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.
JAMIE TELFER OF THE FAIR DODHEAD.
* * * * *
_There is another ballad, under the same title as the following, in
which nearly the same incidents are narrated, with little difference,
except that the honour of rescuing the cattle is attributed to the
Liddesdale Elliots, headed b
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