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its fkilful artists and manufacturers, for its lawyers, phyficians, divines, and even for its generals and statesmen.

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And this leads to confider, in the fifth place, the influence that great and small eftates have on manners. Gentlemen of a 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 fmall on each other. The great have favours to beftow the finall have many more, by their privilege of electing parliament-men; which obliges men of high rank to affect popularity, however little feeling they may have for the good of their fellow creatures. This connection produces good manners at leaft, between different ranks, and perhaps fome degree of cordiality. Accumulation of land into great eftates, produces opposite manners: when all the land in Scotland is fwallow'd up by a number of grandees, and few gentlemen of the middle

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

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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 scarce procure bread; and ftill lefs, if poffible, by the infolent landlord, who is too felf-fufficient for instruction. 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 fciences being thus banished, Scotland will be deferted by every man of fpirit who can find bread elsewhere.

VOL. IV.

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In the feventh place, Such overgrown eftates will produce an irregular and dangerous influence with respect 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 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 prefent is the miferable condition of Poland: and fuch will be the miferable condition of Scotland, if the legiflature do not ftretch out a faving hand.

If the public interest only were to be regarded, entails ought to be deftroy'd root and branch. But a numberlefs body of substitutes are interested, many of whom would be difinherited, if the tenants in tail had power. To reconcile as

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much as poffible thefe oppofite interefts, it is propofed, 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 fuch fubftitutes 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 eftate upon what heirs he thinks proper, and to bar these heirs from altering the order of fucceffion; thefe powers being inhe rent 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 Enga land. And therefore, in order to re-establish the law of nature with respect to land-property, a limitation of truft-deeds is neceffary. My propofal is, That no trust-deed, directing or limiting the fucceffion of heirs to a land-eftate, fhall be effectual beyond the life of the heirs in existence at the time.

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SKETCH II.

Government of Royal Boroughs in Scotland.

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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 dcontrol. 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

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