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 land-eftate, fhall be effectual beyond the life of the heirs in exiftence at the time.

BY

SKETCH II.

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

66

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 "those who have received any of the town's reve

nues,

"nues, or ufed any office within the burgh, fince "the last 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 accused from 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. 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 an indwelling burgefs. 2dly, "That no inhabitant purchafe lordship out "of burgh, to the terror of his comburgeffes. "And, 3dly, That all provofts, bailies, and al"dermen of boroughs, bring yearly to the chequer at a day certain, the compt-books of their

common-good, to be feen and confidered by the "Lords Auditors, giff the fame be spended for "the common well of the burgh, or not, under "the penalty of lofing their freedom. And that the "faid provofts, bailies, and aldermen, warn year"ly, fifteen days before their coming to the chequer, all thofe who are willing to come for examining the faid accounts, that they may impugn the fame, in order that all murmur may "ceafe, in that behalf." And to enforce these regulations, a brieve was iffued from the chancery, commanding the magiftrates to prefent their accounts to the exchequer, and fummoning the burgeffes to appear and object to the fame.

A de

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 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. 1693, containing the, following preamble. "That the royal boroughs, by the male"administration of their magiftrates, have fallen "under great burdens, to the diminution of their

dignity, and the difabling 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 prerogative-royal; therefore, for "preventing the like abufes and mifapplications "in all time thereafter, their Majefties ftatute and ordain, That every burgh-royal fhall, betwixt and the firft of November next, bring to the "Lords of Treasury and Exchequer, an exact

66

account of charge and difcharge, fubfcribed 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 the accounts enjoined by the former ftatute 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 fheri s, to be ferved in all the royal boroughs within their bounds, as directed by the ftatute. Thefe brieves are accordingly fo ferved by the fheriffs; and particular,

ly

ly it is a conftant 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 infpected by all the inhabitants.

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 time, Captain Tho mas 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 also learn, that from the Restoration down to the Union, a clerk to the borough-roll was appointed by the crown, whofe proper business it was to examine and audite the accounts of the boroughs.

Notwithstanding the foregoing falutary regulations, and the form conftantly 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 after the Union; which accordingly happened. This neglect in the court of exchequer is greatly to be regretted, because it reduces the royal boroughs, by the mal-administration 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 reftore good government to the boroughs, by compelling the magiftrates to account yearly in the court of exchequer, according to the foregoing regulations:

1

regulations no more is neceffary, but to fignify publicly that they are refolved to put these regulations in execution.

How beneficial that ftep would be to this country in general, and to the royal boroughs in particular, will appear from confidering, firft, the unhappy confequences that refult from fuffering magiftrates to difpofe of the town's revenues, without any check or control; and next, the good effects that muft refult from a regular and careful management, under infpection of the King's judges.

The unhappy confequences of leaving magiftrates without any check or control, are too vifible to be disguised. The revenues of a royal borough are feldom laid out for the good of the town, but in making friends to the party who are in poffeffion of the magistracy; and in rioting and drunkenness, for which every pretext is laid hold of, particularly that of hofpitality to ftrangers. Such mifmanagement tends to idlenefs and corruption of manners; which accordingly are remarkable in most royal boroughs. Nor is the contagion confined within the town: it commonly fpreads all around.

Another confequence no lefs fatal of leaving magiftrates to act without control, is a strong defire in every licentious burgefs, of stepping into the magiftracy, for his own fake, and for that of his friends. Hence the factions and animofities that prevail in almoft all the royal boroughs; which are violently and indecently purfued, without the leaft regard to the good of the community.

The greatest evil of all, respects the choice of their representatives in parliament. A habit of riot and intemperance, makes them fit fubjects to be corrupted by every adventurer who is willing to lay out money for purchafing a feat in parliament. Hence the infamous practice of bribery at elections, which tends not only to corrupt the whole mafs of the people, but which is ftill more dread