NOTES ON THE LOCHMABEN HARPER.

* * * * *

The only remark which offers itself on the foregoing ballad seems

to be, that it is the most modern in which the harp, as a border

instrument of music, is found to occur.

I cannot dismiss the subject of Lochmaben, without noticing an

extraordinary and anomalous class of landed proprietors, who dwell

in the neighbourhood of that burgh. These are the inhabitants of four

small villages, near the ancient castle, called the Four Towns of

Lochmaben. They themselves are termed the King's Rentallers, or kindly

tenants; under which denomination each of them has a right, of an

allodial nature, to a small piece of ground. It is said, that these

people are the descendants of Robert Bruce's menials, to whom he

assigned, in reward of their faithful service, these portions of land,

burdened only with the payment of certain quit-rents, and grassums or

fines, upon the entry of a new tenant. The right of the rentallers is,

in essence, a right of property, but, in form, only a right of lease;

of which they appeal for the foundation on the rent-rolls of the lord

of the castle and manor. This possession, by rental, or by simple

entry upon the rent-roll, was anciently a common, and peculiarly

sacred, species of property, granted by a chief to his faithful

followers; the connection of landlord and tenant being esteemed of

a nature too formal to be necessary, where there was honour upon

one side, and gratitude upon the other. But, in the case of subjects

granting a right of this kind, it was held to expire with the life

of the granter, unless his heir chose to renew it; and also upon

the death of the rentaller himself, unless especially granted to his

heirs, by which term only his first heir was understood. Hence, in

modern days, the _kindly tenants_ have entirely disappeared from the

land. Fortunately for the inhabitants of the Four Towns of Lochmaben,

the maxim, that the king can never die, prevents their right of

property from reverting to the crown. The viscount of Stormonth, as

royal keeper of the castle, did, indeed, about the beginning of

last century, make an attempt to remove the rentallers from their

possessions, or at least to procure judgment, finding them obliged to

take out feudal investitures, and subject themselves to the casualties

thereto annexed. But the rentallers united in their common defence;

and, having stated their immemorial possession, together with some

favourable clauses in certain old acts of parliament, enacting, that

the king's _poor kindly tenants_ of Lochmaben should not be hurt, they

finally prevailed in an action before the Court of Session. From the

peculiar state of their right of property, it follows, that there is

no occasion for feudal investitures, or the formal entry of an heir;

and, of course, when they chuse to convey their lands, it is done by a

simple deed of conveyance, without charter or sasine.

The kindly tenants of Lochmaben live (or at least lived till lately)

much sequestered from their neighbours, marry among themselves, and

are distinguished from each other by _soubriquets_, according to

the ancient border custom, repeatedly noticed You meet, among their

writings, with such names as _John Out-bye, Will In-bye, White-fish,

Red-fish_, &c. They are tenaciously obstinate in defence of their

privileges of commonty, &c. which are numerous. Their lands are,

in general, neatly inclosed, and well cultivated, and they form a

contented and industrious little community.

Many of these particulars are extracted from the MSS. of Mr. Syme,

writer to the signet. Those, who are desirous of more information, may

consult _Craig de Feudis_, Lib. II. dig. 9. sec. 24. It is hoped the

reader will excuse this digression, though somewhat professional;

especially as there can be little doubt, that this diminutive republic

must soon share the fate of mightier states; for, in consequence of

the increase of commerce, lands possessed under this singular tenure,

being now often brought to sale, and purchased by the neighbouring

proprietors, will, in process of time, be included in their

investitures, and the right of rentallage be entirely forgotten.

Minstrelsy of the Scottish border, Volume 1 · 第 62 / 93 题