas, Decree Bks), fos. 33I-2V; for his role in the feoffees' case,
Calder, Puritanfaction, pp. 4, 26n, 73 (printing P.R.O., E I13/2I /533). Lincoln's Inn Adm., I, 234;
But the settlement did not seek simply to gratify the aspirations of puritans
and Independents. While the settlement, as drafted by Saye, abolished the
wealth, legal status and jurisdiction of the episcopate, it recognized that
worship according to the Prayer Book was deeply rooted in parish life and
resilient against attempts at eradication: hence there was no attempt to forbid
the use of the Book of Common Prayer. Proscription of religious practices
which did not disturb the peace of the state only fomented the divisions it
sought to eradicate, Saye argued; and such attempts lacked any moral
foundation since no form of church government could be shown to be iure
divino.164
Iv
Translating these proposals into reality required, in Lilburne's phrase, the
'juggling' of several volatile and potentially mutually hostile interests. Imple-
mentation depended upon careful management in the Commons, maintaining
the support of the army (which had custody of the king), and, in its final stage,
persuading the king to accept the terms offered - or imposing them upon him.
Juggling these diverse components revealed both the virtuosity, and ulti-
mately, the limitations of Saye's political designs. Throughout the debates,
Saye's second son, Nathaniel Fiennes, acted as his advocate in the Commons,
co-ordinating support for the Lords' legislation with the collaboration of other
allies of the Saye-Northumberland group: Evelyn, Pierrepont, the younger
Vane, Ireton and Cromwell. Fiennes's aristocratic patrons enhanced his status
in the Commons by ensuring his appointment to the influential executive
committees to which much parliamentary business was delegated. It was
Fiennes, Sir William Waller claimed,165 who acted as tame draftsman for the
Lords who gathered at Saye's house at Stanwell during the July disorders.166
In August, Northumberland recommended that Fiennes be added to the
Army Committee - a body, chaired by the earl's secretary, Robert Scawen,
which was responsible for the parliament's relations with the army com-
manders.167 Saye was reported to have 'bespoken [him] a place' on the
Committee of Revenue (the most powerful of the finance committees, control-
ling the Exchequer and royal household appointments), which was run by a
familiar contingent of peers: Saye, Wharton, Northumberland, Salisbury and
Pembroke. One newsbook dryly observed that it made little difference which
of Saye's parliamentary siblings was pronmoted to the vacancy: 'no matter
which of them it is, for both may doe well, enough with their Father's [Money]
Baggs '*168
B.L., Sloane MS I5I9 (misc. corr.), fo. I04. As patrons and protectors of these advocates of
puritan lectureships it was natural that Saye, Wharton. Northumberland and Salisbury should be
looked to in I647 to be the sponsors of godly reformation.
164
[Saye], Vindiciae veritatis, pp. I22, I29.
165 Waller, Vindication, p. I92.
166
A Perfect Diurnall, no. 2IO (2-9 Aug. I647), p. i688 (B.L., E 5I8/I6).
167
L, Ix, 444 (22 Sept. I647)-
168
Merc. Prag., no. 9 (9-I6 Nov. i647), pp- 70-471] (B.L., E 4I4/15)-
175 Francis White, A copy of a letter ([ii Nov.] i647), pp. I-2 (B.L., E 4I3/I7). The incident
referred to took place around September of that year. White had been expelled from the General
Council of the Army for suggesting there was no authority left in the state 'but the sword'; but
he was readmitted in December. A declarationfiom his excellencie (9 Sept. i647), B.L., E 5i8/30.
Clarke papers, ed. Firth, I, lvii.
176 For other examples of contacts between Goodwin's congregation and officers in Fairfax's
army, seeJohn Vicars The Coleman-streetconclavevisited ([21 Mar.] i648), pp. 22-3, (B.L., E 433/
6).John Goodwin's gathered church met in the parish of St Stephen's Coleman St. Guildhall Lib.,
MS 4458/I (Vestry Mins., St Stephen's, Coleman St), p. i6o. Until the late I64os,John Goodwin's
congregation met in 'Alchurchlane' parish (ibid).
177 Brooke, speech of 8 Nov. i642; Thr-eespeeches spoken in Gvild-Hall (i642), p. 4 (Wing, B
49I O).
178 See the speeches by Evelyn and Fiennes on 30 April i646; Minutes of the sessions of the
Westminsterassembly of divines, ed. A. F. Mitchell and J. Struthers (Edinburgh, i874), p. 225.
179
C7, V, 348.
180 Harington, Diary, ed. Stieg, p. 54. C], v, i87.
181 For Fleetwood's friendship with Saye, see his letter to Saye, printed in [Saye], Vindiciae
veritatis, p. 6i. See also, B.L., Add. MS 37344 (Whitelocke's Annals), fo. 56. Hatfield, Cecil
Petitions 2359. Worcester College, Oxford, Clarke MS, XLI, fo. 128.
182 In Feb. i649, Sidney became deputy to the countess of Carlisle as keeper of Nonsuch House
and Park - an appointment he almost certainly owed to Northumberland who was then managing
the countess's affairs. Warwickshire R.O., Warwick Castle MS, CR i886/2836. C], v, 370.
Among the drafting committee for the four bills, in the Commons, were St John anld Salisbury's
influential steward, Samuel Browne. D. Underdown, Pride's puirge: politics in the puritan revolution
(Oxford, I97I), pp. 87-8.
183 John Rylands Lib., Manchester, Eng. MS 300/I2 (Pink Papers). B.L., Add. MS 63057
(Burnet's historical notes, 2 vols), I, I74-5.
190 Dyve to king, letters of 5 and I3 Sept. I647; Dyve, 'Letter-Book', ed. H. G. Tibbutt, p. 84
(for quote); pp. 84, 88. This meeting was noted (but misdated) by Gardiner, who did not have
access to Dyve's detailed account (obtained at first hand from Lilburne, who was lodged near his
cell in the Tower). Gardiner, Civil war, III, 369. Cf. 'The Proposition of Lieut. Col. Lilburne', 2
Oct. I647; printed in Perfect Occurrences,no. 40 (I-8 Oct. I647), p. 276 (B.L., E 5I8/42).
191 Dyve, 'Letter-Book', ed. H. G. Tibbutt, p. 84.
192 Lilburne to Marten, I5 Sept. I647; Lilburne, Two Letters.. .to Col. Henry Martin (i647), pp.
4-5. Lilburne, however, acknowledged Wharton's past favour to him: Wharton had ensured that
Lilburne was given until the afternoon to prepare his 'Protestation' to the Lords in I646, when
Lilburne was summoned to appear at the Bar of the House. Lilburne, The iuglers discovered([Sept.]
I647), p. 9 (B.L., E 409/22).
193 John Lilburne, The iuglers discovered ([Sept.] I647), p. 9 (B.L., E 409/22).
194 Lilburne to Fairfax, 2I Aug. I647; printed in ibid. Clarke papers, ed. Fil-th, I, 438. For- a
reassessment of the extent of Leveller influence see Mark Kishlansky, 'What happened at Ware?',
Historical journal, xxv (I982), 827-39; and 'The army and the Levellers: the roads to Putney',
Historicaljournal, XXII (I979), 795-824.
195 For his friendship with Mulgrave (Fairfax's cousin), see Cromwell to Wharton, 2 Sept.
I648; Oliver Cromwell's letters and speeches, ed. T. Carlyle, (3 vols., i847), I, 304. Mulgrave later
became a member of Cromwell's privy council.
196 Cromwell to Lord Howard of Escrick, 23 March I647: P.R.O., SP I9/I06, fo. 36.
B.L., Add. MS 4186, fo. I4; G.F.T.Jones, Saw-pit Wharton (Sydney, I967), p. II3. Merc.
197
Prag., no. 6(I9-26 Oct. I647), pp. 43-4 (B.L., E 4I I/23). Merc. Melancholicus, no. iO (30 Oct.-
6 Nov. I647), p. 59 (B.L., E 4I2/32). For Cromwell's relations with Wharton see also John
Worth-Rush [pseud.], A coppie of a letter to be sent to Lieutenant General Cromwell (r7 Oct.] I647), p.
7-
198 [Saye], Vindiciae veritatis, pp. I45-6. 199 [Saye], Vindiciae veritatis, p. I48.
200 Cromwell to Fairfax, I3 October I647 (dated at Putney): B.L., Sloane MS I5I9, fo. 8o.
201 202
C?, V, 332. John Boys, 'Diary', ed. D. E. Underdown, p. I49 (20 Oct. I647).
29 October, Saye left Westminster for the short journey by water up the
Thames to Putney.213 Two objectives motivated this journey: to observe at
first hand the results of the debates on the Leveller Agreement(and presumably
to use his influence privately against it); and to safeguard the peers' settlement
from the threatened disruption of a Scottish alliance with the king, by securing
the king's person under close guard. On Sunday 31 October, two days after
Ireton had argued trenchantly against the Leveller Agreement,Saye met with
senior officers in a private conference at Cromwell's lodgings at Putney, a
house belonging to Cromwell's friend and fellow M.P., John Goodwyn.2"'
Goodwyn was an appropriate host for this cabal with Saye; he had obliged
Saye by sponsoring petitions in the Commons at his request, and been
rewarded by Saye's patronage in the Court of Wards.2"5 The discussions at
Goodwyn's house that Sunday evening were intended to lay the ground for the
important meeting of the General Council of the Army scheduled for the
following Monday morning. Conferring long with his army allies, it was
reported that Saye 'jugled till late at night, and then with a Foote-boy (and
no other Attendance) sneakt downe to the water side, and ferryed to some
other place for the like righteous purpose'.2"6 By the time Saye reappeared in
the Lords the following morning, i November,217 he had achieved the two
objects of his journey. He was confident that a majority in the General Council
was set firmly against the Leveller Agreement;and that morning, as he took his
place in the Lords' chamber, the guards on the king were doubled to prevent
further communication with the Scots and to forestall the possibility of escape.
Saye had played what one observer called his 'Master Trumpe' ;218 if the king
refused to grant his assent voluntarily, the propositions could be imposed upon
him.
Against the prevailing background of Anglo-Scottish diplomacy, this option
was neither as rash nor as radical as it might first appear. As Saye analysed
the king's behaviour in the negotiations, the only obstacle preventing the king
from accepting the projected settlement was the hopes he entertained of a
military intervention by the Scots. 'Is it imaginable', Saye asked, 'that the
213 Merc. Elencticus,no. 2 (5-I2 Nov. I647),pp. IO-I I (B.L., E 4I4/4). Saye missed the
Saturday morning sitting of the Lords on 30 October, indicating that he had probably left London
the previous evening. L3, IX, 504, 506.
214 Merc. Elencticus, no. 2 (5-I2 Nov. I647), pp. IO-I I. For the identification of the member's
house at Putney as Goodwyn's, see A continuation of certain speciall and remarkablepassages (28
Aug.-3 Sept. I647), sig. L 2 (B.L., E 405/I8). For an earlier political meeting at Putney, attended
by Goodwyn and Cromwell, see B.L., Add. MS 37344 (Whitelocke's Annals), fo. 2oV.
215 Saye to Lenthall, io Feb. I644; Bodl. Lib., MS Tanner 62, fo. 555. P.R.O., WARDS 9/
556 (Entry Bk of Orders), P. 776. For Goodwyn's work as chairman of the Commons' Committee
for Petitions, see P.R.O., SP 28/265/I (Committee for Petitions papers), fos. 3I, 44, 50, 52, 64,
77, 8I, 99, I03.
216 Merc. Elencticus,no. 2 (5-I2 Nov. I647), p. II.
217
L_, Ix, 5o6. Debate continued in the General Council of the Army on the Agreementuntil
8 November.
218 Merc. Elencticus, no. 2 (5-I2 Nov. I647), pp. io-I i. Ashbournham claimed that under the
new arrangements the guards were posted 'so neare His Majesties Chamber that they disturbed
His repose'. Ashbournham, Narrative, II, IOI.
The king at least was in no doubt as to what this preamble meant. News of
its passage in the Lords reached him no later than 9 November. In a stormy
interview with the Prince Elector, who visited the king on the i oth, he confided
that he feared deposition or an attempt on his life.226 Despite the increased
vigilance, the following day the king evaded the guards and escaped from
Hampton Court, intent upon the alliance with the Scots that Saye had
attempted at all costs to avert.227 Predictably, in the army, opinion veered
decisively against further dealings with the king.228
The change in the temper of the army drastically narrowed Saye's range of
political options. To keep alive the agenda of the projected settlement Saye's
group needed to extract an unequivocal gesture of good faith from the king.
Only by such a gesture could they counteract the army's sense of outrage at
Charles's breach of his parole in escaping from Hampton Court. The fact that
they needed that gesture promptly meant that, in their next offer of pro-
positions, the proposals were to be reduced to the barest minimum: to four
bills covering the militia, future admissions to the house of lords, the adjourn-
ment of the present parliament and the voiding of the king's wartime
declarations. Once again it was the Lords who took the initiative, sending
down bills which were subsequently approved by the house of commons.229
'These substantial and absolutely necessary things', as Saye termed them,
were the crucial clauses which 'might secure us for the future in our Liber-
ties '230 Their contents, however, mattered little; for what Saye had failed to take
into account was the king's deluded sense of optimism. By the end of December,
after giving them no more than scant consideration, the king had rejected the
four bills - and with them, Saye's policy of conciliation. Pursuing his self-
destructive passion for duplicity, Charles again turned his back on parliament
and embarked upon his ultimate folly, the military alliance with the Scots.
Redundant, if not discredited, the projected settlement had now to be shelved
indefinitely.
V
Although never implemented, the projected settlement of I647 remains signi-
ficant as a summary of the political and ecclesiastical aims of its promoters,
and as attesting to their remarkable political dominance during the latter half
of I647. That the correspondence has gone unnoticed, between the first draft
of the proposals and the agenda introduced by Saye and Wharton in the
226 Elector Palatine to Elizabeth of Bohemia, ii Nov. i647: P.R.O., TS 23/I (Treasury
Solicitor, miscell., Elector Palatine's correspondence).
227 Late in October, Charles had conferred privately with the earls of Lanark and Lauderdale,
resolving to escape from the army and to journey incognito to Berwick, while the Scot's Com-
missioners used the threat of invasion to exact from parliament more lenient terms for a restoration.
Gilbert Burnet, The Memoires of the lives and action of James and William dutkesof Hanmilton( i677), p.
324. Burnet claimed to have received his information at first hand from Lauderdale.
228 Bodl. Lib., MS Clarendon 30, fo. I75 (letter of intell., 8 Nov. i647).
229
H.L.R.O., MP 6/I2/47, fo. 72r-v. MP i6/I2/47, fos. I25-6. MP 24/I2/47, fo. 46. MP 28/
I2/47, fo. 7iv. Gardiner, Constitutional documents,pp. 335-4I.
230 [Saye], Vindiciae veritatis, pp. 74-5.
236 Characteristically, when Cromwell summoned Wharton to attend his Upper House,
Wharton turned to Saye for counsel as to whether he should accept the invitation. Bodl. Lib., MS
Carte 8o, fo. 749.
237 Merc. Prag., no. I9 (i8-25 Jan. I648), sig. T 2[V] (B.L., E 423/2I).
238 William Lilly, Merliniangliciephemeris
1648 (i 647),' To the Reader', 23 Oct. I 647, sig. A 2V:
'It's a very lye if Wharton swear it'. [John Musgrave], A fourthwordto thewise ([8 June] I647),
pp. 2-5.
239 A letterto the earleof Pembrooke concerning the times (I647), p. I 2. T3hisanti-semiticremark
referred to Saye's reputation as a defender of the practice of usury: see his MS tracts, 'A defence
of Usury, by the Ld Say, I64I ', Cambridge University Library, Add. MS 44/20 (Patrick papers);
and Saye, 'A Tract to Prove that Usuary is Lawful', Queen's College, Oxford, MS Reg. I95, fos.
I 2-20. 240 Merc. Elencticus, no. 2 (5-I2 Nov. I647), p. II (B.L., E 4I4/4).
241 [Saye], Vindiciaeveritatis,p. 76.