where he can find no land to purchase; for to raise a family by acquiring an estate in land, is the ultimate aim of every merchant, and of every man who accumulates money.

Thirdly, an entail is a bitter enemy to population. Population is generally proportioned to the number of Jand-proprietors. A very fmall portion of land, managed with skill and induftry, affords bread to a numerous family; and the great aim of the frugal proprietor is to provide a fund for educating his children, and for eftablishing them in bufinefs. A numerous issue, at the fame time, is commonly the lot of the temperate and frugal; becaufe they are ftrangers to luxury and voluptuoufnefs, which enervate the body, and dry up the fources of procreation. This is no chimera or fond imagination traverfe Europe; compare great capitals with diftant provinces; and it will be found to hold univerfally, that children abound much more among the induftrious poor, than among the luxurious rich. But if divifion of land into fmall properties, tend to population; depopulation must be the neceflary confequence of an entail, the avowed intent of which is to unite many finall properties in one great eftate; and confequently, to reduce land-proprietors to a fmall number.

Let us, in the fourth place, take under confideration, the children of land-holders with respect to education and industry; for unless men be usefully employed, population is of no real advantage to a state. In that refpect, great and fmall eftates admit no comparison. Children of great families, accustomed to affluence and luxury, are too proud for bufinefs; and were they even willing, are incapable to drudge at a laborious employment. At the fame time, as the father's hands are tied up by his entail from affording them means to fubfift as perfons of rank, they become a burden on the family, and on the ftate, and can do no fervice to either, but by dying. Yet there are men fo blind, or fo callous, as to be fond of entails. Let us try whether a more pleafing feene will have any effect upon them. Children of fmall land-holders, are from infancy educated in a frugal manner; and they must be induftrious, as they depend on industry for bread. Among that clafs of men, education

education has its moft powerful influence; and upon that class a nation chiefly relies, for its skilful artifts and manufacturers, for its lawyers, phyficians, divines, and even for its generals and statesmen.

And this leads to confider in the fifth place, the influence that great and small eftates have on manners. Gentlemen of a moderate fortune, connected with their fuperiors and inferiors, improve fociety, by spreading kindly affection through the whole members of the state. In fuch only refides the genuine fpirit of liberty, abhorrence equally of fervility to fuperiors and of tyranny to inferiors. The nature of the British government, creates a mutual dependance of the great and finall on each other. The great have favours to beftow: the small have many more, by their privilege of electing parliament-men; which obliges men of high rank to affect popularity, if they have none at heart. This connection produces good manners at leaft between different ranks, and perhaps fome degree of cordiality. Accumulation of land into great eftates, produces oppofite manners: when all the land in Scotland is fwallowed up by a number of grandees, and few gentlemen of the middle 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 diftribution of land into many fhares, accords charmingly with the free fpirit of the British conftitution; but nothing is more repugnant to that fpirit, than overgrown ettates in land.

In the fixth place, Arts and fciences can never flourish in a country, where all the land is engroffed by a few men. Science will never be cultivated by the difpirited 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 fometimes difplay their grandeur at their country-feats, they will be too delicate for any articles of luxury but what are foreign. The arts and fcienees being thus banished, Scotland will

be

be deferted by every man of spirit who can find bread elsewhere.

In the feventh place, fuch overgrown eftates will produce an irregular and dangerous influence with refpect to the House of Commons. The parliament-boroughs will be fubdued by weight of money; and with refpect to county-elections, it is a chance if there be left in a county as many land-holders capable to elect, and to be elected, as even to afford a choice. In fuch circumftances, will our conftitution be in no danger, from the aimbitious 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 fubfifted: fuch at prefent is the miferable condition of Poland: and fuch will be the miferable condition of Scotland, if the legiflature afford not a remedy.

If the public intereft only were to be regarded, the axe ought to be applied, cutting down entails to the very root: but a numberless body of fubftitutes are interested, many of whom would be difinherited if the tenants in tail had power. To reconcile as much as poffible these oppofite interefts, it is propofed, that the following articles be authorised by a ftatute. First, that the act of parliament 1685 be repealed with refpect to all future operations. Second, that entails already made and compleated, fhall continue effectual to such substitutes as exift at the date of the act proposed; 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 eftate upon what heirs he thinks proper, and to bar thofe heirs from altering -the order of fucceffion; thefe powers being inherent in property at common law.

At the fame time, prohibiting entails will avail little, if truft-deeds be permitted in their utmoft extent, as in England. And therefore, in order to re-establish the law of nature with refpect to land property, a limitation VOL. IV.

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of truft-deeds is neceffary. My propofal is, that no truft-deed, directing or limiting the fucceflion of heirs to a land-eftate, fhall be effectual beyond the life of the heirs in existence at the time.

SKETCH

SKETCH HI. "

Government of ROYAL BOROUGHS in Scotland.

Y a royal borough is in Scotland understood 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 borough, termed the common good, is trufted to the magiftrates; but not without control. It was originally fubjected 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 enquired into. Giff there be an good affedation and

uptaking of the common good of the burgh, and giff faithful compt be made thereof 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 pursuance of thefe inftructions, the chamberlain's precept for holding the ayr, or circuit, is directed to the provoft and bailies, enjoining them," to call all thofe who have received any of the "town's revenues, or ufed any office within the burgh, fince the laft chamberlain-ayr, to anfwer fuch things as fhall be laid to their charge." Iter Camer. cap.

I.

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 frora the time of the last ayr.

This office, dangerous by excefs of power, being fuppreffed, the royal boroughs were left in a ftate of anarchy. The magistracy being now no longer under any check or control, was coveted by noblemen and gentlemen in the neighbourhood; who, under the nanie 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 1ft, that none be qualified to be provoft, bailie, or alderman, but an indwelling

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burgefs.