when our land is withdrawn from commerce by entails, every profperous trader will defert a country where he can find no land to purchase; for to raise a family by acquiring an estate in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 land-proprietors. A very small portion of land, managed with skill and industry, 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 establishing them in business. A numerous iffue, at the fame time, is commonly the lot of the temperate and frugal; because they are strangers 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 distant provinces; and it will be found to hold univerfally, that children abound much more among the industrious poor, than among the luxurious rich. But if divifion of land into small properties, tend to population; depopulation must be the neceffary confequence of an entail, the avowed intent of which is to unite many fmall 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 landholders with refpect to education and induftry; for unless men be ufefully employ'd, population is of no real advantage to a state. In that refpect, great and finall eftates admit no comparifon. 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,

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 pleasing scene will have any effect upon them. Children of small landholders, are from infancy educated in a frugal manner; and they must be industrious, as they depend on industry for bread. Among that clafs of men, education has its most powerful influence; and upon that class a nation chiefly relies, for its skilful artists and manufacturers, for its lawyers, physicians, 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 ftate. In fuch only refides the genuine fpirit of liberty, abhorrent equally of fervility to fuperiors and of tyranny' to inferiors. The nature of the British government, creates a mutual dependence of the great and finall on each other. The great have favours to bestow: the fmall 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 least 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 fwallow'd up by a number of grandees, and few gentlemen of the middle rank are left; even the appearance of popularity will vanifh, 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 conflitution; but nothing is more repugnant to that spirit, than overgrown eftates 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

will never be cultivated by the difpirited tenant, who can fcarce procure bread; and still 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 sciences being thus banished, Scotland will be deferted by every man of spirit who can find bread elfewhere.

In the feventh place, Such overgrown eftates will produce an irregular and dangerous influence with refpect to the Houfe of Com

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 landholders 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 ambitious views of men elevated above others by their vaft poffeffions? Is it unlikely, that such 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 present is the miferable condition of Poland: and fuch will be the miferable condition of Scotland, if the legislature 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 numberlefs body of fubftitutes are interested, many of whom would be difinherited, if the tenants in tail had power. To reconcile much as poffible thefe oppofite interefts, it is propofed, that the following articles be authorised by a ftatute. Firft, That the art of parliament 1685 be repealed with refpect to all future operaVOL. II. 3&

tions.

tions. Second, That entails already made and completed, fhall continue effectual to fuch fubftitutes as exift at the date of the act propofed; but fhall not benefit any substitute 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 these heirs from altering the order of fucceffion; these 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 respect to land-property, a limitation of trust-deeds is necessary. My proposal is, That no truft-deed, directing or limiting the fucceffion of heirs to a land-estate, shall be effectual beyond the life of the heirs in existence at the time.

SKETCH

491

SKETCH II.

Government of ROYAL BOROUGHS in Scotland.

BY

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 administration 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 these instructions, the Chamberlain's precept 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 revenues, or ufed any of"fice within the burgh, fince the laft chamberlain-ayr, to an"fwer 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 last ayr.