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 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.

* * * * *

  It fell about the Martinmas tyde,
  When our border steeds get corn and hay,
  The captain, of Bewcastle hath bound him to ryde,
  And he’s ower to Tividale to drive a prey.