I have just returned from a conference entitled ‘Reworking Walter Scott’, held at the University of Dundee in Scotland, where I gave a paper on ‘The Chartist Robin Hood’ (a reworked and expanded version of an earlier blog post). Obviously there was no way I could have missed this one, given that Walter Scott (1772-1831) had such a profound and lasting influence upon the legend of Robin Hood, having authored the novel Ivanhoein 1819. On the way back, I decided to stop at Abbotsford, the Baronial hall that Scott had built in the early nineteenth century. While there, I learned how Walter Scott became best friends with a man who was originally caught poaching from his land. This man’s name was Tam Purdie (1767-1829).
In 1804, long before Abbotsford was built, while Scott was living in Ashestiel, a small village near the Scottish border, Thomas ‘Tam’ Purdie was caught poaching from Scott’s land. This was a serious offence during the eighteenth century, and in England (whose laws on this matter were practically the same as those in Scotland), there was no right to trial by jury, and sentencing was summary in front of the local magistrate. Summary justice was meted out, probably, because juries were often reluctant to convict offenders of poaching. For example, there was a case in the 1830s where,
A poacher was acquitted because though he had a gun, which had just been fired, and was holding a “warm pheasant”, there was no proof that he had actually fired the gun.
It was not unusual for juries to downgrade the charge, or look for ways to deliberately lessen the verdict, a practice that was known as ‘Pious Perjury’ (after all, especially in those cases which involved potentially warranted the death sentence, what decent person would want to be the among the ones to sentence a person to death?). Needless to say, for the wealthy landowners whose lands were being poached, in a time when the plaintiffs had to fund the prosecution of a felon themselves, having the case dealt with summarily by a magistrate would have had a better chance of them getting the verdict they desired: a guilty verdict for the defendant. Indeed, many of the magistrates would have been landowners and hunters as well, so they would have been sympathetic to those whose lands were being invaded by poachers. And there could be a heavy fine imposed by the magistrate if a person was caught poaching, amounting to £10 as well as three month’s imprisonment.
And so Purdie found himself in the dock at Selkirk Courtroom before Scott in his role as Sheriff (Scotland’s equivalent, in those days, of the English magistrate, who dealt with civil cases such as bankruptcies, probates, as well as the summary cases outlined above). One might imagine that Purdie would have received an unusually severe sentence, given the fact that the man he had stolen from was the man who was deciding what should be done with him.
Purdie stated that his reasons for poaching Scott’s land were the fact that his family were going hungry, and that, to quote Purdie, ‘work was scarce and game plentiful’, and that he had merely, ‘grinned a hare or twa to prevent them frae doing any mischief’.
What happened next demonstrates Scott’s good nature: he took pity on the man, and instead of sentencing him to a fine and a prison sentence, decided to employ Purdie on his land instead as his ‘Special Assistant’. Purdie brought his own family to live on Scott’s estate with him, In time, he became, not only Scott’s gamekeeper, but also his librarian, and most importantly, his best friend:
What a blessing there is in a man like Tam whom no familiarity can spoil, whom you may scold and praise and joke with.
The pair spent much leisure time together, and sometimes Scott preferred Tam’s company to that of some of the members of high society whom he entertained from time to time (by virtue of Scott having been the world’s first celebrity author).
When Tam died, at Scott’s home, Abbotsford, in 1829, he was much affected:
I have lost my old and faithful servant – my factotum – and am so much shocked that I really wish to be quit of the country and be safe in the town.
Scott had his old friend buried in Melrose Abbey, and the following inscription was laid upon Tam’s grave:
In Grateful Remembrance of the Faithful and Attached Services of Twenty-Two Years, and in Sorrow, for the Loss of a Humble but Sincere Friend, this Stone was erected by Sir Walter Scott, Bart. of Abbotsford.
Scott died just two years later of a stroke in the latter part of 1831, but I like to think that his friendship with this criminal has potential lessons for our own day: it asks us to consider whether punitive sanctions are always the appropriate course of action to take against those convicted of petty thefts when circumstances have driven them to commit crime.
 Drew Gray, Crime, Policing, and Punishment in England, 1660-1914 (London: Bloomsbury, 2016), p.128.
Robin Hood was not the only famous law breaker in medieval times. Alongside Robin Hood were figures such as Adam Bell and the subject of this blog post, the medieval pirate Thomas Dun.
When the word ‘pirate’ is mentioned, many people will have in mind the image of an eighteenth-century pirate: an eye-patch wearing, sabre rattling, and rum-sodden dissolute character. This is an image that was first given to pirates in Captain Charles Johnson’s A General and True History of the Most Notorious Pyrates (1724). It is an image that has gained further traction recently in Disney’s series of films entitled Pirates of the Caribbean (2003, 2006, 2007, and 2011) as well as the television show Black Sails (2014 onwards).
But piracy in the medieval period was different from the eighteenth century. Often pirates were merchants who had been permitted, as part of their employment, to plunder foreign ships. The right to plunder foreign ships was granted by the King, providing that the Crown received a portion of the booty. Thus we should think of these pirates more as ‘privateers’ under contract with the monarch, rather than the semi-organised criminal networks that existed in the eighteenth century.[i]
Regarding Thomas Dun, little is known of his life and exploits, but modern-day historians place him during the time of Edward II and the Scottish Wars. Apparently he fought on the side of Robert the Bruce, whose forces were engaged in repelling the English occupation of Scotland.[ii] To place the events of Thomas Dun’s life in terms of people’s understanding of popular culture, then, this man lived shortly after the events of the Mel Gibson movie, Braveheart (1995). The campaign against the English forces occurred in both England and Ireland, and as the Scottish King had no navy to speak of, he employed Dun to ferry Scottish soldiers across the Irish Sea.[iii] There also is another story about him purportedly having raided the port of Holyhead, Wales in 1315.[iv] And that is, in all honestly, the extent of what we know of the man’s life.
Lincoln B. Faller divides the representation of criminals during the eighteenth century: heroes, in which category belong figures such as Jack Sheppard (1702-1724) and James Mclean (1724-1750); there are also ‘buffoons’, and the type of thieves that belong in this category are men such as John Wheeler, a housebreaker who burgles a house and inadvertently ends up having sex with the mistress of the house. Finally, there is the brute, and into this category belongs killers such as Sawney Beanne and Dun.[v]
Smith and Johnson are at pains to present Dun as the worst type of criminal imaginable. Johnson says that
A man who is not forced from necessity, or a desire of pleasure, to become dishonest, but follows his natural dispositions in robbing and maltreating others, will, generally, be found to be destitute of every humane and generous principle. So will it be found with this character – a person of mean extraction.[vi]
Criminal biographers were never interested in historical facts, evident by the inclusion in their compendiums of the life of that noted robber, Sir John Falstaff. Thus, instead of depicting Dun as a Scottish pirate who flourished during the fourteenth century, he becomes an English highwayman who lived in the reign of Henry I, operating in the latter part of his reign. In fact, Scotland is not mentioned once in these criminal annals. Dun’s haunt is now depicted as being in Bedfordshire where,
He continued to commit many petty thefts and assaults, but judging it safer to associate himself with others, he repaired to a gang of thieves, who infested the country leading from St. Alban’s to Towcester, and they became such a terror.[vii]
Having spent half of his criminal career robbing and plundering in Bedfordshire, he then moved to Yorkshire (so say the criminal biographers), and proceeded to ‘commit many notorious robberies along the river Ouse’.[viii] After this he returned to Bedford and was eventually caught and suffered a gruesome death, according to Smith:
At length, seeing he could not escape and that he must die, he yielded, and then the executioners chopping off each hand at the wrists, his arms were cut off at the elbows, and all above that again within an inch of his shoulders; next his feet were cut off beneath the ankles, his legs chopped off at the knees, and his thighs cut off five inches below the trunk, which after severing his head from was burnt to ashes.[ix]
There is not a more graphic account of execution than this in most of the criminal biographies I have seen. Smith and Johnson’s accounts then both end with saying that the town of Dunstable takes its name from the robber, due to the fact that Henry I built a garrison there. This, however, is pure fiction, and academics have provided more plausible accounts of the town’s etymology:
The English Place Name Society tells us that the first part of the name, dun, means hill, while the second part, originally written as staple, refers to a post, possibly marking a boundary. Dunestaple (or Dunestapel), as it was first called, was therefore the place at the post, or boundary marker, by the hill. Another theory, while agreeing about the meaning of dun, is that staple comes from the French word for market, estaple, and the name therefore means the market by the hill, or Downs.[x]
While his story continued to appear in some versions of The Newgate Calendar, Thomas Dun appears to have been forgotten about for a while, and his story did not make it into either Charles MacFarlane’s The Lives and Exploits of Banditti and Robbers in All Parts of the World (1833) or Charles Whitehead’s Lives and Exploits Of English Highwaymen, Pirates And Robbers (1834). Curiously, the next literary representation of Dun’s life appears in a comic entitled Crime Must Pay the Penalty (1948).
As we can see, this is just one instance of how a criminal’s life has been remoulded and readapted throughout the centuries, and how the original historical details, such as Dun being a Scottish pirate, becomes unrecognisable when the details are placed in the hands of various authors who care not for historical facts.
A famous man is Robin Hood,
The English ballad-singer’s joy!
And Scotland has a thief as good,
An outlaw of as daring mood;
She has her brave ROB ROY!
Then clear the weeds from off his Grave,
And let us chant a passing stave,
In honour of that Hero brave!
The Life of Rob Roy
Each country of what now comprises the United Kingdom of Great Britain and Northern Ireland has its famous outlaw-cum-folk hero: England has Robin Hood (sup. fl. 12th-13th centuries), the legendary noble robber who stole from the rich and gave to the poor; Wales boasts of Twm Sion Cati (fl. c. 1550); Ireland has the famous ‘rapparee’ Éamonn an Chnoic (sup. fl. 1670-1724). The subject of today’s blog post is the celebrated Scottish outlaw, Robert Roy MacGregor.[i]
The MacGregors were part of an ancient Scottish family, but although they were minor gentry, they began to experience financial hardship in the late seventeenth century. This was not helped by the fact that the family joined in the Jacobite Rebellion against the government in 1689, after which the family was disgraced. In order to offset some of their money troubles, during the 1690s members of the family began to extort protection money from farmers. It is for their somewhat dubious activities that criminal biographers in the eighteenth century endeavoured to present the family’s history as nothing but a history of crime and depravity:
They were not more Antient, than Infamous, for from time immemorial, they have been shun’d and detested for the Outrages they daily committed. They liv’d by Rapine, and made Murder their Diversion; and, in a Word, they seem’d emulous to monopolize all that was Wicked.[ii]
During the late 1690s and into the eighteenth century, Rob appears to have ceased his illegal activities and, under the assumed name of Campbell, bought some land and ‘thrived modestly’ trading in livestock, according to his biographer.
However, the early eighteenth century was a time of Jacobite intrigue: in 1688 the Stuart King, James II was ousted from the thrones of England and Scotland because of his Catholic faith and he was replaced with the Dutch King William and his wife Mary, James’ daughter. In effect, this was a coup d’état, and there was significant opposition, especially in Scotland, to this new foreign King, in spite of the fact that Mary was related to James. At his time, Rob took to smuggling arms which alarmed the authorities because his loyalty to the new regime had never been rock solid. Yet there was nothing to link him directly, at this early period, to the Jacobite cause (Jacobite is the name given to those in the 17th and 18th centuries who actively fought for the restoration of the Stuarts).
It was also during the early eighteenth century when Rob’s business hit a slump, and in 1708 he was forced to take out loans from a number of local tradesmen. But a few months later when repayment was due, Rob had not got enough cash to meet the demands of his creditors. He was subsequently declared bankrupt by the Marquess of Montrose and his lands were seized. Rob, in order to escape his creditors (a debtors’ prison would likely have been Rob’s punishment), he along with some of his men retreated to the remote areas of the highlands. Although later stories attempt to attribute his downfall to one of Rob’s men absconding with his fortune:
Rob Roy’s fall was a matter of business failure, and the later tradition that it was due to a drover absconding with his money is implausible in view of the evidence that he knew months in advance that he was in trouble, and that he never himself used this as an explanation. His flight to the remote highlands, Montrose’s determination to bring him to justice, and Rob’s passionate belief that he had been wronged, however, converted an everyday bankruptcy into an epic story.[iii]
In 1713 he sought the protection of the Duke of Atholl (one of Montrose’s rivals) who granted him protection and even allowed him to continue trading on a limited scale in order to earn back some of the money he had lost through bad investments.
When George I acceded to the throne of the newly-forged Kingdom of Great Britain (previously, England and Scotland had been separate states), Rob, a nominal Jacobite, saw this as a chance to strike back against Montrose, who was a supporter of the Hanoverians. Although the Jacobites never officially welcomed Rob with open arms into their cause, but they did allow him to carry out raids on the lands of Hanoverian supporters, and no doubt he welcomed the chance to carry out raids on Montrose’s lands in revenge for his bankruptcy.
In 1715, the Jacobites began seriously plotting the downfall of the Hanoverian regime. James II had fled to France after 1688 and raised his youngest sons there. The Jacobites in France, having been in contact with their supporters in Scotland, plotted the invasion of Stuart forces. Once landed, it was hoped that the Scottish and English people would rise up in support of the Stuarts, oust the Hanoverians, and place James Stuart (James II’s son) on the throne.
But a restoration of the Stuarts was not to be: Rob himself witnessed the crushing defeat of the Jacobite cause in 1715 at the Battle of Glen Shiel, for he had been co-opted to serve in the Jacobite forces.
As we have seen, Rob was never a loyal Jacobite, and only joined the cause as a means of getting revenge on his former antagonist, Montrose. After the battle he returned to his life of banditry, although the authorities did not concern themselves with even trying to arrest him. Rob’s lands had been forfeited to the government because he had, by allying with the Jacobites, committed treason. Montrose had, through the government’s seizure, been repaid and so no longer dedicated any effort to capture Rob.
He was pardoned in 1725 after writing a letter swearing allegiance to the House of Hanover. He then became a farmer and died peacefully in his sleep in 1734.
The Legend of Rob Roy
The incidents recorded in the life of the historic Rob Roy are pretty mundane. The details of his life are neither more nor less interesting than the various lives of contemporary criminals which circulated in print during the period that he lived. One such biography, which has been cited above, is The Highland Rogue: or, The Memorable Actions of the Celebrated Robert Mac-Gregor, Commonly called Rob Roy (1723) published while Rob was still at large.
The celebrated poet, William Wordsworth, was inspired to author a poem about Rob after he visited a grave which he presumed to have been the famous outlaw’s:
However, perhaps the most famous reincarnation of Rob Roy was Walter Scott’s novel, Rob Roy (1818). Here the highland outlaw is a heavily romanticised outlaw: noble, brave, chivalrous, strong. The novel was phenomenally popular, with a ship leaving Leith for London containing nothing but boxes of Scott’s novel:
It is an event unprecedented in the annals either of literature or of the custom-house that the entire cargo of a packet, or smack, bound from Leith to London, should be the impression of a novel.[v]
Rob Roy was also the main protagonist in a number of Victorian and Edwardian penny dreadfuls. Modern audiences will likely be familiar with Rob Roy though the eponymous film starring Liam Neeson in 1995. Although it is not based upon Scott’s novel, the movie is, like Scott’s portrayal, a heavily romanticised account of Rob’s life: he falls victim to the scheming of an English aristocrat, his lands are confiscated, his wife is raped, and he is outlawed. Eventually, however, he kills his antagonist in a fight to the death at the end of the film.
Like so many criminals-turned-folk heroes, it is his ‘literary afterlife’ which has ensured that his story lives on, more than anything he ever actually did while he was alive.
[i] For a full biography see: David Stevenson, ‘MacGregor , Robert [Rob Roy] (bap. 1671, d. 1734)’ in The Oxford Dictionary of National Biography (Oxford: Oxford University Press, 2004; Online Edn. May 2006) [Internet <http://www.oxforddnb.com/view/article/17524> Accessed 13 Jan 2017]
[ii]The Highland Rogue: or, The Memorable Actions of the Celebrated Robert Mac-Gregor, Commonly called Rob Roy (London: J. Billingsley, 1723), p.x.
[iii] Stevenson, ‘MacGregor , Robert [Rob Roy] (bap. 1671, d. 1734)’
Paper Presented to the Women’s History Network Conference, Leeds Trinity University, 16-17 September 2016.
Abstract: The earliest ballads of Robin Hood such as A Gest of Robyn Hode (c.1450) and Robin Hood and the Potter (c.1450) give no clue as to the manner of Robin Hood’s birth. This was still the case when Joseph Ritson published his influential ballad anthology entitled Robin Hood: A Collection of All the Ancient Poems, Songs, and Ballads (1795). Five years after Ritson, however, Robert Jamieson published Popular Ballads and Songs, from Tradition, Manuscripts, and Scarce Editions (1806). In that collection two new never-before-seen Robin Hood ballads appeared entitled The Birth of Robin Hoodand The Wedding of Robin Hood and Little John. Jamieson had transcribed the ballads from Anna Gordon Brown of Falkland, Scotland. Although twentieth-century Robin Hood critics have derided Mrs. Brown’s ballads as being of little merit compared to earlier material, Mrs. Brown enjoyed a ‘literary afterlife’ in the tradition as Goody – the old woman who recites Robin Hood stories to dinner guests – in the first ever Robin Hood novel entitled Robin Hood: A Tale of the Olden Time (1819). The proposed paper, therefore, is intended to fit into the panel ‘Women Collectors and Collected Women’.
Throughout history many Scottish authors have shaped the Robin Hood legend. For example, it is in medieval and early modern Scottish chronicles written by Andrew of Wyntoun, John Major, and Walter Bower, for instance, that Robin is first established as a ‘historic’ figure, and not merely a man who exists in ballads. During the nineteenth century, the first two Robin Hood novels entitled Robin Hood: A Tale of the Olden Time and Walter Scott’s Ivanhoe, both of which were published in 1819, were written by Scottish authors and first published in Edinburgh. There is not a single scholar who would question the appearance of the works of Wyntoun, Bower, Major, or Scott within the Robin Hood canon – that is to say, those texts which scholars have agreed are an undeniable part of the Robin Hood tradition. Yet as this paper illustrates, there has been a certain amount of hesitancy on the part of modern critics to include within the tradition three Robin Hood ballads which first appeared when Robert Jamieson transcribed them from Mrs. Brown of Falkland (1747-1810).
To begin with, it is necessary to provide a very brief history of Robin Hood scholarship during the late eighteenth and early nineteenth centuries. There was a significant degree of interest in the medieval English past during the mid-to-late eighteenth century, and much of this amateur scholarship focused upon medieval and early-modern ballads, especially those relating to historic worthies such as King Arthur and Robin Hood, with ballads about him appearing repeatedly in various antiquaries’ works. Thomas Percy’s three volume Reliques of Ancient English Poetry in 1765 featured the ballad Robin Hood and Guy of Gisborne, and in the four volume work Old Ballads, Historical and Narrative published by the Welsh bookseller and antiquary in 1784 almost every post medieval Robin Hood ballad was printed. The most famous eighteenth-century Robin Hood scholar, however, was Joseph Ritson (1752-1803). His two volume work Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads was, upon its first publication in 1795, the definitive collection of Robin Hood texts. Ritson made available in two volumes texts such as the fifteenth-century poems A Gest of Robyn Hode, and Robin Hood and the Monk. In his collection Ritson also included the texts of seventeenth-century broadside ballads such as Robin Hood and the Tanner, and Robin Hood’s Progress to Nottingham.
None of the ballads in Ritson’s collection, however, provided the story of Robin Hood’s birth. It was not until Jamieson published a collection of ballads entitled Popular Ballads and Songs, from Tradition, Manuscripts, and Scarce Editions in 1806 did an account of Robin’s birth appear in a ballad entitled The Birth of Robin Hood. Another never before seen ballad relating to Robin’s life entitled The Wedding of Robin Hood and Little John also appeared in the same collection. Walter Scott in Minstrelsy of the Scottish Border published in 1802 included another of Mrs. Brown’s Robin Hood ballads entitled Rose the Red, and White Lily. Jamieson and Scott transcribed these ballads from Mrs. Brown. Usually the only woman associated with the Robin Hood legend is Maid Marian, and the only writers who have represented her have usually been men. Thus, a conference which focuses upon women’s history is the perfect opportunity to discuss these ballads and explore what I shall call the ‘literary afterlife’ and subtle influence of Mrs. Brown upon later manifestations of the Robin Hood tradition – a woman whose contributions to the legend, if she is remembered at all, have often been dismissed by late-nineteenth and twentieth-century scholars.
Mrs. Brown’s Ballads and their Critical Reception
Anna Gordon was born in Aberdeen in 1747, the daughter of Thomas Gordon, a Professor of Humanities, and Lilias Forbes. She grew up in a Scotland in which ballads were central to both elite and popular culture’. The most significant ballad which was transcribed from Mrs. Brown of Falkland was the aforementioned The Birth of Robin Hood. The story follows the daughter of Earl Richard who falls in love with a servant named Willie – a union of which she knows her father the Earl would disapprove. The Earl’s daughter and Willie often have secretive meetings in the forest, and it is soon revealed that she is pregnant. The Earl’s daughter escapes from her home to go and give birth in the forest. Realising that his daughter is missing, the Earl convenes a search party and goes out after her. He finds his daughter in the wood, exhausted from having given birth and, despite the circumstances of the illegitimate birth the Earl is overcome with happiness upon seeing the child:
He kist him o’er and o’er again:
‘My grandson I thee claim;
And Robin Hood in the gude green wood,
And that shall be your name.’ 
Thus the ballad sets up a noble parentage for Robin Hood. While The Birth of Robin Hood has at least made into Barrie Dobson and John Taylor’s critical anthology of Robin Hood ballads Rymes of Robyn Hood (1976), Brown’s second Robin Hood ballad entitled The Wedding of Robin Hood and Little John did not, and has received very little critical attention. The ballad relates the story of two women who one day decide to dress in men’s clothes and travel into the greenwood under the assumed names of Nicholas and Roger Roun. The two women are found sleeping in the wood by Robin Hood and Little John, and eventually one of the women, Roger, becomes pregnant:
“When we were in our father’s ha’,
We wore the beaten gold;
But now we wear the shield so sharp,
Alas! We’ll die with cold!”
Then up bespake him Robin Hood,
As he to them drew near;
“Instead of boys to carry the bow,
Two ladies we’ve got here.”
So they had not been in gud green-wood,
A twalmonth and a day,
Til Roger Roun was as big wi’ bairn
As ony ladie could gae.
During the early nineteenth century when the ballads first appeared, there appears to have been little question over whether the ballads should be included as part of the developing canon. Ritson’s original text was reprinted in 1820, 1823, 1832, and then revised and expanded in 1865. Brown’s ballads appeared in both the 1832 and the 1865 editions of Ritson’s text. Furthermore, the historian John Mathew Gutch included Brown’s ballads in his two volume critical anthology A Lytell Geste of Robin Hode published in 1847. Gutch justified the inclusion of Brown’s The Birth of Robin Hood by writing that:
It is certainly characteristic, and perfectly consistent with [Robin Hood’s] subsequent life and conduct; insomuch, that it cannot be said of the renowned hero of Sherwood, as Deianira says of Hercules, – “Dissimiles hic vir et ille puer”.
And of Rose the Red, and White Lily and The Wedding of Robin Hood and Little John he says that
There can be no doubt that the three following ballads relate to Robin Hood and Little John and have their origin in the same tradition.
However, the attitude towards these ballads changed as the nineteenth century progressed. A further edition of Ritson’s work appeared in 1884 which did not include Brown’s ballads. Between 1882 and 1898 Francis J. Child published the multivolume The English and Scottish Popular Ballads. His third volume was devoted almost entirely to Robin Hood ballads. Yet Brown’s ballads were not to be included alongside other ‘canonical’ Robin Hood texts but were placed in the second volume which dealt with songs of Scottish origin. The main reason that he gave for placing Brown’s ballads outside of the Robin Hood canon was that many of them bear resemblance to other popular Scottish ballads, and Child stated that all of Brown’s songs were said to be variants upon the popular Scottish ballad Willie O’ Douglas Dale.
He justified excluding Rose the Red, the White and Lily and The Wedding of Robin Hood and Little John from the Robin Hood tradition because:
Robin Hood has no love-story in any ancient ballad, though his name has been foisted into modern love ballads, as in “Robin Hood and the Tanner’s Daughter” […] Maid Marian is a late accretion. There is a piteously vulgar broadside, in which Maid Marian, being parted from Robin, dresses herself “like a page” (but armed fully), meets Robin Hood, also under disguise, and has an hours fight with him.
When discussing The Birth of Robin Hood Child made a break with established scholarly practice and renamed the ballad as Willie and Earl Richard’s Daughter. To justify this he stated that:
This ballad certainly does not belong to the cycle of Robin Hood, and for this reason the title hitherto held by it could not be retained […the title of] the Earl of Huntingdon has no place in the ancient traditional ballads of Robin Hood, but is of later literary invention.
Child was correct, of course, for Robin was not named as the Earl of Huntingdon until Anthony Munday’s two plays The Downfall of Robert, Earle of Huntington and The Death of Robert, Earle of Huntingdon written between 1597 and 1598.
Taken at face value, Child’s justifications for excluding these ballads appear to be relatively sound. What is perplexing, however, is that despite the objections listed above, Child includes as part of the Robin Hood canon certain ballads at which his afore-mentioned rationale could also be raised. For example, most of the later seventeenth-century Robin Hood ballads such as Robin Hood and the Tanner and Robin Hood and the Scotchman are merely variations upon the theme of The Jolly Pinder of Wakefield. Although very few ballads reveal that Robin has a love interest such as Robin Hood and Maid Marian, and Robin Hood’s Birth, Breeding, Valour, and Marriage which sees Robin marry Clorinda, the Queen of the Shepherdesses, Child has no compunction about including these in the tradition. Child also includes Martin Parker’s A True Tale of Robin Hood originally published in 1632. This ballad names Robin as the Earl of Huntingdon, yet is included despite his remarks that any ballad stating that Robin was a nobleman was of dubious canonicity.
The reasons why Child applied these double standards to these ballads will likely have died with Child himself. Child’s view has persisted into modern scholarship. Barrie Dobson and John Taylor state in Rymes of Robyn Hood that
Mrs. Brown’s ballad owes nothing but Robin Hood’s name to the native English cycle of stories.
While they even went so far as to suggest that Brown simply invented the stories, saying that
It remains suspicious that for the missing story of [Robin Hood’s] birth we have to wait until the recitation of a remarkable Scottish woman delivered five years after the first (1795) edition of Ritson’s comprehensive collection.
The suggestion that Brown invented these ballads contradicts David C. Fowler’s earlier argument that Mrs. Brown’s ballads were learned from her mother, aunt, and her maidservant. Moreover, Mrs. Brown’s ballads appear nowhere in the even more recent ballad anthology by Stephen Knight and Thomas Ohlgren entitled Robin Hood and Other Outlaw Tales (2000). But the exclusion of Brown’s ballads from the overall tradition, especially in the face of the double standards applied to their ‘authenticity’ when compared to other Robin Hood tales, should encourage a rethink of what scholars mean by ‘canon’ when discussing legends such as Robin Hood.
However, Mrs. Brown would go on to enjoy a ‘literary afterlife’ as the old village woman Goody in the framing narrative of the first Robin Hood novel entitled Robin Hood: A Tale of the Olden Time published in 1819. The novel begins in the nineteenth-century lawyer’s home in Oxfordshire where he is holding a dinner party, and the subject turns to ancient songs and ballads. The lawyer reveals that there is a woman named Goody living in the village who is descended from Welsh bards and knows by heart several tales of Robin Hood. On the next evening the whole village descends on Goody’s cottage to hear a tale of Robin Hood and his merry men. Stephen Knight, who has studied this novel in depth, agrees that Goody is modelled upon Mrs. Brown.
Robert Southey in his unfinished poem entitled Robin Hood: A Fragment which was published in 1847 utilises the plot of The Birth of Robin Hood. Earl William – a name obviously taken from Brown’s ballad – and his lover Emma are now respectably married:
O! Emma! fairest, loveliest of thy sex!
For sure, if ever on a marriage day
Approving angels smiled
Upon their happy charge,
‘Twas when her willing hand
Was to Lord William given.
The noble to the noble — blooming youth
To manhood in its comeliness and prime:
Beauty to manliness and worth to worth;
The gentle to the brave —
The generous to the good.
In fact, Southey expanded and continued the plot of Brown’s ballad, which sees Robin’s mother die and Earl William descend into depression. Thus the situation is this: works which are considered to be canonical have taken some of their inspiration from a supposedly non-canonical work, and in view of this, perhaps it is time to reconsider the status of Mrs. Brown’s ballads within the Robin Hood tradition.
 Stephen Knight, Reading Robin Hood: Content, Form and Reception in the Outlaw Myth (Manchester: Manchester University Press, 2015), pp.36-54.
 See Monica Santini, The Impetus of Amateur Scholarship: Discussing and Editing. Medieval Romances in Late-Eighteenth and Nineteenth-Century Britain (Bern: Peter Lang, 2010).
 Ruth Perry, ‘The Famous Ballads of Anna Gordon, Mrs. Brown’ in A Cultural History of Women in the Age of Enlightenment ed. by Ellen Pollack 6 Vols. (Michigan: Michigan State University Press, 2012) 4: 2 [Internet <https://lit.mit.edu/wp-content/uploads/Famous-Ballads.pdf> Accessed 27 July 2016].
 For a critical edition, see Anna Gordon Brown, ‘The Birth of Robin Hood’ in Rymes of Robyn Hood: An Introduction to the English Outlaw ed. by R. B. Dobson & J. Taylor 3rd Edn. (Stroud: Sutton, 1997), pp.195-197.
 Brown, ‘The Birth of Robin Hood’, p.197.
 Anna Gordon Brown, ‘The Wedding of Robin Hood and Little John’ in A Lytell Geste of Robin Hood ed. by J. M. Gutch (2 Vols. London: Longman, 1847), 2: 391.
 Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (London: T. Egerton, 1795; repr. London: Longman, 1820).
 Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (2 Vols. London: T. Egerton, 1795; repr. London: C. Stocking, 1823).
 Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (2 Vols. London: T. Egerton, 1795; repr. 2 Vols. London: William Pickering, 1832).
 Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (2 Vols. London: T. Egerton, 1795; repr. London: Bell and Daldy, 1865).
 A Lytell Geste of Robin Hode ed. by J. M. Gutch, 2: 373; the translation of the Latin reads ‘how different from the present man was the youth of earlier days’.
 A Lytell Geste of Robin Hode, ed. by J. M. Gutch, 2: 377.
 Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads ed. by Joseph Ritson (2 Vols. London: T. Egerton, 1795; repr. [n.p.]: [n.pub.], [n.d.]).
 The English and Scottish Popular Ballads, ed. Francis J. Child (5 Vols. Boston: Little, Brown & Co. 1882-1898; repr. 5 Vols. New York: Dover, 2005), 2: 406.
 Child, 2: 417.
 Child, 2: 412.
 Child, 3: 130.
 Child, 3: 227-233.
 Dobson Taylor, p.195.
 Suzanne Gilbert, ‘Orality and the Ballad Tradition’ in The Edinburgh Companion to Scottish Women’s Writing ed. by Glenda Norquay (Edinburgh: Edinburgh University Press, 2012), 35-43 (pp.39-40).
 Robin Hood and Other Outlaw Tales, ed. by Stephen Knight & Thomas Ohlgren (Kalamazoo, MI: Medieval Institute Publications, 2000).
 Anon. Robin Hood: A Tale of the Olden Time 2 Vols. (Edinburgh: Oliver & Boyd, 1819), 1: 54-78.
 Knight, Reading Robin Hood, p.146-147.
 Robert Southey, Robin Hood: A Fragment (London: William Blackwood, 1847), pp.1-2.
The ballad The Birth of Robin Hood is of uncertain date, and never appeared in Joseph Ritson’s influential Robin Hood: A Collection of all the Ancient Poems, Songs, and Ballads (1795). It came to the attention of Robert Jamieson in 1800, who heard a Mrs. Brown, of Falkland, singing the song. Jamieson later published it in his ballad anthology Popular Ballads and Songs, from Tradition, Manuscripts, and Scarce Editions (1806). Mrs. Brown contributed two songs to the Robin Hood tradition: The Birth of Robin Hood, and Rose the Red, and White Lily. The latter song also came to the attention of Sir Walter Scott and was included in his ballad collection The Minstrelsy of the Scottish Border (1802). Scott’s influence over the Robin Hood legend in 1819 would be immeasurable.
The story of The Birth of Robin Hood concerns a man called Willie who goes to serve as a retainer in the household of an Earl Richard. Whilst there, he falls in love with Earl Richard’s daughter, who remains nameless. Knowing her father would probably hang his steward if he found out about their relationship, the couple carry on their relationship in secret. Eventually she falls pregnant with his son, and the couple go out to the woods so she can give birth without her father knowing. Back at Earl Richard’s home, he thinks his daughter has gone missing and organises a search party to find her. The men search everywhere, and eventually Richard finds his daughter in the woods nursing a young boy. Moved with compassion, he picks up in the infant:
He kist him o’er and o’er again:
‘My grandson I thee claim,
And Robin Hood in gude green-wood,
And that shall be your name.’
The language indicates that it is clearly a ballad of Scottish origin, and the account of Robin Hood’s birth that it gives seems to many scholars to be improbable. It is certainly not a ballad of medieval origin. For these reasons this song has not always been popular among ballad collectors and Robin Hood scholars. The antiquary J. M. Gutch in A Lytell Geste of Robin Hode (1847) said that ‘little historical credit may be due to it’ due to the fact that it seems to ‘fit’ the legend almost too well, assigning Robin Hood a birth of noble degree, when in fact the earliest texts such as A Lytell Geste of Robyn Hode (c.1450) state that Robin was not an Earl but a yeoman (the Earl of Huntingdon storyline only came in 1598 with Anthony Munday’s two plays The Downfall of Robert, Earl of Huntingdon and The Death of Robert, Earl of Huntingdon). Similarly, the folk song scholar Francis J. Child in The English and Scottish Popular Ballads (1898) did not include it in his collection of Robin Hood ballads, instead assigning it the title of Willie and Earl Richard’s Daughter. It is only Sir Arthur Quiller-Couch in The Oxford Book of Ballads (1947) that this ballad was placed alongside other ballads.
Whilst many events of Robin Hood’s life recounted even in the later seventeenth-century ballads seem to have been incorporated somehow into the legend via film and television (i.e. the fight which Robin and Little John have when they first meet), this ballad seems not to have had a great impact, which is a shame because it is one of the most singable, infectious tunes of all the Robin Hood ballads which I have come across.
The Lyrics – Unaltered from Mrs. Brown in 1800.
O WILLIE’s large o’ limb and lith,
And come o’ high degree,
And he is gane to Earl Richard,
To serve for meat and fee.
Earl Richard had but ae daughter,
Fair as a lily-flower,
And they made up their love-contract
Like proper paramour.
It fell upon a simmer’s nicht,
Whan the leaves were fair and green,
That Willie met his gay ladie
Intil the wood alane.
‘O narrow is my gown, Willie,
That wont to be sae wide;
And gane is a’ my fair colour,
That wont to be my pride.
‘But gin my father should get word
What’s past between us twa,
Before that he should eat or drink,
He’d hang you o’er that wa’.
‘But ye’ll come to my bower, Willie,
Just as the sun gaes down,
And kep me in your arms twa,
And latna me fa’ down.’
O whan the sun was now gane down,
He’s doen him till her bower,
And there, by the lee licht o’ the moon,
Her window she lookit o’er.
Intill a robe o’ red scarlèt
She lap, fearless o’ harm;
And Willie was large o’ lith and limb,
And keppit her in his arm.
And they’ve gane to the gude green-wood,
And, ere the night was deen,
She’s born to him a bonny young son,
Amang the leaves sae green.
Whan night was gane, and day was come,
And the sun began to peep,
Up and raise the Earl Richard
Out o’ his drowsy sleep.
He’s ca’d upon his merry young men,
By ane, by twa, and by three:
‘O what’s come o’ my daughter dear,
That she’s nae come to me?
‘I dreamt a dreary dream last night,
God grant it come to gude!
I dreamt I saw my daughter dear
Drown in the saut sea flood.
‘But gin my daughter be dead or sick,
Or yet be stown awa’,
I mak a vow, and I’ll keep it true,
I’ll hang ye ane and a’!’
They sought her back, they sought her fore,
They sought her up and down;
They got her in the gude green-wood,
Nursing her bonny young son.
He took the bonny boy in his arms,
And kist him tenderlie;
Says, ‘Though I would your father hang,
Your mother’s dear to me.’
He kist him o’er and o’er again:
‘My grandson I thee claim,
And Robin Hood in gude green-wood,
And that shall be your name.’
And mony ane sings o’ grass, o’ grass
And mony ane sings o’ corn,
And mony ane sings o’ Robin Hood
Kens little whare he was born.
It wasna in the ha’, the ha’,
Nor in the painted bower;
But it was in the gude green-wood,
Amang the lily-flower.
Lyrics in Modern English
Oh Willie’s tall, and Willie’s strong
And he is born of high degree,
And he has gone to Earl Richard
To serve obediently.
Earl Richard had one daughter dear,
The fairest to be seen,
And Willie fell in love with her
All in the garden green.
Well, the summer’s night was warm and still
And brightly shone the moon,
When Willie’s met his sweetheart
In the garden, all alone.
“Oh narrow is my gown, Willie,
That wont be so wide,
And gone is all my fair colour
That wont to be my pride.
“But if my father should find out
What’s passed between us two,
Before that he would eat or drink
He would hang you over that wall.
“But come up to my bower, Willie,
Just as the sun goes down,
And catch me in your two strong arms
And let me not fall down.”
So when the sun was setting low
He has gone up to her bower,
And by the pale light of the moon
Her window she looked over.
All in that robe of red scarlet
She jumped, fearless of harm.
And Willie was tall and Willie was strong,
He caught her in his arms.
When night was done, and day was come
And the light began to creep,
Well up and rose the Earl Richard
From out of his drowsy sleep.
“Well I dreamed a dreadful dream last night,
God grant it come to good:
I dreamed I saw my daughter dear
Drowning in the flood.”
So he’s called to him his servant men
By one, by two, by three,
“Oh what’s become of my daughter dear
That she’ll not come to me?”
“Oh if that she’s been stolen away
Or taken from this hall,
Well I’ll make a vow and I’ll keep it true:
I’ll hang you one and all!”
So they searched east and they searched west,
And they searched up and down.
They found her in the merry green wood
Nursing her bonny young son.
Well he’s taken the baby all in his arms
And kissed him tenderly,
Saying, “Although I would your father hang
Yet your mother is dear to me.”
He kissed him once, he kissed him twice:
“My grandson I thee claim,
And Robin Hood in the merry green wood
That shall be your name.”
There’s many that sing of green, green grass
And sing of golden corn,
And there’s many that sing of Robin Hood
Know not where he was born.
Well, it wasn’t in the lofty hall
Nor in the painted bower,
But it was in the merry green wood
All among the lily-flowers.
During the reign of King James I of England (and VI of Scotland), people traveling through Ayreshire in Scotland were liable to go missing. But the authorities could never quite figure out why people were liable to go missing.
Sawney Beane and his family lived in a cave by the sea, and had no contact with the outside world, except for robbing unweary travelers. However, they were much more than simple murderers; the bodies of those they killed were used for food, as Smith records that:
Neither did they ever frequent any market, for any sort of provision; but as soon as they had robb’d, and murder’d, any man, woman, or child, they left not any carcase behind ’em, but carried it to their den, where cutting it into quarters, would pickle them, and live upon human flesh.
They were cannibals, and over 1,000 men, women, and children, lost their lives in this way. Of Bean’s family, Smith notes that it consisted of:
His wife, 8 sons, 6 daughters, 18 grandsons, and 14 granddaughters, begotten in incest.
One time, however, one of their victims, a man, whose wife was murdered by the family, after the female cannibals ‘cut her throat…ript up her belly and pulled out all her intrails,’ managed to escape, and alerted the authorities as to what was happening.
An expedition was soon mounted to capture the family, which was led by the king himself. When the authorities penetrated into the family’s subterranean lair, this is the scene which is described in Smith’s work:
To their great surprize…the legs, arms, thighs, hands, and feet, of men, women, and children, hung up like dry’d beef, and some limbs lying in a pickle, a great mass of money, both gold and silver, watches, swords, pistols, and a great quantity of cloaths, both linnen and woolen, and infinite other things, which they had taken from them they had murder’d.
Murder in the seventeenth and eighteenth centuries was viewed, and still is perceived, as one of the most heinous crimes, carrying with it, according to Lincoln B. Faller, a direct upon God and society. Beane and his family have gone one step worse than this, having subsisted upon human flesh-a practice that is directly prohibited in the Bible.
Such outrageous crimes demanded that the authorities take an equally outrageous response in punishing these depraved monsters:
The men, without process, or any manner of tryal, had their privy members cut off, and flung into the fire before their faces, then their hands, and legs, were cut off, by which amputation they bled in some hours to death: all this torture being justly inflicted upon them in sight of the wife, daughters, and grandchildren; they were then all burnt in 3 several fires, all dying like the men too, without repentance, but cursing, and venting, dire imprecations, to the last breath.
Now, is the legend true? One local historian from Ayreshire maintains that the story is ‘almost certainly fictional,’ and gives his reasoning thus:
The Bean family’s 25–year spree of robbery and cannibalism accounted for over 1000 victims, and (according to the tale) caused a ‘general outcry in the country round about’ and ‘the whole country was almost depopulated’. One might presume, then, that some mention of the outcry would be found in family papers, correspondence and memoirs of the period. Nothing of the sort has ever surfaced and William Roughead, one suspects, left few stones unturned on his search for a good, but valid, story. No account of Bean appears in Pitcairn’s Criminal Trials in Scotland, 1494–1624. Neither is there any record of the trials of the travellers and innkeepers who were, according to the story, wrongfully hanged for Bean’s murders.
He does concede, however, that ‘there is no smoke without fire;’ there may have been a cannibalistic family living in a cave in sixteenth-century Scotland (law enforcement wasn’t exactly strong in this period), who may have killed over 1,000 people in this way…but we’ll never know just how true it was.
However, this did not stop the writers of 18th-century criminal biography from ‘using’ this folk legend. The 18th century was, in my view, the golden age of crime fiction; a time when the lives of criminals were used in various works to warn readers of the dangers of following a life of crime. Criminal narratives from this period, according to Faller, represent their criminals according to three ‘types’: hero, brute, buffoon, though very few criminals are wholly one kind or another. Criminals, writes the French philosopher, Emile Durkheim, are like a social resource, demarcating the bounds of acceptable human behaviour; Sawney Beane and his family represented the extremes of prohibited human behaviour; people can be thieves, people can be murderers, but there are some things that you just shouldn’t do. Beane is subnormal, murderous, cannibalistic, incestuous; the readers of 18th-century criminal biography could identify with, and to a certain extent, sympathise with ‘nice’ criminals such as Dick Turpin (1705-1739), but Beane’s family are a whole different kettle of fish. No one would want to imagine themselves as a Sawney Beane, in the same way that readers might identify and want to be a criminal ‘hero’ like Turpin (although highwaymen too gained a poor reputation by the end of the 18th century). The ‘brute’ criminal inflicts maximum suffering upon his victims, like Beane does, whilst the ‘heroic’ criminalis relatively gentle to his victims, or carries out his crimes in such a way as to lessen the impact upon them, such as the highwayman’s robbing ladies ‘politely’. The narrative of Beane’s life in 18th-century criminal biography in something of an anomaly; usually these narratives told a generic story-birth, life, death by hanging. The protagonist of the narrative is usually the criminal, with whom the reader is asked to identify; not in Beane’s case, however, his crimes are so serious that, even though execution without a trial was anathema in the 18th century, it is implied that Beane and his family deserve it.
Perhaps the reason why the story has proved resilient is that it plays on people’s deepest, darkest fears; we don’t want to believe that there are sections of humanity capable of carrying out such an act, and books and movies portraying such heinous crimes serve to palliate these fears by telling us, ‘don’t worry, it’s only a story,’ even though we know, deep down, that there are probably some very unsavoury criminal characters out there.