64 Burghs of Annandale. 



for homage and service rendered to us and our realm, the 

 WHOLE LAND OF THE Valley OF Annand with the pertinents 

 without any reservation (sine aliquo retinemento), to be held 

 and had by him and his heirs male of his body lawfully be- 

 gotten, from us and our heirs in fee and heritage, with the 

 homages and services of freeholders, advocations of churches, 

 patronages of abbeys, fees and forfeitures, as well touching 

 occasions of war as of peace, with bondmen and bondages, 

 neyfs and their sequels, and with all liberties, commodities, 

 easements, and pertinents as well unnamed as named per- 

 taining to said land of the Valley of Annand. We grant also 

 to him and to his heirs that they may have and possess the 

 whole land foresaid with pertinents in free regality, with the 

 four pleas of our crown and their appurtenants (appendentiis), 

 as well in pleadable brieves (brevibus placitahilibus) as in all 

 other complaints and pleas to the land belonging howsoever : 

 Doing to us and our heirs, kings of Scotland, the service of 

 ten knights in our army for all other earthly services 

 (terrenis serviciis) and demands which from said land with 

 its pertinents can be exacted or demanded by any one. In 

 witness whereof, &c. " 



That this carried Annan may be inferred with certainty. 

 The earl's exercise of baronial rights over Lochmaben is 

 matter of record. ^^ The inference might be drawn that under 

 Bruce's administration the union with the crown of these two 

 baronial demesne burghs did not affect their constitutional 

 position. True, they had been " burghs;" true, they became 

 royal property when the lord of Annandale became king ; but 

 the change might not make them royal burghs in a time when 

 practical distinctions were of more moment than theoretical 

 privileges. On the other hand, Bruce treated the indubitably 

 royal burghs of Elgin, Forres, and Nairn in the same way, 

 although by his charter of the earldom of Moray, in his 

 nephew's favour^^ he made express mention of these burghs 

 in the grant. Still negative evidence, the absence of a reser- 

 vation, does not go very far, and so sound an antiquary as 



14 Exch. Bolls, i., 99. 



15 Robertson's Index, p. xlix. 



