ty, with the additiou of the eight extraordinary deacons who vote upon this occasion, forming a total of thirtyeight persons. This business finished, the three old Merchant and two old Trades' Councillors retire; when, if the whole seven Magistrates chosen were new persons, their predecessors in office would of course take their seats, as Old Provost, Old Bailies, Old Dean of Guild, and Old Treasurer, and thus make the ordinary Council of twenty-five complete ; but as the Lord Provost, Dean of Guild, and Treasurer, generally remain two years in office; and as it frequently happens, that the persons elected as Lord Provost, &c. have been Bailies the immediately preceding year, it naturally follows, that on such occasions vacancies must occur, as Old Provost, Old Bailies, Old Dean of Guild, and Old Treasurer, as the case may be, which are filled up

a The election being considered as finished on the day on which the Magistrates are chosen, that business is succeeded by a splendid entertainment, to which all illustrious strangers are usually invited, the expense of which is defrayed from the City funds.

Another annual entertainment was formerly given in honour of his Majesty's birth-day, on which occasion the City Guard, being drawn out, fired a feu de joye, but was discontinued in consequence of the indisposition of his late Majesty, and has never since been revived.

The Town Guard was first established as a permanent watch in 1648, but shortly thereafter discontinued, when the duty, which again devolved on the citizens, was so indifferently performed, that in 1679, upon a remonstrance from the Privy Council, the Guard was restored; but James, Duke of York, after wards King James VII. to suit his own views, then procuring its officers to be at the nomination, and the corps at the immediate service of the Crown; which not being the intention of the citizens, they, in 1689, petitioned the convention of estates, and procured a warrant for its dissolution; but in the following year, applied for liberty to restore it, under the immediate controul of the Lord Provost, which being granted, they then raised a company of one hundred and twenty-six men, including officers, which continued (its numbers, however, being occasionally varied) until it was abolished in consequence of the Police Act 1812.

the day following by the defective Council; and thus the ordinary Council of twenty-five, and extraordinary Council of thirty-three persons, become entire, seventeen of which, viz. thirteen ordinary and four extraordinary, form a quorum at their weekly meetings.

b On the day the Council is filled up, the Admiral of Leith, and Baron Bailies of the Calton and Canongate, and Easter and Wester Portsburgh, are appointed. These officers are generally chosen from among the four old Bailies. Shortly after which are appointed the resident Bailies of these burghs of barony, who are chosen from among the most respectable inhabitants. On the same day is also appointed the Captain of the Orange Colours; the first Merchant Councillor being generally complimented with that title, which derives its origin from his being the custodier of the insignia of the Trained Bands, and other reliques of that ancient military body, which are committed to his charge. This town militia was first instituted in 1580. In 1627, it appears to have been re-organised, when the whole youths of Edinburgh were formed into two companies, the merchants to march in the van, and the crafts in the rear. In 1645, it was again re-organised, when it was divided into sixteen com. panies, commanded by ten merchant and six trades' captains, each merchant captain having one tradesman as his lieutenant, and the ensigns and sergeants being equally merchants and tradesmen. In 1690, their duty of watching and warding finally merged in the Town Guard; but the staff was continued, under the denomination of the Society of Captains, Lieutenants, and Ensigns, until 1798, when this company was suspended during the pleasure of the Council, and their military duties devolved upon the Royal Edinburgh Volunteers, so long as that corps was continued.

Formerly the extraordinary Deacons were only summoned when requisite; but now matters requiring their assistance being of every day occurrence, they attend all meetings, and are only disqualified from voting in the few cases specified in the Set; consequently, with the exception of election meetings, an Ordi nary Council, in its strict sense, is almost unknown.

THE SET OF

THE CITY OF

EDINBURGH;

CONSISTING OF

THE DECREETS ARBITRAL

OF KING JAMES VI. AND LORD ILAY.

A

T Edinburgh, the nineteenth day of June, the year of God, One thousand five hundred fourscore three years, in presence of the Lords of Council, compeered personally Mr John Sharp, John Prestoun, Thomas Craig, and John Skeene, procuratours specially constitute for the Provest, Baillies, Deacones, Counsel, and Community of the Burgh of Edinburgh, be the Act of Counsel underwritten, made in presence of the Provest, Baillies, Deacones, Counsel, and Com

B