ossessions belonging to the abbey of Coldinghame; and being baffled,
by the king bestowing that opulent benefice upon the royal chapel at
Stirling, the Humes and Hepburns started into rebellion; asserting,
that the priory should be conferred upon some younger son of their
families, according to ancient custom. After the fatal battle
of Flodden, one of the Kerrs testified his contempt for clerical
immunities and privileges, by expelling from his house the abbot of
Kelso. These bickerings betwixt the clergy and the barons were usually
excited by disputes about their temporal interest. It was common for
the churchmen to grant lands in feu to the neighbouring gentlemen,
who, becoming their vassals, were bound to assist and protect
them[45]. But, as the possessions and revenues of the benefices became
thus intermixed with those of the laity, any attempts rigidly to
enforce the claims of the church were usually attended by the most
scandalous disputes. A petty warfare was carried on for years, betwixt
James, abbot of Dryburgh, and the family of Halliburton of Mertoun, or
Newmains, who held some lands from that abbey. These possessions were,
under various pretexts, seized and laid waste by both parties; and
some bloodshed took place in the contest, betwixt the lay vassals
and their spiritual superior. The matter was, at length, thought of
sufficient importance to be terminated by a reference to his majesty;
whose decree arbitral, dated at Stirling, the 8th of May, 1535,
proceeds thus: "Whereas we, having been advised and knowing the said
gentlemen, the Halliburtons, to be leal and true honest men, long
servants unto the saide abbeye, for the saide landis, stout men at
armes, and goode borderers against Ingland; and doe therefore decree
and ordaine, that they sail be re-possess'd, and bruik and enjoy the
landis and steedings they had of the said abbeye, paying the use and
wonte: and that they sall be goode servants to the said venerabil
father, like as they and their predecessours were to the said
venerabil father, and his predecessours, and he a good master to
them[46]." It is unnecessary to detain the reader with other instances
of the discord, which prevailed anciently upon the borders, betwixt
the spiritual shepherd and his untractable flock.
[Footnote 45: These vassals resembled, in some degree, the Vidames in
France, and the Vogten, or Vizedomen, of the German abbeys; but the
system was never carried regularly into effec
|