Judicial proceedings: decreet
Decreit in favours of Robert Menzies of Enoch

Anent the supplication presented to the estates of parliament be Robert Menzies, fiar of Enoch, mentioning that he, being by his mother's contract of mariage with James Menzies of Enoch, his father, provydit to his whole estate, after whose decease the said James Menzies of Enoch, the better to advance him to a second mariage, did make the said contract away and exposed the petitioner and the rest of the childrein of that mariage to the charitie of freinds for intertainment and education, and finding that his father had disponed and contracted the estate in lyverent and fie to his last ladie and her childreen, the petitioner wes, with advice of his freinds, necessitat to enter in ane unnaturall pley with his father, and in order therunto did intent processe of exhibition of his mother's contract against his said father befor the shirreff of Dumfreis who therupon, by himselff and his procurators haveing compeired, and being conscious of the truth of the clame, did most ingenuouslie declare the tenor of the said contract, bot though it boore that old Enoch should provyde the aires to be gotten betuixt him and Anna Dalzell, the petitior's mother, of the purchesse dureing the mariage and all that he had dureing the tyme of the mariage and contract, in contemplation of the whilk he did hartilie make offer of four hundreth merks yeerlie to be ane aliament dureing his oune lifetyme to the said Robert Menzies, his sone, as ane act made upon the judiciall acknowledgement the penult day of July 1658, at more lenth beares. Lykas, be ane decreit arbitrall past betuixt the said James Menzies, elder of Enoch, and the petitioner, dated the tuentie fourt of July 1659, proceiding upon ane submission, wherby both parties did submit the clame, and controversie standing betuixt them, specially anent that right and infeftment of fie of the said James Menzies his land and estate should be made to the petitioner his eldest lawfull son, the judges arbiters therin nominat, after heiring both their clames, did decerne and ordeane the said James Menzies, elder, to dewlie and lawfullie infeft and sease the petitioner in all the lands he hes and presently possesses, and that betuixt the date forsaid of the said decreit and the first day of October next therafter 1659, wnder the paines and with the reservations contained in the said decreit arbitrall, as the same of the date forsaid bears. And albeit it be of veritie that the said Robert Menzies hes oft and diverse tymes required his father to make payment of the said four hundreth merks yeerlie of aliment dureing his father's lifetime, conforme to the said judiciall offer and obligation, and als to fulfill the said decreit arbitrall, and to infeft him in the fie of his estate, nevertheles, the said James Menzies still refuises and, therfor, craveing the said James may be decerned, not only to mak payment of the said four hundreth merks of all yeers and termes restand awand since the date of the said judiciall act and in tymecomeing, but also to infeft and sease the petitioner in the estate forsaid, as the supplication bears. And anent the warrand issued therupon and charge given be ane messinger of armes to the said James Menzies personally apprehended, to have compeired befor the lords of the articles and ansuered to the said supplication, and to have heard and seen the desire therof granted or els to show ane reasonable cause to the contrare, which being called and the said persewer compeiring and the defender being oftymes called and not compeiring, and the lords of the articles haveing appointed the earle of Callander, Lord Carden and laird of Kilsyth to take tryell of the bussines and to report; who, haveing considered the supplication abovewritten with the verifications thairof and executions of the citation and made thair report theranent, which being taken into consideration be the estates of parliament, and they being therwith well and ryplie advised, the king's majestie and estates of parliament decernes and ordaines the said James Menzies of Enoch to mak payment to the said Robert Menzies of the abovewritten aliament of four hundreth merks yeerlie, and that of all yeers and termes resting unpayed since the date of the said judiciall act upon the penult of July 1658, and in tymecomeing dureing the said James his lifetyme [and] frie of all publict burdings, but prejudice alwayes to the said Robert to insist upon the decreit arbitrall for the implement therof as accords of the law, and ordains letters of horning to be direct heirupon on fiftein dayes etc.

  1. NAS. PA2/27, f.81v-82.