1785 Sasine
I (JWG3) pasted the following from a file (1785 Sasine.wps) in the files section of the MbanksPerth list at YahooGroups.  I failed to get it all, so this page is under construction.
This is the sasine by which the Springfield property is transferred into the hands of John (F)'s trustees.  Note that before 1783 John (B) is not among their number, though the phrasing makes clear that he had a personal interest in the property.  - no doubt he was the residuary legatee.  It also appears that the final version of the sasine was not actually executed for a couple of years after it had been drawn up; probably John (F) was by now either on his death-bed or even recently dead and it was necessary for this sasine to be executed before John (B) could formally inherit.

Seisin in favour of John & Andrew Marjorybanks & Robert Downie

At Stirling the fifth day of July Seventeen Hundred and Eighty five years The seisin underwritten Being presented by the said Robert Belch is registered as follows viz:-

In the Name Know all men by the present publick instrument That upon the ninth day of May (Seventeen) and Eighty five years And of the reign of our Sovereign Lord George the Third (etc., etc., etc.) the twenty fifth year In presence of ane Notary Publick and witnesses afternamed subscribing compeared John Marjorybanks Dyer in Thornhill for himself and as Pr(ocurat)or for and in name of Robert Downie distiller at Spittaldown and Andrew Marjorybanks feuar in Thornhill as also compeared Alexander Malcolm maltman in Thornhill Bailie in that part specially constituted by the precept afterworded (?) and fast (?) with us to the ground of the subjects aforementioned And how (?) the said John Marjorybanks for himself and as Pr(ocurat)or and attorney foresaid Having and Holding in his hands an extra settlement and Trust right bearing date the fourth day of March Seventeen Hundred and Eighty years with an addition thereto bearing date the fifteenth day of February Seventeen Hundred and Eighty three years inset and Registrate in the Sheriff Court Book of Stirling here upon the twelfth day of March Seventeen Hundred and Eighty four years Made and Granted by John Marjorybanks feuar in Thornhill Whereby he, for the causes end and purposes therein specified sold and disponed to and in favour of Isobel Leckie his spouse, James Marjorybanks feuar in Boquhapple (both since deceased) George McKerracher in Ward of Goodie and the foresaid John Marjorybanks Andrew Marjorybanks and Robert Downie or such of them as should accept or survivor of them, all and whole that acre of land of ye lands of Kings Boquhapple whereon houses are now built and the rest of the grounds turned into a garden,disponed to the said John Marjorbanks feuar by disposition dated the fourth day of April Seventeen Hundred and Thirty one years by James Drummond of Blairdrummond, lying bounded and described as mentioned in the said disposition with the whole parts & pertinents thereto belonging and priviledges in the said John Marjorybanks's favors by the said Right Excepting therefrom what part of the said subject sold to Alexander Davie Baker in Thornhill As Also all and whole the ground houses barn maltkiln stable and yard possessed by the said John Marjorybanks feuar himself and which were disponed to him by Samuel Marjorybanks his brother By his disposition day of October Seventeen Hundred and Fourty nine years And Bounded matched (?) and marched conform to the said disposition As the said Extract Settlement Trust right and addition containing obligement to infeft proxy of resignation clauses of warrandice with the precept of seisin in the end thereof after inserted and several other clauses more fully bears (?) Which Extract Settlement and Trust right containing as said is, with the addition foresaid, the said John Marjorybanks dyer for himself and as Pr(ocurat)or and Attorney foresaid for the said Andrew Marjorybanks and Robert Downie as the only accepting trustees Exhibited and presented to the said Alexander Malcolm in that part foresaid desiring and requiring him to proceed to the due execution of the office of Bailliery thereby committed to him which desire the said Ballie finding to be reasonable He accepted and received the said Extract of Disposition & Trust right into his hands and delivered to me the said Notary Publick to be read and published by me to him and the witnesses bystanding Which I accordingly did and the Tenor of the precept of seisin contained in the said Extract Trust right and settlement Together with the foresaid additions follow in these words Viz:- To my Lordes (?) ............................ and ilk ane of you conjunctly and severally my Baillies in that part hereby specially constituted It is my will and and I desire and require you that incontinent (= immediately) these foresaids seen ye pass to the ground of the foresaid lands and there give and deliver heritable state and seisin real actual and corporal possession of all and whole the subjects before mentioned pertinents and priviledges thereto belonging and lying bounded and described as in the writtings before referred to the said Isobel Leckie my spouse in liferent and to James Marjorybanks Portioner of Boquhapple, Andrew Marjorybanks feuar in Thornhill and Robert Downie Tenant in Spittaldown my trustees foresaid in trust or to their certain attorney or attornies in her or their names for their different interest of liferent and trust as before specified bearers hereof and that by delivery to them of earth and stone of the foresaid subjects pertinents and priviledges thereto belonging with other symbols requisite always with and under the reservation provisions and Burdens before exprest And this on no ways ye leave undone The which to do I committ to you conjunctly and severally my Baillies in that part foresaid my fully power in witness hereof I subscribe these presents wrote upon this and the three preceeding pages of stampt paper by George Downie writer in Edinburgh At Thornhill the twenty fourth day of March Seventeen Hundred and Eighty years Before these witnesses Alexander Davie Baker in Thornhill Archibald Horn officer of Excise there and the said George Downie (signed) John Marjorybanks Alex Davie witness Arch Horn witness Geo Downie witness (follows the addition) upon the further consideration and in virtue of the reserved power to alter I thereby exclude James Marjorybanks before designed from being one of my trustees and add to Andrew Marjorybanks and Robert Downie John Marjorybanks in Thornhill and George McKerracher in ward of Goodie with the power to the major part of them accepting to execute the Trust of the foregoing deed and I hereby convey to them or quorum of them foresaid my real and personal subjects therein mentioned in the same way as if they had been specially named therein and command that this addition be registrated and insert in the infeftment to follow hereon In witness whereof these presents wrote by Robert Mackillop Clerk to William Mackillop writer in Stirling and subscribed by me at Thornhill the fifteenth day of February Seventeen Hundred and Eighty three years before these witnesses John Ferguson my son and Alexander Malcolm in Thornhill (signed) John Marjorybanks John Ferguson witness Alexander Malcolm witness After the open reading and publishing of which Extract settlement and Trust right with the precept of seisin above inserted therein contained with the addition thereto also before narrated the said Alexander Malcolm baillie by virtue thereof and of the office of Bailliary thereby committed to Him Gave and delivered hereat state and seisin with real actual and corporal possession of All and Whole the subjects before mentioned pertinents and priviledges thereto belonging Lying Bounded and described in the writtings before referred to, To the said John Marjorybanks Dyer Robert Downie and Andrew Marjorybanks as the only accepting Trustees foresaid and that by delivering to the said John Marjorybanks for himself and as Pr(ocurat)or and Attorney for and in name of the said Andrew Marjorybanks and Robert Downie of earth and stone and other symbols necessary of and upon the Ground of the said subjects as use is thereupon and upon all and sundry the premises the said John Marjorybanks for himself and as Pr(ocurat)or and attorney foresaid for the said Andrew Marjorybanks and Robert Downie asked and took instruments in the hand of me the said Notary Public subscribing These things were so done upon the ground of the said subjects respectively and successively after others betwixt the hours of Eleven and twelve o'clock in the forenoon of day month year of God and King's reign first above written Before and in Presence of William Gilchrist Journeyman Dyer to the said John Marjorybanks and David McLay his apprentice witnesses specially called and required to the premises Et ego vero Joannes Burn Clericus Edinburgensis diocesio ac notarius publicus auctoritate regale ac per dominos concellii et sessiorus secundum tenorem acti parliamenti admissus quia framises (?) omnibus et singulis dum me ut premittitus dicerentur agerentur et fierent una cum praenominatis testibus presens personaliter interfui eaque omnia et singula premissia sic fieri et dici vidi scivi et audivi et in notam cepi ideoque hoc presens publicum instrumentum / manu aliena super pergamine diluta (?) impressa fideliter scriptum ac per me et testes prenominat(os) subscript(os) / exinde confici ac in hanc publici instrumenti formam redegi signoque nomine et cognomine meis solitis et consuetis signavi et subscripsi in fidem robur et testimonium veritatis omnium et singulorum praemissorum rogatus et requisitus / signed / (phrase illegible) Joannis Burn W.

Translation of Latin para:- And I truly John Burn admitted as clerk in the diocese of Edinburgh and notary public by royal authority and through the lords of the Council and in session according to act of Parliament (perhaps = for each and every purpose) while it was committed to me to witness what was said done and happened was personally present with the foresaid witnesses and thus saw knew and heard all and each of the proceedings and took as notes and by the same token made up this present public instrument (faithfully written in a different hand on an obsolete (?) document) and reduced it into this form of a public instrument and signed and subscribed it with my seal (and) usual and accustomed name and forename as faith confirmation and witness of the truth of all and each of the proceedings as requested and required / signed John Burn Writer.

Possibly "of God" omitted.
This is surely a mistake - I hope!
Portioner = proprietor of a small piece of land, a portion of an original 40 merkland. Actually son-in-law - the registers suggest that there was considerable connection between these two families. public instrument and


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This page was put on the web 9 May 2002.
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James W. Green III.


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