102 Ti'ansactions. 



to the church when he hands the latter over to the Kelso monks. 

 The earlier transaction to which this seems to point may have 

 taken place in the reign of his grandfather, David I., under whom 

 the erection of our older Scottish parishes was effected ; but if 

 there was any record or deed of endowment, it has probably long 

 since disappeared. We come, however, on what may be a trace 

 of such an older record in a very interesting document also to be 

 found among the Kelso charters, from which it appears that the 

 Abbey's right to the patronage and occupation of the Church of 

 Dumfries was not undisputed. About the beginning of the 13th 

 century Ralph, the Dean of Dumfries, presented his nephew 

 Martin to the living, and in support of his claim to do so produced 

 certain charters which he had in his possession. The case went 

 for trial before a court or board of arbitrators, consisting of the 

 Bishop of St. Andrews and two assessors ; and although the 

 decision arrived at was in favour of the Abbey, it was to some 

 extent of the nature of a compromise, indicating that the uncle and 

 nephew were not without some show of a case. It is not im- 

 possible that they may have been the representatives of an earlier 

 claim to the church and its lands which had been ignored or in- 

 sufficiently dealt with when King "William bestowed them on 

 Kelso Abbey. The following is the exceedingly interesting 

 award of the arbitrators in the case ; — 



" To all the sons of Holy Mother Church aud faithful men who shall see 

 this letter or liear it read, Roger, by the grace of God, Bishop of St. 

 Andrews, William, Abbot of Holyrood, and Master Robert of St. Andrews, 

 greeting in the Lord. When the cause that was pending between the 

 Abbot and monks of Kelso and Ralph, Dean of Dumfries, and Martin the 

 clerk, nephew of the said Ralph, concerning the church of Dumfries had 

 been committed to iis with full power, at leugtli in our friendly presence 

 the dispute was settled by agreement in these terms : If the aforesaid Ralph 

 and Martin at any time appeared to have any right to the church of Dum- 

 fries, this right they have in our hearing entirely renounced, and the 

 charters concerning the said church which they had in their possession they 

 have resigned into tlie hands of the Abbot. Moreover, if any instrument 

 relating to the said church should at any time be discovered they will not 

 make use of it and it shall be regarded as totally invalid. The aforesaid 

 Abbot and monks, however, from considerations of pity, have conceded to 

 the aforesaid Mai-tin the clerk, and their faithful (servant) the church of 

 Dumfries, with the chapels of the burgh and castle, and with all that belongs 

 to them (to be held) during his lifetime of the said monks, provided that 

 he shall pay to the said monks each year at Kelso 20 silver marks of fixed 

 rent, viz., 10 marks at the Feast of St. Michael and 10 marks at Easter, 

 and shall pay all bishop's dues. But if the territory of Dumfries should be 

 destroyed by war, the aforesaid Abbot and monks sliall allow to the afore- 

 said Martin some abatement of his rent, according to the award of good 

 men. This amicable agreement between the said Abbot and convent and 

 the said Martin the clerk, which, by the authority of the Lord, we have 



