burgefs. 2dly," That no inhabitant purchase lord

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fhip out of burgh, to the terror of his comburgeffes. "And, 3dly, That all provofts, bailies, and aldermen "of boroughs, bring yearly to the chequer at a day "certain, the compt-books of their common good, to "be seen and confidered by the Lords Auditors, giff "the fame be fpended for the common well of the burgh, or not, under the penalty of lofing their free"dom. And that the faid provofts, bailies, and alder"men, warn yearly, fifteen days before their coming to the chequer, all thofe who are willing to come for "examining the 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.

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A defect in this ftatute made it less 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 debts and burdens, to the diminution of "their dignity, and the disabling 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 there"after, their Majefties ftatute and ordain, That every "burgh-royal, fhall, between this and the firft of "November next, bring to the Lords of Treasury and

Exchequer, an exact account of charge and discharge, "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

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 fheriffs, to be ferved in all the royal boroughs within their bounds, as directed by the ftature. Thefe brieves are accordingly fa ferved by the theriffs; and particularly it is, a conftant form in moft 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 opportu-" nity to frame objections, the book and accounts 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 regular. ly given in to the 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 magistrates 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, eftablished 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 male-adminiftration of their magiftrates, to the fame miferable condition that is fo loudly. complained

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complained of in the ftatutes above mentioned. It is undoubtedly in the power of the Barons to restore good government to the boroughs, by compelling the magiftrates to account yearly in the court of exchequer, according to the foregoing regulations. And to that end no more is neceffary, but to fignify publicly that they are refolved hereafter to put thefe 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 must refult from a regular and careful management, under the infpection of the King's judges.

The unhappy confequences of leaving magiftrates without any check or control, are too vifible to be difguifed. The revenues of a royal borough are feldom laid out for the good of the town, but in making friends to the knot who are in poffeffion of the magiftracy; and in roting and drunkennefs, for which every pretext is laid hold of, particularly that of hofpitality to ftrangers. Such mismanagement tends to idleness, 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 ftrong defire in every licentious burgefs, of ftepping 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 greateft evil of all, refpects the choice of their reprefentatives in parliament. A habit of riot and intemperance, makes them fit fubjects to be corrupted, by every adventurer who is willing g to lay out money for purchasing a feat in parliament. Hence the infamous practice of bribery at elections, which tends not only

to

to corrupt the whole mafs of the people, but, which is Iftill more dreedful, tends to fill the Houfe of Commons with men of diffolute manners, void of probity and honour.

But turning from fcenes fo difmal, let us view the' beautiful effects that refult from an administration regularly carried on, as directed by the ftatutes above mentioned. The revenues of the royal boroughs are fuppofed to be above L. 40 000 yearly. And were this fum, or the half of it, prudently expended, for promoting arts and industry among the numerous inhabitants of royal boroughs, the benefit, in a country fo narrow and poor as Scotland, would be immenfe would tend to population, it would greatly increafe induftry, manufactures, and commerce, befide augmenting the public revenue. In the next place, as there would be no temptation for defigning men to convert the burden of magiftracy into a benefit, faction and difcord would vanifh; and there would be no lefs folicitude to fhun the burden, than at prefent is feen to obtain it. None would fubmit to the burden but the truly patriotic, men who would chearfully bestow their time, and perhaps their money, upon the public; and whofe ambition it would be to acquire a character, by promoting industry, temperance, and honefty, among their fellowcitizens.

And when the government of the royal boroughs comes to be in fo good hands, bribery, which corrupts the very vitals of our conftitution, will be banished of courfe. And confidering the proper and conftitutional dependence of the royal boroughs upon the king's judges, we may have reasonable affurance, that few reprefentatives will be chofen, but who are friends to their country and to their fovereign.

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SKETCH

...

Flan for improving and preferving in order the HIGHWAYS in Scotland.

PREFACE.

Higbavays have in Scotland become a capital object of

police, by the increase of inland commerce, upon which bad roads are a heavy tax. Happily for our country, no perfon is ignorant of this truth; and we fee with pleasure the fruits of their conviction in various attempts, publick and private, to establish this valuable branch of police upon the beft footing. As this will be found no eafy tafk, it may reasonably be hoped, that men of genius will Seriously apply themselves to it, and in general that every perfon will freely produce fuch hints as occur to them. In the latter view the following plan is offered to the public: and if, from the various propofals that have been or shall be published, an effective plan can be framed, fuch as completely to answer its purpose, it may fafely be pronounced, that it will produce more benefit to this country, than has been produced by any other fingle improvement fince the union of the two kingdoms.

1.

Tply, the fieriff or ftewart depute, and the first magiftate of royal boroughs, fhall be commiffioners for making and repairing highways, bridges, and ferries, in the feveral fires and ftewartries All the powers given by law to the juftices of peace, and commiffioners of fupply, with refpect to highways, bridges, and ferries, fhall be transfered to them; and any two fhall be a quorum, except where a greater number is required by this act.

HE juftices of peace, commiffioners of fup

2. The fheriff or ftewart depute fhall appoint the first day of meeting of the faid commiffioners, as foon as may conveniently be after the date of the act, by an intimation at each parish church upon a Sunday at the clofe of the fore-noon-service. And the laft Tuesday of March shall yearly thereafter be a day of meeting at

the