The editor believes, his readers will not be displeased to see a Bond of Manrent, granted by this border freebooter to the Scottish warden of the west marches, in return for the gift of a feudal casualty of certain lauds particularized. It is extracted from Syme's Collection of Old Writings, MS. penes Dr. Robert Anderson, of Edinburgh.
Be it kend till all men, be thir present letters, me, Johne Armistrang, for to be bound and oblist, and be the tenor of thir present letters, and faith and trewth in my body, lelie and trewlie, bindis and oblissis me and myn airis, to are nobil and michtie lord, Robert Lord Maxwell, wardane of the west marches of Scotland, that, forasmikle as my said lord has given and grantit to me, and mine airis perpetuallie, the nonentries of all and hail the landis underwritten, that is to say, the landis of Dalbetht, Shield, Dalblane, Stapil-Gortown, Langholme, and—with their pertindis, lyand in the lordship of Eskdale, as his gift, maid to me, therupon beris in the self: and that for all the tyme of the nonentres of the samyn. [127] Theirfor, I, the said Johne Armistrang, bindis and oblissis me and myne airis, in manrent and service to the said Robert Lord Maxwell, and his airis, for evermair, first and befor all uthirs, myne allegiance to our soverane lord, the king, allanerly except; and to be trewe, gude, and lele servant to my said lord, and be ready to do him service, baith in pece and weir, with all my kyn, friends, and servants, that I may and dowe to raise, and be and to my said lord's airis for evermair. And sall tak his true and plane part in all maner of actions at myn outer power, and sall nouther wit, hear, nor se my said lordis skaith, lak, nor dishonestie, but we sall stop and lett the samyn, and geif we dowe not lett the samyn, we sall warn him thereof in all possible haist; and geif it happenis me, the said Johne Armistrang, or myne airis, to fail in our said service and manrent, any maner of way, to our said lord (as God forbid we do), than, and in that caiss, the gift and nonentres maid be him to us, of the said landis of Dalbetht, Schield, Dalblane, Stapil-Gortown, Langholme, and—with the pertinentis to be of no avale, force, nor effect; but the said lord and his airis to have free regress and ingress to the nonentres of the samyn, but ony pley or impediment. To the keeping and fulfilling of all and sundry the premisses, in form above writtin, I bind and obliss me and my airis foresaids, to the said lord and his airis for evermare, be the faithis treuthis in our bodies, but fraud or gile. In witness of the whilk thing, to thir letters of manrent subscrievit, with my hand at the pen, my sele is hangin, at Drumfries, the secund day of November, the yeir of God, Jaiv and XXV. yeiris.
The lands, here mentioned, were the possessions of Armstrong himself, the investitures of which not having been regularly renewed, the feudal casualty of non-entry had been incurred by the vassal. The brother of Johnie Armstrang is said to have founded, or rather repaired, Langholm castle, before which, as mentioned in the ballad, [128] verse 5th, they "ran their horse," and "brake their spears," in the exercise of border chivalry.—Account of the Parish of Langholm, apud Macfarlane's MSS. The lands of Langholm and Staplegorton continued in Armstrong's family; for there is, in the same MS. collection, a similar bond of manrent, granted by "Christofer Armistrang, calit Johne's Pope," on 24th January, 1557, to Lord Johne Lord Maxwell, and to Sir Johne Maxwell of Terreglis, knight, his tutor and governor, in return for the gift of "the males of all and haill the landis whilk are conteint in ane bond made by umquhile Johne Armistrang, my father, to umquhile Robert, Lord Maxwell, gudshore to the said Johne, now Lord Maxwell." It would therefore appear, that the bond of manrent, granted by John Armstrong, had been the price of his release from the feudal penalty arising from his having neglected to procure a regular investiture from his superior. As Johnie only touched the pen, it appears that he could not write.
Christopher Armstrong, above-mentioned, is the person alluded to in the conclusion of the ballad—"God be with thee, Kirsty, my son." He was the father, or grandfather, of William Armstrong, called Christie's Will, a renowned freebooter, some of whose exploits the reader will find recorded in the third volume of this work.
The castle of Lochmaben was formerly a noble building, situated upon a peninsula, projecting into one of the four lakes which are in the neighbourhood of the royal burgh, and is said to have been the residence of Robert Bruce, while lord of Annandale. Accordingly, it was always held to be a royal fortress, the keeping of which, according to the custom of the times, was granted to some powerful lord, with an allotment of lands and fishings, for the defence and maintenance of the place. There is extant a grant, dated 16th March, 1511, to Robert Lauder of the Bass, of the office of captain and keeper of Lochmaben castle, for seven years, with many perquisites. Among others, the "land, stolen frae the king," is bestowed upon the captain, as his proper lands.—What shall we say of a country, where the very ground was the subject of theft?
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 [135] 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.
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 by a chief, there called Martin Elliot of the Preakin Tower, whose son, Simon, is said to have fallen in the action. It is very possible, that both the Tiviotdale Scotts, and the Elliots were engaged in the affair, and that each claimed the honour of the victory.
The editor presumes, that the Willie Scott, here mentioned must have been a natural son of the laird of Buccleuch.