Chamberlain's precept for holding the ayr, or circuit, is directed to the provost and bailies, enjoining them, “ to call all "those who have received any of the "town's revenues, or used any office "within the burgh, fince the last cham"berlain-ayr, to answer 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 from the time of the laft ayr. ar Jer

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 qualified to be provoft, bailie, or alderman,

but

σε

but an indwelling burgefs. 2dly, That

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no inhabitant purchase lordship out of burgh, to the terror of his comburgess

es. And, 3dly, That all provofts, bai"lies, and aldermen of boroughs, bring "yearly to the chequer at a day certain, "the compt-books of their commongood, to be feen and confidered by the "Lords Auditors, giff the fame be spend"ed for the common well of the burgh,

66

or not, under the penalty of losing their "freedom. And that the faids provosts, "bailies, and aldermen, warn yearly, "fifteen days before their coming to the

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chequer, all thofe who are willing to come for examining the faid accounts, "that they may impugn the fame, in or"der that all murmur may ceafe in that

behalf." And to enforce these regulations, a brieve was iffued from the chancery, commanding the magistrates to prefent their accounts to the exchequer, and fummoning the burgeffes to appear and object to the fame.

A defect in this ftatute made it lefs effectual than it was intended to be. Magiftrates, to avoid the penalty, brought the count-books of their common good

to

1693, containing "That the royal

to the exchequer; but they brought no rental of the common good to found a charge against them. This defect was remedied by act 28. parl. the following preamble. "boroughs, by the maleadministration of their magiftrates, have fallen under great debts and burdens, to the dimu"nition of their dignity, and the dif

abling of them to ferve the crown and government as they ought; and that "the care, overfight, and control of the common good of boroughs, belong to "their Majefties by virtue of their prero

gative-royal; therefore, for preventing "the like abufes and mifapplications in "all time thereafter, their Majesties fta

tute and ordain, That every burgh-royal "shall, betwixt and the first of November

next, bring to the Lords of Treasury "and Exchequer, an exact account of

charge and discharge, subscribed by "the magiftrates and town-clerk, of their "whole public-good and revenues, and "of the whole debts and incumbrances "that affect the fame." This completed the remedy, by putting means into the hands of the Barons of Exchequer, to

control

control the accounts enjoined by the former statute to be yearly given in.

The foregoing regulations are kept in obfervance. Every year a precept iffues from the exchequer, figned by one of the Barons, addreffed to the director of the chancery, requiring him to make out a brieve for every royal borough. The brieve is accordingly made out, returned to the exchequer, and fent to the feveral fheriffs, to be ferved in all the royal boroughs within their bounds, as directed by the ftatute. These brieves are accordingly fo ferved by the fheriffs; and particularly it is a constant form in most of the royal boroughs, to iffue a proclamation, fifteen days before the day named for appearance in exchequer, warning the inhabitants to repair there, in order to object to the public accounts of the town: and further, in order to give them opportunity to frame objections, the book and counts are laid open for these fifteen days, to be inspected by all the inhabi

tants.

We learn from the records of exchequer, that from the year 1660 to the year 1683, accounts were regularly given in

to exchequer, in obedience to the ftatute. The town of Edinburgh only having failed for fome fhort time, Captain Thomas Hamilton merchant there, by an action in exchequer, compelled the magiftrates to produce upon oath their treasurer's accounts, which were accordingly audited. And we alfo learn, that from the Reftoration down to the Union, a clerk to the borough-roll was appointed by the crown, whofe proper bufinefs it was to examine and audite the accounts of the boroughs,

Notwithstanding the foregoing falutary regulations, and the form constantly practifed to make them effectual, the boroughs of late years have forborn to prefent their accounts in exchequer; hoping that they would be overlooked by the English court of exchequer, established in Scotland af ter the Union; which accordingly happened. This neglect in the court of exchequer is greatly to be regretted, becaufe it reduces the royal boroughs, by the maleadministration of their magiftrates, to the fame miferable condition that is fo loudly complained of in the ftatutes above mentioned. It is undoubtedly in the power of the Barons to reflore good VOL. IV. 3 M

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