“The hero of the ballad is said to have been of the name of Scott, and is called a knight of great bravery. He lived in Ettrick, some say at Oakwood, others Kirkhope; but was treacherously slain by his brother-in-law, as related in the ballad, who had him at ill will because his father had parted with the half of all his goods and gear to his sister on her marriage with such a respectable man. The name of the murderer is said to be Annand, a name I believe merely conjectural from the name of the place where they are said both to be buried, which at this day is called Annan’s Treat, a low muir lying to the west of Yarrow church, where two huge tall stones are erected, below which the least child that can walk the road will tell you the two lords are buried that were slain in a duel.” Sir Walter Scott, in the revised edition of his Minstrelsy, expressed a conviction that this ballad referred to a duel fought between John Scott of Tushielaw and his brother-in-law Walter Scott of Thirlestane, in which the latter was slain.[108] Contemporary entries in the records of the Presbytery of Selkirk show that John Scott, son to Walter of Tushielaw, killed Walter Scott, brother of Sir Robert of Thirlestane, in 1609. The slain Walter Scott was not, however, the brother-in-law of John of Tushielaw, for his wife was a daughter of Sir Patrick Porteous. A violent feud ensued, as might be expected, between the Scotts of Thirlestane and of Tushielaw. Seven years later, in 1616, a Walter Scott of Tushielaw made “an informal and inordinat marriage with Grizel Scott of Thirlestane without consent of her father.” The record of the elopement is three months after followed by an entry of a summons to Simeon Scott of Bonytoun (an adherent of Thirlestane) and three other Scotts “to compear in Melrose to hear themselves excommunicat for the horrible slaughter of Walter Scott” [of Tushielaw]. Disregarding the so-called duel, we have a Walter Scott of Tushielaw carrying off a wife from the Scotts of Thirlestane, with which family he was at feud; and a Walter Scott of Tushielaw horribly slaughtered by Scotts of Thirlestane. These facts correspond rather closely with the incidents of the ballad. We do not know, to be sure, that the two Walter Scotts of Tushielaw were the same person. There were Walter Scotts many; but tradition is capable of confounding the two or the three connected with this series of events. On the other hand, there is nothing in the ballad to connect it preferably with the Scotts; the facts are such as are likely to have occurred often in history, and a similar story is found in other ballads.