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the lot of the temperate and frugal; because luxury and voluptuoufnefs enervate the body, and dry up the fources of proereation. This is no chior fond imagination: traverse 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 neceffary consequence 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 small number.

Let us, in the fourth place, take under confideration the children of landholders with refpect to education and induftry; 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, the father's hands being tied up by his entail from affording them fuitable provifions, they become a burden on the family, and on the state, 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 scene will

have any effect upon them. Children of small landholders are from infancy educated in a frugal manner; and they must be induftrious, as they depend on induftry for bread. Among that class of men, education has its moft powerful influence: and upon that clafs a nation chiefly relies, for its skilful artists and manufacturers, for its lawyers, phyficians, divines, and even for its generals and ftatesmen.

And this leads to confider, in the fifth place, the influence that great and fmall 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 spirit of liberty, abhorrent equally of fervility to fuperiors, and of tyranny to inferiors. The nature of the British government creates a mutual dependance of the great and fmall 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, however little feeling they may have for the good of their fellow-creatures. 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 fwallowed up by a number of grandees, and a 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 servility on the other. In a word, the diftribution of land into many fhares, accords charmingly with the free spirit of the British constitution; 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. Science will never be cultivated by the difpirited tenant, who can scarce procure bread; and still less, if poffible, by the infolent landlord, who is too felf-fufficient for inftruction. There will be no encouragement for arts: great and opulent proprietors, foftering 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 elsewhere.

In the seventh 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

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 Sovereign 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 Legislature do not stretch out a faving hand.

If the public intereft only were to be regarded, entails ought to be deftroyed root and branch. But a numberlefs body of fubftitutes are interefted, many of whom would be difinherited, if the tenants in tail had power. To reconcile as much as poffible these oppofite interests, it is proposed 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 proposed; 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 whạt heirs he thinks proper, and to bar thefe heirs from altering

altering the order of fucceffion; thefe powers being inherent in property at common law.

And therefore, in

At the fame time, the prohibiting entails will avail little, if truft-deeds be permitted in their utmost extent, as in England. 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 truft-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.

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 controul. It was originally fubjected to the review of the Great Chamberlain; and accordingly the chap. 39. § 45. of the Iter Camerarii,

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