The Jardines were a clan of hardy west-border men. Their chief was Jardine of Applegirth. Their refusal to ride with Douglas was, probably, the result of one of those perpetual feuds, which usually rent to pieces a Scottish army.
Froissard describes a Scottish host, of the same period, as consisting of "IIII. M. men of armes, knightis, and squires, mounted on good horses; and other X.M. men of warre armed, after their gyse, right hardy and firse, mounted on lytle hackneys, the whiche were never tyed, nor kept at hard meat, but lette go to pasture in the fieldis and bushes."—Cronykle of Froissart, translated by Lord Berners, Chap. xvii.
This ballad appears to have been composed about the reign of James V. It commemorates a transaction, supposed to have taken place betwixt a Scottish monarch, and an ancestor of the ancient family of Murray of Philiphaugh in Selkirkshire. The editor is unable to ascertain the historical foundation of the tale; nor is it probable that any light can be thrown upon the subject, without an accurate examination of the family charter chest. It is certain, that, during the civil wars betwixt Bruce and Baliol, the family of Philiphaugh existed, and was powerful; for their ancestor, Archibald de Moravia, subscribes the oath of fealty to Edward I.A.D. 1296. It is, therefore, not unlikely, that, residing in a wild and frontier country, they may have, at one [79] period or other, during these commotions, refused allegiance to the feeble monarch of the day, and thus extorted from him some grant of territory or jurisdiction. It is also certain, that, by a charter from James IV., dated November 30, 1509, John Murray of Philiphaugh is vested with the dignity of heritable sheriff of Ettrick Forest, an office held by his descendants till the final abolition of such jurisdictions by 28th George II. cap. 23. But it seems difficult to believe that the circumstances, mentioned in the ballad, could occur under the reign of so vigorous a monarch as James IV. It is true, that the Dramatis Personae introduced seem to refer to the end of the fifteenth, or beginning of the sixteenth, century; but from this it can only be argued, that the author himself lived soon after that period. It may, therefore, be supposed (unless farther evidence can be produced, tending to invalidate the conclusion), that the bard, willing to pay his court to the family, has connected the grant of the sheriffship by James IV. with some further dispute betwixt the Murrays of Philiphaugh and their sovereign, occurring, either while they were engaged upon the side of Baliol, or in the subsequent reigns of David II. and Robert II. and III., when the English possessed great part of the Scottish frontier, and the rest was in so lawless a state as hardly to acknowledge any superior. At the same time, this reasoning is not absolutely conclusive. James IV. had particular reasons for desiring that Ettrick Forest, which actually formed part of the [80] jointure lands of Margaret, his queen, should be kept in a state of tranquillity.—Rymer, Vol. XIII. p. 66. In order to accomplish this object, it was natural for him, according to the policy of his predecessors to invest one great family with the power of keeping order among the rest. It is even probable, that the Philiphaugh family may have had claims upon part of the lordship of Ettrick Forest, which lay intermingled with their own extensive possessions; and, in the course of arranging, not indeed the feudal superiority, but the property, of these lands, a dispute may have arisen, of sufficient importance to be the ground-work of a ballad.—It is farther probable, that the Murrays, like other border clans, were in a very lawless state, and held their lands merely by occupancy, without any feudal right. Indeed, the lands of the various proprietors in Ettrick Forest (being a royal demesne) were held by the possessors, not in property, but as the kindly tenants, or rentallers, of the crown; and it is only about 150 years since they obtained charters, striking the feu-duty of each proprietor, at the rate of the quit-rent, which he formerly paid. This state of possession naturally led to a confusion of rights and claims. The kings of Scotland were often reduced to the humiliating necessity of compromising such matters with their rebellious subjects, and James himself even entered into a sort of league with Johnie Faa, the king of the gypsies.—Perhaps, therefore, the tradition, handed [81] down in this song, may have had more foundation than it would at present be proper positively to assert.
The merit of this beautiful old tale, it is thought, will be fully acknowledged. It has been, for ages, a popular song in Selkirkshire. The scene is, by the common people, supposed to have been the castle of Newark, upon Yarrow. This is highly improbable, because Newark was always a royal fortress. Indeed, the late excellent antiquarian Mr. Plummer, sheriff-depute of Selkirkshire, has assured the editor, that he remembered the insignia of the unicorns, &c. so often mentioned in the ballad, in existence upon the old tower at Hangingshaw, the seat of the Philiphaugh family; although, upon first perusing a copy of the ballad, he was inclined to subscribe to the popular opinion. The tower of Hangingshaw has been demolished for many years. It stood in a romantic and solitary situation, on the classical banks of the Yarrow. When the mountains around Hangingshaw were covered with the wild copse which constituted a Scottish forest, a more secure strong-hold for an outlawed baron can hardly be imagined.
The tradition of Ettrick Forest bears, that the Outlaw was a man of prodigious strength, possessing a batton or club, with which he laid lee (i.e. waste) the country for many miles round; and that he was at length slain by Buccleuch, or some of his clan, at a little mount, covered with fir-trees, adjoining to Newark castle, and said to have been a part of the garden. A varying tradition bears the place [82] of his death to have been near to the house of the Duke of Buccleuch's game-keeper, beneath the castle; and, that the fatal arrow was shot by Scot of Haining, from the ruins of a cottage on the opposite side of the Yarrow. There was extant, within these twenty years, some verses of a song on his death. The feud betwixt the Outlaw and the Scotts may serve to explain the asperity, with which the chieftain of that clan is handled in the ballad.
In publishing the following ballad, the copy principally resorted to is one, apparently of considerable antiquity, which was found among the papers of the late Mrs. Cockburn, of Edinburgh, a lady whose memory will be long honoured by all who knew her. Another copy, much more imperfect, is to be found in Glenriddel's MSS. The names are in this last miserably mangled, as is always the case when ballads are taken down from the recitation of persons living at a distance from the scenes in which they are laid. Mr. Plummer also gave the editor a few additional verses, not contained in either copy, which are thrown into what seemed their proper place. There is yet another copy, in Mr. Herd's MSS., which has been occasionally made use of. Two verses are restored in the present edition, from the recitation of Mr. Mungo Park, whose toils, during his patient and intrepid travels in Africa, have not eradicated from his recollection the legendary lore of his native country.
The arms of the Philiphaugh family are said by tradition to allude [83] to their outlawed state. They are indeed those of a huntsman, and are blazoned thus; Argent, a hunting horn sable, stringed and garnished gules, on a chief azure, three stars of the first. Crest, a Demi Forester, winding his horn, proper. Motto, Hinc usque superna venabor.