* * * * *
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.