[1641/8/449]¹

Ratification in favour of [James] Somerville of Drum

Our sovereign lord and estates of this present parliament ratify, approve and confirm the charter after-specified, made and granted by the late Robert [Stewart], commendator of Holyroodhouse and convent thereof, with advice and consent of the late Sir James Dennistoun, sometime vicar of Liberton, to the late Master John Moneypenny, his heirs and assignees, of all and whole a husband land with houses and buildings thereof belonging to the said vicar of Liberton, with their pertinents, which the said late Master John then possessed and had in assedation, lying within the town and territory of Gilmerton and sheriffdom of Edinburgh, to be held of the said commendator and his successors, abbots and convents of the said monastery in feu ferm and heritage, for yearly payment to the said vicar and his successors of the sum of 40s usual money of Scotland as the duty due before the said infeftment, with the sum of 13s 4d money foresaid in augmentation, extending in the whole to the sum of 4 merks at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, as also the said late Master John's heirs doubling the said feu duty the first year of their entry to the said husband land, containing provision that if it should happen the said late Master John's heirs and assignees to fail in payment of the said sum by three terms together, so that two terms run in the third unpaid, then and in that case the said charter to become null, as the same, dated 6 November 1559, bears, with the charter of confirmation granted thereupon by the late Henry and Mary, by the grace of God, king and queen of Scotland, ratifying and confirming the same at length word by word, as the said charter of confirmation, dated 8 February 1566, also more amply bears. Item, the charter of alienation of the said husband land granted by Patrick Moneypenny of Pilrig, grandson and heir of the late Patrick Moneypenny, to Mungo Short at Cavock Mill, to be held in manner foresaid, dated 24 July 1612. Item, another charter of alienation of the said husband land granted by the said Mungo Short to William Short, his eldest son, his heirs and assignees whatsoever, to be held in manner specified therein, dated 6 September 1634. Item, another charter of alienation of the said husband land granted by the said William Short for himself and taking burden on him for Agnes Spindie, his spouse, and the said Agnes for herself, with his consent, to his majesty's beloved James Somerville, fiar of Drum, and Lillias Bannatyne, his spouse, their heirs and assignees, dated 20 January 1636; together with the charter of confirmation granted by Master David Lindsay, late pretended bishop of Edinburgh, with consent of the dean and chapters thereof, to the said James Somerville and Lillias Bannatyne, ratifying and confirming the said three charters of alienation in the said husband land, as the same, dated 3 February 1636, purports; with the charter of feu ferm granted by the said Master David Lindsay, with consent foresaid, to the said James Somerville and his said spouse and their foresaids of the said husband land, dated 25 April 1636, together with the instrument of sasine following thereupon, together also with all and sundry other charters, precepts, instruments and writs made and granted to the said James Somerville of Drum, his said spouse, their authors and predecessors, of and concerning the said husband land, with the pertinents thereof, of whatsoever dates, tenors or contents the same be of or bears in all and sundry heads, articles, clauses, conditions and circumstances whatsoever therein specified and contained, with all that has followed or shall happen to follow thereupon, after the form and tenor of the same in all points.