This is the document which on the face of it shows that John Marjoribanks, father of Samuel and thereby ancestor of the Banks branch of the Family, lost his entire property to James Ramsay by virtue of having defaulted on a bond in the sum of £411.10s. sterling given to ramsay in 1780. However, there are several difficulties, notably that John was not in possession of the property in 1780 and can only have been borrowing on the strength of his expectations. Further discussion of this point must await the transcription of at least one of the further documents available.

There is a further point that apparently John had not actually surrendred his propery as lat as 1789, by which time he had left for America. This is probably accounted for by the fact that the Sasine appears to be conditional, i.e. Ramsay was "putting down a marker."

The language is extremely convoluted and at times so ungrammatical as to be incomprehensible; it is made worse by the fact that lawyers have a habit of omitting punctuation. However, the general drift is clear. After a brief introduction a very long section recites in rather confused form the terms of the Bond of 1780. There follows an instruction from the Notary to the local Bailie to perform the physical act of giving Ramsay seisin and finally an account of this procedure being carried out before the necessary witnesses (note that one of them is Sam, at this time aged 16).

I'll try to deal with any queries, but quite a lot of it depends on a much greater knowledge of Scottish legal practice than I possess!

Kincardine

Seisin in favor of James Ramsay

At Stirling the foresaid day the seisin underwritten being presented by said John Smith is registered as follows viz. In the name of God amen. Know all men by this present public Instrument upon the twelfth day of April in the year of our Lord one thousand seven hundred & eighty seven and of the reign of our sovereign Lord George the Third (etc., etc., etc.,) the twenty seventh year. In presence of ane Notary Public and witnesses here named subscribing compeared personally upon the grounds of the lands of after mentioned James Ramsay tenant in Boquhaple Having and in his hands holding an heritable Bond of relief of the date underwritten made and granted by John Marjoribanks Dyer in Thornhill for his favours and whereby the said John Marjoribanks for the causes therein specified bound and obliged him and his heirs to warrant free relieve harmless and skaithless keep the said James Ramsay his heirs and successors of and from the payment of the several fees therein mentioned and the sums of money therein contained amounting to four hundred and eleven pounds ten shillings sterling and of all cost skaith (= scathe, "harm") damage or expences should happen sustain or incur there through in any manner of way and for that purpose to make payment of the high principal sums contained in said bills to the holders thereof when they severally become due and to delivered up to the said James Ramsay his name cancelled from as if registered to deliver in valid and sufficient discharge to him and his foresaids or other ways to make payment to the said James Ramsay & his foresaids of the foresaid principal sums in said bills as they respectively fall due in order that they might operate their relief under the penalty of eighty pounds over and above performance and for the said James Ramsay and as aforesaid that better security and relief of the said several sums of money extending to four hundred and eleven pounds ten shillings sterling annual rents and expences that might be due thereon. He the said John Marjoribanks bound and obliged him his heirs and successors upon their own proper charges and expence duely and lawfully to infeft and sease the said James Ramsay his foresaids heritably under the provisions and conditions aforementioned In all and whole that acre and one fourth part of an acre of land in the lands of Kings Boquhaple lying at the west end of the town of Thornhill on the north side of the street thereof within the barony of Kings Boquhaple parish of Kincardine and stewartry of Monteath and bounded betwixt the said high street of Thornhill on the south the common loan on the west a dyke dividing it from the bog on the north & part on the east and the half acre feued out by Alexr. Spittal weaver on the rest of the east parts with the peat houses barn malt kiln yard and dykes erected on said lands and with free ish and entry to and from the same together with liberty of quarry craig feal divot and mortar for building and upholding the houses yard and dykes built thereupon where the same can most conveniently be spared within the bounds of the lands of Kings Boquhaple with free ish and entry thereto for loading the same and for leading of the peats from the moss of Kings Boquhaple upon the common causeway to the houses built upon the ground above mentioned and which lands and others were feued and disponed to Samuel Marjoribanks his father by James Drummond of Blair Drummond superior thereof and were disponed by his said father to him and John Marjoribanks and comprehending within the boundaries said acre and one fourth acre of land all & heal the ground houses barn malt kiln stable and yard as sometime belonging to and possessed by the deceased John Marjoribanks feuar in Thornhill and which were disponed to him by the sd. John Marjoribanks father (I think this must be a mistake for "feuar") and afterwards disponed to him by the said John Marjoribanks trustees and that in real security and relief to him the said James Ramsay of the sums of money above mentioned contained in the several bills therein narrated so that if it should happen him or his foresaids to pay or be distressed for the payment of the same or any part thereof then & immediately thereupon he and they shall have full free access to the lands and others above mentioned with the (illegible, but clearly = "powers" or word of similar meaning) to sell leases thereof (illegible) and (illegible) tenants and uplift the maills (= "rents") & duties of the same at least of so much thereof as should correspond to the said distress when it should happen and to the expences and damages that he and his foresaids should sustain thereby to be from them peacefully possessed by him ay and untill they be sufficiently freed and relieved of the said several sums of money therein and before mentioned and that by two several infeftments so distinct manners of holding as therein mentioned Providing always as it is thereby expressly provided and declared and appointed to be signified in the infeftment to follow thereon that the entry to the lands and others and the uplifting of the maills and duties thereof by virtue of the said bond and infeftment to follow thereupon shall stand suspended until such time as the said James Ramsay or his foresaids pay or be distressed for the payment of the sums of money above mentioned or any part thereof but to be enjoyed by him and his foresaids from thenceforth ay and until they be freely freed and relieved of the said several bills and sums of money therein contained above mentioned and fully paid of all interest damages and expences that they should happen to sustain or incurr therethrough in any manner of way either by the said John Marjoribanks or his heirs or by their intromission with the rents duties and casualties of the lands and others above mentioned in case they accept of their payment in this last way. And that how soon the same is wholly paid up the said James Ramsay and his foresaids should be holden and obliged to renounce and overgive to and in favour of him the said John Marjoribanks and his foresaids and at their expence the whole lands and others particularly before specified omni habile modo quod quod and with warrandice (= Guarantee) from their own proper facts and deeds and declaring Akeways (?) as it is thereby expressly provided and declared that the using diligence on the personal obligation therein and before written or upon the bills therein narrated either against him the said John Marjoribanks or the acceptors thereof by horning (= "outlawry") inhibition adjudication or other ways should not hurt or infringe the infeftment to follow therefrom but that the same with such diligence should stand and subsist as cumulative and carrobative (?, possibly = "corroborative") rights and securities for the foresaid sums until the complete payment thereof without any hazard of confusion or innovation of rights as the said heritable Bond of relief containing finery (illegible) of Resignation clause of absolute warrandice assignation to the rents and duties writes & evidents of said subjects the precept of seisin after insert and sundry other clauses in itself more fully bears which heritable Bond of relief containing as said is (?"by" omitted) the said James Ramsay Exhibited or presented to James Drummond son of Archibald Drummond horse dealer late at Chappel of Boquhaple Baillie in that parish by the said precept of seisin to effect as specified specially constitute Decerning and requiring him to execute the office of Bailiery thereby committed (?) to him Which decern the said bailie finding reasonable he accepted thereof and received the said Bond of relief into his hands and delivered the same to me Notary Public to be read and published in presence of the witnesses subscribing which I accordingly did and of which precept of seisin contained in the said whole (?) Bond of relief (illegible) follows Viz.

Allow (?) to the effect the said James Ramsay and his foresaids may be (illegible) and seased in the foresaid lands and others with the pertinents I hereby desire and require you and all of you conjunctly and severally my baillies in that part foresaid specially constituted That on sight hereof you go to the grounds of the said lands and others and there give and deliver heritable state and seisin actual real and corporal (illegible) to the said James Ramsay of all and whole the foresaid acre and one fourth part of an acre of the lands of Boquhaple with the houses barn malt kiln yards and heal other pertinents lying bounded and described in (illegible) particularly before mentioned here held as repeated brevitatis causa (= for the sake of brevity) in real security and relief to the said James Ramsay and his foresaids of the sums of money interest and expences before mentioned and thereby delivery to him or to his or their certain attorney or attorneys in their names branch (?) hereof of Earth and Stone of the ground of the said lands and all other symbolls requisite and necessary But always with and under the conditions and cautions particularly before specified and which are hereby appointed to be ingrossed in the infeftment thereon and Declaring likeways as it is hereby expressly Provided and Declared that if within three months the said James Ramsay shall pay or be distressed for the payment of all or any part of the foresaid sums hit (?) to relieve him thereof then and in that case it shall be lawful to and in the power of the said James Ramsay and his foresaids immediately after the expiration of the said three months and without any intimation to me and foresaids or precept of law to that effect to sell and dispose on the foresaid lands houses and others with the (illegible) before mentioned in whole or in lotts and that either by public roup (= "auction") or private bargain as they shall outline (?) on previous advertisements weekly for at least five weeks thro the town of Stirling and at the two (illegible) next adjacent to said lands they being always bound upon payment of the price given therefore to give account and reckoning to me and my foresaids for the same after deduction of the foresaid several sums or what (illegible) thereof shall be advanced by them whole (?) interest that shall become due therefrom and prices and other charges incurred by them and all other expences laid out either in securing themselves by (illegible) or other ways upon these presents or in the sale of the said lands and others and for that end to enter to articles of roup grant dispositions containing (illegible - poss. "priory") of Resignation assignation to the writes & evidents as to the rents mails and duties Precept of sasin and clause binding me and my heirs in absolute warran(dice) as is requisite and necessary by the laws of Scotland for rendering the said sale effectual in the same cause (?) and as amply in every respect as I could do myself Declaring that the purcha(se)r or purchasers shall all (?) ways concerned with the application of the price or any of the conditions herein mentioned but that the sale shall be equally good and sufficient to him and them as if myself had made it. And also declaring that in carrying the said sale into execution it shall be lawful to the said James Ramsay and his foresaids to prorogate and adjourn order of sale from time to time as they shall think proper previous advertisements being made at Stirling at the hook (?) doors as above directed, And I bind and oblige me and my foresaids to ratify approve of and confirm any sale that shall be made in consequence hereof and to grant absolute and irredeemable dispositions of the foresaid lands houses and others with the pertinents before mentioned to the purchaser or purchasers or heirs and assignes and to execute and deliver all other deeds and writings that shall be thought necessary (illegible) their rights complete And this on no ways ye leave undone which to do I command you con(junc)tly and severally my Baillies in that part foresaid full power by this my Precept directed to you for that effect

In witness thereof these presents written on this and the three preceding pages of stamped paper with the marginal (? - could be "original") note on the first page by George Brown Writter in Stirling are subscribed by me at Thornhill the 27th (?) day of April in the year Seventeen hundred and eighty Before these witnesses David Wishart surgeon and feuar in Thornhill and the said George Brown signed John Marjoribanks David Wishart witness George Brown witness After reading and publishing of which heritable bond of relief and precept of (illegible) therein contained above inserted the said James Drummond baillie foresaid received the same tack into his hands and by virtue thereof and of the office of Bailiary thereby committed to him gave and delivered heritable (illegible) actual real and corporal possession to the said James Ramsay of all and whole the foresaid one and one fourth part of an acre of land of the lands of Kings Boquhaple with the houses barn maltkiln yards and heal other pertinents lying bounded and described as particularly beforementioned and here held as specified brevitatis causa in real security and relief to the said James Ramsay and his foresaids of the sum of money interest and expences before mentioned. And that by delivering to him personally present of Earth and (stone) of the ground of the said lands and all other symbolls requisite and necessary after the form and tenor of the said heritable Bond of relief and precept of seisin therein contained above mentioned in all points and always with and under the conditions and provisions particularly therein and above specified those in and upon all and sundry the premisses the said James Ramsay asked and took instruments in the hand (?) of me Notary public subscribing. These things were so done upon the ground of the said lands respectively and successively after others betwixt the hours of six and seven of the clock in the morning of the day month year of God and Kings reign first above written In presence of David Wishart surgeon and feuar in Thornhill and Samuel Marjoribanks son to the said John Marjoribanks residing in Thornhill witnesses specially called and required to the premisses (illegible) Georgius Brown clericus Edinburgensis Diocesius ac notarius publicus auctoritate regali ac per Dominos concilii et (illegible) secundum tenorem acti parliamenti admissus quia praemissis omnibus et singulis dum me appromittitur dicerentur agerentur et fierent (?) una cum quia nominatis (illegible) praesens personaliter interdiu (?) eaque omnia et singula premissia sic fieri et dici vidi sum et audivi. Ac in notam cepi Ideog: hoc praesens publicum Instrumentum super hac et precedentibus duabus paginas fideliter scriptum exinde confeci et in hanc public instrumenti formam redigi signoque nomine et cognomine meis solitis et consuetis signavi et subscripsi in fidem robur et testimonium veritatis omnium et singulorum premissorum rogatus et requisitus sic subr. (illegible) George Brown Ws. Samuel Marjoribanks witness David Wishart witness.

Note:- The Latin at the end is not only difficult to read but somewhat corrupt. It means, however, more or less as follows:- George Brown clerk of the Diocese of Edinburgh and notary public by royal authority and through the Lords of the Council and according to the meaning of the Act of Parliament that I should be present at all the proceedings together with the nominees (to) witness personally what is said done and takes place I have thus, personally present throughout, seen and heard what was done and said. And I took a note in my own hand of this present public Instrument written on this and the two preceding pages and rendered it into this form of a public instrument and signed and subscribed to it with my seal and usual and accustomed name and forename as regards its fidelity validity and witness of the truth of all and each of its premisses as requested and required thus subscribed George Brown Writer Samuel Marjoribanks witness David Wishart witness.

These are all building materials; "Craig" is stone lying loose rather than quarried, but I cannot trace "feal."

In all convenient method whatever

This 1st person must here and throughout be George Brown - presumably representing the overlord.

This barely legible word (perhaps "bunch") must refer to the physical transfer of material involved in the ceremony of giving seisin.

Tenure - in this case document regulating tenure.