House of Commons Journal Volume 6: 13 December 1650

Die Veneris, 13 Decembris, 1650.

Prayers.

General Ludlow's Accompt.

MR Long reports the Accompt of Lieutenant General Ludlow: Which was this Day read; viz.

In Obedience to an Order of this honourable House, of the Nineteenth of July last, 1650, we have examined the Accompt of Edmond Ludlow, Lieutenant General of the Parliament's Forces Ireland, for the Pay he demands as due for his Service done to the Parliament, in the several Qualities hereafter mentioned; and also for and concerning all such Monies as he hath paid and disbursed for the Service of the State; and also all such Monies and Goods as he acknowledgeth to have received for and towards the same; as followeth; Viz.

The said Lieutenant General hath not produced to us any Commission, Certificate, or Muster Rolls, whereby his actual Service in the said several Qualities might appear; the said Lieutenant General affirming to this Committee, that all the said Vouchers were taken by the Enemy when Wardor Castle was surrendered, and when his Quarters were fallen upon at Sarum.

Also the said Lieutenant General craves Allowance of Monies by him disbursed, at several times, to Officers and Soldiers, for their Pay, and otherwise for the Service of the Forces under his Command, viz.

The said Lieutenant General hath not produced to us any Acquittance, or other Vouchers, whereby the Payment of the said Sum of Two thousand Seven hundred and Ninety-six Pounds Nine Shillings and Four-pence might appear, as in his Account is expressed; he affirming the same were taken by the Enemy at the Rendition of the said Castle.

Memorandum, We have not cast up the Pay which the said Lieutenant General demands for Six Horses, as he was Captain of a Troop of Horse, amounting to Five hundred and Nine Pounds Five Shillings; because it hath not appeared to us by any MusterRolls that he kept the said Horses.

Besides what is above acknowledged to have been received, the said Lieutenant General acknowledgeth, that of the Money, Plate, Jewels, &c. that were found by some of his Soldiers buried in the Walls of Wardour Castle, there came into his Hands to the Value of about Twelve hundred Pounds.

Sir John Danvers Knight, John Dove and Edward Ash, Esquires, certify under their Hands, 31 Julii last past, That the said Lieutenant General Edmond Ludlow was Governor of Wardour Castle, from the Third Day of May 1643 to the Five-and-twentieth Day of March following; for which we have not cast up any Pay in this Accompt, there being no Establishment for allowing thereof: All which we humbly submit to the Consideration of this Honourable House.

Resolved, by the Parliament, That the Sum of One thousand Five hundred Eighty-two Pounds Six Shillings and a Peny, be and is hereby allowed of as due from the State to Lieutenant General Edmond Ludlow upon his Account.

Resolved, That the Sum of Five hundred and Nine Pounds Five Shillings be allowed unto the said Lieutenant General Ludlow for Six Horses, as Captain of a Troop of Horse.

Resolved, That the said Lieutenant General Ludlow be, and is hereby, discharged of and from the Money, Plate, Jewels, &c. that were found buried in the Walls of Wardour Castle, which came to his Hands, to the Value of about Twelve hundred Pounds; and of and from any further Account for the same.

Resolved, That the said several Sums of One thousand Five hundred Eighty-two Pounds Six Shillings and a Peny, and Five hundred and Nine Pounds and Five Shillings, amounting to Two thousand Ninety-one Pounds Eleven Shillings and a Peny, be hereby allowed to the said Lieutenant General Ludlow, out of such Estates of Delinquents as shall be exposed to Sale: And that the Trustees, Contractors, and all other Officers for Sale of the said Lands, be authorized and required to allow unto the said Lieutenant General Ludlow, or his Assigns, in any Purchase of any of the said Lands, the said Sum of Two thousand Ninety-one Pounds Eleven Shillings and a Peny, as Money doubled and upon those Lands, accordingly.

Letter read.

A Letter from Colonel Sidnam, Governor of Carisbrook Castle, of 11 Decembris 1650, was this Day read.

Resolved, That it be referred to the Council of State, to consider of the said Letter; and proceed thereupon as they shall think best for the Good of the Commonwealth.

Delinquents Estates.

Resolved, That the Report be made from the Committee for the Bill for Sale of Delinquents Lands, on Tuesday next; nothing to intervene.

Reports deferred.

Resolved, That Thursday next be appointed for the Reports to be made from the Committee of the Navy, the first Business; and nothing to intervene.

Divorces, &c.

Resolved, That Mr. Hill do report the Bill touching Divorces, &c. on Wednesday next, at Eleven of the Clock: And that Mr. Speaker do then take the Chair.

Law Proceedings.

Mr. Marten reports from the Committee for regulating the Proceedings in the Law, certain Votes of that Committee.

Which were read; and are as followeth:

"Resolved, by the Committee, That, in Assurances of Land, common Recoveries shall be taken away."

"Resolved, by the Committee, That, in Assurances of Lands, Fines be likewise taken away."

"Resolved, by the Committee, That a Deed inrolled in the County where the Land lies shall be as effectual in the Law, to all Intents and Purposes, as a Fine and Recovery, or either of them, according to the Agreement of the Parties expressed in the same Deed."

"Resolved, upon the Question, by the Committee, That, in personal and mixed Actions, the Writ of Capias upon mean Process be wholly taken away."

"Resolved, &c. by the Committee, That, instead of the Capias, Use shall be made of an original Writ, which may express the Name of the Plaintiff, and the Cause of Action."

"Resolved, by the Committee, That the original Writ, viz. the Writ of Summons, shall issue out of that Court where the Plaintiff lays his Action."

"Resolved, by the Committee, That the Summons shall issue out under the Seal of that Court, to be kept by such Officer or Officers as the Judges there shall design for that Purpose."

"Resolved, by the Committee, That, before this Writ of Summons be awarded, the Plaintiff put in sufficient Security to prosecute his Suit; and to answer Costs, in case he do not prove his Action."

"Resolved, by the Committee, That the Three Votes of this Committee, of the First of November, be reported to the Parliament by the Chairman."

"Resolved, by the Committee, That the Fee, called Damna Clericorum, or Damage Clear, be from henceforth utterly taken away."

"Resolved, by the Committee, That this Vote be reported to the Parliament."

"Resolved, by the Committee, That all the Votes, formerly passed, concerning the Capias, &c. be likewise reported to the Parliament, by the Chairman."

Resolved, by the Parliament, That the House do proceed with the last Vote in the said Report first.

Resolved, by the Parliament, That the Fee, called Damna Clericorum, or Damage Clear, be from henceforth utterly taken away.

Resolved, by the Parliament, That, instead of the Word "henceforth," these Words, "and after the First Day of January 1650," be inserted into the last Vote.

And so it was Resolved, by the Parliament, That the Fee, called Damna Clericorum, or Damage Clear, be, from and after the First Day of January 1650, utterly taken away.

Resolved, by the Parliament, That an Act be brought in upon the last Vote: And that Mr. Marten do bring in an Act for this Purpose, on this-day-sevennight.

The House, according to former Order, adjourned itself to Tuesday Morning next, Eight of Clock.