In the Life of Surtees, the evidence of the crime is thus dryly set forth, in following up a statement of the transmission of the manuscript, and of its publication: "Yet all this was a mere figment of Surtees's imagination, originating probably in some whim of ascertaining how far he could identify himself with the stirring times, scenes, and poetical compositions which his fancy delighted to dwell on. This is proved by more than one copy among his papers of this ballad, corrected and interlined, in order to mould it to the language, the manners, and the feelings of the period and of the district to which it refers. Mr Surtees no doubt had wished to have the success of his attempt tested by the unbiassed opinion of the very first authority on the subject; and the result must have been gratifying to him."
In Scott's acknowledgment of the contribution, printed also in the Life of Surtees, there are some words that must have brought misgivings and fear of detection to the heart of the culprit, since Scott, without apparently allowing doubts to enter his mind, yet marked some peculiarities in the piece, in which it differed from others. "Your notes upon the parties concerned give it all the interest of authority, and it must rank, I suppose, among those half-serious, half-ludicrous songs, in which the poets of the Border delighted to describe what they considered as the _sport of swords_. It is perhaps remarkable, though it may be difficult to guess a reason, that these Cumbrian ditties are of a different stanza and character, and obviously sung to a different kind of music, from those on the northern Border. The gentleman who collected the words may perhaps be able to describe the tune."
There is perhaps no system of ethics which lays down with perfect precision the moral code on literary forgeries, or enables us to judge of the exact enormity of such offences. The world looks leniently on them, and sometimes sympathises with them as good jokes. Allan Cunningham, who, like Ramsay, was called "honest Allan," did not lose that character by the tremendous "rises" which he took out of Cromek about those remains of Nithsdale and Galloway song--a case in point so far as principle goes, but differing somewhat in the intellectual rank of the victim to the hoax. The temptation to commit such offences is often extremely strong, and the injury seems slight, while the offender probably consoles himself with the reflection that he can immediately counteract it by confession. Vanity, indeed, often joins conscientiousness in hastening on a revelation. Surtees, however, remained in obdurate silence, and I am not aware that any edition of the Minstrelsy draws attention to his handiwork. Lockhart seems not only to have been ignorant of it, but to have been totally unconscious of the risk of such a thing, since he always speaks of its author as a respectable local antiquary, useful to Scott as a harmless drudge. Perhaps Surtees was afraid of what he had done, like that teller in the House of Commons who is said by tradition to have attempted to make a bad joke in the division on the Habeas Corpus Act by counting a fat man as ten, and, seeing that the trick passed unnoticed, and also passed the measure, became afraid to confess it.