A gift of pension by a bishop, without consent of the chapter, being clothed with possession, found to subsist during the bishop's life.
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Ane Bogill in Glasgow raisit multiple-poinding agains Bishop Erskin, on the ane part, Mr Henrie Kerr, having ane pensioun of twa chalders victuall furth of the reddiest fruittis, on the secund pairt, and George Hucheson on the third. Mr Henrie producit his pension, George Huchesion producit ane gift of pension, granted in lyfrent to his father and to himself be Bishop Betoun, be vertue whairof thay had bene in possesion thir mony zeirs. Mr Henrie alledgit, That notwithstanding thairof, he aucht to be answerit and obeyit, becaus the said gift disponit to Hucheson be the Bishop wes null, being set be the Bishop without consent of the chaptour; and albeit it micht have obleissit the Bishop not to run in the contrare thairof in his lyftyme, yet he being mortuus civiliter, being forfalted, could not prejuge his successouris, and pairties having rycht flowing fra thame; notwithstanding the whilk alledgeance, the Lords fand, thay wald not tak away the gift cleid with sa mony zeirs' possession in ane doubill poynding, bot ordainit the said Hucheson to be answerit and obeyit.
