Thanks, Jim, for the pointer to Durfey. Here's his text:

GILDEROY

Gilderoy was a bonny Boy,
Had Roses tull his shun,
His Stockings were made of the finest Silk,
His Garters hanging down:
It was a comely sight to see,
He was so trim a Boy;
He was my Joy and Heart's Delight,
My Handsom Gilderoy.

Oh sike a charming Eye he had,
A Breath as sweet as a Rose,
He never wore a Hiland plad,
But costly silken Cloaths:
He gain'd the Love of Ladies gay,
There's none to him was Coy;
Ah, wa's me, Ise mourn this Day,
For my Dear Gilderoy.

My Gilderoy and I was born,
Both in one Town together;
Not past Seven years of Age,
Since one did Love each other:
Our Daddies and our Mammies both,
Were cloath'd with mickle Joy,
To think upon the Bridal Day,
Betwixt I and my Gilderoy.

For Gilderoy, that Love of mine,
Geud faith Ise freely bought:
A Wedding-sark of Holland fine,
With Silk in Flowers wrought:
And he gave me a Wedding Ring,
Which I receiv'd with Joy;
No Lads or Lasses e'er could Sing,
Like my sweet Gilderoy.

In mickle Joy we spent our time,
Till we was both Fifteen;
Then gently he did lay me down,
Amongst the leaves so green:
When he had done what he could do,
He rose and he gang'd his way;
But ever since I lov'd the Man,
My Handsome Gilderoy.

While we did both together play,
He kiss'd me o'er and o'er;
Geud faith it was as blith a Day,
As e'er I saw before:
He fill'd my Heart in every Vein,
With Love and mickle Joy;
Who was my Love and Hearts delight,
Mine own sweet Gilderoy.

Oh never, never shall I see,
The cause of past Delight;
Or sike a lovely Lad as he,
Transport my Ravish'd sight:
The Law forbids what Love enjoyns,
And does prevent our Joy;
Though just and fair were the Designs,
Of me and Gilderoy.

'Cause Gilderoy had done amiss,
Must he be punish'd then;
What kind of Cruelty is this
To hang such Handsom Men?
The Flower of the Scotish land,
A sweet and lovely Boy;
He likewise had a Lady's Hand,
My Handsom Gilderoy.

At Leith they took my Gilderoy,
And there God wot they bang'd him:
Carry'd him to fair Edenburgh,
And there God wot they hang'd him:
They hang'd him up above the rest,
He was so trim a Boy;
My only Love and Heart's Delight,
My Handsom Gilderoy.

Thus having yielded up his Breath,
In Cypress he was laid;
Then for my dearest, after Death,
A Funeral I made:
Over his Grave a Marble-stone,
I fixed for my Joy;
Now I am left to weep alone,
For my dear Gilderoy.


So that's all about the pre-marital sex (possibly under-age, as well, although I don't know what the view on the age of consent was in 1719).

But there must have been other versions still in circulation; there are broadsides in the Bodleian collection, dating from a century later than Durfey, which include a "What pity 'tis a man should hang" verse. The interesting thing is that some of them acknowledge that Gilderoy was a thief, following the Ritson text. Also, unless I'm imagining it, the broadsides seem to suggest that he was hanged for wearing a kilt.

Durfey (1719)

'Cause Gilderoy had done amiss,
Must he be punish'd then;
What kind of Cruelty is this
To hang such Handsom Men?

Ritson (1794)

Wae worth the loun that made the laws
To hang a man for gear!
To reave of life for ox or ass,
For sheep, or horse, or mare!
Had not their laws been made sae strick,
I neir had lost my joy,
Wi' sorrow neir had wat my cheek
For my dear Gilderoy.

Bodleian text (between 1790 and 1840)

Is it not a pity a man should die
For stealing women's wear
He never robbed house nor land
Nor yet stole horse nor mare
Had not the laws have been so strict
I never should have lost my joy
Oh! He was my soul and my heart's delight
And blooming Gilderoy.

Bodleian text (1860s)

'Tis a pity a man should e'er be hanged that takes up women's gear
Or for their pilfering sheep or calf, or stealing cows or mare
Had not our laws been made so strict I ne'er had lost my joy
Who was my joy and heart's delight, my handsome Gilderoy.

Then the version Lucy Broadwood collected:

What a pity it is a man should hang for stealing other women, where
He had neither robbed a house nor land and he stole neither horse nor deer.
For he was beloved by the old and the young and he was such a rakish boy,
He was my sovereign heart's delight, my handsome bold young Gilderoy.

It looks as if the line "To hang a man for gear" (i.e. property) puzzled English ballad-makers, who thought it must be a reference to clothes and jumped to the conclusion that it was about wearing the wrong kind of clothes, i.e. the 'womanish' kilt. So "gear" becomes "women's gear", then "women's wear", and finally the word "where", making for a very un-ballad-like enjambement into a sub-clause.

It's a shame Henry Burstow or his source had forgotten "Had not the laws been made so strict" - that's a lovely line.

Any other versions around with more of the stealing left in?