“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.... 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 Johnnie Faa, the king of the gypsies. Perhaps, therefore, the tradition handed down in this way may have had more foundation than it would at present be proper positively to assert.” In the way of comment upon these surmises of Scott, which proceed mainly upon what we do not know, it may be alleged that we have a fairly good record of the relations of Selkirkshire to the Scottish crown during the fourteenth century, when this district was so often changing hands between the English and the Scotch, and that there is no indication of any Murray having been concerned in winning it from the Southron, as is pretended in the ballad, either then or at any time, so that this part of the story may be set down as pure invention.[109] Hardly less fictitious seems to be the dispute between the Scottish king and a Murray, in relation to the tenure. The Murrays first became connected with Selkirkshire in 1461. John de Moravia then acquired the lands of Philiphaugh, and was afterwards appointed Custos of Newark Castle, and came into possession of Hangingshaw and Lewinshope. All of these are attributed to the Outlaw in the ballad. This John Murray was a contemporary of Boyd, Earl of Arran, and of the forfeited Murray of Traquair, but, with all this, nobody has pitched upon him for the Outlaw; and it would not have been a happy idea, for he was on perfectly good terms, and even in great favor, with the court under James III. His grandson, John Murray, was in equal or greater favor with James IV, and was made hereditary Sheriff of Selkirk in 1509, and for this last reason has been proposed for the Outlaw, though “nothing could be more improbable than that this orderly, ‘circumspect,’ and law-enforcing officer of the crown should ever take up an attitude of rebellious defiance so diametrically opposed to all we really know of his character and conduct.”[110]