rank are left; even the

appearance of popularity will vanish, leaving pride and infolence on the one hand, and abject fervility on the other. In a word, the distribution of land into many shares, accords charmingly with the free fpirit of the British constitution; but nothing is more repugnant to that spirit, than overgrown eftates in land.

In the fixth place, Arts and sciences can never flourish in a country, where all the land is engroffed by a few. Science will never be cultivated by the dispirited tenant, who can fcarce procure bread; and ftill lefs, if poffible, by the infolent landlord, who is too felf-fufficient for inftruction. There will be no encouragement for arts great and opulent proprietors, fostering ambitious views, will cling to the feat of government, which is far removed from Scotland; and if vanity make them sometimes display their grandeur at their country-feats, they will be too delicate for any articles of luxury but what are foreign. The arts and fciences being thus banished, Scotland will be deferted by every man of spirit who can find bread elsewhere.

In

In the feventh place, Such overgrown eftates will produce an irregular and dangerous influence with refped to the House of Commons. The parliament-boroughs will be fubdued by weight of money; and, with respect to county-elections, it is a chance if there be left in a county as mamy qualified landholders as to afford a free choice. In fuch circumftances, will our conftitution be in no danger from the ambitious views of men elevated above others by their vaft poffeffions? Is it unlikely, that fuch men, taking advantage of public difcord, will become an united body of ambitious oppreffors, overawing their fovereign as well as their fellow-fubjects? Such was the miferable condition of Britain, while the feudal oligarchy subfifted fuch at present is the miserable condition of Poland: and fuch will be the miferable condition of Scotland, if the legiflature do not stretch out a faving hand.

:

If the public intereft only were to be regarded, entails ought to be deftroyed root and branch. But a numberlefs bo

dy of substitutes are interested, many of whom would be difinherited, if the tenants in tail had power. To reconcile as

much

much as poffible thefe oppofite interefts, it is proposed that the following articles be authorised by a ftatute. First, That the act of parliament 1685 be repealed with respect to all future operations. Second, That entails already made and completed, fhall continue effectual to such subftitutes as exift at the date of the act propofed; but shall not benefit any fubftitute born after it. Third, That power be referved to every proprietor, after the act 1685 is at an end, to fettle his estate upon what heirs he thinks proper, and to bar thefe heirs from altering the order of fucceffion; thefe powers being inherent in property at common law.

At the fame time, the prohibiting entails will avail little, if truft-deeds be permitted in their utmost extent, as in England. And therefore, in order to re-establish the law of nature with refpect to land-property, a limitation of truft-deeds is neceffary. My propofal is, That no truft-deed, directing or limiting the fucceffion of heirs to a landestate, fhall be effectual beyond the life of the heirs in existence at the time.

SKETCH

1

SKETCH II.

Government of Royal Boroughs in Scotland.

Y a royal borough is in Scotland un

BY

derstood, an incorporation that hold their lands of the crown, and are governed by magiftrates of their own naming. The adminiftration of the annual revenues of a royal burough, termed the common good, is trufted to the magiftrates; but not without control. It was originally subjected to the review of the Great Chamberlain; and accordingly the chap. 39. $45. of the Iter Camerarii, contains the following articles, recommended to the Chamberlain, to be inquired into. "Giff "there be an good affedation and upta"king of the common good of the burgh, "and giff faithful compt be made there"of to the community of the burgh; and

giff no compt is made, he whom and "in quhaes hands it is come, and how it paffes by the community." In pur

fuance

fuance of these inftructions, the Chamberlain's precepts for holding the ayr, or circuit, is directed to the provoft and bailies, enjoining them to call all those who *have received any of the town's reve

66

nues, or used any office within the

burgh, fince the laft chamberlain-ayr, "to answer fuch things as fhall be laid to "their charge." Iter Camer. Cap. 1. And in the third chapter, which contains the forms of the chamberlain-ayr, the first thing to be done after fencing the court, is, to call the bailies and ferjeants to be challenged and accufed from the time of the laft ayr.

This office, dangerous by excess of power, being fuppreffed, the royal boroughs were left in a state of anarchy. There being now no check or control, the magiftracy was coveted by noblemen and gentlemen in the neighbourhood; who, under the name of office-bearers, laid their hands on the revenues of the borough, and converted all to their own profit. This corruption was heavily complained of in the reign of James V.; and a remedy was provided by act 26. parl. 1535, enacting, ift, That none be qualiVOL. IV.

3 N

fied