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 effect in Britain, and
this circumstance facilitated the dissolution of the
religious houses.]
[Footnote 46: This decree was followed by a marriage
betwixt the abbot’s daughter, Elizabeth Stewart,
and Walter Halliburton, one of the family of Newmains.
But even this alliance did not secure peace between
the venerable father and his vassals. The offspring
of the marriage was an only daughter, named Elizabeth
Halliburton. As this young lady was her father’s
heir, the Halliburtons resolved that she should marry
one of her cousins, to keep her property in the clan.