God might be fighting with them, but time was against them. It was said — and was a genuine fear even in that victorious army — that if they delayed too long in discussion, they would lose the initiative so the King would have them all hanged. Many still saw themselves as rebels. Gideon Jukes, for one, ruefully remembered hearing how the Earl of Manchester had grumbled after the second battle of Newbury, 'The King need not care how oft he fights. If we fight a hundred times and beat him ninety-nine times, he will be King still. But if he beat us once… we shall be hanged; we shall lose our estates; our posterities be undone.' Even after Naseby, those words had a carrying power. At the time, Cromwell had stormed back, 'If this be so, why did we take up arms?' — which remained an active question.
Citing urgency, Colonel Rainborough argued that reaching a settlement for the future was more important than wasting effort trying to decide what 'engagement' they had had in the past. But Sexby kept plugging away that a contract had existed when they took up arms: 'We have engaged in this kingdom and ventured our lives, and it was all for this: to recover our birthrights and privileges as Englishmen.'
And what are my birthrights and privileges? wondered Gideon Jukes, only a little satirically.
As the Council of the Army deliberated it for him, Ireton clashed seriously with Rainborough and the radicals. What was the Englishman's birthright? As a lawyer Ireton tried rather clumsily to define it: 'their very being born in England — that we should not seclude them out of England, that we should not refuse to give them air and place and ground, and the freedom of the highways and other things, to live amongst us.' He conceded this applied to any man born in England, even though his status at birth gave him nothing of what Ireton called 'the permanent interest of this kingdom'.
'Permanent interest' could only be defined one way by men of Ireton's class. It really meant property, and that was a divisive area. At the conference, the gap between men of property and men with none became very apparent. To vote, a man had to own a freehold with an annual value of forty shillings. For Ireton, this qualification was essential. To earn the right to make decisions about the country, he believed a man should physically own a stake in it: ground, land, buildings, or at the very least membership of a trade guild. To this Colonel Rainborough passionately objected. 'I do hear nothing at all that can convince me, why any man that is born in England ought not to have his voice in election.' Rainborough's argument was that all Englishmen were subject to English laws, so therefore should have a say in what the law was. He snarled bluntly at Ireton: 'To the thing itself: property in the franchise: I would fain know how it comes to be the property of some men, and not of others.'
Gideon Jukes restrained a cheer.
There was much discussion of why the franchise had traditionally contained exclusions. It was agreed that servants, apprentices and beggars had been denied the vote because they were dependent on masters or givers of alms, who could exert influence. Nobody doubted the stubborn independence of the British workforce, but in that hierarchical society men in power believed they had the right to specify how people who depended upon them behaved. At the time elections were public; there was no secret ballot.
Ireton eventually won the argument for keeping a distinction, perhaps because even the humblest soldier needed someone to sneer at. Servants and beggars made good targets.
A man called Cowling, whom Gideon presumed to be a younger son, kept hammering at it: 'Whether the younger son have not as much right to the inheritance as the eldest?… There are men of substance in the country with no voice in elections. There is a tanner in Staines worth three thousand pounds, and another in Reading worth three horse-skins. The second has a voice; the first, none.'
As Henry Ireton bogged himself down trying to answer, Gideon rubbed his chin, stultified by the drone of his voice. With over a hundred men crammed in together, the chancel was extremely warm. Some shifted about, some cleared their throats. The style of the debates was conversational but that had drawbacks. Too many were poor at putting words together, even when their ideas were good. They came from all over the kingdom and all spoke with their local accents, each man distrusting anything that was said in other accents than his own. To a Londoner like Gideon, even other cities — York, Bristol, Warwick, Cambridge, Newcastle — were country huddles, and suspect.
Still a ramrod of self-belief, Ireton dragged to a stirring conclusion: 'A man ought to be subject to a law, that did not give his consent, but with this reservation, that if this man do think himself unsatisfied to be subject to this law, he may go into another kingdom!'
Many heads nodded. Telling foreigners where to go, thought Gideon, who had encountered his share of overseas traders in London, was sure to revive a sluggish audience. To stand firm against aliens' duplicity, their encroachments on trade and their unspeakable dress-sense was as much Englishmen's birthright (Englishmen felt) as air, space, or passage on the highways…
The subject widened to defining liberty. 'If we can agree where the liberty and freedom of the people lies, that will do all,' said Rainborough.
Sexby took the cue: 'There are many thousands of us soldiers that have ventured our lives. But it seems now, that except a man hath a fixed estate in this kingdom, he hath no right in this kingdom. I wonder we were so much deceived. If we had not a right to the kingdom, we were mere mercenary soldiers.' A murmur of support rose among the bare-headed soldier Agitators. 'I shall tell you my resolution: I am resolved to give my birthright to none.'
If there was any point in his knowledge of Edward Sexby when Gideon Jukes admired the man, this was it. There was one thing spoken to this effect: that if the poor and those in low condition were given their birthright, it would be the destruction of this kingdom. I do think the poor and meaner of this kingdom have been the means of the preservation of this kingdom. And now they demand the birthright for which they fought.'
That statement of Sexby's was reinforced by Thomas Rainborough, the most senior officer to support such ideas. He now made his own defining speech:
'I think that the poorest he that is in England hath a life to lead, as the greatest he. And therefore truly, sir, I think it's clear that every man that is to live under a government ought first by his own consent to put himself under that government. And I do think that the poorest man in England is not at all bound in a strict sense to that government that he hath not had a voice to put himself under.'
These were challenging principles, and they were too strong for the army's leadership. In a military force, which relied on tight discipline, allowing independence to all ranks was doubly dangerous. For the first three days of the debates Gideon, as a printer, had particularly noticed that William Clark, one of the civilian secretaries to Sir Thomas Fairfax, was present in his robe and skullcap, furiously taking down verbatim whatever was said. Subsequently, he took fewer notes and these were only fragmentally published. In the end, news of the debates was censored altogether. Gideon heard that Cromwell had the last transcripts formally destroyed. At the same time, checks were tightened up and since Gideon was not an Agitator, he felt it best to return to his regiment.
After the 5th of November, Fairfax, who had recovered from his illness, took over the chair. A committee was formed to co-ordinate all the papers under discussion, a committee which included both Rainborough brothers, Sexby, Cromwell and Ireton. Thomas Rainborough took time out to visit the Leveller John Lilburne in the Tower of London, their first meeting. It supposedly lasted for two hours and led the Royalist spy at the Tower, Sir Lewis Dyve, to inform the King that Rainborough was likely to become head of an army faction that would purge Parliament to further the Levellers' ideals. Thomas Rainborough began to be seen as a dangerous man.