[1587/7/58]¹

Concerning counterfeit and invalid gifts of pensions

²Our sovereign lord and three estates of this present parliament, having consideration how that sundry benefices within this realm have [been]³ burdened with counterfeited and invalid gifts of pensions, of victual or silver or special assignation of whole kirks, with fruits thereof, and upon the said feigned and invalid gifts have obtained his highness's or his predecessors' ratifications, either in parliament or outwith, and without any sight of their principal gift upon their only ratifications and confirmations have obtained decreets before the lords of session and other judges, where in case they had produced any principal, either the same would have been found invalid or the falseness thereof would have been tried or known; therefore it is statute and ordained by our sovereign lord and three estates aforesaid, in time coming that wherever question or controversy shall arise upon pensions to be purchased or obtained by whatsoever persons after the date hereof or upon the invalidity of the same pensions, the party, suiter of the said pension, shall be held to produce the principal gift and pension to the which their ratification and confirmation shall be relative, at the desire of the party whose benefice is burdened by that pension, otherwise they shall be secluded from all right to the said pension or any part thereof; and in case the principal gift and disposition is either unproven or reduced by the judge ordinary, in that case the said party pretending right to the said pension shall never be heard to acclaim any benefit thereby, notwithstanding any ratification, confirmation, decreets or letters in the four forms following thereupon, which the said lords declare needs no reduction in this case in times coming, the grounds to the which the said ratifications, confirmations and decreets are relative being taken away.