[1661/1/440]*[print] [email] [cite] [preceding] [following]
Anent the supplication presented to the estates of parliament by Robert Menzies, fiar of Enoch, mentioning that he, being by his mother's contract of marriage with James Menzies of Enoch, his father, provided to his whole estate, after whose death the said James Menzies of Enoch, the better to advance him to a second marriage, did make the said contract away and exposed the petitioner and the rest of the children of that marriage to the charity of friends for entertainment and education, and finding that his father had conveyed and contracted the estate in liferent and fee to his last lady and her children, the petitioner was, with advice of his friends, necessitated to enter in an unnatural plea with his father, and in order thereunto did intend process of exhibition of his mother's contract against his said father before the sheriff of Dumfries who thereupon, by himself and his procurators having compeared, and being conscious of the truth of the claim, did most ingenuously declare the tenor of the said contract, but though it bore that old Enoch should provide the heirs to be gotten between him and Anna Dalziel, the petitior's mother, of the purchase during the marriage and all that he had during the time of the marriage and contract, in contemplation of the which he did heartily make offer of 400 merks yearly to be an aliment during his own lifetime to the said Robert Menzies, his son, as an act made upon the judicial acknowledgement 30 July 1658, at more length bears. Likewise, by a decreet arbitral passed between the said James Menzies, elder of Enoch, and the petitioner, dated 24 July 1659, proceeding upon a submission, whereby both parties did submit the claim, and controversy standing between them, especially anent that right and infeftment of fee of the said James Menzies's land and estate should be made to the petitioner's eldest lawful son, the judges arbiters therein nominated, after hearing both of their claims, did decree and ordain the said James Menzies, elder, to duly and lawfully infeft and seise the petitioner in all the lands he has and presently possesses, and that between the date foresaid of the said decreet and 1 October next thereafter in 1659, under the pains and with the reservations contained in the said decreet arbitral, as the same of the date foresaid bears. And albeit it be of verity that the said Robert Menzies has often and diverse times required his father to make payment of the said 400 merks yearly of aliment during his father's lifetime, conforming to the said judicial offer and obligation, and also to fulfil the said decreet arbitral, and to infeft him in the fee of his estate, nevertheless, the said James Menzies still refuses and, therefore, craving the said James may be decreed, not only to make payment of the said 400 merks of all years and terms resting owed since the date of the said judicial act and in time coming, but also to infeft and seise the petitioner in the estate foresaid, as the supplication bears. And anent the warrant issued thereupon and charge given by a messenger of arms to the said James Menzies personally apprehended, to have compeared before the lords of the articles and answered to the said supplication, and to have heard and seen the desire thereof granted or else to show a reasonable cause to the contrary, which being called and the said pursuer compearing and the defender being often called and not compearing, and the lords of the articles having appointed [James Livingstone], earl of Callander, [Sir Archibald Stirling], lord Garden and [Sir James Livingstone], laird of Kilsyth to take trial of the business and to report; who, having considered the supplication above-written with the verifications thereof and executions of the citation and made their report thereupon, which being taken into consideration by the estates of parliament, and they being therewith well and ripely advised, the king's majesty and estates of parliament decrees and ordains the said James Menzies of Enoch to make payment to the said Robert Menzies of the above-written aliment of 400 merks yearly, and that of all years and terms resting unpaid since the date of the said judicial act upon 30 July 1658, and in time coming during the said James's lifetime and free of all public burdens, without prejudice always to the said Robert to insist upon the decreet arbitral for the implementation thereof according to the law, and ordains letters of horning to be directed hereupon on fifteen days etc.