Mr. Erfkine on the 
narch, and had no power to carry this 
law of Edward’s into execution; tor the 
Scotch barons, although they would not 
allow their vaffals to fubinfeud, yet when 
they fold their own lands, they would not 
fuffer the crown to appropriate the tenure, 
but obliged the purchaters to hold as vaf- 
fals to themfelves: by this weaknefs of 
the Scotch crown and power of the nobles, 
the tenancies ix capite were not multiplied 
as in England; the right to fit in parlia- 
ment was confequently not much extended 
beyond the original numbers ; and Scot- 
Jand never faw an Houfe of Commons *, 
nor ever tafted the bleffings of equal go- 
vernment. When the boroughs, indeed, 
in latter days, were enfranchifed, they 
fent their reprefentatives ; but their num- 
bers being inconfiderable, they affembled 
in the fame houfe with the king and the 
peers, were awed by the pride of the lords, 
and dazzled by the iplendour of the 

—_—— 
* The reprefentative barons and burgefies 
‘ever formed, inScotland, a third eftate (as 
has been obferved in the laft note), they were 
confidered as the reprefentatives of royal 
tenants, and not of the people at large; and, 
therefore, naturally affembled with the peers, 
-who fat by honorary creation: for tenures 
in chief being confined to a very fmall num- 
ber, when compayed with other tenures, {till 
continued to be the criterion of legiflation; 
and, though extended beyond the pra¢tica- 
bility of perfonal exercife, was highly feodal, 
even whem expanded to a ftate of reprefenta- 
tion. Whereas, in England, the ftatute of 
guia emptores made tenure in capite almoft uni- 
verfal, or-in other words, gave legiflative 
privileges to the multitude, upon feodal prin- 
ciples ;, which confequently produced a repre- 
fentation, not of royal tenants, according to 
the principles of the feodal fyftem, but of the 
people, according to the natural principles of 
liuman fociety. Itis probably from this dift 
ference between thefe principles of legiflation, 
that the right of voting is fo different in the 
two countries: in, Scotland, the common 
council, and not the body of the burgeffes, 
are the electors; becaufe the corporation, as 
the tenant in cazite, is reprefented, and not 
the individuals compofing it: and no forty 
fhilling freeholder can vote for a knight of the 
thire, unlefs he holds immediately of the 
king ; for if his tenure be not royal, he 
muft have four hundred pounds, Whereas, 
in England, the right of ele€tion (unlefs it 
has been otherwife fixed by prefcription) is in 
the whole body of the burgefles; and all 
forty fhilling freeholders vote for the knights 
df the fhire, whether the tenure be of the 
king or a fubjea, ' 
Houfe of Commons. 25% 
crown, they fat filent in parliament, re. 
prefenting the flavery and not the freedom 
of the people. 
But this diffemination * of property, 
which in. every country on earth is fooner 
or later creative of freedom, met with a 
fevere check in its early infancy from the 
ftatute of entails; in this inftance even 
the crown of England had not fufficient 
ftrength to ripen that liberty which had 
{prung up from the force of its rays; for 
if Edward [. could have refified this law, 
wrefted from him by his barons to perpe- 
tuate their eftates in their families, the 
Enelith conftitution, from an earlier equi- 
librium of property, had: fuddenly arifen 
to perfection, and the revolution in the 
reign of Charles I. had probably hap- 
pened two centuries higher in our hiltory, 
or, perhaps, from the gradual circulation 
of that power which broke in-at laf with 
afudden and projeétile force, had never 
happened at all; but the fame effets had 
been, produced without the effufion of' 
civil blood: for, no fooner was the ftatute 
of entails fhaken in the reignof + He 
VII. and finally dettroyed by his fucceffor, 
than we fee the popular tide which had 
ebbed fo long, begin to lift up its waves, 
till the mighty fabrics of prerogative and 
ariftocracy pafled away in one ruin toge- 
ther. ‘This crifis, which fhailow ie 
then miftook, and ftill miftake for anar.. 
chy, was but the fermentation of the un- 
conquerable {pirit of liberty, infufed as 
early as Magna 'Charta, which in work- 
ing itfelf free from the impurities that 
oppreffed it, was convulfing every thing 
around: when the fermentation ceafed, 
the ftream ran purer than before, -after 
having, in the tumult, beat down every 
ee See ee 
' * By the diffemination of property, in this 
place, is not meant, that which gave tke 
right of legiflation to the people on feodal 
principles, but that which is neceffary to give 
weight and confequence toa third eftate fo 
arifen. EL. 
+ The ftatute of fines, paffed in the fourth 
year of Henry VII. was purpofely wrapped 
up in obfcure and covert expreffions, ‘in order 
a 
to induce the nobility to confent to it, who. 
would otherwife have flung it out if they had 
thought it would have barred entails: but in 
the thirty-fecond year of Henry VIII. when 
the will of the prince was better obeyed, its 
real purpofe was avowed, and the ftatute 
then made had a retrofpedtive operation given 
to it, fo as to include all entails barred 
by fines fince the fourth year of the former 
reign. 
bank 

