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<HEAD>Decreet of Separation, The <HI>Apothecaries</HI> of <HI>Edinburgh,</HI> Again&s;t The <HI>Chyrurgeons</HI> there.</HEAD>
<P>AT <HI>Edinburgh,</HI> the 24th day of <HI>March</HI> 1682 years. Anent the Libel fir&s;t intented and pur&s;ued before the Provo&s;t and Baillies of <HI>Edinburgh,</HI> and thereafter Advocat of con&s;ent of both Parties Procurators after-named, to the Lords of Council and Se&s;&s;ion, and which Summonds is rai&s;ed at the in&s;tance of Mr. <HI>James Nisbet</HI> then Deacon of Chyrurgeons of <HI>Edinburgh,</HI> and in name and behalf of the remanent Brethren and Friends Chyrurgeons and Barbers of the &s;aid Burgh, again&s;t <HI>Patrick Cunninghame</HI> Apothecary in the &s;aid Burgh, Touching the &s;aid Defender his hearing and &s;eeing of him&s;elf Unlawed and Fined by De|creet of the &s;aids Baillies, for his alledged Operating in Chyrurgery, he not being a Free|man of that Trade and Calling, as in the &s;aid Libel, Summonds, or Precept rai&s;ed in the &s;aid Matter at more length is contained. As al&s;o, anent the two mutual Summonds and Actions of Declarator, rai&s;ed and pur&s;ued before the &s;aids Lords, the one thereof being als well an Action of Reduction as Declarator at the in&s;tance of the &s;aid <HI>Patrick Cunninghame</HI> and haill Freemen Apothecaries in the &s;aid Burgh, <HI>Viz. John Kennedy</HI> Vi&s;itor, <HI>James Foulis</HI> elder, <HI>Robert Campbell, Hugh Neil&s;on, Thomas Dalrymple, John Hepburn, James Aikenhead, John Foulis</HI> younger, Mr. <HI>Alexander Hay,</HI> Mr. <HI>James Macmath</HI> &amp; <HI>James Lothian,</HI> Freemen Apothecaries, Burge&s;&s;es &amp; Gild-brethren of the &s;aid Burgh of <HI>Edinburgh,</HI> lawfully entered, admitted &amp; received, to who&s;e great hurt and prejudice in the free Exerci&s;e of their Imployment as Apothecaries, the Acts, Ratifications, and other Writs after-mentioned, are alledged, purchas'd and pro|cured, at the lea&s;t are made u&s;e of by the &s;aids Chyrurgions, again&s;t the &s;aids Apothecaries, to the prejudice of the ju&s;t Priviledges of their Imployment as Apothecaries, and their a&s;&s;i|duous attendance upon the Kings Subjects their Patients in their &s;aids Imployments, as for the Health of his Maje&s;ties Subjects is requi&s;ite; and &s;wa having good and undoubted Right to Pur&s;ue the Action of Reduction and Declarttor underwritten, again&s;t the &s;aid Mr. <HI>James Nisbet</HI> pre&s;ent Deacon of the Chyrungeons, <HI>Alexander Pennicook, John Forrest, George Scot, James Hopki<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">k, William Semple, Robert Kennedy, Thomas Scot, James Cleiland, Thomas Edgar, John Carmichael,</HI> and <HI>Peter Norie</HI> &s;imple Chyrurgeons and Chyrurgeon Barbers in the &s;aid Burgh; And &s;icklike, <HI>Thomas Kincaid, William Borthwick, John Joi&s;&s;ie, Hugh Broun, George Stirling, David Pringle, James Ogilvie, Walter Turnbull,</HI> and <HI>James Crawfoord</HI> Apo|cary-Chyrurgeons in the &s;aid Burgh; and als again&s;t Sir <HI>Thomas Murray</HI> of <HI>Glendoick</HI> then Clerk Regi&s;ter, and Mr. <HI>Alexander Gib&s;on</HI> of <HI>Adi&s;toun</HI> his Deput, and the Provo&s;t, Baillies, and Town-Council of the &s;aid Burgh of <HI>Fainburgh,</HI> and Mr. <HI>James Rockheid</HI> of <HI>Innerleith</HI> their Town Clerk for their Intere&s;ts, and all others having or pretending to have Intere&s;t in the &s;aid matter under-written, Toutching the &s;aid Chyrurgeons and others Defenders in the fore&s;aid Action, their bringing with them, exhibiting and producing before the &s;aids Lords of Council and Se&s;&s;ion. <HI>Imprimis,</HI> An Ratification alledged pa&s;t by the pretended Parlia|ment 1641 years, whereby certain Priviledges, Writs and Rights, are alledged ratified to and in favours of the Chyrurgeons of <HI>Edinburgh,</HI> &amp; particularly giving them Power to take, apprehend, and impri&s;on unfreemen Contraveeners of their Priviledges, ay and while they enact them&s;elves under the pain 20 pounds <HI>Scots toties quoties,</HI> which Ratification is dated the <GAP DESC="blank"> day of <GAP DESC="blank"> one thou&s;and &s;ix hundred and fourty one years fore|&s;aid. <HI>Item,</HI> An Act of the Town-Council of <HI>Edinburgh,</HI> of the date the <GAP DESC="blank"> day of <GAP DESC="blank"> one thou&s;and &s;ix hundred and fourty three years, Wherein the applying of Cere-Cloaths are decerned properly to belong to the Chyrurgeons. <HI>Item,</HI> Another Act of Town-Council of <HI>Edinburgh,</HI> dated the <GAP DESC="blank"> day of <GAP DESC="blank"> 1655. Whereby the &s;everal Di&s;tempers therein enumerat in the whole Cure, and Accidents of the &s;amine, are allowed to Chyrurgeons allenarly. <HI>Item,</HI> An Act and Ratification pa&s;t in favours of the Chyrurgeons in his Maje&s;ties late Parliament 1670 years, or of what&s;oever dates, tenor, or
<PB N="2" REF="2"> contents the &s;amine are of, to be &s;een and con&s;idered by the &s;aids Lords, and to have heard and &s;een the &s;amine reduced, retreated, re&s;cinded, ca&s;&s;ed, annulled and decerned and decla|red, to have been from the beginning, to be now and in all time-coming null, and of none avail, force, &s;trength, nor effect, with all that has followed, or may follow thereupon, and the &s;aids Pur&s;uers reponed and re&s;tored <HI>in integrum</HI> there-again&s;t <HI>cum omni cau&s;a,</HI> &s;icklike as if the &s;amine had never been made given nor granted in <HI>return natura.</HI> And whilks Acts, Ratifications and others above-written, being &s;wa reduced, the &s;aid Defenders to hear and &s;ee it by Decreet of the &s;aids Lords found and declared, that it &s;hall be no ways lawful for them to mole&s;t and trouble the Pur&s;uers, or their Succe&s;&s;ors, in the free exerci&s;e of their Cal|ling and Imployments as Apothecaries, as they que&s;tionably are, and formerly have been in u&s;e of exerci&s;ing the &s;amine, until the &s;aids Lords &s;hall by the advice and council of di&s;|intere&s;ted, learned and capable Phy&s;icians, and with a due regard to the Intere&s;t of his Maje|&s;ties Subjects, &s;hall in their Decreet to follow thereupon, pre&s;crive &s;uch Rules and Orders for the regulation and di&s;tingui&s;hing of the &s;aid two Callings of Apothecaries and Chyrur|geons, as the &s;aids Lords &s;hall in Ju&s;tice, and by Advice fore&s;aid, think mo&s;t fit and proper for the health, ea&s;e and conveniency of his Maje&s;ties Subjects, and due incouragement, pre|&s;ervation and improvement of that &s;o noble and nece&s;&s;ary Faculty of Medicine, in all the parts and branches thereof, in due and be&s;eeming order within this ancient Kingdom. And which two Callings of Apothecary and Chyrurgery being &s;ua di&s;tingui&s;hed by the &s;aids Lords as &s;aid is, all &s;uch Apothecaries and Chyrurgeons who take upon them to u&s;e and confound both Callings, while as yet undi&s;tingui&s;hed, to hear and &s;ee them&s;elves decerned and re&s;trict|ed to make their choice and election, which of the &s;aids two Callings they will exerci&s;e and practi&s;e in time-coming; And to hear and &s;ee them&s;elves decerned lyable to ob&s;erve the Rules and Orders &s;ua to be pre&s;crived, either as &s;imple Chyrurgeons, or &s;imple Appothecaries without confu&s;ion of the two Callings in one, as &s;hould be deter|mined by the &s;aids Lords thereintill, as al&s;o to hear and &s;ee it found and declared, that the making and applying of Cerecloaths doth only belong unto the Apothecaries, and that the Chyrurgeons ought neither to make or apply the &s;ame, and als that it's lawful and lei&s;um to the Apothecaries to u&s;e Phlebotomie when the &s;amen is asked upon occa&s;ion of inward di&s;tempers, and to give Dyetts and Medicaments at all occa&s;ions; As al&s;o to hear and &s;ee it found and declared, that it &s;hal not be lawfull or competent upon any pretended contra|ventions of the &s;aids Rules, to trouble or mole&s;t the members of either calling, except they be taken in the Act of contravention <HI>per manus injectionen in crimine flagranti</HI> as is allowed to and practi&s;ed by other Trades and Incorporations allenerly; And that it it &s;hal not be lawful to parties to give their Oaths for any &s;uch alledged contraventions, and to hear and &s;ee it found and declared that the Defenders have done wrong to mole&s;t and trouble <HI>Patrick Cunningham&eacute;</HI> and of the parties above-named, in withdrawing him from the nece&s;|&s;ar atendance upon Patients, His Maje&s;ties Subjects, by acquiring him to atend a Law &s;uit for giving his Oath, upon pretence of his contraveening of the alledged priviledges of the Chyrurgeons, not as yet by His Maje&s;ty, or the &s;aids Lords upon a full hearing of all par|ties concerned, Cleared, Setled, or Determined, and to hear and &s;ee them&s;elves decerned to de&s;i&s;t and cea&s;e from all furder troubling of the &s;aid <HI>Patrick,</HI> or any other Freeman A|pothecary within the &s;aid Burgh of <HI>Edinburgh,</HI> for giving of their Oaths upon any &s;uch like account, in all time coming, and that for the Rea&s;ons and Cau&s;es following in the fir&s;t, be|cau&s;e the Noble and Supream Faculty of Medicine is in it &s;elf, a free and liberal &s;cience, and ought in all the Branches thereof, be keept and u&s;ed als freely as any other liberal Science, with a ju&s;t Re&s;pect to good ordour, and the decent con&s;titution of the Kingdom, &s;eing the Admi&s;trators thereof have nixt under GOD and great care of the Health and Lives of the Subjects, under Di&s;ea&s;es and Di&s;tempers; and therefore ought not upon any needle&s;s or freevelous pretences. be by unnece&s;&s;ary legal Pur&s;uits withdrawn from the a&s;&s;iduus atten|dance upon their Patients, for gratefying the humor or intere&s;t of a few for their own Inte|re&s;t and ends concerned; And therefore all Limitations or Re&s;trictions upon the Phi&s;ician Apothecary, or Chyrurgon, either in their common or proper Imployments as contrair di&s;tingui&s;hed one from an other does belong and ought only to be given by His Maje&s;ty and his Supream Judicatories as the King, and they with the advice of able, learned, skil|ful and di&s;intere&s;&s;ed Phy&s;icians, &s;hal find mo&s;t con&s;i&s;tant with His Maje&s;ties honour, the Laws of the Kingdom, and mo&s;t convenient for the ea&s;e, health and conveniency of His Maje&s;ties good Subjects, and &s;o ought not to be pre&s;umed upon, to be determined and di|&s;crived by Acts of Particular Burghs and their Councils, the Members whereof are many times Per&s;ons altogether ignorant of the very names and terms of Art u&s;ed in Phy&s;ick
<PB N="3" REF="2"> Pharmacie or Chyrurgery, and &s;o very unfit and unqualified Judges, to &s;et Limits and Marches betwixt Pharmacie and Chyrurgie, or to pre&s;crive Rules to the Phy&s;icians Pharmacian and Chyrurgeon in their proper or di&s;tinct Imployments; and ther|fore that pretended ratification Abovewritten, pa&s;t in the pretended Parliament 1641. ough<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> to be re&s;cinded, becau&s;e it contains a Clau&s;e for apprehending incarcerating, enacting that &s;uch apprehendit &s;hould not u&s;e Chyrurgical operations, which upon many &s;upervenient exigencies, they may become oblidged to, e&s;pecially if they be Freemen Apothecaries of <HI>Edinburgh;</HI> And that the fore&s;aid ratification was but &s;ureptitiou&s;ly purcha&s;t by the Chy|rurgeans, from the &s;aid pretended Parliament without calling of the Phy&s;icians or Apothecaries thereto. And hearing them for their Intere&s;t there again&s;t at the lea&s;t, the &s;ame ought to be Re&s;tricted to unfree men, Jurney-men &amp; Apprentices, and that only when they are &s;ealed upon <HI>in crimine flagranti,</HI> and not to be extended to Skilful and Experienced Free-men A|pothecaries, als weel lawfully admitted Burges and Gild-Brethren of <HI>Edinburgh,</HI> as Ma&s;ters of Publick Appothecaries Shops there. <HI>Secundo,</HI> And for the Rea&s;ons fore&s;aid the Above-men|tioned Towns Act in <HI>anno</HI> 1643. ought to be reduced, becau&s;e it is given <HI>a non compe|tenti Judice</HI> as &s;aid is, and it's again&s;t common &s;ence and rea&s;on, to think that the Applica|tion of a Cere-cloath to a dead Body, whereupon there is no Anatomical de&s;&s;ection u&s;ed, can be a Chyrurgical operation, and &s;o ought never to have been decerned to belong pro|perly to the Chyrurgeons, <HI>exclu&s;ive</HI> of the Apothecaries; and &s;eing the Subject matter of Chyrurgery is to mend, recover and re&s;tore Luxations fractors and <HI>di&s;&s;olutionem continuii,</HI> it is rediculous to allow the Apothecarie the making of Cereclothes, and yet to deny him the Applacation thereof, to the &s;aid Body of his own Patient, when no antomical di&s;|&s;ection is u&s;ed, which tends to nothing but to extort and oppre&s;s the good Subjects, and to render the making of Cere-cloaths, in favours of the Apothecaries altogether elu&s;ory and ineffectuall, for &s;eing by a late Invention, &s;ome Apothecaries have crept in to be Chyrur|geons, &s;uch Chyrurgeons will never make u&s;e of Cere-cloaths made by &s;imple Apothecaries, but will force the Friends of the Defunct to make u&s;e of Cere-cloaths, to be made by them|&s;elves, as hath been &s;everal times of late experimented in &s;undry In&s;tances, to the great Ex|pen&s;es and Extortion of the Subjects, and to the detrement and di&s;couragement of the &s;im|ple Apothecary. <HI>Tertio,</HI> The Towns Act in <HI>anno</HI> 1655. Above-written ought to be <HI>fun|ditus</HI> reduced, not only becau&s;e it is an high incroatchment upon what properly belongs to His Maje&s;ty &amp; his Highne&s;&s;es <HI>&s;upream Judicatories</HI> as &s;aid is, for the Council of a Burgh to pre&s;ume to take upon them to find and declare what property belongs to Chyrurgie and <HI>Pharmacy</HI> as contrair di&s;tingui&s;hed from an nother, but that the &s;amen being pronounced in the time of U&s;urpation is in it &s;elf mo&s;t unju&s;t ab&s;urd and unwarrantable: As <HI>fir&s;t,</HI> In turning all the Di&s;tempers therein innumerated Statutory in Favours of the <HI>Chirurgeons</HI> al|lenarly, which is but meerly narratory in the <HI>Act</HI> 1643; and the&s;e contraverted as indif|ferently u&s;ed, als well by the <HI>Appothecaries</HI> as by the <HI>Chirurgeons</HI> of the Burgh, as in find|ing the Con&s;ent and Conce&s;&s;ions alledged for a few <HI>Appothecaries</HI> in <HI>anno</HI> 1643, Binding u|pon all Succeeding Appothercaries contrary to all Law and Ju&s;tice, and in deba&s;eing of the Honour of the Phy&s;ician in his <HI>directive faculty</HI> in pre&s;criving dyet and Medicament, and all other requi&s;ite for perfecting of the Cures of the Di&s;tempers therein-mentioned with their accidents, which near comprehends all Phy&s;ick to the Chirurgeons allenarlie, and to none others for which no &s;hadow of Rea&s;on can be given, except the unwarrantable Gra|tifieing of the Chirurgeons, for the countenancing and continuing of the Factions de&s;igns of the then Magi&s;trats, tho&s;e endeavouring what in them lay to E&s;tabli&s;h in the time of an U&s;urpation, a certain Mock Borrow Colledge of Phy&s;icians, by Inhancing all Phy&s;ick and Medicine, als well in the directing, compounding, and operating parts thereof, by this their <HI>Act</HI> 1655, procured before the Erecting of the Appothecaries, who was by the Towns grant being Erected, ought only to Enjoy the Priveledges by the acclaimed as pro|per, and only competent to their Art and Calling. And therefore, the &s;aids pretended <HI>Acts,</HI> Ratifications and others re&s;pective above-written, ought and &s;hould be Reduced, Retreated, Re&s;cinded, Ca&s;&s;ed, Annulled, Decerned, and Declaired to have been from the Beginning to be now, and in all time coming Null and of none avail, Force, Strength, nor Effect with all that has followed, or may follow thereupon: And the &s;aids Pur&s;uers Reponed and Re&s;tored <HI>in Integrum</HI> there again&s;t, <HI>cum omni cau&s;a;</HI> Sicklike, as if the &s;amen had never been Made, Given nor Granted <HI>in rerum natura;</HI> and whilk Acts, Rati|fications and others above-writen being &s;ua Reduced, the &s;aids Defenders to hear and &s;ee it by Decreet of the &s;aids Lords, found and declaired that it &s;hall be no ways lawful for them to mole&s;t and trouble the Pur&s;uers, or their Succe&s;&s;ors in the free exerci&s;ing of their Calling and Imployments as Appothecaries as they pre&s;ently are, and formerly have
<PB N="4" REF="3"> been in u&s;e of Exerci&s;ing of the &s;amen, until the &s;aids Lords &s;hall by the Advice and Coun&s;el of di&s;-intere&s;ted Learned and able Phy&s;icians, and with a due regard to the Inte|re&s;t of the Subjects in their Decree<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">o follow hereupon, pre&s;crive Rules and Orders for the Regulation and di&s;tingui&s;hing of the&s;e two Callings of Appothecaries and Chirurge|ons as the &s;aids Lords &s;hall in Ju&s;tice, and by Advice fore&s;aid think mo&s;t fit and proper for the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ealth, ea&s;e and conveniency of the Subjects, and due Incouragement, Pre&s;ervation and <GAP DESC="illegible" RESP="MURP" EXTENT="3 letters">roving of that &s;o Noble and nece&s;&s;ary Faculty of Medicine, in all the parts and Branches <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">theof, in due and be&s;eeming Order within this antient Kingdom; and which two Cal|lings of Appothecary and Chirurgery, being &s;ua di&s;tingui&s;hed by the &s;aids Lords as &s;aid is, all &s;uch Appothecaries and Chirurgeons, who take upon them to u&s;e and confound both Callings, whilk as yet undi&s;tingui&s;hbd, to hear and &s;ee them&s;elves Decerned, and Re&s;tricted to make their Choice and Election, which of the &s;aids two Callings they will practi&s;e and Exerci&s;e in time coming, and to hear and &s;ee them&s;elves Decerned lyable to ob&s;erve the Rules and Orders &s;ua to be pre&s;crived, either as &s;imple Chirurgeons, or &s;imple Appotheca|ries without confu&s;ion of the two Callings in one, as &s;hall be Determined by the &s;aids Lords thereintil, and al&s;o to hear and &s;ee it found and declared that it &s;hall not be lawful, nor competent upon any contravention of the &s;aids Rules to trouble or mole&s;t the Members of either Calling, except they be taken in the Act of Contravention, <HI>per manus injectionem in crimine flagranti,</HI> as is allowed to, and practi&s;ed by other Trades and Incorporations allen|arly, and that it &s;hall not be lawful for to Force Parties to give their Oaths, for any &s;uch alledged Contraventions, and to have heard and &s;een it found, and declared that the De|fenders have done Wrong to mole&s;t and trouble <HI>Patrick Cunninghame</HI> one of the Pur&s;uers a|bove-named, in withdrawing him from his nece&s;&s;ary Employment and attendance upon his Patients His Maje&s;ties good Subjects, by requiring him to attend a Law &s;uit for giving of his Oath upon pretence of his contraveening the alledged Priviledges of the Chirurge|ons, not as yet by His Maje&s;tie, or the &s;aids Lords upon a full hearing of all Parties con|cerned, cleared, &s;ettled or determined, and to hear and &s;ee them&s;elves decerned to de|&s;i&s;t, and cea&s;e from all farder troubling of the &s;aid <HI>Patrick,</HI> or any other free men Appothe|caries within the &s;aid Burgh of <HI>Edinburgh,</HI> for giving of their Oaths upon any &s;icklike account in all time coming and that for the Rea&s;ons and Cau&s;es above-written as the &s;aid Summonds of Reduction and Declarator; more fully bears, and the other of the &s;aids Summonds at the in&s;tance of the &s;aid Doctor <HI>James Ni&s;bet,</HI> then deacon of the Incorporation of the &s;aids <HI>Cherurgeons, Alexander Penny|cook, Thomas Kincaid, James Cleiland, Walter Turnbulls, John Joy&s;&s;ie, William Borthwick,</HI> and <HI>George Stirling,</HI> then Ma&s;ters of the &s;aid Incorporation, and <HI>Thomas Hender&s;on</HI> pre&s;ent Box ma&s;ter of the &s;amen; for them&s;elves; and in name and behalf of the remnant Bre|thren and Freemen of the <HI>Cherurgeons</HI> and <HI>Barbars</HI> of <HI>Edinburgh,</HI> their in&s;tances Again&s;t the whole <HI>Apothecaries</HI> and others unfreemen in the &s;aid Burgh of <HI>Edinburgh, viz. John Kennedy</HI> Appothecary there, <HI>John Foulis</HI> elder Appothecary there, <HI>Robert Campbel</HI> Ap|pothecary there, <HI>John Hepburn</HI> Appothecary there, Mr. <HI>James Mackmath</HI> Apothecary there, <HI>Hugh Neil&s;on</HI> Arpothecary there, <HI>James Aikenhead</HI> Appothecary there, <HI>James Lou|doun</HI> Apothecary there, <HI>Patrick Cunninghame</HI> Appothecary there, Mr. <HI>Alexander Hap</HI> Appothecary there, <HI>John Foulis</HI> younger Appothecary there, <HI>Thomas Dalrymple</HI> Appo|thecary there, <HI>Walter Porterfield</HI> Appothecary in the <HI>Cannongate, George Mackalla</HI> A|pothecary in <HI>Leith, Edward Cunninghame</HI> Periwig-maker in <HI>Leith, James Robert&s;on</HI> Barbar there, <HI>John Broun</HI> Garidner in the Abbacy of <HI>Holy-rood-hou&s;e, Andrew Jackson</HI> Gairdner at the We&s;t Port, <HI>James Hugh&s;on</HI> Gairdner at the <HI>Plea&s;ance,</HI> and <HI>George Bell</HI> Cherurgeon in <HI>Edinburgh, Euphan Bartine</HI> and <HI>John Biglie</HI> her Spou&s;e indwellers in <HI>Edinburgh:</HI> the which Summonds mak<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">th mention, that where the Lord Provo&s;t, Baillies and Council of the &s;aid Burgh of <HI>Edinburgh,</HI> by their Seal of Cau&s;e under their common Seal, of the date at <HI>Edinburgh</HI> the 1. day of the Moneth of <HI>July,</HI> and year of GOD 1505 years, for the good and onerous Cau&s;es therein mentioned, did gift and grant to the <HI>Cherurgeons</HI> and Barbars within the &s;aid Burgh of <HI>Edinburgh,</HI> for the time being, and to their Succe&s;&s;ors, the Rules, Statutes and Priviledges under-written, con&s;onant to rea&s;on, known to His Maje&s;tie &amp; His Highne&s;&s;es Pregenitors of glorious and worthty Memory, and to the profit of the &s;aid good Town of <HI>Edinburgh,</HI> and all his Maje&s;ties Subjects and Leidges, <HI>viz, Imprimis,</HI> That the &s;aids <HI>Cherurgeons</HI> might yearly choi&s;e among&s;t them&s;elves, an Kirk ma&s;ter or Deacon and Over&s;man, to whom the whole Brethren of their Craft &s;hould obey for that year. <HI>Item.</HI> That no manner of per&s;on &s;hould occupie or u&s;e any points of the &s;aids Crafts of <HI>Cherurgery</HI> or Barbour Crafts within the &s;aid Burgh of <HI>Edinburgh,</HI> but he that bees fir&s;t an
<PB N="5" REF="3"> Burges and Freeman of the &s;aid Craft, and that he be worthy and expert io all the points belonging to the &s;aid Craft, diligently and advi&s;edly examined and Admitted by the Ma|&s;ters of the &s;aid Craft, for &s;erving of his Maje&s;ties Leidges and Neighbours of the &s;aid good Town, and als, that every Freeman who is to be made a Freeman and Ma&s;ter among&s;t the &s;aids <HI>Cherurgeons,</HI> &s;hould be examined and proved in thir points following, that is to &s;ay. That he knew <HI>Anatomia,</HI> Nature and Complection, and every member of humane Body, and likeways than he knew all the Veins of the &s;amen, that he may make <HI>Phlebotomie</HI> in due time, and als, that he knew in whilk member the &s;ign has Dominion for the time, in re&s;pect every man ought to know the &s;ub&s;tance and nature of every thing he works, unle&s;s he be negligent; and als, that the &s;aids <HI>Chirurgeons</HI> and their &s;aids Succe&s;&s;ors &s;hould have once in the year an condemned man after he be dead to make an <HI>Anatomia</HI> of, where|through they might have Experience ilk one to in&s;truct another, and that none within the &s;aid Burgh haunt, u&s;e nor exerce the Craft of <HI>Chirurgery,</HI> without he be expert and know perfectly the things above-written: and what per&s;on that &s;hould happen to be Admitted Freeman or Ma&s;ters to the &s;aids Crafts, or &s;hould occupy any point of the &s;amen, &s;hould pay his Up&s;et at his Entry, with an Dinner to the Ma&s;ters of the &s;aids Crafts, at his Ad|mi&s;&s;ion and entry among&s;t them, exceptand every Freeman Ma&s;ter of the &s;aids Crafts, one of his lawful gotten Sons to be free of any Money paying, except the Dinner to be made to the Ma&s;ters after he be Examined and Admitted by them as &s;aid is. <HI>Item.</HI> That no Ma&s;ter of the &s;aid Craft &s;hall take any Prentice or fied man to u&s;e the <HI>Chirurgeon</HI> Craft, without he could both Read and Write, and the &s;aids Ma&s;ter of any of the &s;aids Crafts that takes any Prentice, &s;hould pay at his entry 20 &s;hilling <HI>Scots</HI> Money, and that no Ma&s;ter of the &s;aid Cr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ft &s;hould re&s;et nor receive any other Ma&s;ters Prentice nor Servant while the I&s;h of his Terms be run, and who that does in the contrair thereof, als oft as he fails, &s;hould pay 20 &s;hilling but favour. <HI>Item,</HI> That every Ma&s;ter that is received Freeman to the &s;aids Crafts, &s;hould pay his weekly Pennies, with other dues mentioned in the &s;ad Seal of Cau&s;e, and every Servant that is a Fied man to the Ma&s;ters of the &s;aid Craft &s;hould pay ilk week one half penny, and that the &s;aid Incorporation &s;hould have power to choi&s;e their own Officer to pa&s;s with them, for ingathering of their quarter &amp; weekly pennies, &amp; to pa&s;s before them at their Occa&s;ions, and gatherings, &s;icklike as other Craffts within the &s;aid Burgh of <HI>Edinburgh</HI> has, and that one of the Ma&s;ters of the &s;aids Crafts, &s;hould pa&s;s with the Officer of the &s;amen, at all times needful, and lift and rai&s;e the &s;aids Quarter Payment fra every per&s;on that owe the &s;amen, and give any di&s;obeys, that they might Poynd and di&s;tren&yogh;ie them, therefore haveing an Officer of the &s;aid good Town with. <HI>Item,</HI> that no Ma&s;ter nor Free-man of the &s;aids Crafts, Purcha&s;s any Lord&s;hip in contrair the Statutes and Rules above Written in hindring Skaithing of the Crafts fore&s;aids, orcomon weell thereof, under the Pain of Tin&s;el of their Freedoms. <HI>Item</HI> that all the Ma&s;ters, Freemen and Brethren of the &s;aids Crafts, reddily obey and come to their Kirk Ma&s;ter and Deacon, at all time when they &s;hall be required therto, be the &s;aid Officer for to hear quarter Compts, or ad|vi&s;e any thing concerning the comon weel of the &s;aids Crafts, and who&s;o di&s;obyes the &s;amen &s;hould pay twenty Shillings Money fore&s;aid, as the &s;aid Seal of cau&s;e of the Date fore&s;aid containing diver&s;e and &s;undry others Heads, Articles and Clau&s;es at mair lenth proports. Likeas his Maje&s;ties Royal Progenitor, <HI>James</HI> by the Grace of God, King of Scots by his Letters of Ratification, given under his Privy Seal of the Date at <HI>Edinburgh</HI> the 13th day of <HI>October,</HI> 1506 years, direct to the Provo&s;t and Baillies of the &s;aid Burgh of <HI>Edinburgh,</HI> for the time being or that &s;hould happen thereafter, to <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e for the time, and to all and &s;un|dry others his Officers, Leidges and Subjects Ratified, Authorized, and confirmed for him and his Royal Succe&s;&s;ors, the fore&s;aids Rules and Statutes, contained in the Seal of Cau&s;e abovementioned, and the &s;amen Seal of Cau&s;e granted to the Ma&s;ters men of Chyrurgeon and Barbar Craft, in the haill Points and Articles thereof, after the Forme and Tennor of the &s;amen, and &s;traitly Charged and Commanded the &s;aids Provo&s;t Baillies, and others his Officers Leidges and Subjects, that they nor none of them &s;hould take upon hand to do or attempt, any thing in contrair or breaking of the &s;aids Statutes and Rules, or his &s;aid Confirmation, made and given thereupon in any ways in time coming, under all the high|e&s;t Pain, and Charge that after may follow. Atour, if any of the &s;aids Crafts-men, di&s;o|byed or did any ways come in contrair the &s;aids Satutes, the &s;aids Provo&s;t and Baillies then pre&s;ent, and thereafter that &s;hould be recommended to Compel them to obey and fulfil the &s;aids Statutes, as effeirs in all things after, the Forme and Tennor of the &s;aids Seale of Cau&s;es, under the pains fore&s;aids, as the &s;aids Letters of Ratification of the Date fore&s;aid at more tenth bears. And &s;icklike <HI>Mary</HI> Queen of Scots, be her Letters of Gift
<PB N="6" REF="4"> under the Privy Seal of the &s;aid Kingdom of the Date the 11th day of <HI>May,</HI> the year of God, 1567 years, for the Cau&s;es therein nominat, gave and granted Licence to all, and &s;undry Chyrurgenos, Inhabitants of the &s;aid Burrows of his tRealm then pre&s;ent, and to their Po&s;terity for the time being Chyrurgeons, whilks &s;hould be able and qualified Per&s;ons, and who after Examination before the Deacone and Brethren of that Occupation, within the &s;aid Burgh of <HI>Edinburgh,</HI> that &s;hould be found able and worthie, To u&s;e and Exerce the &s;aid Craft and no others, that they &s;hould nought bear Armour, nor pa&s;s in Battel in any Hoa&s;ts, Roads gathering A&s;&s;emblys, Wapon &s;hawings or Weirs, to be made by the Kings and Queens of the &s;aid Realme, or their Succe&s;&s;ors, or their Lieutenants or wairdanes be Burgh Sea or Land, within the &s;aid Realme, not out with the &s;amen &amp; al&s;e Licence, to them fra all Compirance, and pa&s;&s;ing upon any Inque&s;ts or A&s;&s;yzes in Actions Criminal or Civil, Ju&s;tice Heirs, Ju&s;tice Courts, Shireff Courts, Burrows Courts, or others for Serving of the Breives, appri&s;ings of Lands or any other manner of Actions what&s;oever, except &s;ua far as concerns the Judgment, and fight of their &s;aid Craft, allenerly Eximand, and Di&s;charging them there Frae in all time coming, and witted and granted the &s;aids Chyrurgeons then pre&s;ent, and their Po&s;terity of that Occupation, nor none of them &s;hould be called, nor accu&s;ed therefore, nor Incurr any Danger or Skaith there thorow in their Lands, per&s;ons or Goods or any otherways in time coming, notwith&s;tanding of any Acts, Statutes and Proclamations or Charges &s;peciall, or general made or to be made in the contrair, or any pains contained thereintil, anent the whilk the &s;aid Queen did di&s;pen&s;e, with them and their Po&s;terity for ever, Di&s;charging them and their Succe&s;&s;ors. Chyrurgeons being for the time of all Action Crime, that may be impute to them or any of them, their throw di&s;charging al&s;o, alland &s;un|dry our Admirals, Wardens Lieutennants, Shireffs, Stuarts, Crowners, Ju&s;tices, Ju&s;tice-Clerks The&s;aurer, The&s;aurer Clerks, Provo&s;ts, Aldermen, and Baillies of Burrows, and all other Officers, and Mini&s;ters of the Laws and their Deputs pre&s;ent, and to come of calling Attaching, Arre&s;ting, Summoning, Adjourning, Poynding, Troubling or Intrometting with the &s;aids Chyrurgeons then pre&s;ent, and their &s;aids Succe&s;&s;ors of that Craft, or any of their &s;aids Lands or Goods in any ways in time coming, for the &s;aid remaining at home, or not pa&s;&s;ing upon A&s;&s;izes or Inque&s;ts as &s;aid is, (except as is before accepted) and of their Offices in that part for ever, as in the &s;aids Letters of Gift of the Date fore&s;aid at more length is contained. <HI>And in like manner,</HI> His Maje&s;ties deare&s;t Grandfather King <HI>James</HI> the 6th. of ever Ble&s;&s;ed Memory, by his Letters of Ratification, &s;uper&s;cribed with his Maje&s;ties Royal Hand, and &s;ub&s;cribed by the Lords of his Maje&s;ties Exchequer, of the Date at <HI>Greenwich</HI> the 6th. day of <HI>June</HI> 16<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">3 years, Ordained a Letter o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Confirmation to be pa&s;t under the Seal of the &s;aid Kingdom of <HI>Scotland,</HI> in Favours of the Incorporation of the &s;aids Chyrurgions of <HI>Edinburgh</HI> and their Succe&s;&s;ors, Ratifying their Rights and Privi|ledges in manner after-mentioned. And accordingly his Maje&s;ties deare&s;t Grandfather, by His Letters pa&s;t and expede under the &s;aid Privy Seal of the Date fore&s;aid, Ratified, and for His Maje&s;ty and His Highne&s;s Succe&s;&s;ore, perpetually Confirmed. The &s;aids Letters made and granted by the &s;aids Provo&s;t and Baillies of <HI>Edinburgh,</HI> and Council thereof, un|der their &s;aid common Seal of Cau&s;es, of the Date above-mentioned, to, and in Favours of the &s;aids Chyrurgions and Barbars of the &s;aid Burgh of <HI>Edinburgh,</HI> from all and &s;undry the fore&s;aids Priviledges, Freedoms, Liberties and Immunities above-written, at length &s;pe|cified in the &s;aid Seal of Cau&s;es, and Ratified and Approved, and for him and his &s;aids Succe&s;&s;ors, perpetually Confirmed the fore&s;aid Letter of Ratification and Approbation, made and granted by the &s;aid dece<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> King <HI>James</HI> the Fourth, of mo&s;t worthy Memory, under the Privy Seal of the &s; id ant ent Kingdom of <HI>Scotland,</HI> of the Date fore&s;aid where|by the fore&s;aids Rules, Statutes and Priviledges, contained in the &s;aid Seal of Cau&s;es, are confirmed, and in like manner Ratified and Approved, and for Him and His &s;aid Succe&s;|&s;ors, perpetually Confirmed the &s;aid Letter of Exemption, made and granted by the &s;aid decea&s;t Queen <HI>Mary</HI> his deare&s;t Mother of worthy Memory, under the Privy Seal of the &s;aid Kingdom, of t e Dare above-mentioned, Exeeming the Chyrurgions from bearing of Armour, pa&s;&s;ing in Battel, and from Reads, Ho&s;ts, and Gatherings, A&s;&s;emblies, Wars, and Weapon-&s;howings, and from pa&s;&s;ing upon A&s;&s;i&s;es and Inque&s;ts in Actions Criminal or Civil, and containing the other Priviledges above mentioned, together with all Acts and Decreets given by the &s;aids Provo&s;t and Baillies of the &s;aid Burgh of <HI>Edinburgh,</HI> in Favours of the Deacon and Brethren of the &s;aids Chyrurgions and Barbars within the &s;aid Burgh of <HI>Edinburgh,</HI> with all that has followed, or may follow thereupon, in all and &s;undry Heads, Clau&s;es, Articles, Conditions and Circum&s;tances thereof, after the Forms and Tenors of the &s;amen in all Points, as the &s;aids Letters of Ratification of the Date fore&s;aid, contain|ing a Di&s;pen&s;ation anent the Validity of the fore&s;aids Writs thereby Ratified, and the not In&s;erting thereof, and &s;everal other Heads and Clau&s;es at more length proports. <HI>And as</HI>
<PB N="7" REF="4"> the &s;aids Provo&s;t, Baillies, and Council of <HI>Edinburgh,</HI> by an Act made and granted by them, of the Date the 20 Day of <HI>August</HI> 1575 years, mentioning, <HI>That after Advi&s;ement had by them, with the Supplication given in to them by the Deacon and Brethren of the Chyrurgions and Barbar-Craft,</HI> bearing, <HI>That it is &s;pecially provided in the Seal of Cau&s;es, and others, Gifts and Priviledges, that none &s;hould Occupy, nor u&s;e the &s;aid Craft, nor no Point thereof, unle&s;s he were a Freeman of the &s;aid Craft, within any part of the Priviledges of the Burgh.</HI> Neverthele&s;s the hail Apothecaries of the &s;aid Burgh, daily u&s;e &amp; exerce the &s;aid Craft of Chyrurgery, they neither being Freemen thereof, nor priviledged thereto, neither having Speculation nor Knowledge thereintill, to the great hurt of the Leiges who in their Mala|dies may come to their hands. Therefor the &s;aids Provo&s;t, Baillies and Council of <HI>Edin|burgh,</HI> Ratified and Approved the fore&s;aid Gift under the Seal of Cau&s;es, of the Date a|bove-written, and for more &s;trengthning thereof, and haill Cau&s;es therein contained, they by their &s;aid Act, Di&s;charged the &s;aids Apothecars, and all others not Freemen Chyrurgi|ons, not tryed not admitted by them, of all u&s;ing and exercing the &s;aid Chyrurgion and Bar|bar-Craft in time coming under the Pain of 40 &s;hillings, &s;o oft as they be apprehended in contraveening of the &s;aid Gift. And ordained the Officers of the &s;aid Burgh of <HI>Edinburgh,</HI> to concur with the &s;aids Chyrurgions and Barbars, and their Officer, in Poynding for the &s;aids Unlaws, as the &s;aid Act at more length bears. And further, the &s;aids Provo&s;t, Bail|lies, and Council of <HI>Edinburgh,</HI> by another Act dated the 10th day of <HI>September</HI> 1641 years, Con&s;idering that it is as well expedient for the good of the Leiges who Re&s;ide out with the Burgh of <HI>Edinburgh,</HI> and not within the Liberties pertaining to the &s;aid Burgh, <HI>That in the Ma<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ter belonging to the Art of Chyrurgery, they be provided with skilful and hone&s;t men, and not left to the Arbitriment and Impo&s;ture of Women and Ignorants.</HI> Therefore the Provo&s;t, Baillies, and Council of the &s;a d Burgh of <HI>Edinburgh,</HI> did inhibit and Di&s;charge all and &s;undry per&s;ons what&s;omever, not being Free-Men of the Chyrurgions of the &s;aid Burgh of <HI>Edinburgh,</HI> and who have not given &s;ufficient proof of their qualifi|cation and knowledge in the &s;aid Art of Chyrurgery, of all u&s;ing and exerci&s;ing of any point of the &s;aid Art, within the Bounds and Priviledges pertaining to the &s;aid Burgh of <HI>Edin|burgh,</HI> and appointed the Magi&s;trats of the &s;aid Burgh to be Judges in all Controver&s;ies which &s;hould ari&s;e betwixt the Inhabitants of the &s;aids Bounds, and the Brethren of the Chyrurgeons and Barbar Craft fore&s;aid, as in the &s;aid Act of Council of the Date fore&s;aid at mo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e length is contained <HI>Attour</HI> His Maje&s;ties decea&s;t Father King <HI>Charles</HI> the Fir&s;t of e|ver ble&s;&s;ed Memory and His E&s;tates of Parliament, conveened in <HI>Anno</HI> 164<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> years, by Act of Parliament, <HI>Intituled Act and Ratification in Favours of the Chyrurgeons and Barbars of</HI> Edinburgh, Dated at <HI>Edinburgh</HI> the 17 Day of <HI>November</HI> 1641 years, ratified and ap|proved, &amp; for him &amp; his Succe&s;&s;ors, perpetually confirmed all &amp; what&s;oever Priviledges, Liber|ties an<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Immunitie<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, made, given and granted by the Provo&s;t, Baillies and Council of <HI>Edin+burgh</HI> under the Common Seal of Cau&s;es, of the Date, the 1&s;t Day of <HI>July</HI> 1505 years to and in Favours of the &s;aids Chyrurgeons and Barbars of the &s;aid Burgh of <HI>Edinburgh,</HI> and &s;pecified in the &s;aid Sale of Cau&s;e, and al&s;o ratified and approved the Letters of Approba|tion and Ratification, granted by <HI>K. James</HI> the Fourth of mo&s;t worthy Memory under his Highne&s;s Privy-Seal, of the Date, Tenor and Contents above-mentioned. And &s;icklike ratified and approved, and for him and his &s;aids Succe&s;&s;ors, perpetually confirmed by Let|ters of Approbation and Confirmation made and granted by the Decea&s;t K. <HI>James</HI> the &s;ixth, His Maje&s;ties &s;aid Grand Father, under his Privy Seal at <HI>Greenwich</HI> of the Date a|bove-written, whereby his Decea&s;t Grand Father willed and granted, and for him and his Succe&s;&s;ors, Decerned, Ordained and Declared the fore&s;aid Letter under the Common Seal of Cau&s;es of the &s;aid Burgh of <HI>Edinburgh,</HI> and Letter of Ratification thereof, made and granted by K. <HI>James</HI> the Fourth to be good, valid and effectual to the &s;aids Chyrurgion &amp; Barbars in all time coming, together al&s;o with the &s;aid Act, Dated the tenth Day of <HI>Sep|tember</HI> 1641 years, whereby the &s;aids Provo&s;t, Baillies and Council of <HI>Edinburgh</HI> did In|hibite and Di&s;charge all and &s;undrie per&s;ons who were not Free-men Chyrurgion-Barbars, from u&s;ing or exerci&s;ing any point or part of the Chyrurgion or Barbar Craft, as well with out the Burgh of <HI>Edinburgh</HI> and Liberties thereof, within the haill Bounds of the &s;amen, as within the &s;aid Burgh of <HI>Edinburgh</HI> it &s;elf, and whereby the Magi&s;trats of the &s;aid Burgh are declared Judges competent to all Differences that may ati&s;e betwixt the Inhabitants of the Bounds of the Liberties fore&s;aids, and the Brethren of the &s;aid Craft. And further, His Maje&s;ties &s;aid Deare&s;t Father of ever ble&s;&s;ed Memory, and his E&s;tates of Parliament con&s;ide|ring the manifold inconveniencies that did ari&s;e, by rea&s;on of a number of Merchant Men and Women, who at their own hands without Liberty, never being bred in the Art
<PB N="8" REF="5"> of Chyrurgery, take upon them to exerci&s;e the Duties and Points of that Art within the Sub|urbs of the &s;aid Burgh of <HI>Edinburgh,</HI> to the great hazard and lo&s;s of the Lives of many good Subjects, and to the great hazard; hurt and prejudice of the Brethren of the &s;aid Craft: Therefore His Maje&s;ties Deare&s;t Father with Advice and Con&s;ent of the &s;aids E&s;tates of Par|liament, did Di&s;charge all and what&s;oever per&s;ons (except the Free, Men of the &s;aid Craft in <HI>Edinburgh</HI>) to u&s;e and exerce any Point of the &s;aid Art of Chyrurgery within the &s;aid Burgh of <HI>Edinburgh,</HI> or any Suburbs about the &s;amen or belonging thereto, and Juri&s;dicti|on thereof, with power to the Deacon and Ma&s;ters of the &s;aid Art then pre&s;ent, and to their Succe&s;&s;ors in all time thereafter to come at all times convenient pa&s;s, &s;earch, take and ap|prehend all &s;uch per&s;ons, exercing the &s;aid Art within the &s;aid Burgh, Suburbs and Juri&s;|diction thereof fore&s;aid, not being Free-Men of the &s;aid Art within the &s;aid Burgh, and to cau&s;e them &s;et Caution to de&s;i&s;t in time coming, and if they fail&yogh;ie, to unlaw them in the Sum of Twenty Pounds <HI>Scots</HI> Money <HI>toties quoties:</HI> And this was ordeined to be done with concour&s;e of the Magi&s;trats of the &s;aid Burgh of <HI>Edinburgh,</HI> and the &s;aids Magi&s;trats are ordained to be Judges in all contraver&s;ies that &s;hould ari&s;e hereanent, betwixt the &s;aids Chyrurgions and Barbars, &amp; any within the &s;aids Bounds, and als are ordained to concur with the &s;aids Chyrurgions and Barbars, to the effect fore&s;aid, als the &s;aid Act of Parliament of the Date fore&s;aid at more length proports. <HI>Moreover,</HI> the &s;aids Provo&s;t, Baillies, and Coun|cil of the Burgh of <HI>Edinburgh,</HI> by their Act Dated the 8th Day of <HI>December</HI> 1643 years, mentioning, that <HI>For&s;omeikle as,</HI> it having come to the knowledge of the Provo&s;t, Baillies and Coun&s;el of the &s;aid Burgh that there were diver&s;e Differences likely to ari&s;e betwixt the Deacon and Brethren of the Chyrurgions on the one part, and the Apothecaries of the &s;aid Burgh upon the other part, and e&s;pecially anent the cureing of all kind of Impo&s;thumes, Ulcers, Fractures, Di&s;locations; Cancers, Imbalming of Dead Corps, Applying of Spara-Draps, Cureing of Varrol, Scurvies, Water-Cankers, Di&s;ea&s;es of the Hernia, Buboes, making of Phlebotomie, applying of Vento&s;es, Fomentations, Loch-leeches, Canters, Ve|&s;icatores, Applying of Plai&s;ters, and all other manual Operations, which were thought by the &s;aids Chyrurgions properly to pertain to their Art, and yet were u&s;ed indifferently by all the Apothecaries within the Burgh of <HI>Edinburgh,</HI> and thereby was like to grow to an great Rent and Divi&s;ion betwixt the &s;aids Chyrurgions and Apothecaries, which the Pro|vo&s;t and Baillies and Coun&s;el of the &s;aid Burgh fore-&s;eeing, and being willing to preveen the &s;amen: <HI>Therefore</HI> they appoint certain per&s;ons of their own number to Conveen be|fore them both the &s;aids Parties, and to try and cogno&s;ce what did properly belong to the &s;aids Chyrurgions, and after conveening of both Parties, and hearing of them, and con&s;ide|ring their Righls, and after Report of their procedure to the &s;aid Council of <HI>Edinburgh,</HI> &amp; after calling and compearing of both the &s;aids Parties, and their con&s;enting to the &s;aid Re|port, the &s;aid Provo&s;t, Baillies, and Council of the &s;aid Burgh of <HI>Edinburgh,</HI> Decerned and Declared, that the Application of Cere-Clothes to Dead Bodies within the &s;aid Burgh of <HI>Edinburgh</HI> and Liberties contained in the &s;aid Chyrurgions Gift, &s;hould properly belong to the &s;aids Chyrurgions, and that it &s;hould not be lawful to any Apothecary nor their Ser+vants in their Name to apply the &s;aid Cere Cloth, nor to them to direct any to apply the &s;amen: And ordained the &s;aids Chyrurgions if they &s;hould be imployed by the &s;aid Apo|thecaries, to apply any Cere-Clothes made by them, not to refu&s;e the &s;amen: And al&s;o De+cerned and Ordained that all manual Operations and Applications about Dead or Living Bodies of Men, Women or Children, &s;hould properly, and only belong to the &s;aids Chy|rurgions, And Di&s;charged the &s;aids Apothecaries and their Servants from the u&s;ing and ex|ercing of any Operations or Applications in the particulars Above rehear&s;ed, about the &s;aids Bodies of Men, Women or Children, as the &s;aid Act of the Date fore&s;aid at more length proports, <HI>And als</HI> the &s;aid Provo&s;t, Baillies and Council of the &s;aid Burgh of <HI>Edinburgh</HI> by another Act, Dated the 20 Day of <HI>April</HI> 1649 years, Taking to their con&s;ideration the prejudice which the Free-Men Chyrurgions and Barbars of the &s;aid Burgh did &s;u&s;tain by the Un Free-Men Chyrurgions and Barbars in the <HI>Cannongate, Leith</HI> and other Suburbs &amp; Pendicles of the &s;amen, They did therefore by the &s;aid Act require the Baillies of the <HI>Can|nongate, Leith,</HI> and others Suburbs within their Juri&s;diction, ilk one of them for their own parts to be a&s;&s;i&s;tant to and to concur with the Deacon of the Chyrurgions and Barbars within their &s;everal bounds fore&s;aid, and that none &s;hould exerci&s;e the &s;aid Craft, nor put out Signs nor Ba&s;ons, while they obtained Liberty from the &s;aid Craft, and were &s;ubject to the Orders &amp; Injunctions of the Deacon and Free-Men of the &s;aid Incorporation of the Chy|rurgions of <HI>Edinburgh,</HI> as the &s;aid Act at more length proports. <HI>Likeas,</HI> the &s;aid Lord
<PB N="9" REF="5"> Provo&s;t, Baillies and remanent Council of the &s;aid Burgh of <HI>Edinburgh,</HI> by an other Act Dated the 27 Day of <HI>June</HI> 1649 years, appointed the Decea&s;t <HI>John Denholm</HI> then one of the Baillies of the &s;aid Burgh to go down to the <HI>Cannongate</HI> with Umquhile <HI>James Borthwick,</HI> then Deacon of the Chyrurgeons, and to &s;ee Cour&s;e and Order taken with the Unfree-Men, there, and with the Unfree Men Barbars in the <HI>Cannongate,</HI> conform to the fore&s;aid Act and Order, of the Date the &s;aid 20 Day of <HI>April</HI> 1649 years fore&s;aid, and that in re&s;pect that the Baillies of the <HI>Cannongate</HI> had &s;lighted the &s;aid Ordinance, as the &s;aid Act of Council of the Date fore&s;aid at more length bears: <HI>And &s;icklike</HI> the &s;aid Provo&s;t, Baillies, and Council of the &s;aid Burgh of <HI>Edinburgh</HI> by an other Act, Dated the 8th Day of the Moneth of <HI>July</HI> 1649 years, did call before them <HI>Robert <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">riest&punc; Andrew Robert&s;on, John Steven&s;on, and William Burn</HI> Barbars of the <HI>Cannongate,</HI> and being demanded by the Coun|cil of the &s;aid Burgh of <HI>Edinburgh,</HI> what Right they have to exerce the &s;aid Art of Chy+rurgery and Barbar Craft within the <HI>Cannongate,</HI> They ab&s;olutely denyed that they did exerci&s;e any point of Chyrurgery, but Barbar-craft allanerly and ingeneou&s;ly declared in pre&s;ence of the &s;aid Council of <HI>Edinburgh,</HI> that they had no Right to exerci&s;e that Craft, and that neither they nor that Calling were ever erected in an Company, not &s;ubject to a Deacon, but that they and their Authors and Predece&s;&s;ors did exerci&s;e the Trade at their own hand allanerly, without any Freedom, Tollerance, War and, Power, or Authority had, or obtained fr<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e any of their Superiors in time bygone, and therefore the Provo&s;t and Council of the &s;aid Burgh of <HI>Edinburgh,</HI> Fand and Declared that the fore&s;aids per&s;ons Barbars in the <HI>Cannongate,</HI> had no Liberty to exerci&s;e the Trade within no part of the Bounds, pertaining to the Juri&s;diction of the &s;aid Burgh of <HI>Edinburgh,</HI> as in the &s;aid Act of Council at more length is contained. <HI>And likewi&s;e</HI> the Baillies of the <HI>Cannongate</HI> by their Act, Dated the 22 of <HI>Augu&s;t,</HI> 1649 years fore&s;aid, Ordained the Barbars of the <HI>Cannongate</HI> to take in their Signs, until they become obedient to the Deacon and Trade of the Chyrurgions of <HI>Edinburgh;</HI> and accord|ingly <HI>Robert Prie&s;t, John Steven&s;tone, Andrew Robert&s;on, John Bow&s;tone, Robert Yule</HI> and <HI>Andrew Turnbul,</HI> Barbars in the <HI>Cannongate,</HI> Compeared before the &s;aids Baillies, and willingly, and of their own accord, did in Obedience to the fore&s;aids Acts and O<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ders, &s;ub|mit them&s;elves thereto, and were willing to &s;ubject them&s;elves to the Deacon and Craft of the Chyrurgeons of <HI>Edinburgh,</HI> their Orders and Injunctions as in the &s;aid Act at more length is contained. <HI>And in like manner,</HI> the &s;aids Provo&s;t, Baillies, and Council of the &s;aid Burgh of <HI>Edinburgh,</HI> by another Act Dated the 12th day of <HI>Augu&s;t</HI> 1649 years, rela|tive to the fore&s;aids Acts above-written, mentioning, that notwith&s;tanding of the &s;aids Acts, the Baillies of the <HI>Cannongate</HI> had done no Diligence again&s;t Unfreemen; therefore the &s;aids Provo&s;t, Baillies, and Council of the &s;aid Burgh of <HI>Edinburgh,</HI> ordain the Baillies of the <HI>Cannongate</HI> Regality and Barony of <HI>Brughtoun</HI> the Baillies of <HI>Leith,</HI> Barony of <HI>Port&s;|burgh,</HI> and other Pendicles within the Juri&s;diction of the &s;aid Burgh of <HI>Edinburgh</HI> and their Succe&s;&s;ors, or their Officers in their Names, within their &s;everal Bounds <HI>re&s;pective</HI> fore|&s;aid to give their Concurrance to the Deacon of the Chyrurgions and Barbars of the &s;aid Burgh of <HI>Edinburgh,</HI> in taking Order with the Unfreemen Chyrurgions and Barbars, and all &s;uch as were Di&s;obedient to their Orders and Injunctions, within their &s;everal bounds <HI>re&s;pective</HI> above written: and e&s;pecially ordained the Baillies of the <HI>Cannongate</HI> to Di&s;|charge the Per&s;ons above-nominat, and the Barbars within their bounds and all other per|&s;ons what&s;oever, from taking upon hand to exerci&s;e the &s;aid Art of Chyru<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">gery or Barbar Craft, and from putting out Signs and Ba&s;ons in time coming, till they obtain Liberty from the Chyrurgions, and Barbar-Craft of <HI>Edinburgh,</HI> under the Pain of Impri&s;onment of their Per&s;ons, and paying of 20 <HI>lib.</HI> of Unlaw <HI>toties quoties,</HI> and farther Cen&s;ure as effeirs. <HI>And &s;icklike,</HI> ordained the Baillies to take in their Signs and Ba&s;ons, and to compel them to Obedience. And in ca&s;e the &s;aids Baillies &s;hould happen to neglect or &s;light their Du|ty, then, and in that ca&s;e, the Magi&s;trats of the &s;aid Burgh of <HI>Edinburgh,</HI> or the Deacons of the &s;aid Chyrurgions and Barbars of <HI>Edinburgh,</HI> with Concur&s;e of the Officers of the &s;aid Burgh of <HI>Edinburgh,</HI> are Authorized by the &s;aid Act, to pa&s;s to the &s;aid Burgh of the <HI>Can|nongate,</HI> and re&s;pective places fore&s;aid, and to Di&s;charge the &s;aids Unfreemen and to com|pel them, and all other Per&s;ons what&s;oever, exerci&s;ing the &s;aid Trade of Chyrurgery and Barbar-Craft, to the Obedience of the &s;aid Act. And gave Power to &s;earch and apprehend Unfreemen, and u&s;e Probation again&s;t them as accords of the Law, and to do all and what|&s;oever other things requi&s;it, for curbing of the &s;aids Unfreemen, and bringing them to due Obedience or Puni&s;hment; and ordained the &s;aid Act to be extended again&s;t all Unfreemen within the haill Bounds of the Priviledge, and Juri&s;diction of the &s;aid Burgh of <HI>Edinburgh,</HI>
<PB N="10" REF="6"> Pendicles and Suburbs of the &s;amen what&s;oever, in time coming, as the &s;aid Act at more length proports. <HI>And farther,</HI> the Baillies and Council of the &s;aid Burgh of the <HI>Cannon|gate,</HI> by an Act Dated the 2d day of <HI>Augu&s;t</HI> 1649 years, did Statute and Ordain <HI>Robert Priest, Andrew Robert&s;on, Robert Yool, Robert Pater&s;on, William Wair&s;dail, John For&s;yth, Andrew Turnbul, William Burn, John Mackmath, Charles Scot, William Wright, John Bouston, Alexander Smith,</HI> and <HI>John Steven&s;tone,</HI> Unfreemen and Barbars in the <HI>Cannon|gate,</HI> to take in their Signs and Ba&s;ons, and to exerce no part of Chyrurgery, nor Barbar-Craft within the <HI>Cannongate,</HI> nor Priviledges thereof in no time coming, while they obtain Liberty, and were &s;ubject to the Orders and Injunctions of the Deacon and Freemen of the Chyrurgions and Barbars in <HI>Edinburgh,</HI> and ordain the Up&s;ets and Entries of all that &s;hould obtain Liberty, to exerce the Trade within the <HI>Cannongate,</HI> to the Will and Di&s;cretion of the Deacon and Trade of the Chyrurgions and Barbars of <HI>Edinburgh,</HI> and their Succe&s;&s;ors, and al&s;o ordained that the Prentices of &s;uch as &s;hould enter, and give Satisfaction to the &s;aid Deacon and Trade of the Chyrurgions of <HI>Edinburgh,</HI> &s;hould pay no more for the Bur|ge&s;s&s;hips than other Prentices, they always &s;hewing a &s;ufficient Te&s;timonial that they are Booked in the Books of the Incorporation of the Chyrurgions and Barbars of <HI>Edinburgh,</HI> and no otherways, as in the &s;aid Act at more length is contained. <HI>Moreover,</HI> the &s;aids Bail|lies of the <HI>Cannongate,</HI> by another Act Dated the 7th Day of <HI>February</HI> 1649 years fore&s;aid, did Decern &amp; Ordain their haill Barbars of the <HI>Cannongate,</HI> to compear before the &s;aid Deacon and Craft of the Chyrurgions of <HI>Edinburgh,</HI> within their conveening hou&s;es in the &s;aid Burgh of <HI>Edinburgh,</HI> and there to &s;ub&s;cribe an Act in the Chyrurgion and Barbar Crafts Books of <HI>Edinburgh,</HI> to underly and be &s;ubject unto all their Decreets and Ordinances bygone and to come, and to give their Oath before the &s;aid Deacon and Craft for that effect, and that betwixt the date of the &s;aid Act and the 13th day of the &s;aid Month of <HI>September;</HI> with Certification to all the&s;e Unfree-men, who did not compear and give &s;atisfaction to the &s;aid Deacon and Craft in <HI>Edinburgh,</HI> and that they &s;hould be left to the will and plea&s;ure and di&s;po&s;ing of the &s;aid Deacon and Craft in <HI>Edinburgh</HI> for their Up&s;ets and Entries, and all other Dues that &s;hould happen to be impo&s;ed upon them by the &s;aid Deacon and Craft, and all other Unfreemen in time-coming, as in the &s;aid Act of the date fore&s;aid at more length is contained. <HI>Attour,</HI> The &s;aids Baillies of <HI>Cannongate,</HI> by another Act dated the 10th day of <HI>February</HI> 1654 years. Did Statute and Ordain, that every Prentice of the Barbers in the <HI>Cannongate</HI> &s;hould pay no more but 10 Pounds <HI>Scots</HI> Money for their Burge&s;hip of that Burgh, the &s;aids Prentices always &s;howing an &s;ufficient Te&s;timonial that they were booked in the Books of the Incorporation of the Chyrurgeons and Barbers of the &s;aid Burgh of <HI>Edinburgh,</HI> and an &s;ufficient Te&s;timonial of the Deacon and Incorporation afore&s;aid that they have &s;erved out their Time fully with their Ma&s;ter: And farder, the &s;aids Baillies did Statute and Ordain, that the haill Prentices of the Barbers of the <HI>Cannongate,</HI> their De&s;ignations and their Burges Tickets, &s;hould be Barbers allanerly, and not Chyrurgeons, as the &s;aid Act at more length proports. And farder, the &s;aid Provo&s;t, Baillies and Council of the &s;aid Burgh of <HI>Edinburgh,</HI> by another Act dated the 27th of <HI>June</HI> 1655 years, Did declare their &s;aid Act above-written, of the date in <HI>December</HI> 1643, to extend to the whole Apothecaries, and their Servants, pre&s;ent and to come, as if they were &s;pecially in&s;ert thereintill; and al&s;o, that the Apotheca|ries, Unfreemen of the Chyrurgeons has no liberty but as Burge&s;&s;es. And &s;icklike, that the Operations and Applications contained in the Act of <HI>December</HI> 1643, upon the living and dead Bodies of Men, Women and Children, and the curing of the Di&s;ea&s;es therein-mentioned, as Tumors, Wounds, Ulcers, Luxations, Fractures, curing of Verols, <HI>&amp;c.</HI> and their acci|dents, by Operations Applications, Diet, Medicaments, and what el&s;e requi&s;ite to the com|pleat Cure, belongs properly to the Freemen Ma&s;ters Chyrurgeons of the &s;aid Burgh of <HI>Edin|burgh,</HI> being tryed in Theory and Practice, &s;worn and admitted to the degrees of Ma&s;ter&s;hip in Chyrurgery before the &s;aid Incorporation allanerly, and no other per&s;on what&s;omever: And therefore did Statute and Ordain, that what&s;oever Apothecaries, or their Servants, or any other per&s;ons what&s;oever, who are not Freemen Chyrurgeons of the &s;aid Burgh of <HI>Edin|burgh,</HI> &s;hould be found guilty of u&s;ing or exercing any Cure, Operation, or Application Chyrurgical fore&s;aid, or any part or point of their Calling, within the &s;aid Burgh of <HI>Edin|burgh,</HI> Liberty, or Juri&s;diction thereof, that they &s;hould be puni&s;hed, and lyable in payment of the &s;aid Unlaw of 20 Pounds Money fore&s;aid, conform to the Act of Parliament, &s;o oft as the &s;amine &s;hall be proved again&s;t them <HI>pro ut de jure,</HI> upon Complaint one or moe <HI>ip|&s;o facto</HI> without any furder Proces of Law: And &s;eing that <HI>William Jackson,</HI> Servitor to <HI>John Hamilton</HI> Apothecary was found to have contraveened the &s;aid Act of <HI>December</HI> 1643, the &s;aid Provo&s;t, Baillies and Council, ordained him to pay the &s;aid Unlaw of 20 Pound <HI>toties quoties</HI> for ilk Fault, and referred the furder Cen&s;ure of his Misbehaviour to the Bail|lies. <HI>Likeas,</HI> The &s;aid Provo&s;t, Baillies and Council, did by the &s;aid Act, Ratifie and
<PB N="11" REF="6"> Approve the whole former Acts of Council made and granted in favours of the Chy|rurgeons of the &s;aid Burgh of <HI>Edinburgh,</HI> as if the &s;amine had been &s;pecially in&s;ert in the &s;aid Act; and ordained Intimation thereof to be made to the Apothecaries, or any others con|cerned therein, that none might pretend ignorance of the &s;amine, as in the &s;aid Act at more length is contained. Conform to the whilk Act, the &s;aid <HI>William Jackson</HI> being fined by the Baillies, in the Sum of 40 Pounds <HI>Scots</HI> Money for two Faults committed by him, in apply|ing of Couters and letting of Blood at two &s;everal times, being upon a &s;ingle Complaint, the one Fault confe&s;&s;ed by him&s;elf, and the other refu&s;ed by him to declare, upon being re|ferred to his Declaration, and having payed the fore&s;aid Sum of 40 Pound to the Baillies of the &s;aid Burgh of <HI>Edinburgh,</HI> they did &s;end by the hand of <HI>James Gray</HI> one of their Officers, the Sum of 20 Pounds, as being the equal half of the &s;aid Fine, to the decea&s;t <HI>William Bur|net</HI> Deacon of the Chyrurgeons of the &s;aid Burgh of <HI>Edinburgh</HI> for the time, to be applyed by him for the u&s;e and behove of the &s;aid Incorporation of the Chyrurgeons, conform to their Seal of Cau&s;es, Rights and Priviledges above-mentioned, as authentick In&s;truments taken thereupon in the Hands of <HI>Robert Adam&s;on</HI> Nottar Publick, of the date the 10th day of <HI>September</HI> 1655 years, at more length proports. <HI>And in like manner,</HI> the &s;aid Provo&s;t Baillies &amp; Council of <HI>Edinburgh,</HI> by another Act dated the 25 day of <HI>Feb.</HI> 1657 years, proceeding upon an Supplication given in to them by the Apothecaries and the Chyrurgeon-Apothecaries of the &s;aid Burgh of <HI>Edinburgh,</HI> did Statute &amp; Ordain, that from thence-forth no per&s;on &s;hould be admitted to the Profe&s;&s;ion &amp; Practice of the Art of Apothecary within the Burgh of <HI>Edin|burgh,</HI> or Liberties thereof, but &s;uch as (having obtained the Freedom of being Burges and Gild-Brother of the &s;aid Burgh) &s;hould make their Addre&s;s by Petition to the Council for their Recommendation to the Apothecaries and the Chyrurgeon-Apothecaries, and their Succe<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">o<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">s for their Tryal and Examined, and that Report &s;hould be made by the Appo|thecaries and Appothecarie Chirurgeons and their fore&s;aids to the Coun&s;el of their Abili|ties and Qualifications in the &s;aid Art, in which ca&s;e the Counc l is to admit them to that Profe&s;&s;ion; and for that effect the Council of the &s;aid Burgh of <HI>Edinburgh,</HI> gave Power, War|rand and Commi&s;&s;ion to the &s;aids Appothecaries, and Chirurgeon Appothecaries, and their fore&s;aids in all time coming, to Try and Examine the Abilities and Qualifications of all &s;uch Per&s;ons who intend to conver&s;e with, profe&s;s and practi&s;e the &s;aid Art within the &s;aid Burgh and Liberties thereof, being recommended in manner fore&s;aid; And did Sta|tute and Ordain that no manner of Per&s;on, or Per&s;ons what&s;oever, within the &s;aid Burgh and Liberties thereof, &s;hould not pre&s;ume nor take upon hand to profe&s;s, nor practi&s;e the &s;aid Art of Appothecary, or any part or point thereof privatly or publick y, who &s;hould not be admitted and found Qualified in manner above-written, under the pain and puni&s;hment of the Contraveeners in their Per&s;ons and E&s;tates: And &s;icklike, did Statute and Ordain, That the Baillies, one or moe for the time, with the <HI>Dean</HI> of <HI>Gild,</HI> and two or more of the Appothecaries and Chirurgeon-Appothecaries, and their fore&s;aids, to be nominat &amp; appoin<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ed by the Council, being Per&s;ons of mo&s;t approven Integritie &amp; Skill, &s;hould from time to time vi&s;it the Sufficiency of all &s;orts of Drugs within the &s;aid Burgh of <HI>Edinburgh</HI> and Liberties thereof, and Seize upon &s;uch Drugs as they &s;hould find in&s;uf|ficient, and Report the &s;amen to the Council, whereby the Havers and U&s;ers thereof may be condignly puni&s;hed in their Per&s;ons, E&s;tates, according to the Quality of their Fault, and their Fines and Penalties to be applyed to the U&s;e of the Good Town of <HI>Edinburgh,</HI> as the &s;aid Act of the Date fore&s;aid at more length proports. And als the &s;aid Provo&s;t and Baillies of the &s;aid Burgh of <HI>Edinburgh,</HI> by their Act dated the <HI>ninth</HI> day of <HI>Novem|ber</HI> 1660 years, mentioning that it plea&s;ed the Council of the &s;aid Burgh of <HI>Edinburgh,</HI> to make choice of the decea&s;t <HI>Arthour Temple</HI> Chirurgeon, to be one of the Captains of the &s;aid Good Town of <HI>Edinburgh:</HI> And &s;eing that by the Laws and Cu&s;toms of mo&s;t part of Kingdoms and Nations, Men of that Profe&s;&s;ion are allways Exeemed from any &s;uch Charge and Office; Their Calling being &s;uch, wherein the very Lives of People are concerned, be&s;ides that the &s;aid Incorporation of the Chirurgeons having many and divers antient Rights, Liberties, Priviledges and Immunities granted to them and their Succe&s;&s;ors; and Ratified by Kings, Queens and Parliaments of this Kingdom. And therefore, the Deacon and Brethren of the &s;aid Incorporation of the Chirurgeons, by Their Supplication given in to the Council of the Good Town, did de&s;ire that they would make choice of others to be their Captains, and to Supplie their other Offices and Places of that &s;ort, and that the Chirurgeons might be Free thereof in all time coming, and that they might have the full Imployment and peaceable Po&s;&s;e&s;&s;ion of all their &s;everal Rights, Priviledges, Immunities and Exemptions granted and Ratified to them, and Ratified in manner above-mentioned.
<PB N="12" REF="7"> The &s;aid Council of the Good Town of <HI>Edinburgh,</HI> having taken the &s;aid Supplication to their con&s;ideration, did find the &s;amen Ju&s;t and Rea&s;onable, and nece&s;&s;ar for the Good of the Leidges, and for the Incouragement of the Chirurgeons to the due Tyes of their Callings; and therefore, did grant to the &s;aids Chirurgeons, Free-men of the &s;aid Burgh of <HI>Edinburgh,</HI> and their Succe&s;&s;ors in that Calling, that they &s;hould be free of all the Offi|ces, or any Charge of that kind in all time coming; As al&s;o, that they &s;hould have the full Imployment and peaceable Po&s;&s;e&s;&s;ion of all their other &s;everal Rights, Privilidges, Immu|nities and Exemptions granted, or Ratified to them by the Kings, Queens and Parliaments of this &s;aid antient Kingdom of <HI>Scotland,</HI> or by the Good Town heretofore in their Fa|vours, within the &s;aid Good Burgh of <HI>Edinburgh,</HI> or Liberties thereof. of what&s;omever Date or Dates, as if the &s;amen had been Repeated, and &s;pecially In&s;ert in the &s;aid <HI>Act,</HI> and that for them and their Succe&s;&s;ors, Chirurgeons Free-men of the &s;aid Burgh in all time coming. And did Statue and Ordain that none &s;hould Mole&s;t them thereintil, nor pre|judge them of the &s;ame in time coming, under the Pains and Penalties, notwith&s;tanding of any Acts, practices, or any other thing el&s;e to the contrair, as the &s;aid Act at more length bears; Likeas, in an Court of Ju&s;ticiary of the &s;aid Kingdom of <HI>Scotland,</HI> holden within the &s;aid Burgh of <HI>Edinburgh,</HI> upon the <HI>ninth</HI> day of <HI>March</HI> 1674 years, by the Right Tru&s;tie and well beloved Cou&s;in and Coun&s;ellor <HI>John</HI> Earl of <HI>Athole</HI> (now Marqui&s;s of <HI>A|thole</HI>) His Maje&s;ties Ju&s;tice-General of the &s;aid Kingdom for the time, and Sir <HI>James Foulis</HI> of <HI>Collingtoun</HI> Knight, Sir <HI>Robert Nairn</HI> of <HI>Strathurd</HI> Knight, Sir <HI>John Baird</HI> of <HI>New|byth</HI> Knight, and Sir <HI>Thomas Wallace</HI> of <HI>Craigie</HI> Knight Lords Commi&s;&s;ioners of Ju&s;ticia|ry, <HI>John Joi&s;&s;ie</HI> Deacon of the Chirurgeons of the &s;aid Burgh of <HI>Edinburgh</HI> for the time for him&s;elf, and in Name &amp; behalf of the remanent Members of the Chirurgeons, and Chirurge|on Apothecarie, within the &s;aid Burgh of <HI>Edinburgh,</HI> did pre&s;ent a Petition, &s;hewing that notwith&s;tanding of the manifold Liberties, Priviledges, Immunities, &amp; Exemptions granted to the &s;aid Incorporation of the Chirurgeons in manner above-written, Exeemand them from pa&s;&s;ing upon A&s;&s;izes and Inqui&s;its Criminal and Civil, yet neverthele&s;s &s;everal Members of the &s;aid Incorporation were daily troubled and mole&s;ted by the Officers of the Court of Ju&s;ticiary, and Summonds to compear upon Sizes without re&s;pect to their exemptions, as the &s;aid Petition at more length bears; The &s;aid Lord ju&s;tice general, and Lords Com|mi&s;&s;ioners of Ju&s;ticiarie, having con&s;idered the fore&s;aid Petition, together with the &s;eve|ral rights, Exemptions and Ratifications produced for in&s;tructing thereof, did di&s;charge all Me&s;&s;engers at Arms, Macers of Court of Ju&s;ticiary and other Officers what&s;omever, from Citing and Summonding of any of the <HI>Cherurgeons</HI> of the &s;aid Burgh of <HI>Edinburgh,</HI> to pa&s;s upon A&s;&s;izes and Inque&s;ts in Actions Criminal in time coming, and that conform to their Gifts and Rights above &s;pecified, as an Act of adjournal made thereanent in favours of the &s;aids <HI>Cherurgeons</HI> more fully bears: and &s;icklike in an other Court of Ju&s;ticiary holden with|in the &s;aid Burgh of <HI>Edinburgh,</HI> by the &s;aid Sir <HI>James Foulis,</HI> Sir <HI>Robert Nairn,</HI> Sir <HI>John Lockhart</HI> of <HI>Castle-hill,</HI> Sir <HI>John Baird,</HI> and Sir <HI>Thomas Wallace</HI> above de&s;igned Lords Com|mi&s;&s;ioners of Ju&s;ticiary, upon the 29 day of <HI>July</HI> 1674 years, anent criminal Letters rai|&s;ed, u&s;ed and execute at the in&s;tance of <HI>Margaret Dalmahoy,</HI> Relict of the decea&s;t <HI>James Ra<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;tone</HI> Gla&s;ier in the <HI>Cannongate, James, Margaret, Kathrine, Agnes</HI> and <HI>Helen Ral&s;tone</HI> his children for them&s;elves, and in name and behalf of the remnant Kin and Friends of the &s;aid Defunct, and his Maje&s;ties Tru&s;tee Coun&s;eller Sir <HI>John Nisbet</HI> of <HI>Dirltoun,</HI> Knight then His Maje&s;ties Advocat for his Highne&s;s intere&s;t in that matter, and <HI>William Ma&s;on</HI> Ma&s;on in the <HI>Cannongate,</HI> then Pri&s;oner in the Tolbooth of <HI>Edinburgh,</HI> divers and &s;undry of the Freemen <HI>Cherurgeons</HI> of the &s;aid Burgh of <HI>Edinburgh,</HI> being called to give their opinion, whether the &s;aid decea&s;t <HI>James Ral&s;tone</HI> did die of wounds mentioned in the &s;aids other cri|minal Letters, and they having given in their opinion in Write thereanent, it was alleged by the Advocats for the Pur&s;uers, that no re&s;pect could be had to the fore&s;aid report, un|le&s;s the &s;aids <HI>Cherurgeons</HI> were compearing per&s;onally and Deponing thereanent, and there|for craved that the &s;aids <HI>Chyrurgeons</HI> might be unlawed for their ab&s;ence, unto which it was an&s;wered, that the <HI>Chyrurgeons</HI> could not be unlawed nor forced to Depone, nor give their Oath anent their opinion, they being <HI>jurati magi&s;tri,</HI> and &s;o the Oath given at their admi&s;&s;ion behoved to have credit, as to what concerned the skill and faithfull di&s;charge of their Employment, the Lords Commi&s;&s;ioners of Ju&s;ticiary having con&s;idered the Premi&s;&s;es in re&s;pect that the <HI>Chyrurgeons</HI> cited in that ca&s;e were not cited as Witne&s;&s;es to the Fact, but to give their opinion upon the quality of the wounds, and therefore by their Interlo|quitor refu&s;e to unlaw and amerciat the ab&s;ent <HI>Chyrurgeons,</HI> as in the Decreet and Proces led and deduced thereanent, and extracted under the Signe and Super&s;cription <HI>Manual</HI>
<PB N="13" REF="7"> of Mr. <HI>Robert Martine</HI> Clerk to the &s;aid ju&s;tice Court at more length is contained: and farder, His Maje&s;tie and E&s;tates of Parliament of this ancient Kingdom of <HI>Scotland,</HI> being conveened in <HI>Anno</HI> 1670 years, and taking to their con&s;ideration, that the Art of Chi|rurgerie is an ancient worthy and free Art mo&s;t nece&s;&s;ary for the healths and Lives of the Subjects, and that the &s;aid Incorporation of the Chirurgeons and Barbours of the &s;aid Burgh of <HI>Edinburgh.</HI> are an able and famous incorporation, whereby the Leidges have found large experience to their great advantage, both in time of Peace and War: and that Pharmacie is an ancient free and nece&s;&s;ary Art for the health of the Leidges, and that the Brotherhood of the Apothecary and Cherurgeon Apothecaries of the Burgh of <HI>Edinburgh</HI> are an able and famous Brotherhood, and have given good proof thereof, Therefore, and for certain other good cau&s;es and con&s;iderations, his Maje&s;tie and the E&s;tates of Parliament by an Act of Parliament dated the 22 day of <HI>August</HI> 1670 years, ratified and approved, and for his Maje&s;tie and his Succe&s;&s;ors, with advice and con&s;ent of the E&s;tates of Parliament, perpe|tually confirmed the whole Acts, Gifts, Grants, Rights, Priviledges, Liberties, Immuni|ties above and after mentioned, to wit, the &s;aid Act made given and granted by the &s;aid Provo&s;t Baillies and Council of the Burgh of <HI>Edinburgh,</HI> under their common Seal of cau&s;e, to and in favours of the Chirurgeons and Barbours of the &s;aid Burgh of <HI>Edinburgh.</HI> dated the 1. day of <HI>july</HI> 1505 years, and whole Rights Priviledges and Liberties and Immunities therein contained, and als the &s;aid Letter of Ratification and approbation made and granted by King <HI>James</HI> the fourth of worthy memory, under his Highne&s;s Privy Seal, of the date the &s;aid 13 day of <HI>October</HI> 1506 years, and &s;icklike, the &s;aid Letter of Exemption made and granted by the &s;aid decea&s;t Queen <HI>Mary,</HI> of the date above mentioned, eximand the <HI>Chirurgeons</HI> from bearing of Armour, pa&s;&s;ing in battle in any Ho&s;t, Reads, gatherings, Wars, Weapon &s;howing, and from all compearing and pa&s;&s;ing upon Inque&s;ts and A&s;&s;izes in any Action criminal or civil, and in like manner, the &s;aid Letter of con|firmation and approbation made and granted by King <HI>James</HI> the &s;ixth, his Maje&s;ties Grand Father, of mo&s;t ble&s;&s;ed Memory, under his Highne&s;s privy Seall of the Date at <HI>Greenwitch</HI> above&s;pecified, confirmed to the &s;aids Chyrurgeons and Barbars, the &s;aid Act and Seall of Cau&s;es, Letters of Ratification granted be King <HI>James</HI> the Fourth, and Letter of Exemption fore&s;aid granted be the &s;aid Decea&s;t Queen <HI>Mary,</HI> and likeas the fore&s;aid Act of <HI>Parliament</HI> made and granted be his Maje&s;ties Deare&s;t Father of Eternal Me|morie, with advice and con&s;ent of his &s;aids E&s;tates of <HI>Parliament,</HI> to and in favours of the &s;aids Chyrurgeons and Barbars of <HI>Edinburgh,</HI> of the Date the 17th day of <HI>November,</HI> 1641 years. And farder his Maje&s;tie with advice and con&s;ent of the &s;aids E&s;tates of <HI>Parliament,</HI> Ratified and approved, and for his Maje&s;tie and his &s;aid Succe&s;&s;ors, perpetually confirmed to the &s;aids Chyrurgeons and Barbars of the &s;aid Burgh of <HI>Edinburgh,</HI> that the Acts follow|ing, <HI>viz.</HI> Ane Act granted be the Provo&s;t, Baillies, and Council of the &s;aid Burgh of <HI>Edinburgh,</HI> again&s;t Unfreemen Dated the &s;aid 10th day of <HI>Augu&s;t,</HI> 1649 years. <HI>Item,</HI> ane other Act granted be the &s;aids Provo&s;t, Baillies and Council of the &s;aid Burgh of <HI>Edinburgh</HI> in their favors, anent their Rights, Priviledges, Liberties, and Immunities, and Prohibit|ing of Unfreemen, Dated the 22 day of <HI>June,</HI> 1655 years. And al&s;o ane other Act anent the &s;aids Chyrurgeons, and Barbars their Rights, Previledges, Liberties, and Immunities and Exemption of the &s;aid Chyrurgeons fra Watchings Wardings, and others mentioned in the &s;aid Act granted to them, be the &s;aid Town Council of <HI>Edinburgh,</HI> Dated the &s;aid 9th day of <HI>November,</HI> 1660 years. And farder his Maje&s;tie for him&s;elf and his &s;aids Succe&s;&s;ors with advice and con&s;ent of the &s;aids E&s;tates of <HI>Parliament,</HI> Ratified Approved and Confirm|ed, the fore&s;aid Act granted be the &s;aids Provo&s;t, Baillies and Council of the &s;aid Burgh of <HI>Edinburgh,</HI> under the Seal of Cau&s;es, in favours of the Appothecars and Chyrurgeon Appothecaires, anent Vi&s;itors, Examination of intrants, and Prohibiting of Unfreemen to Compone Drugs, and others therein mentioned, of the Date the &s;aid 25th day of <HI>February,</HI> 1657 years, and one other Act granted by the &s;aid Provo&s;t, Baillies and Council of the &s;aid Burgh of <HI>Edinburgh,</HI> for conveening, Regulating, and ordering of the &s;aid Brother-Hood, Dated the fir&s;t day of <HI>April,</HI> 1659 years. As al&s;o an other Act containing ane Oath tendered be the &s;aid Town Council of <HI>Edinburgh,</HI> to the &s;aids Intrants, at their Admi&s;&s;ions Dated, the 18th day of <HI>March,</HI> 1664 year, and the haill Rights, Priviledges, Liberties, and Immunities re&s;pective contained in any of the &s;aids Gifts, Grants, and Acts gaanted in favours of the Incorporation of the &s;aids Chyrurgions and Barbars, and of the &s;aid Brother|hood of the Chyrurgeon Apothecaries, and Apothecaries, or that may be any ways inter|pret, or conceaved in any of their Favours. His Maje&s;ties with advice and con&s;ent of the
<PB N="14" REF="8"> E&s;tates of <HI>Parliament,</HI> Ratified and approved, and for his Maje&s;tie and his &s;aid Succe&s;&s;ors, perpetually Confirmed all other Gifts, grants, Decreets, made and granted be his Maje&s;ties Royal Predece&s;&s;ors, and all Acts of <HI>Parliament,</HI> Acts of Borrows, and all and every one of the Acts of Courts, and Town Council of <HI>Edinburgh</HI> and others, and any Ratifications there|of, in favours of the &s;aid Incorporation of the Chyrurgions and Barbars, and Brotherhood of the Apothecarie Chyrurgeons, and Apothecars of the &s;aid Burgh, and every one of them, their Succe&s;&s;ors, Children, Prentices re&s;pective, anent their Rights Liberties Immuni|ties and Priviledges of the &s;aid Incorporation and Brother-hood re&s;pective of what&s;omever Date, or dates Tenor or Contents, the &s;amen be or bear with all that has followed or may, follow thereupon in all and &s;undry the haill Heads, Points, Articles, Clau&s;es, provi&s;ions circum&s;tances and conditions of all the &s;aids Acts, Gifts, grants, Decreets, Ratifications and others particularlie and generallie abovementioned, granted in favours of the &s;aid Incorpo|ration and Brother-hood, or any of them after the Forms and Tenors of the &s;amen in all Points, di&s;pen&s;and with the Generality of the &s;aid Ratification. And his Maje&s;tie with ad|vice and con&s;ent of the &s;aids E&s;tates of <HI>Parliament,</HI> Decerned and ordained the &s;aid Ratifi|cation and Confirmation, to be al&s;e Valid, effectual and &s;ufficient to the fornamed Per&s;ons, and their Succe&s;&s;ors re&s;pective, as if all the &s;aids Gift, grants, Acts of <HI>Parliament,</HI> Acts of Bor|rows Decreets, and Acts of Court and Town Council of <HI>Edinburgh</HI> and others, and Ratifica|tions fore&s;aids, were all and every one of them at length, and <HI>verbatim</HI> &s;peciallie and particu|larlie In&s;ert, ingro&s;&s;ed and contained in the &s;aid Ratification. Whereanent, and anent all other defects and imperfections, that could be proponed or alleadged in all Objections of Law, that could be moved again&s;t the &s;amen. His Maje&s;tie with advice and con&s;ent fore|&s;aid, not only Di&s;penced, But al&s;o Renunced and Di&s;charged the &s;amen for ever, and gave full power to the &s;aids Chyrurgeons and Barbars and Brother-hood fore&s;aid, of the &s;aid Chyrurgion Apothecaries, and Apothecaries of the &s;aid Burgh of <HI>Edinburgh,</HI> and their &s;aid Succe&s;&s;ors, to make u&s;e of all the &s;aids Acts, or any of them without prejudice of one to other to their be&s;t behoofe and advantage, as they &s;hal think fit, and for effect|uating better of the haill Premi&s;&s;es and ends fore&s;aids. His Maje&s;ty with advice and con|&s;ent of the E&s;tates of Parliament, ordains the Magi&s;trats and Council of the &s;aid Burgh of <HI>Edinburgh</HI> and their Succe&s;&s;ors, to maintain the &s;aids Chirurgeons afore&s;aid, their Children, Apprentices and Servants, in their hail Rights, Liberties, Immunities and priviledges what|&s;omever, granted in their favours; notwith&s;tanding that any of them &s;hould exerce any other thing be&s;ides, as Burge&s;&s;es and Gild-brethren, and as if they did not the &s;amen; And &s;icklike ordained the &s;aids Magi&s;trats of the &s;aids Burgh of <HI>Edinburgh</HI> and other Judges, Sheriffs and Magi&s;trats of the &s;aid Burgh of <HI>Edinburgh</HI> and Sheriffdome thereof and their Officers to a&s;&s;i&s;t and concurr with the Deacon and Brethren of the &s;aid Incorporation of the &s;aids Chyrurgeons and Barbars, and with the vi&s;itors and Brethren of the Brotherhood of the Chyrurgeon Apothecaries, or any of them and their &s;aid Succe&s;&s;ors Re&s;pective, again&s;t any Per&s;on or Per&s;ons, who &s;hould exerce or practi&s;e any poynt or part of the &s;aid Art Re&s;pective within the Liberties of <HI>Edinburgh,</HI> or any other place within the Sheriffdome thereof, without licence or freedome from them, under the Re&s;pective Seals and Clerks hands; the <HI>Major</HI> partie being an <HI>quorum,</HI> and again&s;t any per&s;on or per&s;ons who con|traveen any of the Re&s;pective Rights, Liberties and Priviledges within the Bounds fore|&s;aids; As al&s;o, any per&s;ons among&s;t them&s;elves, Contraveeners of their own Acts and or|ders thereafter, and to exact Fynes, Unlawes and Penalties therefore, from them and from other Tran&s;gre&s;&s;ors as afore&s;aid, and to &s;earch, take, apprehend, p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ynd and waird them for the &s;amen, the one half of the &s;aids Fines of unfreemen, to belong to the Council of <HI>Edinburgh,</HI> and the other half of the &s;aid Incorporation and the Brotherhood fore&s;aid Re&s;pective, and if any per&s;on &s;hould find &amp; apprehend them&s;elves prejudged or wronged aither by the determination of the &s;aid Incorporation or Brotherhood Re&s;pective, contrair to the Laws, Rights and Liberties, priviledges and power granted to them, or either of them, that then in that ca&s;e, they &s;hould have the recour&s;e of the Magi&s;trats and Council of the &s;aid Burgh of <HI>Edinburgh,</HI> who may determine in the&s;e ca&s;es for both parties, as in the &s;aid Ratification and Act of Parliament at more length is contained, by vertue of the whilk Seal of Cau&s;es, Ratifications thereof, Letters of Exemption granted by Queen <HI>Mary,</HI> Letters of Confirmation and Approbation granted by King <HI>James</HI> the &s;ixth His Maje&s;ties Grand|father, and Act and Ratification of Parliament granted by King <HI>Charles</HI> the fir&s;t, His Ma|je&s;ties Father of eternal Memory, and hail other Acts, Gifts, Grants, Decreets of Court and Town Council of the &s;aid Burgh of <HI>Edinburgh,</HI> and His Maje&s;ties Ratification and Act of Parliament, granted in manner Above-mentioned, and be ver|tue
<PB N="15" REF="8"> of &s;everal other Acts, Gifts, Grants, Acts of Town Council, and Court of the &s;aid Burgh of <HI>Edinburgh,</HI> Acts and Decreets of the Town Council and Court of the <HI>Cannongate,</HI> and Acts and Decreets of the Sheriff Courts of the Sheriffdome of <HI>Edinburgh,</HI> and Acts and Decreets of the Baillie Court of <HI>Leith, Portsburgh</HI> and <HI>Poterraw,</HI> and Acts and Statutes made by the &s;aid Incorporation of Chyrurgeons and Barbars of the &s;aid Burgh of <HI>Edinburgh,</HI> among&s;t them&s;elves, and by the &s;aid Brotherhood of the Chyrurgeon Apothecaries, and Apothecaries among them&s;elves, not above expre&s;t nor &s;et down, and whilks are all holden as hereintill in|&s;ert and expre&s;t, as a part of this principal Lybel <HI>brevitatis cau&s;a.</HI> The &s;aid Incorporation of the &s;aid Chyrurgeons and Barbars of the &s;aid Burgh of <HI>Edinburgh</HI> and Chyrurgeon-Apothe|caries, Pur&s;uers above-nominate, for them&s;elves and in name and behalf of the &s;aid Incor|poration, and their &s;aids Predece&s;&s;ors the Freemen Chyrurgeon Barbers and Chyrurgeons-Apothecaries of the &s;aid Burgh of <HI>Edinburgh,</HI> have been in peaceable Po&s;&s;e&s;&s;ion of the fore|&s;aid Rights and Priviledges contained in their &s;aid Seal of Cau&s;es, Gifts, Grants, Acts, De|creets, and others particularly and generally above-mentioned, pa&s;t all memory of Man. And they and their &s;aid Succe&s;&s;ors Freemen Chyrurgeons and Barbers of the &s;aid Incorpo|ration, they ought and &s;hould have the only Right and Priviledge to u&s;e and exerce the haill Operations and Applications contained in their &s;aids Gifts, Grants, and others Writs and Rights, and particularly the haill Operations and Applications contained in the &s;aid Act of <GAP DESC="blank"> <HI>December</HI> 1643, upon the living &amp; dead Bodies of Men, Women &amp; Children, and the Curing of their Di&s;ea&s;es &s;pecially in their &s;aids Rights, as Tumors, Wounds, Ul|cers, Luxations, Fractures, curing of Verrols, and others above-written, and their Acci|dents, by Operations, Applications, Diet, Medicaments, and what el&s;e belongs thereunto, properly appertains to the Freemen Ma&s;ters Chyrurgeons of the &s;aid Burgh of <HI>Edinburgh,</HI> being tryed in Theory and Practice, &s;worn and admitted to the Degrees of Ma&s;ter&s;hip in Chyrurgery by the fore&s;aid Incorporation allanerly, and to no other per&s;on or per&s;ons what&s;omever. <HI>Neverthele&s;s,</HI> It is of Verity, that the per&s;ons after nominate, &s;imple Apothecaries, Unfreemen Chyrurgeons, Unfreemen Barbers, Perewig-makers, Gardiners, Country Leiches, Women, Ignorants and Impo&s;tures after de&s;igned, als well who have their actual Re&s;idence, Dwelling and Abode within the &s;aid Burgh of <HI>Edin|burgh</HI> and Liberties thereof, and bounds contained in the Gifts, Grants and Priviledges a|bovewritten, as the&s;e who Lurk, Skulk, Haunt and &s;ometimes come within and &s;ometimes without the Bounds fore&s;aid, and who are Vagrants, <HI>viz. John Kennedy</HI> Apothecary Bur|ges of <HI>E inburgh, John Fowlis</HI> Elder, <HI>Robert Campbel, Hugh Niel&s;on, James Aickenhead, James Laudin, Patrick Cunninghame, John Hepburn.</HI> Mr. <HI>James Mackmath,</HI> Mr. <HI>Alexander Hay, John Fowlis</HI> younger, <HI>Thomas Dalrymple,</HI> and <HI>Patrick Hepburn</HI> Apothecaries Burge&s;&s;es of the &s;aid Burgh of <HI>Edinburgh, Walter Porterfield</HI> Apothecary in the <HI>Cannongate, George Mackala</HI> Apothecary in <HI>Leith, Edward Cunninghame</HI> Peiriwigmaker in <HI>Edinburgh, James Robert&s;on</HI> Barber there, <HI>John Brown</HI> Gardiner in the Abbay of Holy-Rood-Hou&s;e, <HI>Andrew Jack&s;on</HI> Gardiner in We&s;t-ports burgh, <HI>James Heugh&s;on</HI> Gardiner in the <HI>Plea&s;ants, George Bell</HI> pretended Chirurgeon in <HI>Edinburgh, Euphane Barton</HI> indweller in <HI>Edinburgh</HI> and <HI>John Bigle</HI> her Husband for his Intere&s;t <GAP DESC="blank"> <HI>Wil&s;on</HI> Relict of the Decea&s;t <HI>Hary Burn</HI> and <HI>Jo|hanni Bapti&s;ta Quarantini</HI> and <HI>Johannes Michael Philo</HI> Montibanks and certain other per&s;ons unfree Women Gardiners and Montibanks within the &s;aid Burgh of <HI>Edinburgh</HI> and Liberties thereof who are holden as herein repeated <HI>brevitatis cau&s;a,</HI> dayly and continually take up|on them to u&s;e and exerce the Practice of Chirurgerie, and all other Points and Practices u&s;ed and exerced by the Chirurgeon Barbers and Chirurgeon Apothecaries within the &s;aid Burgh of <HI>Edinburgh,</HI> and als to u&s;e and exerce the hail Rights, Liberties, Immunities, Pri|viledges belonging to the &s;aids Pur&s;uers Freemen fore&s;aids, albeit they have neither Right nor Intere&s;t to the &s;ame; And therefore it ought and &s;hould not only to be found and declared by Decreet and Declarator of the Lords of Council and Se&s;&s;ion, that the &s;aid Pur|&s;uers and their Succe&s;&s;ors the Freemen Ma&s;ters, Chirurgeons and Barbers of the &s;aid Burgh of <HI>Edinburgh</HI> being tryed in Theory and practice Sworn and admitted to the Degrees of Ma&s;ter|&s;hip in Chirurgerie by the &s;aid Incorporation, and the Chirurgeon Apothecaries of the &s;aid Burgh of <HI>Edinburgh,</HI> have the only good and undoubted Right to bruick, enjoy and po&s;&s;e&s;s, u&s;e and practice the hail Rights, Liberties, Freedoms, Priviledges, Operations, Ap|plications and others contained in their Acts, Seals of Cau&s;e Exemptions, Ratifications, De|creets and other Writes particularly and generally abovementioned granted in their Favours and to u&s;e and exerce the hail Operations and Applications upon the Living and Dead Bo|dies of Men, Women and Children, and the cureing of all De&s;ea&s;es, Incident and Accident to them particularly and generally above-mentioned and their Accidents by Operations, Ap|plications,
<PB N="16" REF="9"> Dyet, Medicaments, and others what&s;omever belonging thereunto, and that the &s;amen properly appertains to the &s;aids Pur&s;uers, Free-men and Ma&s;ters fore&s;aid and to their Succe&s;&s;ors Free-men and Ma&s;ters being tryed in Theory and Practice, and Sworn and Admit|ted to the Degrees of Ma&s;ter&s;hip in time coming in manner above-written, and to no other per&s;on or Per&s;ons, and farder it ought and &s;hould be found and declared by the Decreet and Declarator of the &s;aids Lords of Council and Se&s;&s;ion, that the &s;aids Pur&s;uers may by them&s;elves their Deacon, officier and others not only apprehend any of the &s;aids Defenders, if they can take them <HI>flagranti delicto,</HI> but that they may al&s;o cau&s;e cite them before the &s;aids Provo&s;t, Baillies and Town Council of <HI>Edinburgh</HI> or other Magi&s;trats thereof, for contra|veening any of the fore&s;aids Priviledges, Liberties, Freedoms and others above-written, and refer the Contraventions fore&s;aid to the Oaths of the &s;aid &s;imple Apothecaries and others Contraveeners and Defenders above nominat, if the &s;aid Pur&s;uers think fit or to u&s;e all o|ther manner of Probation again&s;t the &s;aid Defenders and Contraveenrrs fore&s;aids <HI>pro ut de jure,</HI> and it ought and &s;hould be found and declared, that the &s;aids Defenders and all others concerned, &s;hall be holden bound and oblidged to depone upon all the matters of Fact, that &s;hall be particularly referred to their &s;aid Oaths in their re&s;pective Pur&s;uits. that &s;hall be intented for the Contraventions, before the &s;aid Magi&s;trats of <HI>Edinburgh,</HI> and als it ought and &s;hould be found and declared, that the Provo&s;t, Baillies and Council of <HI>Edin|burgh</HI> are the only Judges competent in the fir&s;t in&s;tance to the &s;aids Pur&s;uits to be intent|ed again&s;t all Contraveeners, for contraveening any of the &s;aids Pur&s;uers Priviledges above|&s;pecified, and to di&s;cu&s;s the &s;ame Summarly, according to the Cu&s;tom of Burgh; And the Pur&s;uers thier contraverted Practice in vindicating the Priviledges, but al&s;o, the &s;aids Defenders above-mentioned, and all other Unfreemen, Gardiners, Women and others what&s;oever, ought and &s;hould be decerned by Decreet of the &s;aids Lords of Council and Se&s;&s;ion, to de&s;i&s;t and cea&s;e from all u&s;ing and practi&s;eing and exerci&s;eing of any Point, Part or Prctaice belonging to the &s;aids Pur&s;uers, and ought and &s;hould be di&s;charged by De|creet fore&s;aid, from taking upon them to U&s;e, Exerce, or Enjoy any of the Rights, Liberties. Priviledges, Immunities and Exemptions given and granted to the &s;aids Pur&s;uers, and pro|perly belonging to them and their Succe&s;&s;ors, after the form and Tenor of the &s;aids Acts, Seals of Cau&s;es, Ratifications, Exemptions, Gifts, Grants, Acts of Parliament, Decreets and o|ther Writs particularly and generally above-mentioned in all Points as is alledged as the &s;aid la&s;t Summonds and Execution thereof likewi&s;e more fully bears, the &s;aid Mr. <HI>James Nisbet</HI> for him&s;elf and in Name and behalf of the remnanent Brethren of his &s;aid Trade, pur&s;uers of the fore&s;aid Lybel, as likewi&s;e pur&s;uers in the fore&s;aid Action of Declarator rai&s;ed at their in&s;tance, and Defenders in the other Acton rai&s;ed again&s;t them, <HI>Compearing</HI> be Sir <HI>George Macken&yogh;ie</HI> his Maje&s;ties Advocat, Sir <HI>John Lauder,</HI> &amp; Mr. <HI>Colen Macken&yogh;ie</HI> his Maje&s;ties Advocats, their Procurators, who for in&s;truct|ing the fore&s;aid libel produced in pre&s;ence of the &s;aids Lords, ane Conde&s;cendence made by the Chirurgeons upon the &s;everal acts of Contraventions done by the &s;aid <HI>Patrick Cunninghame,</HI> whereby he had u&s;urped upon the priviledges only belonging to the free-men Ma&s;ters of the Art and Trade of Chyrurgery within the &s;aid Burgh and Liberties thereof. 1. The &s;aid <HI>Patrick Cunninghame</HI> within this half year or thereby, did cure <HI>Barbara Hastie</HI> daughter to umquhil <HI>Hea&s;tie</HI> Stabler in <HI>Edinburgh</HI> of an broken Head, by applying Pla&s;ters thereto and otherways. 2. The &s;aid <HI>Patrick Cunninghame</HI> did open an Vein to, and let Blood of the Lady <HI>Lee</HI> younger, within the&s;e five or &s;ix Months or thereby. 3. The &s;aid <HI>Patrick Cun|ninghame</HI> applyed Pla&s;ters to the &s;aid Lady <HI>Lee</HI> her Arme, the &s;ame being &s;trained or hurt by &s;ome Accident or other at or about the time fore&s;aid. 4. The &s;aid <HI>Patrick Cunninghame</HI> opened an Vein to, and let Blood of <GAP DESC="blank"> Servitrix to the &s;aid Lady <HI>Lee</HI> within five or &s;ix Months or thereby. 5. The &s;aid <HI>Patrick Cunninghame</HI> opened a Vein to, and let Blood of the Earl of <HI>Carnwath,</HI> and applyed Lochletches one or moe, and Cauters one or moe to the &s;aid Earl, within the &s;pace of three years or thereby. 6. The &s;aid <HI>Patrick Cunninghame</HI> opened a Vein to, and let Blood of <GAP DESC="blank"> <HI>Semple</HI> daughter to umquhil <HI>John Semple</HI> of <HI>Balgone,</HI> and applyed two Couters to her within the &s;pace of this half year or thereby. 7. The &s;aid <HI>Patrick Cunninghame</HI> did frequently pance and dre&s;s <GAP DESC="blank"> within the hou&s;e of <GAP DESC="blank"> at the head of the <HI>Cannongate</HI> who had a wound in his Brea&s;t within the&s;e three or four yeass or thereby. 8. The &s;aid <HI>Patrick</HI> did apply &s;everal Plai&s;ters, and that frequently to umquhil <HI>William Cunninghame</HI> elder Mer|chant in <HI>Edinburgh</HI> his fore-foot, within the&s;e three years or thereby, the &s;aid <HI>Patrick Cun|ninghame</HI> opened an Vein to, and let Blood of umquhile <HI>Henry Cunninghame</HI> and his Spou&s;e, and applyed Couters, Pla&s;ters and Oyntments to them within the&s;e three years or thereby,
<PB N="17" REF="9"> as the &s;aid Conde&s;cendence extent in proce&s;s more fully bears, as al&s;o for verefying and in&s;tructing the Points and Articles of the fore&s;aids Summonds of Declarator, and the Rights of priviledges of the &s;aid Incorporation adduced in pre&s;ence of the &s;aids Lords the particular Writs under-written, conform to an Inventar thereof, whereof the Tenor follows, <HI>viz.</HI> The Seal of Cau&s;e, dated the 1. of <HI>July</HI> 1505, erecting the Chyrurgeons into an Incorporati|on under the Town of <HI>Edinburgh</HI> their Seal of Cau&s;e. <HI>Item,</HI> Letters of Ratification there|of by King <HI>James</HI> the Fourth, under his Privy Seal, dated the 13 day of <HI>October</HI> 1506 years. <HI>Item,</HI> Letters of Exemption by Queen <HI>Mary</HI> under her Privy Seal, dated 13 <HI>May</HI> 1567. years. <HI>Item.</HI> Signatur by King <HI>James</HI> the 6th. &s;ub&s;cribed by the Lords of The&s;aury, or|daining an Letter of Ratification to the above-written Rights, to be exped under his Pri|vy Seal, dated 6 <HI>June</HI> 1613 years. <HI>Item,</HI> the Ratification following thereupon by King <HI>James</HI> the 6th, under his Privy Seal, dated the 6 of <HI>June</HI> 1613 years fore&s;aid. <HI>Item,</HI> An Act of the Council of <HI>Edinburgh</HI> in favours of the Chyrurgeons, dated 10 of <HI>September</HI> 1641 years. <HI>Item,</HI> An Ratification in Parliament of the above-written Rights in favours of the Chyrurgeons, dated the 17 day of <HI>November</HI> 1641 years. <HI>Item,</HI> An other Act of the Coun|cil of <HI>Edinburgh</HI> in favours of the Chyrurgeons dated the 8 of <HI>December</HI> 1643 years. <HI>Item,</HI> An other Act of the Council of <HI>Edinburgh</HI> again&s;t unfree-men in the <HI>Cannongate, Leith,</HI> and other Suburbs, dated the 20 of <HI>April</HI> 1649 years. <HI>Item,</HI> An other Act of the Council of <HI>Edinb.</HI> again&s;t the Barbers in the <HI>Cannongate,</HI> dated the 27 of <HI>June</HI> 1649 years. <HI>Item,</HI> An other Act of the Council of <HI>Edinburgh</HI> again&s;t the Barbers in the <HI>Cannongate,</HI> dated 18 day of <HI>July</HI> 1649 years. <HI>Item,</HI> An Act of the Council of the <HI>Cannongate</HI> again&s;t their Barbers there, dated 22 day of <HI>Augu&s;t</HI> 1649 years. <HI>Item,</HI> an Act of the Council of <HI>Edinburgh</HI> again&s;t the Unfreemen in the <HI>Cannongate,</HI> dated 12 day of <HI>August</HI> 1649 years. <HI>Item,</HI> Two Acts of the Council of the <HI>Cannongate</HI> again&s;t Unfreemen there, the one dated the 2d of <HI>Augu&s;t</HI> 1649, the other dated the 7 of <HI>September</HI> 1649 years, both upon one Parchment. <HI>Item,</HI> An Act of the Council of the <HI>Cannongate</HI> in favours of the Apprentices of Barbers there dated 10 of <HI>Feb.</HI> 1654 years. An Act and Decreet of the Council of <HI>Edinburgh</HI> in favours of the Chirurgeons again&s;t the Apothecaries, dated the 27 of <HI>June</HI> 1655. <HI>Item.</HI> An In&s;tru|ment Deacon <HI>Burnet</HI> again&s;t <HI>William Jackson</HI> anent his two Fines, the one the 10 <HI>Septem.</HI> 1655. <HI>Item,</HI> An Act of the Council of <HI>Edinburgh,</HI> erecting the Chirurgeon-Apothecaries, Apothecaries into an Brother-hood under the Town of <HI>Edinburgh</HI> their Seal of Cau&s;es, dated the 25 <HI>Feb.</HI> 1657 years. <HI>Item,</HI> Exemption by the Town of <HI>Edinburgh</HI> in favours of the Chirurgeons, dated 9th <HI>Novemb.</HI> 1660 years. <HI>Item,</HI> An Act of Adjournal in favours of the Chirurgeons, dated the 9 day of <HI>March</HI> 1674 years. <HI>Item,</HI> An Extract of the Proce&s;s pur&s;ued before the Lords of Ju&s;ticiary by <HI>Margaret Damahoy,</HI> again&s;t <HI>William Ma&s;on,</HI> dated the 29 of <HI>July</HI> 1674 years. <HI>Item,</HI> An Ratification in Parliament in favours of the Chirur|geons, of their hail Rights. dated the 22 of <HI>Augu&s;t</HI> 1670 years. <HI>Item,</HI> An Act of the Coun|cil of <HI>Edinburgh</HI> again&s;t <HI>John Savage</HI> Unfree-man, dated the 4 day of <HI>July</HI> 1638 years. <HI>Item,</HI> An Act of the Baillies of the <HI>Cannongate</HI> again&s;t <HI>William Steven</HI> Unfree-man, dated the fir&s;t of <HI>January</HI> 1653 years. <HI>Item,</HI> Conde&s;cendence by the Chirurgeons upon the Deeds of Con|travention committed by <HI>Patrick Cunninghame, Item,</HI> an Summonds of Declarator the Chyrur|geons of <HI>Edinburgh</HI> again&s;t the haill Apothecaries and others Unfreemen, with the Execu|tions thereof, of the Date 1681 years, as the &s;aid Conde&s;cendence extent in proce&s;s more fully bears as al&s;o for verefying and in&s;tructing the Points and Articles of the &s;aid Sum|monds of Declarator, and the Rights and Priviledges of the &s;aid Incorporation adduced in pre&s;ence of the &s;aids Lords the particular Writs above &s;pecified, and the &s;aid <HI>Patrick Cun|ninghame</HI> Defender in the fore&s;aid Libel, &amp; he &amp; the remanent Apothecaries of the &s;aid Burgh, Defenders of the fore&s;aid Action of Declarator, rai&s;ed at the &s;aids Chyrurgeons their in&s;tance. &amp; Pur&s;uers in the other Action of Reduction &amp; Declarator rai&s;ed at their in&s;tance again&s;t them. Compearing by Sir <HI>George Lockheart,</HI> Sir <HI>John Dalrymple,</HI> and Mr. <HI>David Cunninghame</HI> Advocats their Procurators, the fore&s;aid Lybel and mutual Summonds of Declartor rai&s;|ed by both the &s;aids Parties in manner above-re-hear&s;ed with the Cond&s;cendence above|written, and particular Writs and Evidents produced for In&s;tructing the &s;aid Chirurgeon Apothecaries their Rights and Priviledges in manner above-&s;pecified, together al&s;o with the &s;everal Debates and Interlocutors following thereupon in manner under-written, and together with the &s;everal Supplications and An&s;wers made thereto, with the In&s;tructions of the &s;amen given in by either Parties in manner, and to the effect after-mentioned, be|ing all at length heard, &s;een and con&s;idered by the &s;aids Lords; and they therewith be|ing well and ryply advi&s;ed; The &s;aids Lords of Council and Se&s;&s;ion, have found and de|clared, and hereby finds and declares that the Chirurgeons have the only Right of <HI>Phiboto|mie</HI>
<PB N="18" REF="10"> within the Town of <HI>Edinburgh,</HI> and upon the Burge&s;&s;es thereof, except in the ca&s;es of Nece&s;&s;ity and charity, and that where there is no Inci&s;ion made upon dead Bodyes, and that there is only Wrapping of the Body required, the Apothecaries makers of the Cerecloths may wrap the Bodies, but where Inci&s;ion is made, the Application is proper to Chirurgeons of the Cerecloths to the Body; And finds and declares that the Imploy|ments of Chirurgery and Pharmacy being two di&s;tinct Imployments, and both requiring a great deal of care and knowledge, &s;hall hereafter (within the City of <HI>Edinburgh,</HI> and Liberties thereof) be Exerci&s;ed by di&s;tinct Per&s;ons, and that one and the &s;ame Per&s;on &s;hall not Exerci&s;e, or be Imployed in both Imployments; and that albeit Chirurgeons may buy and &s;ell Samples as any Droge&s;ts or Merchants may do, and Compone &s;uch Drogs as are nece&s;&s;ar for Chirurgical and External Applications, yet that they cannot compone any <HI>Medicament</HI> to be taken internally by the Mouth, exceptand always from this Decla|rator, all the pre&s;ent Chirugeon Apothecaries that are pre&s;ently actual Ma&s;ters in both Imployments, and does actually keep Shops within the &s;aid Town of <HI>Edinburgh,</HI> or Li|berties thereof, as to which Bounds this Declarator extends: And no farder, as al&s;e, have declared, and Ordained the &s;aid Chirurgeon Apothecaries Ma&s;ters, who as &s;aid is, are allowed the Exerci&s;e of both Imployments during their Lifetime, and <HI>James Muirhead, John Lauder</HI> and <HI>Thomas Edgar,</HI> who are declared to be in that Condition, albeit they be not as yet actually entered Ma&s;ters in both Imployments, and to declare their Election betwixt and <HI>Tue&s;day</HI> next; And if they do not betwixt and the &s;aid day, the &s;aids Lords Decerns them to &s;it only at the Chirurgeons Table as the Elde&s;t and fir&s;t erected Trade; and have found, and finds that no Ma&s;ter can hereafter take Prentices to make them Free-Men in <HI>Edinburgh</HI> in any of the &s;aids two Imployments, except that at which they &s;it at the Table; and that all the Prentices already entered are to be Free only in that Imployment and Trade, at which their Ma&s;ters &s;its at the Table; <HI>Becau&s;e</HI> that after the &s;aid Libel fir&s;t intented before the &s;aids Magi&s;trats of <HI>Edinburgh,</HI> being Advocat of con|&s;ent as &s;aid is. There was an Supplication given in to the &s;aids Lords by the &s;aid <HI>Patrick Cunninghame, Shewing</HI> that where the Supplicant was lately Warned by one of the Town Officers to Compear before the Baillies in their Ju&s;tice of Peace Court on the Afternoon, at the In&s;tance of Mr. <HI>James Nisbet,</HI> pre&s;ent Deacon of the Chirurgeons of the &s;aid Burgh, to be unlawed and Fined for alledged operating in Chirugery, and in which Procedure he was Informed, the Baillies would upon his Appearance Summarly prove his Delict by his Oath, and immediately Charge him to the Tolbooth, without &s;o much as allowing him an formal or written Libel with the benefite to An&s;wer there again&s;t, and &s;o fix a fault of contravention of their alledged Priviledges upon him, by no other way of Probation, but a pre&s;ent judical Oath, which is, and ought to be Sacred to all, and more deliberately dige&s;ted before given, then immediately to be Admini&s;trat to, and pre&s;&s;ed upon one hurried, but from off the Streets <HI>hoc vel maximae atento,</HI> that the Sup|plicant was herein Challenged for no nottar particular, or nominated Crime, but mo&s;t what of Picque to plea&s;e the Humours of the Chirurgeons <HI>in regenerali dubia &amp; invidio&s;a,</HI> their Priviledges and manner of proving the Contraveening, and incroaching thereupon, having never as yet been by the &s;aids Lords of Council and Se&s;&s;ion, the only Judges com|pent thereto, lawfully as is requi&s;ite declared, whereupon (with all ju&s;t re&s;pect to the Magi&s;trars and their Authority; but becau&s;e of the &s;trange and unlawful Methods of the Chirurgeans probation) having in a Bill of Advocation meaned him&s;elf to the &s;aids Lords, the Lord <HI>Forret</HI> then Ordinary, was plea&s;ed to fi&s;t Procedure till the 24th. In|&s;tant, as the fore&s;aid Bill and Signature thereupon, here pre&s;ent to &s;how Te|&s;tifies: And we &s;eing the Point did re&s;olve in that whether or not, the <HI>Petitioner</HI> was obliged &s;ummarly by his judicial Oath to fix delict, and we to Fine and unlaw upon the Peti|tioner at the humour of, and when ever called by the <HI>Chirurgeons;</HI> whereunto it was humbly conceived, that the Petitioner could not be obliged by Law but that if they in|&s;i&s;t again&s;t the Petitioner for operating in Chirurgery, the burden of the probation lyes upon them, and without a particular Statute and Law for that effect, it was humbly con|ceived no Subject can by the act of any inferiour Court or Incorporation, be obliged to give his Oath upon a delict, either for affixing any <HI>Stigma</HI> upon the Petitioners reputati|on, or damnifying the Petitioner in a pecunial Fine, and as the Petitioner has neither &s;een by what ground law or warrand, the <HI>Chirurgeons</HI> come to be authorized thus &s;um|marly to exact Oaths, &s;o might the &s;aids Lords but con&s;ider the danger of the Subjects, and what a door of temptation &s;uch methods and practices may open to perjurie, e&s;pecially when Chirurgical operations and operating in Chirurgerie, are &s;o ambiguous terms, that
<PB N="19" REF="10"> the <HI>ultimum</HI> and <HI>minimum</HI> terms of them hath never yet been defyned; and it is hard for the Petitioner who &s;erved his Apprenti&s;hip to <HI>James Borthwick,</HI> and with him learned and &s;aw &s;omething of Chirurgery, when he is with a Patient, be he never &s;o near a Friend, or poor or indigent per&s;on who may be in a dangerous condition, and of an earne&s;t mind to breath a Vein or &s;uch like, e&s;pecially performing the &s;amen <HI>gratis,</HI> to know how to give an &s;ummar Oath upon Chirurgical operations, for in its latitude it reaches to the lea&s;t plai&s;ter for a cutted finger or &s;cratch of a Pin, and although the <HI>Chirurgeons</HI> &s;hould have foi&s;ted in the taking of an Oath, in &s;ome acts of the Town Court, yet the &s;amen cannot in Law be done, either by acts of their own calling, or Acts of the Town, to introduce upon his Maje&s;ties Leidges, &s;uch a &s;trange and unu&s;ual and dangerous manner of probati|on, and although &s;ome &s;uch latent Acts might be ratified in the ratification of the <HI>Chirur|geons</HI> Right and Priviledge, yet Ratifications <HI>nihil novi juris addunt,</HI> and are &s;till given <HI>&s;alvo jure cuju&s;libet;</HI> and this ca&s;e being of &s;o univer&s;al concernment to his Maje&s;ties Sub|jects to prove delicts, and &s;o from them exact Fines upon Oaths fir&s;t, but impo&s;ed by and moulded in inferiour Courts Judges and Incorporations, for their own advantage there|in concerned, as the &s;aid Supplication more fully bears, which being read in pre&s;ence of the &s;aids Lords, and they having heard &s;een and con&s;idered the &s;amen, remitted the con|&s;ideration thereof to the Lord <HI>Forret</HI> one of their own number, before whom the Bill of Advocation of the foreread Lybel was pre&s;ented, and to call the Deacon of the <HI>Chirurge|ons</HI> before him to have an&s;wered thereto, and to have done therein according to Ju&s;tice, and in ca&s;e of difficulty to have reported: and thereafter in obedience to the fore&s;aid ordi|nance, both the &s;aids Parties having compeared before the &s;aid Lord <HI>Forret,</HI> by their re|&s;pective Procurators above named, the &s;aids Procurators for the Deacon for him&s;elf, and in name and behalf of the remnant Brethren of his Trade, for in&s;tructing the Rights and Priviledges of the &s;aid Incorporation produced in pre&s;ence of the &s;aids Lords, the parti|cular Writs above written conform to the Inventar thereof, particularly above narrated, with the fore&s;aid Conde&s;cendence upon the &s;everal Acts of contraventions done by the &s;aid <HI>Patrick Cunninghame,</HI> and thereafter repeated the fore&s;aid Lybel, and craved Decreet conform to the &s;aid Conde&s;cendence, To which it was An&s;wered and alledged for the &s;aid <HI>Patrick Cunninghame,</HI> and remnant Apothecaries of the &s;aid Burgh, by their Procura|tors above named, that they were not oblidged to debate until the Act of Advocation were given out with the Proces, and the &s;amen &s;een and returned, and come in by cour&s;e of the Rol<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. Whereunto it was replyed for the &s;aids <HI>Chyrurgeons,</HI> that notwith&s;tanding of the &s;aid alledgeance, the Defenders mu&s;t either debate, or then the Pur&s;uers mu&s;t have Decreet, becau&s;e the cau&s;e being advocat of con&s;ent of the Pur&s;uers, and <HI>e&s;to</HI> there were an Act of Advocation put up and Extracted, yet the only ground whereupon the Pur|&s;uers did Advocat was, that it was agreed to, that the cau&s;e &s;hould be in&s;tantly di&s;cu&s;ed, and the Lord Ordinary thereupon did cau&s;e the Pur&s;uers to produce the Writs, where|upon they found their Priviledges, and two &s;everal dyets appointed by the Or|dinary to debate, and the above written Bill was opponed given in by the Defender him&s;elf, wherein he craved the point might be in&s;tantly di&s;cu&s;t, and the Lords thereupon remitted the &s;ame to the &s;aid Lord <HI>Forret</HI> to have heard both Parties, and di&s;cu&s;&s;ed the &s;ame, or Reported. To which it was Duplyed for the &s;aid <HI>Patrick Cunning|hame</HI> by his &s;aids Procurators to the fore&s;aid Reply, They opponed the con&s;tant Practique in the like Ca&s;es, and the Bill and Deliverance thereof did only relate to the Rea&s;ons of Ad|vocation; which Di&s;pute above-written, being heard and con&s;idered by the &s;aid Lord <HI>For|ret,</HI> he made <HI>Avi&s;andum</HI> thereupon to the haill Lords. And upon Report thereof made by him to them, wherewith the &s;aids Lords being well and ripely advi&s;ed, they ordained the Cau&s;e to be &s;ummarly di&s;cu&s;&s;ed (without attending the order of the Roll, in re&s;pect the &s;aid Defender <HI>Patrick Cunninghame</HI> did de&s;ire the &s;ame in his Bill,) and before the &s;aid Lord Reporter, and thereafter conform to the fore&s;aid Interloquitor, the Cau&s;e being again called in pre&s;ence of the &s;aid Lord <HI>Forret,</HI> and both the &s;aids Parties compearing by their re&s;pective Procurators above-named, the Pur&s;uers Procurators repeated the particular Conde&s;cendance above-written given in by them by way of Libel, and craved Decreet again&s;t the &s;aid De|fender, in re&s;pect he refu&s;ed to depone. To which the Defenders Procurators an&s;wered and alledged, That there could be no Proces &s;ummarly &s;u&s;tained upon any &s;uch Conde&s;cendance, there being no previous Citation or Libel, and the Pur&s;uers Seal of Cau&s;e and other Rights produced cannot &s;tate them in any better condition then the re&s;t of the Incorporation in <HI>E|dinburgh,</HI> who are not in u&s;e, nor cannot &s;ummarly attack any per&s;on, but red-hand, or <HI>fla|granti crimine;</HI> and the Town of <HI>Edinburgh</HI> cannot indulge the Chyrurgeons with any Pri|ledges,
<PB N="20" REF="11"> contrary to Fundamental Laws, which the Pur&s;uers pretend to by the &s;ummar pro|cedure, in calling free Burge&s;&s;es, and conveening them to depone <HI>&s;uper inquirendis.</HI> Where|unto it was Replyed for the &s;aids Pur&s;uers, that the fore&s;aid Alledgance ought to be repel|led, in re&s;pect of the Pur&s;uers Rights &s;tating them in their Rights, with their Priviledges, which cannot be taken away &s;ummarly: and the Pur&s;uers by vertue of the &s;aids Rights, have been in the con&s;tant u&s;e of exerci&s;ing their &s;aids Priviledges again&s;t all Unfreemen, and the circum&s;tances of their Calling, was the ground whereupon the &s;aids Priviledges were gran|ted, it being impo&s;&s;ible to attack Unfreemen in their Calling, as in other Incorporations. And which la&s;t Di&s;pute above-written, being al&s;o heard and con&s;idered by the &s;aid Lord Reporter, he made <HI>Avi&s;andum</HI> thereupon to the &s;aids Lords; and they upon Report thereof, made by him to them. Declared they would hear the Cau&s;e debate in their own pre&s;ence, and to that effect ordained the &s;ame to be inrolled in the Roll of Cau&s;es to be di&s;|cu&s;t; and accordingly the &s;aid Action being inrolled, (and having come in by the cour&s;e the Roll of Cau&s;es to be di&s;cu&s;t,) was called <HI>in pre&s;entia;</HI> at which time both the &s;aids Par|ties having likewi&s;e compeared by their re&s;pective Procurators above-named, the Procura|tors for the Chyrurgeon-Apothecaries repeated the fore&s;aid Summonds of Declarator rai&s;ed at their in&s;tance, and for in&s;tructing thereof, repeated the production formerly made by them of the particular Writs above-mentioned, which are of the &s;everal dates, tenors and con|tents <HI>re&s;pectiv&egrave;</HI> libelled upon in the fore&s;aid Summonds; As al&s;o, they repeated the fore&s;aid Action before the Baillies of <HI>Edinburgh,</HI> again&s;t the &s;aid <HI>Patrick Cunninghame,</HI> for the parti|cular Contraventions conde&s;cended on, and craved he might be holden as confe&s;t, in re&s;pect he refu&s;ed to depone. Which Action being Advocat. They then in&s;i&s;ted in the &s;ame, as likewi&s;e in the fore&s;aid Action of Declarator of the Chyrurgeons their privilidges, upon the &s;everal priviledges contained in the Seal of Cau&s;e, and other Rights granted to them by the Town of <HI>Edinburgh,</HI> who by their Erection have power from the King to grant the &s;ame, and which Seal of Cau&s;e is ratified by King <HI>James</HI> the 4th, under the privy Seal, upon the 13 day of <HI>October</HI> 1506, and by King <HI>James</HI> the 6th likewi&s;e under the privy Seal upon the 6th of <HI>June</HI> 1613 years, and the Act of Town-Council dated the 10th of <HI>February</HI> 1641 years, and ratified in Parliament the 17th of <HI>November</HI> the &s;ame year, and &s;everal other Acts of the Town-Council in their favours, for the better exerci&s;ing their Calling, which are all ratified in parliament upon the 22 day of <HI>August</HI> 1670 years, and whereof they have been in the controverted po&s;&s;e&s;&s;ion, as is in&s;tructed by &s;everal Sentences before the Town-Court of <HI>E|dinburgh</HI> again&s;t the Contraveeners, wherein they craved it might be declared, that the &s;aids Chyrurgeons have the &s;ole priviledge of the exerci&s;ing of Chyrurgery, and that all others Unfreemen might be declared, and that they might call the Contraveeners before the Magi|&s;trats, and u&s;e all legal probation again&s;t them, and that &s;ummarly, conform to their Rights and Cu&s;toms of Burgh, and the above-named Procurators for the &s;aids Apothecaries likewi&s;e Repeated the fore&s;aid Summonds of Reduction and Declarator rai&s;ed at their in&s;tances, by way of Defence: In which they in&s;i&s;ted, <HI>Primo,</HI> Upon that Conclu&s;ion of the fore&s;aid Sum|monds, that they cannot be obliged to depone for thir Rea&s;ons, 1. That it might involve the per&s;ons alledged Contraveeners in Perjury, &s;eing it cannot be imagined that they can re|member every individual Act. 2. It would oblige them to di&s;cover the Di&s;ea&s;es &amp; Conditions of their Patients, which were ab&s;urd &amp; contrary to that Secrecy which their Calling obliges them to. <HI>Tertio,</HI> all the other Trades within the Town, and in all other places, that have as great Priviledges as the Chrurgeons can pretend to, are not allowed to call them Freemen upon Oath, as to their Encroachments upon their &s;everal Trades, but all that is allowed them, is to Sea&s;e the Work, and if they can deprehend them in the Act, to puni&s;h them. <HI>Secundo,</HI> they In&s;i&s;ted in the &s;econd Ground of Declarator, <HI>viz.</HI> That the Chyrurgeons might hold them by their own Trade, and might not exerci&s;e the Art of both Chyrurgery and Phar|macy for thir Rea&s;ons. <HI>Primo</HI> in no well governed City, one and the &s;ame Per&s;on is al|lowed to Exerce di&s;tinct Trades. <HI>Secundo,</HI> if the &s;ame were allowed here, the Chyrurge|ons being both Chyrurgeons and Apothecaries, would render the Apothecaries Employment as <HI>de facto.</HI> They do altogether in&s;ignificant, &s;eing they as Burge&s;&s;es can be Apothecaries when they plea&s;e, and the Apothecaries cannot be Chyrurgeons, without they &s;erve an Apprenti&s;hip, or Marry a Chyrurgeons Daughter, albeit they were never &s;o well qualifi|ed, and the Art of Pharmacy being the nobler Art, as being conver&s;ant about the In|&s;ide of the Man, ought to have rather greater, as le&s;s Encouragements as Chyrurgeons. <HI>Tertio,</HI> they In&s;i&s;ted on the third Ground of their Declarator, <HI>viz.</HI> That the Liberty of making and applying of Searcloths to dead Bodies, &s;hould be declared proper to them, in re&s;pect that the Searcloth is a Drug, and is not made u&s;e of for any Chyrurgical Opera|tion,
<PB N="21" REF="11"> being applyed only to dead Bodies. And In&s;i&s;ted likewi&s;e upon the fourth Ground of Declarator, <HI>viz.</HI> That it &s;hould be Declared, that the Apothecaries has the only Privi|ledge of Admini&s;trating of Phy&s;ick inwardly; and that Phlebotomy common to them, is the Chyrurgeons, in re&s;pect that Phlebotomy is often requi&s;it in Inward Di&s;tempers, with which the Chyrurgeons does not meddle, and &s;ometimes mu&s;t be &s;o &s;peedily Admini&s;trat, as cannot admit of &s;o much time as to &s;end for a Chyrurgeon, without eminent Danger of the Patients Life, as in <HI>Plura&s;ies</HI> and other violent Di&s;ea&s;es. To which it was Replyed for the Chyrurgeons, That notwith&s;tanding of the Defence, <HI>Patrick Cuninghame</HI> mu&s;t De|pone, or be holden as confe&s;t, nor cannot be Declared, that the Contraveeners of the Chy|rurgeons Priviledges, &s;hall not be obliged to Depone, in re&s;pect that by the Pur&s;uers their Seal of Cau&s;es, it is expre&s;ly provided that they may u&s;e all legal Probation again&s;t the Contraveeners, and that the Oath of Party is a legal Probation, cannot be contraverted. <HI>Secundo,</HI> They have been in con&s;tant Po&s;&s;e&s;&s;ion of this manner of Probation, the Deeds of Contravention being always within clo&s;s Doors, and often under &s;ilence of night per|fected in a &s;udden, and leaves not Work behind it that may be apprehended as other Ma|nual Trades does. And it is of no Weight, to pretend that it would be the Occa&s;ion of di&s;covering Patients Di&s;ea&s;es, for any that has a mind to conceal their Di&s;ea&s;es may em|ploy a Freeman, and &s;o not incur the hazard. But to take off all Caval, the Pur&s;uers do Declare, that they are content it be Declared, that Unfreemen &s;hould not be obliged to Depone upon Contraventions in general, but where the Acts are particularly lybelled, as is particularly <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">one in <HI>Patrick Cuninghames</HI> ca&s;e here, which is a Confe&s;&s;ion more as in Law can be required, &s;eing Oaths in general, are frequently taken in things of le&s;s concern, as Mul<GAP DESC="illegible" RESP="MURP" EXTENT="3 letters">-O<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ths, cutting of Wood, killing of Fi&s;h, <HI>&amp;c.</HI> As to the &s;econd Ground of the Declarator, <HI>viz.</HI> Chyrurgeons &s;hould not be Apothecars. <HI>It is an&s;wered.</HI> That the &s;ame is ab&s;urd, for thir Rea&s;ons. <HI>Primo,</HI> For Erecting of the Fraternity produced, (for they are no Trade, and have no Seal of Cau&s;e as other Trades have) any Burge&s;s of <HI>Edinburgh</HI> if he were a Black Smith, if free to be an Apothecary, if he be able to undergo a Tryal, and it were &s;trange to allow it to all Burge&s;&s;es, to deny it to the Chyrurgeons, who of all Bur|ge&s;&s;es are pre&s;umed to under&s;tand it be&s;t. <HI>Secundo,</HI> By the Erection of that Fraternity, it appears that the Chyrurgeon-Apothecaries were the great Procurers, And that they taking to their Con&s;ideration, that the Leiges were abu&s;ed by unskilful Per&s;ons, taking upon them to &s;ell and prepare Drugs, did procure the &s;aid Erection of a Fraternity, excluding unskillful per&s;ons that could not bide a Tryal. <HI>Tertio,</HI> By the &s;aid Erection of the Frater|nity, it appears that the Apothecars were &s;o far from being con&s;idered as a Trade, that they have not power of their own Tryal, but the Entrants mu&s;t apply to the Town Council, and they appoint the Tryers; and they pay no Money for their Freedom, nor do they enter their Prentices among&s;t the Trades but in the Gildrie as other Merchants do; and though they were a Trade as th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y are not, it is ab&s;urd to pretend, that if a man &s;erve a Prentice, or other|ways acquire his Freedom in two Trades, he may not &s;erve in both or either as he plea&s;eth, as Merchants, Taylors, and &s;everal other In&s;tances. As to the third Ground of Declarator, <HI>viz.</HI> That the making and applying Cere-Cloths &s;hould be declared proper to Apothecaries, <HI>It is an&s;wered, Primo,</HI> The Pur&s;uers oppones the Seal of Cau&s;es and o|ther Rights Lybelled, whereby all the external Applications of Mens Bodies is declared properly to them. And the pretence that a Cere-Cloth is a Drugg of no Weight for the &s;ame may be pretended of all Plai&s;ters, which uncontravertedly belongs to the Chy|rurgeons. <HI>Secundo</HI> It is already determined by the Town-Council, who by King and Parliament are declared Judges in all the&s;e controver&s;ies, who have allowed the making to Apothecaries, and the application to Chyrurgeons. And have provided, that if the Chyrurgeon refu&s;e to apply the Cere-Cloths the Apothecaries makes, then the Apotheca|ries are free to apply them&s;elves, which is more as the Apothecaries could in Law acclaim the Application being properly Chyrurgical, even where the Body is not evi&s;cerat, where Chyrurgical In&s;truments is nece&s;&s;ar for &s;topping the Opens of the Body, and making In|ci&s;ions, in particular ca&s;es where a Chyrurgeons skill is nece&s;&s;ary, and Embalming is al|ways u&s;ed in all Bodies, and Ligators, which are not only proper, but is one of the &s;ingu|lare&s;t Arts of Chyrurgery. And it is of no Weight that it is a burden to the Leidges, &s;e|ing it is very well known, and is provided by the Act of the Town-Court, That the Chy+rurgeons are to be imployed by the Apothecaries, and gets their acknowledgement from them, which they cannot refu&s;e. <HI>Likeas,</HI> as there are many that being both Apothecaries and Chyrurgeons, where the Leidges de&s;ires only to have one imployed, To the Fourth Ground of Declarator, <HI>viz,</HI> That it &s;hould be declared that the Apothecaries have the on|ly
<PB N="22" REF="12"> Application of Medicine inwardly. <HI>As Likeways</HI> have the u&s;e of Phlebotomie, com|mon with Chyrurgeons. To which it is an&s;wered, That by the Erection and by all the Rights Lybelled, the Chyrurgeons have the &s;ole power of Applications, Operations, and Medicaments, requi&s;ite for compleating the Cure of tho&s;e Di&s;tempers, which are particu|larly narated in the Act One thou&s;and &s;ix hundred and fourty three. And it were ab&s;urd to &s;ay that they could have the &s;ole Cureing of a Di&s;temper, and not the power of applying what is nece&s;&s;ar for it, either outwardly or inwardly. And all that they pretend to, is the ap|plication of Medicaments for Cureing of the Di&s;tempers contained in their Rights, which are known by proper di&s;tinct Names to be &s;uch as falls under the Chyrurgeons skill, in all pla|ces of the World, And it was never before alledged that Phlebotomie was not properly a Chyrurgical-Operation. And it is but a Frivolous pretence, that in &s;ome ca&s;es as in Plu|racies it can admit of no delay; For it is well known, that within <HI>Edinburgh</HI> it is more ea&s;ie to find a Chyrurgeon as an Apothecary, nor did ever the Chyrurgeons trouble any un-Free-Man in drawing of Blood in ca&s;es of nece&s;&s;ity, nor u&s;ing of the fir&s;t Pan&s;ing upon bro|ken Legs or Arms, which is always permitted to be done by them that are neare&s;t: and then Chyrurgeons is to be called at the &s;econd Application: Whereunto it was Duplyed for the Apothecaries by their Procurators, That albeit by the Seal of Cau&s;es the Chyrurgeons has &s;everal priviledges; As power to make Free-Men by Prentice&s;hips, to keep a Box, &amp; yet the particular <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">riviledges now in&s;i&s;ted on are not there expre&s;&s;ed, and &s;o are to be de|term<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ned by the Lords. To the which Duply above-written, The &s;aids Procurators for the Chyrurgeons opponed their former Reply, and their Rights whereupon they Found, which does &s;ufficiently determine all the points now contraverted, and remitted the &s;ame to the &s;aids Lords their Con&s;ideration, Which haill Di&s;pute above-written being heard and con|&s;idered by the &s;aids Lords, they before advi&s;eing thereof, Recommended to the Lords Re+gi&s;ter <HI>Newtoun</HI> and <HI>Ca&s;tlehill,</HI> to call for Dr. <HI>Steven&s;on</HI> Elder, Dr, <HI>Hay,</HI> and Dr. <HI>Balfour,</HI> and to hear their Opinions as to the points contraverted betwixt the Chyrurgeons and the A|pothecaries with their fir&s;t convenience, and thereafter to report. <HI>Thereafter</HI> there was a Supplication given in to the &s;aids Lords by the &s;aid Dr. <HI>James Nisbit</HI> Deacon oi the Chy|rurgeons of <HI>Ed nburgh</HI> for him&s;elf, and in Name of the remanent Ma&s;ters and Brethren of the &s;aid Incorporation, <HI>Shewing</HI> That where in the mutual Declarator rai&s;ed by the Chy|rurgeons, and Chyrurgeon Apothecaries again&s;t the &s;ingle Apothecaries, and by them again&s;t the Petitioners. The Petitioners having Founded upon their Seal of Cau&s;e, and parti+cular Acts and Priviledges granted to them by the Town Council of <HI>Edinburgh</HI> in confor|mity to their Seal of Cau&s;e <HI>Anno</HI> one thou&s;and &s;ix hundred and fourty three, and one thou&s;and &s;ix hundred and fifty five, long before the Settlement of the Fraternity of the A|pothecaries, Having undoubted Right and Priviledge to exerci&s;e all manual Operations and Applications upon the Living and Dead Bodies of Men, Women and Children, and that exclu&s;ive of all per&s;ons within the Burgh, who are not Free-Men of their Art: And containing al&s;o &s;everal Specialities, whereunto the mo&s;t emi|nent Apothecaries at the time were con&s;enting, and to which all of them &s;ince have Acquie&s;ced and Confirmed, except a few Claudi&s;tine Contraventions, of which when no|tice was had, the contraveeners were Fined, and being informed that the Petitioner upon con&s;ideration of the Debate; Have thought fit to recomend to &s;ome of the &s;aids Lords, their number to call three Phy&s;icians and hear their Opinion anent the proper Bounds, and limites of the&s;e two Arts. As to which the Petitioners humbly repre&s;ent, to the &s;aids Lords. 1. That if the Chyrurgeons, and Apothecaries had been erected in ancient and di&s;tinct Crafts or Arts, within Burgh in general Terms, <HI>viz.</HI> That &s;uch an Society and Companie, &s;hould be Chyrurgeons, and &s;uch an Society and Company Appothecaries, and that a que&s;tion had then ari&s;en betwixt them in any Point or Points, which each of them had contended to be ane Proper Point of their Arts, or to be common to both; That in &s;uch a ca&s;e of general Gifts and conce&s;&s;ions, their might be &s;ome ground of Calling Phy&s;icians to give Opinion in what might be proper to either calling or common to both, but here it is uncontravected, that the Chyrurgeons have mo&s;t anciently formed and erected Corpora|tion and Craft, injoying Priviledges and Freedoms, which no Burges nor Gild Brother in <HI>Edinburgh</HI> can partake of, unle&s;s he Serve an Apprenti&s;hip in the &s;aid Art, or be the Son, or Marie the Daughter of ane Free-man, and on the other &s;ide, that the Apothecaries were never ane di&s;tinct calling or Art, but allenerly Burge&s;es and Gild Brother, and had never any Priviledge beyond ane Burges and Gild brother, &s;o that any Gild Brother might have Set up for an Apothecarie when he plea&s;ed, until the year 1657 that a tryal was thought fit and nece&s;&s;ar, in order to which they were Erected in a Brother-hood,
<PB N="23" REF="12"> jointly with the Chyrurgeon Apothecaries. And whereof, notwith&s;tanding of their Erection any Gild Brother, who can bide a tryal may be a Member at plea&s;ure, and that the Chyrur|geons have and injoy their calling and Craft, not only in general, as a Craft, but al&s;o in a clear De&s;ignation of the Subject of their Calling, <HI>viz.</HI> All Operations and Applications about the bodies, <HI>&amp;c.</HI> And more particularly in the Cureing of the &s;pecialitys expre&s;t in their Gifts, and grants, and that <HI>Exclu&s;ive</HI> of all others, in that they could humbly con|ceave their is no nece&s;&s;ity to call for the Opinion of Phi&s;icians anent the Bounds or Limits of their Callings, &s;eing their Gifts, and Grants, does al&s;e &s;peciallie, di&s;tinctly, and clearly de&s;ign the &s;ame as Mens Wits, or words can expre&s;s; And therefore &s;ince he que&s;tions not whither ane Apothecary may not have al&s;e good Skill, to apply an Serecloth, or draw Blood as a Chyrurgion has, neither was the que&s;tion whether ane Apothecary, <HI>qua</HI> Apothe|carie may apply Plai&s;ters, as well as make them, or cure Tumors Verrols, and &s;uch like, but that the only que&s;tion is whether manual Operations and Applications upon the Bodys, <HI>&amp;c.</HI> And particularly Phlebotomie Application of Serecloths Cureing of the &s;pe|cialitys mentioned in their Gifts, is not only proper and due to them, to exerci&s;e by their &s;pecial Gifts, and grants Exclu&s;ive of the Apothecaries and all others, the interpretation of their Rights, and grants needs not the Opinion of ane Phy&s;ician, when the Terms and ex|pre&s;&s;ions are clear, for though all the Phy&s;icians of <HI>Scotland,</HI> &s;hould affirm that an Apothe|carie, <HI>qua talis</HI> may aply an Searcloth, draw Blood, Cure the Verrols &s;wellings or|wher<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, yet certainly the &s;aids Lords in point of Right, mu&s;t find that the Apothecaries of <HI>Edinburgh</HI> cannot do the &s;ame, becau&s;e the Town of <HI>Edinburgh,</HI> who by their Erection from his Maje&s;tie, are intru&s;ted to give particular Seals of Cau&s;e, Rights and Priviledges to Crafts and Callings Exclu&s;ive of all others, having given the&s;e Priviledges to Chyrurgeons in clear and expre&s;s Terms, and they having injoyed the &s;ame now, the&s;e two hundred years Exclu&s;ive of all others, the &s;ame eannot be taken from them, without Violation of their Rights, even altho the Priviledge of its own nature, were Con&s;onant to the nature of Pharmcie, or of a mixt Nature equallie applicable to Pharmacie or Chyrurgerie, and far le&s;s can the&s;e Priviledges be drawen in que&s;tion by a Fraternity Erected, within the&s;e twenty four years, who have not the Priviledge to exclude any Burges that can bide a try|al, and then the Chyrurgeons Priviledges, are &s;pecially declared be the Town, before their erection and con&s;ented to be the Apothecaries, and bruiked and injoyed both before and &s;ince the erection, be the Chyrurgeons Exclu&s;ive of all others until this time. 2. The Pe|tioners humbly Repre&s;ents to the &s;aids Lords, that it is noture and known, that the Apo|thecaries have a greater dependance upon Phy&s;icians than Chyrurgeons have, for Chyrur|geons do and m<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y by the Priviledge of their Art and Calling, operate without any depen|dance upon Phy&s;ician, and needs not, nor are they bound and tyed, to call for any Phy|&s;ician, but if they plea&s;e whereas an Apothecarie <HI>qua talis,</HI> neither ought nor can Admini&s;ter Phy&s;ick without the advice of an Phy&s;ician, and the di&s;pen&s;atorie Art in the practi&s;e, there|of, ab&s;olutly depends upon the Phy&s;icians Recept, &s;o that with all deference and re&s;pect to the Phy&s;ic ans, the Chyrurgeons have ju&s;t rea&s;on to &s;u&s;pect, that they will be more favourable in their opinion to the Apothecaries, and ready and willing to inlarge their priviledges, who have &s;o ab&s;olute an dependance upon them; And it is notour and known, that the Phy&s;icians have frequently endeavoured to Erect them&s;elves in a Colledge, and to extend their own priviledges, to the Impairing of both, and therein they have been &s;till oppo&s;ed by the Chyrurgeons and Chyrurgeon Appothecaries, and thereupon may be pre&s;umed to bear the Supplicants no good will, craving that the &s;aids Lords would be plea|&s;ed to con&s;ider the grounds of the Supplicants Declarator <HI>in jure</HI> as the &s;amen is founded upon their Seall or Cau&s;e, Gifts, Grants and Acts, and their immemorial Po&s;&s;e&s;&s;ion, which the Supplicants humbly conceaves, are very clear and expre&s;s, and which ought not to be altered upon the opinions of Phy&s;icians, but mu&s;t be judged according to the Law of the Kingdom, and the nature and conception of their Gift, as the &s;aid Supplication more ful|ly bears, which being Read in pre&s;ence of the &s;aids Lords, and they having heard and &s;een and con&s;idered the &s;amen refu&s;ed to give their An&s;wer <HI>in jure</HI> until the &s;aids Lords &s;hould Report; But they recomended to the fore-mentioned Lords, in their &s;aids la&s;t Interloqui|tor, to call the three Phy&s;icians therein named with Doctor <HI>Burnet</HI> upon Monday next thereafter, and to have heard their opinion on the contraverted poynts; And to to have made report thereof on twe&s;day following, in obedience to the which ordinance and In|terloquitor above-written; The &s;aids Lords nominated as &s;aid is, having called and taken the opinion of the &s;aids Phy&s;icians, anent the contraverted Poynts, contained in the two &s;everal Declarators Above-mentioned; And thereafter upon Report made by them to the
<PB N="24" REF="13"> &s;aids haill Lords <HI>in pre&s;entia</HI> wherewith, &amp; with the haill Di&s;pute Above-written, they being well &amp; reiply advi&s;ed; The &s;aids Lords of Council &amp; Se&s;&s;ion, found that the Chyrurgeons has only Right of Phlebotomie within the Town of <HI>Edinburgh,</HI> and upon the Burge&s;&s;es there|of, except in the cai&s;es or nece&s;&s;ity and charity: But Declared, that they would hear both Parties, if the &s;aid priviledge &s;hould extend to &s;trangers living within the Town, or to Burge&s;&s;es living in the Suburbs, but found that where there was no inci&s;ion made upon dead Bodies, and that there is only wrapping of the Body required, the Apothecaries, makers of the Cere-cloath may wrap the Bodies, but where inci&s;ion is made, the Applica|tion is proper to Chyrurgeons of the Cere-cloaths to the Body, and as to the other two poynts, <HI>viz.</HI> The probation of the contraventions by Oath, and the &s;eperating of the Trades and Incorporations of Chyrurgerie and Pharmacy, the &s;aids Lords declared they would thereafter hear both parties thereupon, and thereafter, there was an other Supplication given in to the &s;aids Lords, in behalf of the &s;aid Chyrurgeons, Shewing, that although the Pe|titioners doe not contravert, but that if the matters concerning the Cere-cloaths, had not been decyded by the Town of <HI>Edinburgh,</HI> there might have been place for con&s;ulting with Phy&s;icians, as to Cere cloaths; and to whom the Application thereof &s;hould belong, &s;o that the Petitioners conceives the &s;aid Lords their Interloquitor as founded upon the nature of the Thing, and the Opinion of the Phy&s;icians was no way controverted, but it was hum|bly repre&s;ented to the &s;aids Lords, that this Debate was founded upon the Priviledges grant|ed by the Town of <HI>Edinburgh,</HI> as having Right from his Maje&s;ty to grant the &s;ame, is yet intire, and that becau&s;e neither did the Lords read and con&s;ider at the advi&s;ing of the Cau&s;e, the Right founded upon by the Town of <HI>Edinburgh,</HI> nor was the &s;aid Interloquitor at all con&s;i&s;tant with the&s;e Rights, for it could not be denyed, that his Maje&s;ty or the Town as having Right from him might have allowed no Apothecaries, but have granted all their Priviledges to the Chyrurgeons, and therefore <HI>a fortiori</HI> they might have re&s;tricted the Ap|pothecaries at their erection to any particulars they plea&s;ed, and which is more, they ought to have re&s;tricted them, and they could not have taken from the Chyrurgeons the <HI>jus que|&s;itum</HI> by their Seal of Cau&s;e and other Rights. 2. That Point, <HI>viz.</HI> whether the&s;e Priviled|ges of the Chyrurgeons &s;hould hold only <HI>inter concives,</HI> was never debated and if it had, the &s;aids Petitioners could by mo&s;t unan&s;werable Arguments evinced, that the&s;e Priviled|ges &s;hould extend to all the Priviledges of the City, as the Liberties of Baxters, Tailors, &amp; all the other Trades does, &amp; even the Juri&s;diction of the Magi&s;trats is extended to all within their liber|ty and not re&s;tricted <HI>ad concives,</HI> &amp; the &s;aids Lords Juri&s;diction is extended to all who are in <HI>Scot|land</HI> &amp; not re&s;tricted to <HI>Scots</HI> men, or where were ever the Petitioners heard to debate why the Opinion of Phy&s;icians &s;hould not be taken in that ca&s;e, &s;o that that Point &s;hould be yet al|lowed to be debated, the &s;aids Lords never refu&s;ing to hear parties even after Interloquitor upon points that were not debated, and this was als great an Infringment upon their Li|berties as that which was pleaded by the Apothecaries, and in which the &s;aids Petitioners are als much concerned, Craving therefor that the &s;aids Lords would be plea&s;ed to &s;top the extracting of the &s;aid Interloquitor till the Petitioners be heard upon the&s;e weighty points in which they and all the Trades in <HI>Edinburgh,</HI> yea and the Town of <HI>Edinburgh</HI> it &s;elf, and all the Burghs of <HI>Scotland</HI> are &s;o much concerned, according to Ju&s;tice as the &s;aid Supplica|tion al&s;o more fully bears; Which being likewi&s;e read in pre&s;ence of the &s;aids Lords, and they having heard, &s;een and con&s;idered the &s;ame, notwith&s;tanding of what was therein repre|&s;ented, Adhered to their &s;aid former Interloquitor, and refu&s;ed to &s;top the extracting there|of, and thereafter the &s;aid Action of Declarator pur&s;ued by the &s;aid Apothecaries again&s;t the Chirurgeons being again called <HI>in pre&s;entia,</HI> and both Parties compearing by their re&s;pective Procurators above named. the Procurators for the &s;aid Apothecaries repeated their Sum|monds, as to the point that the Callings, <HI>viz.</HI> Pharmacy and Chirurgery &s;hould be &s;eparat they being two di&s;tinct Trades and Imployments of their own Natures, and that attending and following of either being &s;ufficient to take up any man, and the confounding of both the&s;e Trades being a late abu&s;e crept in &s;ince the year 1649 years, and was allowed by the Magi&s;trats to conciliat favour with the Deacon of that Trade to favour them in the Election of the Magi&s;tracy, and therefore the&s;e two Trades and Imployments ought to be &s;eparat and declared di&s;tinct, and the pre&s;ent Chirurgeons and their Succe&s;&s;ors, who do joyntly exerci&s;e both imployments &s;hould make their Election and be re&s;tricted to one of the&s;e in time come|ing and di&s;charged to take an Apprentice with re&s;pect to both imployments, but only to be Booked as Apprentice in the Trade and imployment of Pharmacy or Chirurgery as their Ma&s;ters have elected and cho&s;en the &s;ame. <HI>Secundo,</HI> There ought to be a Di&s;tinction be|twixt their Trades as well as all other Trades, and the Trade or Chirurgery being erected
<PB N="25" REF="13"> with a Seal of Cau&s;e and di&s;tinct as any Trade in the Kingdom, ought not to be confoun|ded, and that this ground of Declarator would be &s;u&s;tained in other Trades as uncontraver|ted; And therefore it ought to be &s;u&s;tained in this, it being a Confu&s;ion incon&s;i&s;tent with the policy and intere&s;t of the Kingdom. <HI>Tertio,</HI> The Declarator is founded upon King <HI>James</HI> Decreet Arbitral which is the foundation of the Right, whereby all Trades are or|dained to be Erected and di&s;tingui&s;hed from others: To which it was an&s;wered, for the Chirurgeons by their &s;aids Procurators, that the fore&s;aid Declarator could not be &s;u&s;tai|ned as to the point of Separation of the&s;e two Imployments of Apothecary and Chyrurgeons Fir&s;t, Becau&s;e Chyrurgeons by ancient Seals of Cau&s;e are erected a Deaconrie as one of the Trades of <HI>Edinburgh</HI> with Liberty to receive Apprentice and to make them freemen. <HI>Se|cundo,</HI> As Burge&s;&s;es and Gild-Brethren they were in a Capacity to exerci&s;e the Imployment of an Appothecary before the Erection of Apothecaries in a Fraternity, which was by an Act of the Town-Council of <HI>Edinburgh</HI> in <HI>Anno</HI> 1657. and any man in <HI>Edinburgh</HI> that was a Freeman before the &s;aid Act, might have exerci&s;ed Pharmacy without any Tryal, and may untill this Hour upon their byding a Tryal, and being found qualified, and Pharma|cy is not a Trade or erected by a &s;ale of Cau&s;e as other Trades, but an Imployment, which by the Con&s;titution any Freeman that is found qualified may exerci&s;e. <HI>Tertio,</HI> The pre&s;ent Chirurgeon Apothecaries are eminently fitted and capable for exerci&s;eing both Imployments, and whereof they and their Predece&s;&s;ors have been in Po&s;&s;e&s;&s;ion of Exerci&s;eing of both pa&s;t all Memory &amp; thereby has pre&s;cribed a right of both. 4. That if the K. had power to erect this Trade with Priviledgs he has Delegated it to the Town, and if the Town have power, the Chy|rurgeons have it by their Seal of Cau&s;e: and it is mo&s;t con&s;i&s;tent with the Intere&s;t and Con|dition of the Nation, that the Leiges &s;hould not be forced to employ both a Chyrurgeon &amp; Apothecary when one may do both. <HI>Quinto,</HI> It were De&s;tructive of the Town of <HI>Edin|burghs</HI> Power, by their Charters of Erection, to have Right to Erect Deaconries, and to Appoint the Regulat the &s;everal Trades within the Burgh, and to conjoyn and &s;eparat them as they think fit. Likeas, the Chyrurgeon-Apothecaries their Priviledges are Ra|tified by King and Parliament; and His Maje&s;ty in his late Patent granted to the Phy&s;ici|ans, doth acknowledge Chyrurgeon-Aoothecaries, in who&s;e Priviledges are Settled and Re&s;erved by the &s;aid Patent, and Appoints them as joynt Vi&s;ators with the Phy&s;icians of the Drugs, to be &s;old or made u&s;e of, Whereinto it was Replyed for the Apothecaries by their &s;aids Procurators, That the&s;e Pretences &s;ounded upon by the Chyrurgeons, were mo&s;t Frivolous, and the Apothecaries Declarator for the Separation of the&s;e two Em|ployments, was mo&s;t Ju&s;t and Rational: and though the Chyrurgeons did make a Cla|mor and Noi&s;e, as if it were a Matter of State and Government, and did Alarm the Town of <HI>Edinburgh</HI> as if their Charters of Erection and Priviledges were Impugned, &amp; Invaded; yet all &s;uch Stuff and Pretences is nothing but the common Methods of amu&s;ing of Clients, or the willful and ignorant Mi&s;takes of Lawyers, that mu&s;t now reduce all privat Debates to Politicks of Government, which is fooli&s;h and impertinent Non&s;en&s;e. For <HI>primo,</HI> The Declarator concerns none but the privat Right and Intere&s;t of the Apothecaries and Chy|rurgeons. <HI>Secundo,</HI> Albeit the Town of <HI>Edinburgh</HI> by their Charters of Erection from His Maje&s;ty, and His Royal Predece&s;&s;ors, hath power to Erect Trades and Deaconries; &s;o likeways all our Royal Burghs of the Kingdom have the &s;ame. <HI>Tertio,</HI> There hath been nothing more ordinar than Declarators before the Lords of Se&s;&s;ion, of one Trade again&s;t another for their re&s;pective Liberties and Priviledges, which the Lords of Se&s;&s;ion have al|ways Determined according to Law and Ju&s;tice, without the lea&s;t Inva&s;ion of the Char|ters of Erection granted to Royal Burrows; nay, have many times &s;u&s;tained Declarators, decerning the Magi&s;trats to Erect and Incorporat Trades unto Deaconries, and to give them an Intere&s;t in the Government of the Burgh, notwith&s;tanding the Government had been otherwi&s;e exerci&s;ed pa&s;t all Memory, and which the Lords of the Se&s;&s;ion and &s;upream Judges of the Kingdom, may, and ought to do. <HI>Quarto,</HI> That as to the old Rights and Seal of Cau&s;e, the fore&s;aid Declarator did not at all Impinge, for there was nothing therein as to Pharmacy, and as to what the Chyrurgeons have obtained from the Town of <HI>Edin|burgh</HI> of late, it was <HI>ultra vires,</HI> and the Town could not joyn other Trades incon&s;i&s;tent or inconvenient to be joyned, there being not two Trades or Employments within the Town of <HI>Edinburgh,</HI> that are more <HI>contra di&s;tinctione</HI> one from another, than Chyrurgery and Pharmacy: and therefore, according to the Practice, Example and Policy of the Town of <HI>Edinburgh,</HI> and of all other Royal Burghs, as all other Trades which are di&s;tinct in their nature, are &s;eparat and not confounded, and cannot be exerci&s;ed but by one; &s;o there is the &s;ame and greater Rea&s;on for the Separation of Chyrurgery and Pharmacy. And
<PB N="26" REF="14"> as to the King, his making mention of the Chirurgeon Apothecaries in the late Signature, imports nothing, it being a &s;imple De&s;ignation, and there being an Deacon, does not im|port that there can be no di&s;tinct Trades, for there are &s;everal Deacons in <HI>Edinburgh</HI> that have many di&s;tinct Trades under that Deaconrie, as the Wrights have Plai&s;terers, Cow|pers, Bowers, Club-makers, and many others, and the Chirurgeons cannot pretend that they exerci&s;e the Trade of Pharmacy upon any di&s;tinct Right or Priviledges granted to them by their Seal of Cau&s;e, or any Deed of the Town prior to the Erection of the Frater|nity of Apothecaries, but only as Freemen in the Town, and have the &s;ame Right that all Burge&s;&s;es have of being Apothecaries, if found qualified, and as to that which is pretend|ed upon the Chyrurgeon Apothecaries, there having been in Po&s;&s;e&s;&s;ion of exerci&s;ing both the&s;e Imployments pa&s;t memory of Man, and that they have pre&s;cribed a Right of both, and that any Burge&s;s might have exerci&s;ed the Art of Apothecary, and &s;old Droggs before the Erection of the Apothecaries in a Fraternity in <HI>Anno</HI> 1657. The pre|tence is mo&s;t unwarrantable. For <HI>Primo,</HI> It is evident by the Report of the Phy&s;icians, it was but a late Abu&s;e, and no &s;uch thing was known or practi&s;ed but du|ring the late Troubles, and <HI>James Borthwick</HI> was the fir&s;t man that ever attempted or practi|&s;ed the &s;ame. 2. The Imployment and Art of an Apothecary is mo&s;t gro&s;ly taken and confounded with that of a Drogi&s;t, which is but a common Merchant, which any Burge&s;s or Gild brother may practi&s;e, by bringing home and &s;elling Druggs as other Merchandice, whereas the Art of an Apothecary con&s;i&s;ts in the Knowledge and Compo&s;ition of Druggs. 3. Although the Chyrurgeons could pretned to any po&s;&s;e&s;&s;ion of exercing both Imployments, that any &s;uch Po&s;&s;e&s;&s;ion being contrary to, and incon&s;i&s;tent with the publick Laws of the Kingdom, &amp; the publick good &amp; Pollicy of the Nation, &amp; the intere&s;t of his Maje&s;ties Subjects, can never pre&s;cribe any Right, but the Law looks upon each po&s;&s;e&s;&s;ion to be nothing but <HI>coruptella &amp; vetu&s;taserrores,</HI> and can never induce any pre&s;cription, e&s;pecially &s;eing there is not &s;o much as the pretence of any Title or Right produced before the pretended Act in <HI>anno</HI> 1657, erecting the Apothecaries in a Fraternity, and even that Act does no ways au|thorize or allow the &s;ame per&s;on to exerci&s;e both the&s;e Imployments or confound the &s;ame but only declares that none &s;hould exerci&s;e the Imployment nor Art of Apothecary, but &s;uch as &s;hould be thereafter found qualified and tryed by the per&s;ons mentioned in the &s;aid Act, and their &s;ucce&s;&s;ors among&s;t whom there were Chyrurgeon-Apothecaries at that time, but the &s;aid Act does no ways allow, authorize or confound the&s;e two Imployments to be exerci&s;ed by one and the &s;ame per&s;on, or hinder the Apothecaries to crave Redre&s;s again&s;t the &s;ame, which they now do by this ju&s;t Declarator, and which as being a publick Inte|re&s;t, and <HI>actio popularis quivis depopulo competit,</HI> it being again&s;t the Publick Intere&s;t and Policy and Prudence of this and all other Nations, that di&s;tinct Trades and Imployments &s;hould be confounded even though the Act of the Toun Council <HI>anno</HI> 1643. and 1655, &s;u|&s;tain the Apothecaries their Declarator as to the Point of Searcloaths, although they were expre&s;ly excluded from Application of Searcloaths by the &s;aids Acts, &s;o the Lords of Se&s;&s;ion ought to &s;u&s;tain this Declarator as to the Separation of the&s;e Imployments, though there were an expre&s;s Act of the Town Council of <HI>Edinburgh</HI> to the contrair, as there is now be|ing contrair to the publick good and Intere&s;t, and to the Acts and Con&s;titutions of the Burgh as to the ca&s;e of all other Trades, and the Town of <HI>Edinburgh</HI> by their Chartours of Erecti|on, having greater power in relation to other Mechanick Trades than they can or ought to pretend to Pharmacie or Chyrurgerie, which are meer liberal Arts and Imployments, and to be regulat and determined by the Lords of Se&s;&s;ion as the &s;upreme Judges, with the due re&s;pect of the publick good and Intere&s;t of the Subjects, and Pollicy and Prudence of other Nations; To which it was Duplyed for the Chyrurgeons by their &s;aid Procurators, that the Town of <HI>Edinburgh</HI> in the year 1649, with con&s;ent, and at the earne&s;t de&s;ire of the Ap|othecaries, having determined the Chyrurgeons Right as to the Points controverted by any po&s;terior Act 1657, the Town could not by the erection of the Fraternity of Apothecaries, do any Deed in prejudice of the Chyrurgeons, tho the &s;aid Erection did impinge upon their Right, as it does not, and this Declarator rai&s;ed at the Apothecaries in&s;tance, being in effect a Reduction not only of the Chyrurgeons Right, but of the Towns Priviledges, the &s;ame cannot be &s;u&s;tained by way of Declarator, but there mu&s;t be Summonds of Reduction rai&s;ed. 2. By the fore&s;aid Erection of the Fraternity, no Burge&s;ses of <HI>Edinburgh</HI> are exclud|ed from being Pharmacians and Apothecaries, providing they can undergo a Tryal, and &s;ince any Burge&s;s may be, why not the Chyrurgeons who are alwi&s;e willing to be tryed, and cannot be &s;uppo&s;ed but to be be&s;t qualified in re&s;pect of the Contingency of the Imploy|ments. 3. By the &s;aid Erection of the Fraternity, the Office of Apothecary is not &s;ettled as
<PB N="27" REF="14"> any di&s;tinct Trade, but continues as a part of the Gildrie, and the Entrant enters as Mer|chants, by applying fir&s;t to the Council without any Di&s;tinction, except as to the Trial, for they pay no Compo&s;ition, whereas the Chyrurgeon Apothecaries their Apprentices, be|fore they receive them, are &s;everely tryed in the Greek and Lattine Tongues, and mu&s;t &s;erve five years to the Trade and thereafter be three years in their Studie and Travelling before they can be tryed to be a Ma&s;ter. 4. In the fore&s;aid Erection, the Apothecaries hath acknowledged the Chirurgion Apothecaries their Right, &amp; have homologat &amp; con&s;ented thereto by joyning with them in the <HI>Petition,</HI> whereupon the Act followed, and by which Act of Erection, it is expre&s;ly provided that the Apothecary Chirurgeons, at lea&s;t &s;ome of their Number appointed, &s;hall be Examinators to the entrant Apothecaries: As likeways, they Joyned together in obtaining an Ratification of Parliament in <HI>anno</HI> 1670, of the fore&s;aid Act; and &s;o the Chirurgeon Apothecaries having both Priviledge and pre&s;cription of their Po&s;&s;e&s;&s;ion by vertue of the &s;aid Decreet Arbitral, and Homologat by the &s;aid Act of Erection, their Right and priviledge of vending and componing Drugs, cannot be taken from them without doing them unju&s;tice, and the pretence of the Conclu&s;ion and incon|&s;i&s;tencie of the Calling; is ridiculous, the Trade of Apothecaries being no particular Cal|ling; and the Chirurgeon by his Art and Calling being oblidged to under&s;tand, and <HI>qua talis</HI> mo&s;t be nece&s;&s;itat to have Skill, both of Drugs, Herbs, and other Chymical Ex|tracts for the Cure of tho&s;e Di&s;ea&s;es that are the proper object of the Calling; and the Chirurgeon Apothecaries not being now <HI>in acquirendo jure,</HI> but in the Po&s;&s;e&s;&s;ion of Rights and Priviledges Secured to them by Law, and Po&s;&s;ect, pa&s;t all Memory, the &s;amen can by no means be taken from them: And as to the haill Points now contraverted are E&s;tabli&s;h|kd by Law; The King who has the &s;ole Power has divolved it upon the Town, who have already Regulat and determinat their Points, and the indeavouring to alter their Rights now determined by Authority were to unhing the Government upon apprehen|&s;ions or Rea&s;ons, that, there might be a better Government, which would be a prepara|tive to unhing all the Rights of King and People; and this be&s;ide the convniency and Intere&s;t of the People, that they be not compelled to Imploy two when one may &s;erve; and the &s;u&s;taining of this Declarator will be a preparative to all the Trades to quarrel the Con&s;titutions of the Trade, and what the Town has done in this, is Ratified by King and Parliament, and that with the knowledge and concour&s;e of the Apothecaries, &s;o that it is more as an ordinary Ratification: As likeways, the King by the Patent granted to the Phy&s;icians, has appointed the Chirurgeon Apothecaries to be joyned with the Phy&s;ician in the trying of the Drug, which was not done in Stile or by chance, but was under Debate, and Quarreled before the Council; and the Re&s;ervation in the &s;aid Patent is only as to Phy&s;icians, and not as to Apothecaries, and by the Act of Council it is declar|ed that the Chirurgeon Apothecaries, the<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">r Right &s;hall be Ratified by the King, and to all the point of pre&s;cription is opponed and joyned, which is &s;tronge&s;t in point of privi|ledge of any thing in the World; and the Immemorial po&s;&s;e&s;&s;ion is by con&s;ent publickly open and owned in all the Judicatoris of the Nation. <HI>Quinto,</HI> It was Triplyed for the Apothecaries before the &s;aid Procurators, that the Arguments founded upon the antiqui|ty of the Chirurgeon is no Argument at all, for albeit of Old, the Chirurgeons were the only Doctors als well as Apothecaries; yet now &s;eing we are Civili&s;ed, and are Subject to the Di&s;ea&s;es of other Nations, &s;o the Supplicants policy has allowed of the&s;e Remedies, which in other Nations are exerci&s;ed by &s;everal per&s;ons, all which is cleared by the Report by the &s;aids Lords their Order taken thereanent of the Cu&s;toms of other Nations, and as by particular Acts of Parliament; it is provided that the different Trades &s;hould be exerci&s;ed by different per&s;ons; So by the Cu&s;tom of <HI>Edinburgh,</HI> in all other Trades, it is ob&s;erved, as cannot be denyed, and their Trades as being of greater con|cern, ought rather to be di&s;tingui&s;hed; and it is a Mi&s;take to &s;ay that they are by their Erection confounded, for the Apothecaries adhere to their Erection and Seal of Cau&s;e, for the Erection is for the Chirurgeon-Barbars: And as to what is alledged, that the King did give the Power to the Magi&s;trats to di&s;po&s;e and determine the Trades within the Town. It is An&s;ered, that the Power was not ab&s;olute and unlimited, but <HI>&s;e|cundum bonum &amp; aequum,</HI> the King has given the &s;ame Power to all the Royal Burghs in <HI>Scotland;</HI> and yet the Lords of Se&s;&s;ion Decerned the Magi&s;trats of <HI>Burnti&s;land,</HI> and gave the Burge&s;&s;es thereof, Deacons and Gildrie, though the Magi&s;trats thereof did Oppo&s;e it; and there is nothing in the Pre&s;cription founded upon, for before the year 1649, this Chi|rurgeon Apothecary was never heard of, and their fir&s;t Writ is in the 1657 year of GOD; and although their Arguments as to the Town of <HI>Edinburgh,</HI> their having already determined
<PB N="28" REF="15"> might als well have been applyed to the two points of Blood letting, and application of Cere|cloths, which notwith&s;tandig the Lords have already determined in, &amp; it were ab&s;urd to prevent That the Town of <HI>Edinburgh</HI> by vertue of the power given to them, have power to con|found Trades and Employments without control, or to do any thing incon&s;i&s;tent with rea|&s;on or the Intere&s;t of the people, and if they &s;hould do it, the Judge Orinary may and &s;hould redre&s;s it, but this debate is not contrary to any thing in the Erection, but mo&s;t con&s;i&s;tent &amp; requi&s;ite for the &s;imple <HI>Chyrurgeons,</HI> in who&s;e favours the Erection is, for now neither the &s;imple <HI>Chirurgeons</HI> nor &s;imple <HI>Apothecaries</HI> can get a Prentice, &s;eing the Prentice for the &s;ame C<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">arge a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d Pains can acquire both Trades; And the conclu&s;ion of this Declartor is not only that the <HI>Chirurgeon Apothecaries</HI> now, are not only to Elect of one of the Em|ployments, but likeways it was craved, that thereafter they might be di&s;charged to take Prentices with relation to both Trades, or to pretend to Freedom in both, and it is no weight that the Expences of the Leidges is greater by imploying of two per&s;ons, for it is very well kown that the <HI>Chirurgeon</HI> takes both for his Drugs and Pains exorbitantly, and all the exorbitant priviledges were given the <HI>Chirurgeons</HI> by the Magi&s;trats, upon the ac|count of their Intere&s;t in the Election of the Magi&s;trat, and what is now craved by the <HI>A|pothecaries,</HI> is not only con&s;i&s;tant with the Laws and Cu&s;toms of other Nations, but agree|able to the Policy of this Burgh in all other Trades, and is much more ob&s;erved in <HI>Lon|don,</HI> and well governed Cities, and all the Po&s;&s;e&s;&s;ion that the <HI>Chirurgeons</HI> can pretend to before the year 1657, can operat nothing, &s;eing it wants a Title which is nece&s;&s;ary for Pre&s;cription: Thereafter there was an Supplication given in to the &s;aids Lords, by the &s;aid <HI>Apothecaries</HI> and &s;imple <HI>Chirurgeons</HI> of the &s;aid Burgh of <HI>Edinburgh;</HI> Shewing, that where to that Action and Declarator fir&s;t intented at the in&s;tance of the <HI>Apothecaries,</HI> again&s;t the <HI>Chirurgeon Apothecaries,</HI> and now concurred in by the &s;imple <HI>Chirurgeons,</HI> as to that point or &s;epara<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ing the two Callings and Employments not to be exerced by, or con|founded in one per&s;on, and which &s;ingle point hath been formerly fully Debated. It was therefore humbly craved, the &s;aids Lords would advi&s;e the point, and give their An&s;wer therein in <HI>jure,</HI> e&s;pecially &s;eing the &s;aids Apothecaries, Rai&s;ers and Pur&s;uers of their own Declarator, did humbly conceive they were not <HI>pro loco et tempore</HI> concerned to in&s;i&s;t any farder in the other undetermined points of their Declarator, while the &s;aids Lords &s;hould be plea&s;ed to give their determination in the point of Separation, as the &s;aid Supplication more fully bears, which being read in pre&s;ence of the &s;aids Lords, and they having heard &s;een and con&s;idered the &s;amen, Declared that before advi&s;ing of the point as to the Sepa|ration of the Employments, they would hear the Parties upon the points re&s;erved to be determined in their &s;aid la&s;t interloquitor; and therefore ordained both parties Procura|tors to be read at the next calling, and accordingly the &s;aid Action being again called, and both parties compearing by their re&s;pective Procurators above named, the Procurators for the &s;aids <HI>Apothecaries</HI> repeated the conclu&s;ion of their &s;aid Declarator, as to the other two points not yet in&s;i&s;ted in, <HI>viz. Primo,</HI> That it &s;hould not be lawful for <HI>Chirurgeons</HI> to trouble <HI>Apothecaries,</HI> and put them to their Oaths upon alledged Contraventions, and their exerceing of any operations proper to <HI>Chirurgeons,</HI> but only according to the practice and ob&s;ervance of all other Trades, to deprehend them in the Act of Contravention, and which the <HI>Apothecaries</HI> craves no more again&s;t the <HI>Chirurgeons</HI> in ca&s;e of their Contraventions, and exerceing the Employment of <HI>Apothecaries. Secundo,</HI> That in &s;o far as concerns the Mem|bers of the Colledge of Ju&s;tice, and others his Maje&s;ties Subjects re&s;iding in, or repairing to <HI>Edinburgh,</HI> not being Burge&s;&s;es, they may without any re&s;triction, make u&s;e either of <HI>Apothecaries</HI> or <HI>Chirurgeons,</HI> and that the Acts of the Town Council of <HI>Edinburgh</HI> relating to Priviledges of either of the &s;aid Employments, can take no further place but <HI>inter con|cives.</HI> To which it was An&s;wered for the <HI>Chirurgeons</HI> by their &s;aid Procurators, that the fore&s;aid Declarator, as to the&s;e two points now in&s;i&s;ted on cannot be &s;u&s;tained, becau&s;e as to the fir&s;t, that the proveing the Contraventions by the contraveeners their Oaths, as a thing <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> in ca&s;es more ordinary, and le&s;s importance, as in the cutting green Woods ab&s;tracting of Multers, and lately by an Act of Sederuut, it is appointed that the Magi&s;trats &s;hall be Burge&s;&s;es before them, and referr the Contraventions of the &s;elling of Vivers at greater Rates than they allowed to the Contra|veeners Oaths. And here there is nothing to &s;ay as in other manual Trades. And as to the &s;econd point, it were again&s;t Rea&s;on to leave the &s;trangers to the mercy of unskilful per|&s;ons, while the Burge&s;&s;es are priviledged for that they &s;hal be &s;erved by skilful per&s;ons. <HI>Se|cundo,</HI> All the Town of <HI>Edinburgh</HI> has the Right, and are in the po&s;&s;e&s;&s;ion of provid|ing
<PB N="29" REF="15"> for &s;trangers while they are in the Town, in all other things, and why not in this. <HI>Tertio.</HI> The Phy&s;icians their Parent does bear them to all per&s;ons within the Town als well &s;tran|gers as others. And the Chyrurgeons Trade &s;hould be in rea&s;on as far extended, e&s;pe|cially, &s;eing their Rights and immemorial Po&s;&s;e&s;&s;ions does carry them to it. And by the late Act of Parliament Merchants are allowed to be put to their Oaths for in-bringing of Good Uncu&s;tomed or prohibite, which is in effect a Theft. Whereunto it was Replyed for the Apothecaries, That this manner of Probation cannot be allowed; for it would ruine both the &s;imple Apothecaries and the &s;imple Chyrurgeons. And therefore until that point of the Separation of the Trades &s;hould be fir&s;t determined, and then the Deci&s;ions as to the manner of probation would be equal to both. <HI>Secundo,</HI> The general intere&s;t of the peo|ple is, That it &s;hal not be in the power of any Trade to di&s;cover or bring in que&s;tion His Maje&s;ties Leidges, as being &s;ubject to Di&s;ea&s;es; which it may be they would think &s;hame of, yea &s;o much as to have it &s;u&s;pected, tho by the event it &s;hould not be proven. <HI>Tertio</HI> It is contrair to the inviolable Ob&s;ervance in the ca&s;e of all other Trades who cannot prove any pretended Contraventions, either again&s;t unfree Men or Members of other Trades, ex|cept <HI>per manus &s;ubjectionem;</HI> and that they were actually deprehended in the Act of Con|travention. <HI>Quarto,</HI> If the contrair were &s;u&s;tained, that it might be lawful for the Trades to rai&s;e Proce&s;s again&s;t Unfree-men, or one again&s;t another upon pretended Contraventions of their re&s;pective Priviledges. It behoved to kinde a Fyre among&s;t the Trades, and each of them to ruine and de&s;troy others by calumnious Proce&s;&s;es. <HI>Quinto,</HI> It behoved to open a Door to all Calumnie, Prevarication and Perjury. <HI>Sexto,</HI> There is a great Difference betwixt the ca&s;e of general Laws or Poenal Statutes, the Contraventions whereof may be proven by Oath of Partie. And the priviledges granted to privat Trades and Incorporati|ons: For the ob&s;ervance whereof, there is no furder allowed by the practi&s;e of this and all other Nations, but actual Seizure and Deprehen&s;ion, and even by the Ratification of Parliament <HI>in anno</HI> 1641 in Favours of the Chyrurgeons. It is evident that the Parliament allowed no more but actual Seizure and Deprehen&s;ion. <HI>Septimo,</HI> If the&s;e were allowed, it &s;hould be in the power of Chyrurgeon-Apothecaries to ruine the &s;imple Apothecaries and &s;imple Chyrurgeons, by rai&s;ing Proce&s;s again&s;t them at their plea&s;ure, and by calling them to attend &s;uch Proce&s;&s;es, when they might be forced to go out of Town to attend their Pa|tients, and &s;o might Be holden as confe&s;t; and &s;o there is far greater rea&s;on why Oaths &s;hould not be allowed again&s;t Apothecaries; then in the ca&s;e of other Trades where it is not allowed. <HI>Octavo.</HI> A thou&s;and ca&s;es might occur wherein Apothecaries could not be cleared to Depone, whether the Operations done by them were Chyrurgical, or might be proper to be done by Apothecaries. All which may fully evince, that it is a mo&s;t unju&s;t and unwarrantable pretence that Apothecaries &s;hould be put to give their Oaths, which is contrair to the practi&s;e and ob&s;ervance of all other Trades, and would be de&s;tructive to the Apothecaries, and is contrary and prejudicial to the intere&s;t and Reputation of His Maje&s;t es Subjects: And as to the point of Po&s;&s;e&s;&s;ion and Pre&s;cription, the fir&s;t time that this manner of probation is mentioned was <HI>in anno</HI> 1655; which is here &s;aid to be proved <HI>de jure,</HI> which imports nothing but legal probation; As the ca&s;e requires, <HI>Secundo.</HI> They had the &s;ame preten&s;ion to the Cere-clothes, which notwith&s;tanding thereof is regulat by the Lords according to rea&s;on and Law, and no Act of the Town of <HI>Edinburgh</HI> can be other|ways binding, but according as they con&s;i&s;t with Ju&s;tice and Law. And albeit they had that Act <HI>in anno</HI> 1655. Yet it was never pretended to be put in execution but twice, which appears to be meer collu&s;ion by Reading of the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">aids Decreets. And as to the Exten&s;ion, as to &s;trangers the Declarator is mo&s;t ju&s;t and rational. <HI>Fir&s;t,</HI> Becau&s;e as to the Colledge of Ju&s;tice and its Members, it is their undoubted and uncontraverted Priviledge that they may imploy and make u&s;e of any Unfree Man, and much more may imploy Apothecaries in that which is proper to Chyrurgeons, And that therefore Apothecaries or Un<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ree-Men, &s;erving any of the Colledge of Ju&s;tice, cannot be lyable for any Puni&s;hment for the &s;ame, that being an infallible Con&s;equence founded upon the Priviledge of the Members of the Colledge of Ju&s;tice. 2. The &s;ame al&s;o ought to be extended and communicat to all Strangers who are not Bur|ge&s;&s;es, becau&s;e they cannot be &s;ubject as to the matter of their Health, to be limited and re|&s;trained by any Di&s;truction of Trades e&s;tabli&s;hed within the Town of <HI>Edinburgh,</HI> except it were <HI>ratione delicti,</HI> or <HI>ratione rejectae,</HI> or the like, which is &s;ubject to the Juri&s;diction of the Magi&s;trats, and it is not denyed but if any Stranger would build or repair a Hou&s;e which lyes locally <HI>intra territorium &amp; di&s;trictum</HI> of the Town, a Stranger behoved to make u&s;e of
<PB N="30" REF="16"> Workmen, according to the Di&s;tinction of the &s;everal Trades, becau&s;e the Hou&s;e is <HI>res &s;itae</HI> within the Precincts of the Town of <HI>Edinburgh,</HI> and is the &s;ubject of the Operation, but what imaginable Colour of Law or Rea&s;on can be pretended that as to the point of a Stran|gers Health, he &s;hould be &s;ubject to the Regulation and Di&s;tinction of Trades within the Town of <HI>Edinburgh,</HI> why they may not intru&s;t the &s;ame to whom they think fit, and to make u&s;e of the ordinary Apothecaries without the lea&s;t re&s;traint or hazard either to them|&s;elves or their Apothecaries, and that the di&s;tinction of Apothecaries and Chyrurgeons of the Town of <HI>Edinburgh,</HI> &s;hound only take place <HI>inter concives,</HI> the&s;e being the publick Con&s;titutions of the Burgh, wherein either his Maje&s;ties Subjects are no ways concerned, To which it was Duplyed for the Chirurgeons, that the King having given the Town Right and power to regulat the Trades, &amp; all Inhabitants within the Town, has con&s;equent|ly given them all things requi&s;ite for it, and the not allowing the probation by Oath but by Sea&s;ure, were to involve the People, the patent Trades and all in unevitable Ryots and Pleas, and as it is impo&s;&s;ible to prove the Contraventions but by Oath, &s;o that he not al|lowing his Probation, were to take away the Priviledge it &s;elf. 2. If it be any mans right he may vindicat his Right by all legal Means, and that is a legal Probation cannot be denyed, and although this has been the Rule and way of Probtion ever until now, it cannot be pre|tended that ever any per&s;on was pur&s;ued but where they were guilty, and if they &s;hould have Expen&s;es, which is the <HI>pana temere litigantium.</HI> 3. The King having given the Power of the Magi&s;tracy and Government not only of Burge&s;&s;es, but of all Strangers coming to <HI>Edinburgh,</HI> &s;o long as they are there they mu&s;t be &s;ubject to the Rules and Government of the Town, and as Strangers cannot make u&s;e of other Artificers that are not Freemen, why ought they to make u&s;e of Chirurgeons, and the Chirurgeon Apothecaries being upwards of two hundred years in po&s;&s;e&s;&s;ion, by vertue of good and undoubted Rights the &s;amen cannot be &s;ummarly taken away, whereunto the Apothecaries Triplyed, That all the Towns Rules in regulating of the Trades within the Town, does extend only to the <HI>Concives,</HI> for if otherwi&s;e, the Priviledge granted to the Colledge of Ju&s;tice would be rendered <HI>Elu&s;ory</HI> and of non effect, and <HI>conce&s;&s;o aliquo concenduntur omnia &s;ine quibus affectum &s;ortire non poterit.</HI> 2. Albeit the Members of the Colledge of Ju&s;tice, and other Strangers not being Burge&s;&s;es, are &s;ubject and lyable to the Juri&s;diction of the Magi&s;trats of <HI>Edinburgh,</HI> upon any ground of Law that founds the Competency of their Juri&s;diction, and if they &s;hould commit Riots, Slaughters or other Crimes, or were heretors of the Tenements or the like, yet the power and Juri&s;diction of the Magi&s;trats of the Town of <HI>Edinburgh,</HI> cannot re&s;pect any re|&s;traint or Revolution of the cure of their health, the Acts of the Town Council being only politick Con&s;tructions of the Burgh which can be valid and binding again&s;t none but <HI>in|ter concives,</HI> and it is vain and frivolous to pretend, that they have a Power to make u&s;e of and call Apothecaries, and yet if they come they are lyable to be puni&s;hed, it being ab&s;o|lutely incon&s;i&s;tent with the other, and would render upon the matter the &s;ame Limitation and di&s;tinction of Trades, as effectual again&s;t the Members of the Colledge of Ju&s;tice and Strangers, as again&s;t other Burge&s;&s;es and Citizens: And therefore the Apothecaries repeat and open that Declarator, which as to the whole Conclu&s;ions thereof, is mo&s;t ju&s;t and con|&s;onant to the Laws and Cu&s;toms of other Nations, and to the con&s;tant ob&s;ervance and Cu|&s;tom of the Town of <HI>Edinburgh</HI> in the ca&s;e of all other Trades, and wherein not only the Apothecaries concur, but al&s;o &s;ix of the Chirurgeons, who have right to all the Liberties and Priviledges of the Seal of Cau&s;e erecting the Chyrurgeons into an Deaconrie and Incorporati|on; Which Summonds of Declarator pur&s;ued by the &s;aids Apothecaries again&s;t the &s;aids Chirurgeon Apothecaries of <HI>Edinburgh,</HI> and haill Points therein contained, with the &s;everal Di&s;putes above-written following thereupon, being at length heard, &s;een and con&s;idered by the &s;aids Lords, and they therewith being well and ripely advi&s;ed, the &s;aids Lords of Council and Se&s;&s;ion, <HI>Found and Declared,</HI> that the Imployments of Chirurgery and Pharmacy being two di&s;tinct Imployments, and both requiring a great deal of care and knowledge, &s;hall hereafter (within the City of <HI>Edinburgh</HI> and Liberties thereof) be exerci&s;ed by di&s;tinct per|&s;ons, and that one and the &s;ame per&s;on &s;hall not exerci&s;e, or be imployed in both Imploy|ments, and that albeit Chirurgeons may buy and &s;ell Simples as any Druggi&s;t or Merchant may do, and compone &s;uch Druggs as are nece&s;&s;ar for Chyrurgecal and and external Application, yet that they cannot compone any Medicament to be taken inter|n lly by the Mouth <HI>Re&s;ervand</HI> alwi&s;e from this Declarator to the Chyrurgeon Apothecaries that are pre&s;ently actual Ma&s;ters in both Imployments, and does actually keep Apothecaries Shops within the Town of <HI>Edinburgh</HI> or Liberties thereof, as to which Bounds this Decla|rator extends and no furder. Thereafter there was an Supplication given in to the &s;aids Lords at the in&s;tance of the &s;aid Chyrurgeon Apothecaries, with the concur&s;e of all the other
<PB N="31" REF="16"> fourteen Deacons, <HI>&s;hewing,</HI> That where King <HI>James</HI> the &s;ixth of Ble&s;&s;ed Memory, having debarred all Trade&s;men from the Magi&s;tracy in which the Petitioners had then an equal &s;hare He did in recompen&s;e thereof allow the Petitioners the Benefit of Gildry, by vertue where of it was free for the &s;aids Petitioners or any of them who were comprehended in any ma|ner of way under the fourteen Deaconries, to be free not only to keep Shops as Gild-Bre|thren, but likeways to exerce any of the&s;e Trades, which were pendicles of the Gildrie; And it cannot be denyed but that the Apothecary Trade was not comprehended under any of the fourteen Deaconries, but was &s;imply a pendicle of the Gildrie, and con&s;equently a|ny of the fourteen Deaconries were free to be of it, to which the Petitioners de&s;ired a Spe&s;i|fick and formal An&s;wer, it never having been an&s;wered yet in the&s;e Proce&s;&s;es, and all that the Petitioners heard in&s;inuated as an an&s;wer, being that the Apothecaries Trade is not a meer &s;elling but a Compounding of Druggs, which Compo&s;ition is no part of the Gildrie: To which the Petitioners reply, is that this is a mi&s;take in the Fundamental Con&s;titut<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">n of this Burgh, whereby even the compounding of Drugs is no part of the fourteen Deac nries, and con&s;equently as before the year 1657, any man what&s;omever might have been without tryal &s;et up to compound Druggs if he was Burges, &s;o after the year 1657 all the priviled|ges given to the Apothecaries was only that none &s;hould exerce their Trade till they were found able by the Chyrurgeon Apothecaries and Apothecaries, and therefore if that the Chy|rurgeon Apothecaries can &s;how that they were &s;ufficiently able to under&s;tand their Trade why may not they be admitted als well as any other Burge&s;&s;es, &s;ince no Burges can be debar|red that being his Birthright by the &s;et, and to pre&s;s that they may be free of all the Sup|plicants Trade, as they are of theirs, was expre&s;ly contrair to the foundamental Con&s;tituti|ons of this Burgh, who by no means can be free in any of the fourteen Deaconries, but the&s;e who have either &s;erved in an Apprenti&s;hip to any of them, or have married one of their Daughters when they have gotten a &s;ufficient An&s;wer to that point never as yet an&s;wered then it will be time to Debate whether the Apprentice which the Petitioners have received, and may receive during our Lifetimes ought to be free of both Trades, their being <HI>jus quae|&s;itum</HI> to the Petitioners &amp; them thereto prior to this Deci&s;ion, and all &s;tatutes &s;uch as this of the &s;aids Lords &s;eems to be having only <HI>tractum futuri temporis</HI> though made by a Parliament, e&s;pecially when they are correctory of Priviledges <HI>bona fide</HI> acquired prior thereto, and the Petitioners being admitted to both Fraternities in both which the Petitioners have given their Oaths <HI>de fideli,</HI> and by their Con&s;titution there can be no meeting except where the two Vi|&s;itors are pre&s;ent, and one of the Chyrurgeon Apothecaries mu&s;t be Vi&s;itor; So that either they mu&s;t have a new Erection, which the Petitioners humbly conceive, none can give them, but the Magi&s;trats of <HI>Edinburgh,</HI> or el&s;e the Petitioners mu&s;t of nece&s;&s;ity be pre&s;ent with them, and the Petitioners humbly craved, that the Apothecaries Advocats would &s;how us which way and by what Arguments any Society could meet in <HI>Edinburgh</HI> without an Ere|ction from the King or the Town, or how men that have a Priviledge and are in Po&s;&s;e&s;&s;ion of it can be deprived and forfeited without a Fault; As al&s;o how the Petitioners Ap|prentices who have payed in their Prentice-fees in Contemplation of both Trades before the &s;aids Lords their Act can Forfeit their Fault, upon which and &s;everal other Points never yet debated before the Lords; The Petitioners de&s;ires to be heard in the &s;aids Lords their own Pre&s;ence which was never refu&s;ed to any Subject who&s;e Cau&s;e was once heard <HI>in pre|&s;entia,</HI> as the &s;aid Supplication and de&s;ire thereof more fully bears; To which it was an|&s;wered for the Apothecaries and Chyrurgeon Barbers, <HI>viz.</HI> That neither the tumultary Ca|balls of the Trades, nor the tumultuary Petitions which are given in name of the hail Trades, tho' thirteen of them are not in the lea&s;t concerned, ought to have no other influ|ence upon the Losds, but to de&s;erve a Cen&s;ure and Reprimand, that after they have taken &s;o much p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ins and trouble, and has determined the point upon unan&s;werable Grounds of Law and Rea&s;on with all po&s;&s;ible Tenderne&s;s and Allowance to the pre&s;ent Chyrurgeon Apothecaries, They &s;hould in an indi&s;creet Way and Manner Caball and run up and down and amu&s;e ignorant people with Stories of Government and Priviled|ges, which is not in the lea&s;t concerned. The ca&s;e being a &s;ingle, Deba&s;e of privat Rights, and a Controver&s;y betwixt the Apothecaries and Chyrurgeons, which is no other but di|rectly the &s;ame, with the Debates and Controver&s;ies which have and may ari&s;e betwixt other Trades. And as to the Prentices in the Petition, That the Apothecaries are none of the Pendicles of the fourteen Deaconries; and that any Gild-Brother might have exer|ced the Employment of an Apothecary, before the Erection in a Fraternity, and may do the &s;ame, &s;ince their undergoing the Tryal, and being Qualified. <HI>It was an&s;wered,</HI> the Interlocutor is opponed, and Grounds whereupon it proceeded: and the Petitioners do
<PB N="32" REF="17"> &s;trangely forget them&s;elves, if they di&s;remember that the &s;aid Pretence was both Founded upon in the Declarator, and fully an&s;wered and &s;atisfied. And again to refre&s;h their Me|mory, the An&s;wer then made was, that albeit the Decreet Arbitral pronounced by His Maje&s;ties Grandfather King <HI>James</HI> the Sixth, had &s;ettled the fourteen Deaconries in order to the Government of the Burgh, and that the Apothecaries were none of the&s;e Deacon|ries; yet without the lea&s;t impinging upon the Decreet Arbitral, it was lawful and com|petent to the Apothecaries to crave by their Declarator, that Pharmacy and Chyrurgery might be declared di&s;tinct Employments, and &s;eparately exerci&s;ed as &s;uch, ju&s;t as the &s;e|veral Pendicles of one and the &s;ame Deaconry, might pur&s;ue a Declarator of this nature a|gain&s;t the other. As for In&s;tance, if the Bakers of Pyes &s;hould tran&s;gre&s;s and bake Loaves, which is a di&s;tinct Employment though belonging to the &s;ame Deaconry, or if a Lock|&s;mith &s;hould pur&s;ue a Black-&s;mith if he &s;hould u&s;e both Trades, though under the &s;ame Dea|conry of Hammermen, and fourty others which might be in&s;tanced, by which the &s;aids Lords may plainly perceive, that the Decreet Arbitral, or the Settlement of the fourteen Deaconries is not in the lea&s;t concerned; and be&s;ides, it is certain and undenyable, that the Chyrurgeon-Apothecaries are none of the fourteen Deaconries, or &s;o much as mentioned in the Sett, but only the &s;imple Chyrurgeons, the mo&s;t part of whom do concur with the &s;imple Apothecaries in the fore&s;aid Declarator. And as to that Pretence, that the Ca&s;e was a Matter of Government, and that His Maje&s;ty has granted a Signature in Favours of the Chyrurgeon-Apothecaries, and that the King's Advocat de&s;ires to be Heard in favours of the Chyrurgeon-Apothecaries. It was an&s;wered, the In&s;inuations are mo&s;t frivolous; And it is &s;trange how any man can plea&s;e him&s;elf, or think it po&s;&s;ible to delude others with &s;uch Conceits, and that every little petty Debate betwixt two privat Trades, mu&s;t in&s;tant|ly be a great Que&s;tion of Government. And it were certainly very un&s;uitable to that De|ference and Duty the Lords of Se&s;&s;ion owes to His Sacred Maje&s;ty, who&s;e Royal Con&s;ide|ration is taken up with Matters of a Higher Nature, to trouble His Maje&s;ty with &s;uch pet|ty Concerns, which are only proper to be Cogno&s;ced and Determined by His Maje&s;ties Judicatures, which are E&s;tabli&s;hed for that very end. And as to the Signature in favours of the Chyrurgeon Apothecaries; it was &s;trange how it comes to be mentioned, having al|ready received its Fate before the Lords of Privy Council: and it's great Moderation in the Lords of Se&s;&s;ion, who were &s;o immediatly touched by the Extravagancies of the &s;aid Sig|nature, not to have taken notice of it before this time. And as to the&s;e Pretences, that the Interlocutor can be of no greater Force than a Law, which can only be extended <HI>ad ca|&s;us futuros,</HI> and cannot prejudge Apprentices who had <HI>jus quae&s;itum</HI> by their Indentures to both Employments. It was An&s;wered, the Compari&s;on is an evident Mi&s;take; for the Lords Interlocutor is a Sentence <HI>in Jure,</HI> and a Deci&s;ion in Point of Right, that the&s;e two Employments ought to be &s;eparate, and not confounded in the &s;ame per&s;on; &s;o that it was impo&s;&s;ible there would be <HI>Jus</HI> for the Confu&s;ion, that being directly incon&s;i&s;tent with the Interlocutor, it being certain that the Lords of Se&s;&s;ion cannot take away Parties Rights, neither <HI>pro praeterito,</HI> nor <HI>futuro:</HI> and therefore the Interlocutor by a nece&s;&s;ity of Con&s;e|quence, &s;hould have effect again&s;t the pre&s;ent Ma&s;ters for the Separation in time coming, though the Lords has been plea&s;ed &s;o far to indulge them as to allow them to Operat in both during their Lifetimes: but there is not the &s;ame Rea&s;on to extend the &s;ame Favour to Apprentices which would indeed evacuat the Interlocutor, and the Lords may as well Retrait what they have done, as &s;atisfie the unrea&s;onable Clamour of the Chyrurgeon-A|pothecaries, and neither they nor their Apprentices, can pretend to a <HI>Jus quae&s;itum,</HI> un|le&s;s they &s;uppo&s;e the Interlocutor <HI>in Jure</HI> is unju&s;t, which, whatever they think, it were a little too petulant to in&s;inuat or expre&s;s. And Laws are of a different nature from In|terlocutors <HI>in Jure;</HI> becau&s;e Laws being <HI>inductivi Juris novi,</HI> are only to be extended <HI>ad negotia futura;</HI> but Interlocutors are Declaratory of Laws already made, and of di&s;tinct Rights formerly of their own nature e&s;tabli&s;hed, and &s;o does take effect, and regulat all Ca&s;es which are the Subject of Debates. And the Apothecaries humbly de&s;ire the Lords to take to their Con&s;ideration a former Petition given in by them, and at la&s;t to put a Pe|riod to the&s;e Debates, and to &s;ecure and render their Interlocutor ineffectual in time co|ming, and that it may not be in the power of the Chyrurgeon Apothecaries, to elude the &s;ame. And thereafter there was another Supplication given in to the &s;aids Lords, by the &s;aids Apothecaries &amp; Chyrurgeon-Barbars of <HI>Edinburgh,</HI> Shewing, that where the &s;aids Lords upon Advi&s;ing of the Declarator Rai&s;ed by the Petitioners again&s;t the Chyrurgeon-Apothe|caries, has mo&s;t ju&s;tly Found and Declared, that the&s;e &s;hould be &s;eparat Employments in time coming. It followed nece&s;&s;ary, that the pre&s;ent Chyrurgeon-Apothecaries who were
<PB N="33" REF="17"> allowed to exerci&s;e both Employments dung their Lifetime &s;hould not upon the Pre|tence of the &s;aid per&s;onal Indulgence, be allowed to fall upon Methodso evacuat the &s;aid Interlocutor, and perpetuat the Confu&s;ion of the&s;e Employments. T<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> therefore the &s;aids Lords would expre&s;ly declare, <HI>That it &s;hould not be lawful to the Chyrurgeon-Apothecaries to receive Apprentices, but as to one of the&s;e Employments, and that the Prentices be &s;o look|ed; And that the pre&s;ent Chyrurgeon Apothecaries may be put to Declare, which of the&s;e Em|ployments they will take them&s;elves to in time coming, as to that Point of Booking of Prenti|ces; otherways they will receive Prentices one year in Pharmacy, and another year in Chyrur|gery, which is most ab&s;urd.</HI> As likewi&s;e, <HI>That the pre&s;ent Chyrurgeon-Apothecaries may be Re&s;tricted to &s;it at one of the Tables, either of the Deaconrie of Chyrurgeons, or of the Frater|nity of Apothecaries, there being no more intended by the Interlocutor, than that the pre&s;ent Masters may Operat in both Employments during their Lifetime.</HI> And whereas the Petition|ers were Informed, that the Chyrurgeon-Apothecaries of de&s;ign to evacuat the Interlo|cutor, were to crave, that their Apprentices who are already pa&s;t their Prenti&s;hip, and Di&s;|charged of their Indentures, may be allowed to exerci&s;e both Employments during their Lifetime. The &s;aid Pretence is directly incon&s;i&s;tent with the Interlocutor, and tends to evacuat the &s;ame, and continue the Confu&s;ion of the&s;e Employments, and the Indulgence granted to the pre&s;ent Ma&s;ters is <HI>ex gratia,</HI> and contrare to the common Grounds of Law, whereupon the &s;aids Lords has &s;u&s;tained the Declarator for Separation in time coming. And the &s;pecial Con&s;iderations that the &s;aids Lords have gone upon, as to the pre&s;ent Ma&s;ters, was, that they were in po&s;&s;e&s;&s;ion of both Employments, and had long Experience, and had Shops fitted with the Materials of Pharmacy, and Chyrurgery, which &s;pecial Rea&s;ons do not in the lea&s;t Militat for Apprentices who are not &s;et up, many of whom will not be able to be Freemen in the &s;aids Employments the&s;e ten or twelve years, by the Con&s;titutions of the Burgh, and the Acts of the re&s;pective Employments. Thereafter it was humbly cra|ved, That the &s;aids Lords would &s;o Enlarge and Declare in the fore&s;aid Interlocutor, That it may not be in the power of the pre&s;ent Chyrurgeon-Apothecaries, by their Methods of taking and Breeding of the Prentices in both Employments, to evacuat the &s;ame; and that they may be Re&s;tricted to Meet and Conveen only at that Table, at which they &s;hall Conde&s;cend to Book their Prentices; that &s;o the&s;e Points of the Separation being once ful|ly cleared, the Lords may at their convenience, proceed to Advi&s;e the other Points that are not yet Determined, as the &s;aid la&s;t Supplication al&s;o more fully contains. Which fir&s;t Supplication above written, with the An&s;wer made theret<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> by the &s;aid Apothecaries, and la&s;t Bill given in by them in manner above &s;pecified, being all read in pre&s;ence of the &s;aids Lords, and they having Heard, Seen and Con&s;idered the &s;amen: and being therewith well and ripely Advi&s;ed, the &s;aids Lords <HI>Decerned</HI> the &s;aids Chyrurgeon-Apothecaries Ma&s;ters, who by the fore&s;aid Interlocutor were allowed the exerci&s;e of both Employments during their Lifetime and the three young Men. <HI>viz. James Mu rhead, John Lauder,</HI> and <HI>Thomas Edgar,</HI> who by the particular Interlocutors, were declared to be in that Condition, albeit they be not as yet actually entered Ma&s;ters in both Employments. To make their Election to Meet and &s;it at any one of the Tables of the &s;aid two Employments, and to declare their Election betwixt and <HI>Tue&s;day</HI> thereafter: and if they did not Declare betwixt and the &s;aid day, the &s;aids Lords Decerned them to &s;it only at the Chyrurgeons Table, as the elde&s;t and fir&s;t e|rected Trade: and the &s;aids Lords have found, that no Ma&s;ter can hereafter take Prentices to make them Freemen in <HI>Edinburgh</HI> in any of the &s;aids two Employments, except that at which they &s;it at the Table, and that all the Prentices already entered, are to be free only in that Imployment and Trade at which their Ma&s;ters &s;its at the Table. In Obedi|ence to the which Interloquitor, there was an Conde&s;cendance given in by <HI>John Jo&s;&s;ie</HI> Chyrurgeon-Apothecary, written and &s;ub&s;cribed by him, and declaring his Election to be to meet and &s;it with the Apothecaries, as the &s;aid Declaration and Conde&s;cendance, dated the day of <HI>March</HI> in&s;tant, extant in Proces more fully bears: And thereafter there was another Supplication given in to the &s;aids Lords, by the Chyrurgeon-Barbers of <HI>Edin|burgh</HI> &s;hewing, That where in the Erection of their Deaconry, and in the Confirmation thereof by King <HI>James</HI> the fourth, as al&s;o by the Decreet-Arbitral of King <HI>James</HI> the &s;ixth, there is not &s;o much as any word of concerning or &s;ignifying &s;uch a thing as a Chyrurgeon-Apothecary, which never came to be in practice till the time of the late unhappy Troubles &amp; Confu&s;ions, &amp; was never &s;o much as named under that De&s;ignation in any publict Writ, till the time of the later and more unhappy U&s;urpation <HI>anno</HI> 1657, which yet does not any ways Erect or Authorize them as &s;uch, and that the fore&s;aid ancient Deaconry flouri&s;hed in a good condition, with an oppulent Box, ti l the Chyrurgeon-Apothecary crept in among&s;t
<PB N="34" REF="18"> us, who deriving <GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">n&s;ick ends and de&s;igns, prejudicial to the ancient Deaconry, regard|ing the Apothecry and his Pharmacy more then the Chyrurgeon, and true e&s;tabli&s;hment of the Deaconry: Pur&s;uand to which, they at all Tryals, and all Admi&s;&s;ions of Intrants, con&s;tntly more favour their own Apprentices then the Petitioners, wherethrow they have not only become more numerous in the Calling then the Supplicants were, and &s;o by Votes overpowered the Petitioners in all their Propo&s;als; but that al&s;o, &s;ince their coming in a|mong&s;t the Petitioners, much Money hath been expended for Pleas and Suits of Law, to not only the exhau&s;ting of the Box, but burdening of the Calling with con&s;iderable Debts. And now that the &s;aids Lords have mo&s;t ju&s;tly found and declared, that the&s;e two Imploy|ments of Pharmacy and Chyrurgery are in their natures di&s;tinct, and ought in their Practice to be &s;o far &s;eparat, as not to be exerci&s;ed by one &s;ingle per&s;on; and tho' the &s;aids Lords, have <HI>ex gratia,</HI> upon &s;everal Specialities, indulged the pre&s;ent Ma&s;ters to operat in both du|ring their Lifetime, yet the Petitioners are informed, that the &s;aids Lords are importunate to inlarge the &s;ame favour to &s;ome Apprentices, as particularly to <HI>John Lawder</HI> and <HI>James Muirhead,</HI> again&s;t who&s;e Bills the Petitioners (adhereing always to their general An&s;wers and Bill jointly of before given in by them with the &s;imple Apothecaries,) do humbly re|pre&s;ent, that the&s;e Prentices are not &s;tated under the Specialities which prevailed with the &s;aids Lords to grant the per&s;onal Indulgence in favours of the pre&s;ent Ma&s;ters; and as the Conce&s;&s;ions would altogether evacuat the &s;aids Lords their ju&s;t Interloquitor, and perpetuat the Confu&s;ion for ever, &s;o would they al&s;o open a door of great trouble to the &s;aids Lords, for no Apprentice (whether he hath not &s;erved his time, or is yet &s;erving,) but would in|&s;inuat &s;ome pretences for enjoying a &s;hare in that per&s;onal Indulgence; and it is a mi&s;|take in the fundamental Con&s;titution of this Burgh, to imagine that any one man ought in <HI>Jure</HI> take an Apprentice for two di&s;tinct Trades and Imployments, for can a Merchant take an Apprentice for the Gildry and a Trade, of ought a Trade&s;man in <HI>jure</HI> take an Appren|tice by formal Indentures, and book him equally to his own particular Trade and the Gildry of t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e City; yea, can a Trade&s;man take a Prentice, and formally book him to any two di|&s;tinct Imployments, or Pendicles of one and the &s;ame Deaconry; as for in&s;tance, can a Py-Baxter take, and formally book an Apprentice to the baking of Pyes and the baking of Loaves, although the baking of a Loaf is the ordinary E&s;&s;ay put to the Py-Baxter at his Tryals. So that as the Ma&s;ters impinged upon the Con&s;titutions and Order of the Burgh, in confounding of the Gildry with the Crafts, by taking and booking one Prentice to both, &s;o the Apprentices cannot found any thing upon this <HI>Corruptela,</HI> to prejudge the Con&s;titu|tion of the Burgh, whatever recour&s;e they may have again&s;t their Ma&s;ters for impo&s;ing up|on them and their Friends by &s;uch Indentures. <HI>Secundo,</HI> It is more particularly An&s;wered to <HI>John Lawder</HI>'s Bill, that the Action of Declarator was depending long before <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> confe&s;&s;es him&s;elfe to have come home, and as <HI>de facto,</HI> he never offered him to his try|als at the Petitioners Table, &s;o it is but frivolous to alleadge he had done it, but was delayed upon the depending Declarator, for what ever differences were betwixt the &s;imple Apo|thecars, and the Chyrurgeon-Apothecaries for the tryal of intrants, at their table during the dependance, yet no &s;uch thing was upon that account, betwixt the Petitioners and Chyrurgeon-Apothecaries at the Petitioners Table, and as for <HI>James Mureheads</HI> Petition, he is already an Apothecary, and &s;o the Lords Interloquitor is opened. 2. <HI>E&s;to,</HI> he were not yet, he cannot by the Acts of the Deacons, be &s;o much as yet for a long time receav|ed to his very Tryals, the Petitioners Acts providing that none but qualified Per&s;on &s;hould be admitted, di&s;charged the receiving of &s;o much as a Bill, from an intrant till eight year <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> he is Booked ane Apprenti&s;e in the Books of their Calling, and which <HI>James Murhead</HI> cannot aleadge. It was therefore humbly be&s;ought, that the &s;aids Lords would take the Promi&s;es to their con&s;ideration, with the Petitioners An&s;wers and former Bill abovementi|oned, and &s;ecure the Lords Interloquitor from being rendered unefectual, and that the Lords would declare that the Box and Calling of the Chyrurgeons, could not be burdened with the Debt lately contracted, for the maintaining of this Plea again&s;t the Separation, but that the &s;ame &s;hould be payed by the Chyrurgeons-Apothecaries among&s;t them&s;elves, and not upon the Box, which is the Poors Money and the Stock of the Incorporation, &s;eing the Petitioners concurred for the Separation, and one of the Petitioners was &s;o Illegally In|carcerat by the pre&s;ent Deacons (who is a Chyrurgeon Apothecary him&s;elf) for deliver|ing his Opinion again&s;t borrowing of Money for this Plea, that the &s;aids Lords did liberate <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> without either Caution or con&s;ignation, as the &s;aid Petition likeways more fully bears, which being likeways Read in pre&s;ence of the &s;aid Lords, they ordained the Chyrurgeon A|pothecaries to have an&s;wered the &s;amen again the next day thereafter, and thereafter there
<PB N="35" REF="18"> was ane Supplication given in to the &s;aid Lords, by <HI>James Turnbul</HI> Chyrurgeon in <HI>Edinburgh,</HI> &s;hewing that whereas he had payed an con&s;iderable Prenti&s;e Fee, after his Apprentis&s;hip, went Abroad for &s;everal years. to accompli&s;h him&s;elf in the Arts of Chyrurgerie and Phar|macie, and after his return upon Application to the Chyrurgeons of <HI>Edinburgh,</HI> they upon Tryal have found the Petitioner qualified, and admitted him a Free-man Ma&s;ter in their Societie, and he having provided him&s;elf of all Drugs, Medicamenta and In&s;truments ne|ce&s;ar, not only fit for Exercing of Chyrurgery, but al&s;o of Pharmacie, the Petitioner hav|ing &s;et up and keeped an open Shop, and done all Diligence for procureing of Freedom in Pharmacy, and did make his Application to the Town Council of <HI>Edinburgh,</HI> for their Recomendation to the Fraternity of Chyrurgeon Apothecars, and Apothecaries, the Peti|tioner was always delayed, becau&s;e of &s;everal Intrants that had procured their Recomen|dation before him, but now having procured his Recomendation from the Council to the Brother-hood, the Petioner has gotten in his Bill, which Bill with his Recomendation is accepted of by them, and &s;till lying before them, but by rea&s;on their metings has not been &s;o frequent as formerly, becau&s;e of their pleas at Law, the Petitioners Tryals hes been de|layed, and &s;eing he is a pre&s;ent Ma&s;ter in Chyrurgrie, and hes done all Diligence in or|der to the Tryal of his qualification in Pharmacie and to that end hes Set up a Shop (be|fore the Lords Interloquitor) Humbly be&s;eeching therefore, that the &s;aids Lords would al|low the &s;aid Brother-hood of Chyrurgeon-Apothecaries, and Apothecaries to admit and receave the Petitioner a Freeman Chyrurgeon-Apothecary, that he may have the benefit of the Lords Interloquitor, e&s;pecially con&s;idering the Lords have granted the like Priviledge to other two of late (the one not being yet admitted Chyrurgeon, the other neither as yet admitted Chyrurgeon nor Apothecarie, &s;o the Petitioners ca&s;e in all circum&s;tances being con&s;idered, is more favourable then the&s;e. Whereunto it was an&s;wered for the &s;aid Apotheca|ries, it was ab&s;olutly fal&s;e that he payed any Prenti&s;e Fee, having only &s;erved his Father, who was ab&s;olutely ignorant of Pharmacie, having neither been Breed nor In&s;tructed therein, although he keeped the Fa&s;hion of an Apothecaries Shop, which afterward he quat, becau&s;e the Phy&s;icians would not Imploy a per&s;on of &s;o little Skill. <HI>Secondly,</HI> All his Tr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">vel abroad was only a Ship-board, where he could have no occa&s;i|on of exerci&s;ing, much le&s;s of Improving him&s;elf in Pharmacy, which appeared very well when he offered him&s;elf to Tryal, for there he was found mo&s;t Ignorant and un|qualified and rejected as &s;uch, &s;ince which time he never had the confidence to offer him&s;elf to a new Tryal, in re&s;pect whereof, it was hoped the &s;aids Lords would reject his Petition, and that the &s;aids Lords would be plea&s;ed to declare that the Indulgence that they had allowed to the three youg Men, <HI>Lauder, Muirhead,</HI> and <HI>Edgar,</HI> was always upon condition that they be found Qualied at their re&s;pective Tryals, which la&s;t Supplication a|bove written, being read in pre&s;ence of the &s;aids Lords, together with the An&s;wers made thereto by the &s;aids Apothecarie, and they having heard, &s;een and con&s;idered the &s;amen, They refu&s;ed to grant the De&s;ire thereof; And thereafter there was another Supplication given in to the &s;aids Lords by the &s;aids Chirurgeon Apothecaries of <HI>Edinburgh,</HI> &s;hewing that where they being informed that the &s;aids Lords has decerned the Petitioners to make their Election pre&s;ently, at which of the Tables of Chirurgery or Pharmacy, we are to meet and &s;it, whereat the Petitioners are greatly &s;urpri&s;ed, and in a manner in a con&s;ter|nation, &s;eing the &s;aid point was never advi&s;ed with our Lawyers, nor Informations given by the Petitioners to the &s;aids Lords thereanent, nor the &s;ame craved by the Pur&s;uers De|clartor, and in regard many of the Petitioners number are out of Town, and the time allowed very &s;hort; and to the effect the Petitioners may deliberat <HI>&s;edato animo</HI> in &s;o weighty a Point, and not to do the &s;ame ra&s;hly and in confu&s;ion; Humbly be&s;eeching therefore, the &s;aids Lords would grant the Petitioners &s;uch a competent time as they may advi&s;e and be heard before the &s;aids Lords, hopeing that &s;ome of the Petitioners, their Services in both Imployments to His Maje&s;ty in his greate&s;t difficulties (when &s;carce one of the Pur&s;uers were &s;o much as heard of) and the Petitioners former care and &s;ucce&s;sful pains in Curing many of His Maje&s;ties Leidges by exercing the&s;e Imployments, did prevail with the &s;aids Lords to grant the Petitioners this &s;o rea&s;onable and humble de&s;ire; Whereinto it was <HI>An&s;wered,</HI> that whereas it is pretended that the Point of &s;epa|rating the Tables, and oblidging them to make their Election of what Table they will &s;it at, and to <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ook their Apprentices, accordingly was never advi&s;ed with their Lawyers, nor Informations given in by them to the Lords thereanent, nor the &s;ame craved by the &s;imple Apothecaries Declarator. It was An&s;wered, <HI>Fir&s;t,</HI> That it was their own fault if they did neither advi&s;e with their Lawyers, nor give Informations to the Lords: The
<PB N="36" REF="19"> Points having been fully Debated &s;everal times, as is well known to the Lords them&s;elves. But <HI>Secondly,</HI> The Apothecaries and Chirurgeon-Barbars do oppone the &s;everal Bills and An&s;wers given in on both &s;ides, and extant in Proce&s;s, &s;ince the Lords did pronounce their fir&s;t Interlocutor for &s;eparating the Callings; but e&s;pecially Sir <HI>George Lockhart</HI> An&s;wers to the &s;econd Bill, &s;ince given in for them by the Lord Advocat which is lying in the Clerks hands, by which it clearly appears that the Separation of the Tables was nece&s;&s;ari|ly con&s;equential to the Saparation of the Callings, and without which the fir&s;t Interlo|cutor was no perfect; So that it was calumnious for the Chirurgeon Apothecaries to pretend a Surpri&s;al, it being about a Month as will appear by the Dates of the &s;aids Bills and An&s;wers &s;ince they were well acquainted with the Point, in re&s;pect whereof, and that the Chirurgeon Apothecaries de&s;ign was only to drive off this Se&s;&s;ion, that thereby they may render the Lords Sentence <HI>elu&s;ory</HI> and of none effect, by hindring the &s;amen to be Ex|tracted, and &s;o to continue and perpetuat the Confu&s;ion; And it was therefore hoped that the &s;aids Lords would have no regard to the Petition, nor any other of that nature, but furthwith Order the Extracting of the Apothecaries Decreet, e&s;pecially &s;eing the Ser|vices which &s;ome of the&s;e Chirurgeon Apothecaries pretend to have done to His Maje&s;ty in his greate&s;t difficulty were neither &s;o great, nor &s;o long continued by very far, as they rendered to his Enemies of both Nations, who brought His Maje&s;ties Royal Father and him&s;elf unto tho&s;e difficulties, which la&s;t Supplication and An&s;wers above written made thereto, being likeways in read pre&s;ence of the &s;aids Lords, and they having al&s;o heard, &s;een and con&s;idered the &s;ame, refu&s;ed to &s;top the Extracting of the fore&s;aid Declarator, but de|clared that if the Petitioners had any thing in Law to repre&s;ent upon the morrow there|after, again&s;t the oblidging them to &s;it at one Table, and to have the priviledges of both they would hear them: and thereafter there was an other Supplication given in to the &s;aids Lords, by the &s;aid <HI>Chirurgeon Apothecaries,</HI> &s;hewing, That where they immediatly after &s;ight of the &s;aids Lords their la&s;t deliverance upon the fore&s;aid Bill given by them, pa&s;t that &s;ame Afternoon, which came to the Supplicants hands late at Night: the Petiti|oners did their utmo&s;t endeavour to procure meeting of their Advocats, which after all imaginable diligence they could not obtain, in re&s;pect they were &s;urcharged with a crude of Affairs the penult day of the Se&s;&s;ion, and &s;eing there were a great many matters of Fact coming daily to the Petitioners knowledge, whereby the incon&s;i&s;tency of the &s;eparation of the two Tables of Chirurgery and Pharmacy during the Petitioners lifetimes, even to for|mer Interloquitors will unque&s;tionably be made appear, and which requires only the de|liberat advice of their Lawyers to put in form. It was therefore humbly craved, the &s;aids Lords would ordain the Petitioners Advocats to Con&s;ult them therein, to the effect the &s;aids Lords might be fully cleared in that point, being confident to a&s;&s;ert, that nei|ther the Pur&s;uers nor Phy&s;icians their a&s;&s;i&s;tants has or &s;hall be, have more loyaltie towards his Maje&s;ty (&s;ome of the Petitioners being at <HI>Worche&s;ter</HI> Fight attending upon his Per&s;on, and &s;eque&s;trat for their loyaltie by the U&s;urpers) nor has been, nor &s;hall be more ob&s;equous and ready to &s;erve the &s;aids Lords and Leidges with their skill and pains with the Petiti|oners, who has given proof to the whole Nation, how u&s;eful and nece&s;&s;ar the&s;e Employ|ments has been in their per&s;ons, as the &s;aid la&s;t Supplication al&s;o extant in Proces more fully bears, and which being likeways read in pre&s;ence of the &s;aids Lords, and they having heard, &s;een, and con&s;idered the &s;amen, found the de&s;ire thereof improper for them to meddle in, and refu&s;ed to give any &s;top upon &s;uch pretences: and ordained the Decreet to be given out, <HI>Extractum de libris actorum per me &s;ic Sub&s;cribitur George Macken&yogh;ie Clerk Regi&s;ter.</HI></P>
<DIV2 TYPE="part">
<HEAD>Act in Favours of the Apothecaries of <HI>Edinburgh.</HI></HEAD>
<P>AT <HI>Edinburgh,</HI> the twenty &s;ixth day of <HI>March</HI> one thou&s;and &s;ix hundred &amp; Eighty four years anent the Supplication given in, and pre&s;ented to the Lords of Council an Se&s;&s;ion, by the <HI>Apothecaries</HI> of <HI>Edinburgh:</HI> &s;hewing, that where there being a Decreet of De|clarator pronounced by the Lords, &s;eparating the two Callings of <HI>Chirurgerie</HI> and <HI>Pharma|cie,</HI> and ordaining them to &s;it at different Tables, and allowing the pre&s;ent <HI>Chirurgeon Apo|thecaries</HI> to make their Election at which Table they will fit, under the certification, that if they did not conde&s;cend &amp; declare betwixt and a certain day conform to the &s;aid Decreet, to be reputed as <HI>Chirurgeons</HI> and to &s;it at their Table allanarly; and the Petitioners in pur|&s;uance of the &s;aid Decreet of Declarator, having pre&s;ented a Petition to the Town Coun|cil of <HI>Edinburgh,</HI> humbly de&s;iring the Magi&s;trats and Council to nominat and appoint to
<PB N="37" REF="19"> them a Vi&s;iter for conveening their Fraternity, and for trying their intrants, and that they would declare the Act of the Town Councis of the Twenty fifth of <HI>March</HI> one Thou&s;and &s;ix hundred &amp; fifty&s;even, &amp; all the priviledges therein contained did now properly belong to the Fraternity of <HI>Apothecaries,</HI> and not to the <HI>Apothecarie Chirurgeons,</HI> as being declared by the &s;aid Decreet to be &s;eparat and di&s;tinct Callings; the de&s;ire of which Petition being &s;o ju&s;t, and the import and effect of the Lords Decreet of Declarator was at the fir&s;t reading pa&s;t <HI>nomine contradicente:</HI> but thereafter by the importunity and influence of the Deacon of the <HI>Chirurgeons</HI> was thereafter &s;topped; and albeit the Petitioners has by renewed appli|cations, earne&s;tly de&s;ired the Magi&s;trats and Council to grant the de&s;ire to the &s;aid Petiti|on, yet they are not able to prevail, &s;uch is the power and influence of the <HI>Chirurgeons,</HI> The pre&s;ent Deacon who is a coun&s;eller, being a Chirurgeon Apothecary, and in regard it is ju&s;t and nece&s;&s;ar for vindication of the Lords own authority, to &s;ee their own ju&s;t De|creet and Sentences rendered effectual, and that the &s;eparation of the two Callings of <HI>Chi|rurgerie</HI> and <HI>Pharmacie</HI> was found by the Lords to be con&s;onant to Law, and founded upon con&s;ideration of publick utility, and the good of his Maje&s;ties Subjects, and that the &s;aid Decreet of Declarator for &s;eparating the&s;e two Callings of Pharmacy and Chi|rurgery would be rendred Elu&s;ory and of no effect, if the Petitioners &s;hall not have a Vi&s;iter nominat who may conveen their Fraternity of Pharmacy, and that it is the ju&s;t import and effect of the &s;aid Decreet of declarator, that the whole priviledges and immunities contai|ned in the fore&s;aid Act, declaring the <HI>Apothecaries</HI> in a Fraternity, &s;hould be declared Solely to appertain and belong to the <HI>Apothecaries,</HI> as &s;eparate and di&s;tinct from <HI>Apothecaries Chi|rurgeons;</HI> and therefore humbly craving, that the Lords would in vindication of their own authority, as well as the Petitioners Right, ordain the pre&s;ent Magi&s;trats and Council to nominat and appoint a Vi&s;itor, for conveening the Fraternity of Apothecaries upon all oc|ca&s;ions, and likeways to pa&s;s an Act under the Town Council of <HI>Edinburghs</HI> Seal, declar|&s;eng the fore&s;aid Act dated the twenty fifth of <HI>March</HI> one Thou&s;and &s;ix hundred and fifty &s;even, and the priviledges therein contained only to belong to the Fraternity of Apothe|caries, as being now declared by the Lords Decreet, to be a &s;eparate Calling from Chirur|geon Apothecaries, and that the Lords would be plea&s;ed to ordain the Magi&s;trats and Coun|cil to do the &s;amen, under &s;uch certifications as the Lords &s;hould think ju&s;t, whilk Suppli|cation and de&s;ire thereof being con&s;idered by the &s;aids Lords, they ordained the Procura|tors for the Chirurgeon Apothecaries to &s;ee and an&s;wer the &s;ame the next day, which being accordingly given up to the &s;aids Procurators to &s;ee, they returned the &s;amen with the an&s;wers following, <HI>viz. Primo</HI> That it is &s;trange with what confidence the A|pothecaries can trouble the Lords with &s;uch a groundle&s;s and rediculous Bill, &s;eing they are not obliged Summarlie to an&s;wer upon a Bill, no man being obliged to an&s;wer upon a Bill where there is no depending Proces, except he be a Member of the Colledge of Ju|&s;tice, and that in things relating properly to his Office and Employment; far le&s;s can any Incorporation or Community be obliged to an&s;wer upon a Bill without there were Signet Letters rai&s;ed and the per&s;ons formally cited, and the Proces came in to be called by the cour&s;e of the Roll conform the Act of Regulation, for if it were allowed there &s;hould be no u&s;e of Signet Letters, and would overthrow the foundation of Law and form. <HI>Secundo</HI> This is already depending before the Town Council of <HI>Edinburgh,</HI> as appears by the Apo|thecaries own Bill, they haveing given in a Petition to the Town Council to the &s;ame purpo&s;e, to whom it is proper to cogno&s;ce upon &s;uch differences, and to appoint Vi&s;itors as they &s;hall think fit, that being the Towns particular priviledge both by their Charters and by their Sett, it being expre&s;ly provided by the Sett, that neither Merchants nor Crafts and their Deacons nor Vi&s;itors, &s;hall have or make any general or particular meet|ing, but by the advice of the Magi&s;trats and Town Council, <HI>Tertio,</HI> It is a &s;trange piece of confidence that the Apothecaries &s;hould de&s;ire, that the Magi&s;trats and Town Council &s;hould be ordained to appoint a Vi&s;itor for conveening their Fraternity, and to grant &s;uch priviledges as they &s;hall de&s;ire, which is down right centrair to the priviledges of the Town and the Sett, and to crave that that &s;hould be done under a certification, and that without &s;o much as calling the Magi&s;trats, then which there can be nothing more redicu|lous and ab&s;urd, and therefore &s;eing the <HI>Chirurgeons</HI> and <HI>Chirurgeon Apothecaries</HI> are not obliged Summarly to an&s;wer a Bill, and that this Proces is already depending before the Town Council, to whom it properly belongs to cogno&s;ce upon &s;uch differences, and that the Magi&s;trats who&s;e priviledges are principally concerned are not called, the de&s;ire of the Bill as mo&s;t groundle&s;s and ab&s;urd ought to be refu&s;ed, and when the <HI>Apothecaries</HI> &s;hall rai&s;e any action of Declarator, they &s;hall have an an&s;wer: Whilk Supplication and de&s;ires
<PB N="38" REF="20"> thereof, and an&s;wers above written made thereto, being at length read, heard, &s;een, and con&s;idered by the &s;aids Lords, and they being therewith well and ripely advi&s;ed, the Lords of Council and Se&s;&s;ion upon the eighteen of <HI>March</HI> in&s;tant, ordained the Magi&s;trats and Town Council of <HI>Edinburgh</HI> to nominat and appoint a Vi&s;itor for conveening the &s;aid Fra|ternity, thereafter the &s;aid <HI>Apothecaries</HI> of <HI>Edinburgh</HI> gave in an other Supplication to the &s;aids Lords, &s;hewing that where the Petitioners having applyed to the Lords, repre&s;enting that albeit they had &s;everal times petitioned the Magi&s;trats and Town Council of <HI>Edinburgh</HI> to nominat and appoint a Vi&s;itor, to the effect the <HI>Apothecaries</HI> might meet and conveen for tryal and Examination of intrants and doing their other affairs, yet notwith&s;tanding &s;uch w s the power and influence of the <HI>Chirurgeons,</HI> that they could not obtain &s;o ju&s;t a de&s;ire, and which was done of purpo&s;e that the Petitioners might be deprived of the benefite of your Lord&s;hips Decreet of Declarator, &s;eparating of the two Callings of Pharmacie and Chyrurgerie. And therefore craving that the Lords would ordain the Magi&s;trates and Council of <HI>Edinburgh,</HI> to nominate a Vi&s;itor which Petition and An&s;wers thereto, being con&s;idered by the Lords, and they having found the &s;amen mo&s;t ju&s;t and rea&s;onable, they did accordinglie ordain the Magi&s;trats of <HI>Edinburgh,</HI> to nominate a Vi&s;itor betwixt and the twenty one with Certification, that the &s;aids Lords by their own Authority, would nominate and appoint a Vi&s;itor, and which deliverance being intimat to the Magi&s;trats of <HI>Edinburgh,</HI> they in place of giving of obedience thereto, have nominate and appointed two Vi&s;itors, whereof <HI>David Pringle</HI> the pre&s;ent Deacon of the Chyrurge|ons is one which is in plain terms, to continue the conjunction of the two Calling of Chyrur|gerie and Pharmacie, and to render the Lords Decreet of Declarator, &s;eparating the &s;ame, Elu&s;ory and of no effect. And in regaird &s;uch In&s;olent proceedings, cannot be ju&s;tified as being a contempt of the Lords Authority, to which the Magi&s;trats and Council of <HI>Edin|burgh,</HI> ought to &s;ubmit and give all obedience. And therefore humbly craving that the Lords without furder delay, would nominate and appoint a Vi&s;itor for conveening the Fra|ternity of Apothecaries to meet on all occa&s;ions, and in Vindication of their own honour and Authori y to inquire &amp; cen&s;ure &s;uch unwarrantable proceedings, whereby notwith&s;tan|ing of the Lords Decreet of Declarator, &s;eparating the two Callings of Pharmacie and Cyrurgerie, the Magi&s;trats and Council of <HI>Edinburgh,</HI> have pre&s;umed to nominate <HI>David Pringle</HI> pre&s;ent Deacon of the Chyrurgeons to be a Vi&s;itor for the Apothecaries, and to di&s;charge the &s;aid <HI>David Pringle</HI> upon pretence of the &s;aid Nommiation, to accept or to act in any &s;uch Capacity, he being by the fore&s;aid Decreet of Declarator altogether incapable to &s;it and meet at the Table of the Apothecaries, but only at the Table of the Chyrurge|ons, which Supplication and de&s;ire thereof, being con&s;idered by the &s;aids Lords, they or|dained the Procurators for the Magi&s;trats and Town Council of <HI>Edinburgh,</HI> to &s;ee and an|&s;wer the &s;amen, which being given up to their &s;aid Procurators to &s;ee, they returned the &s;ame with the An&s;wers following, <HI>viz.</HI> That it is &s;o great in&s;olence in the &s;aid Apothecaries to offer to trouble the Lords with &s;uch a Bill again&s;t the Magi&s;trats, who has been &s;o kind to them, as to allow them to meet, whereas without their allowance, they could not meet nor have any Priviledge at all, and yet the Magi&s;trats have been mo&s;t ungra efully u&s;ed by them, which was very unbecoming any Burge&s;s within the Town, far le&s;s the Apothecaries to whom the Magi&s;trates have done &s;o many favours, but in an&s;wer to the Petition, It was humbly repre&s;ented to the Lords. 1. That it is the undoubted Priviledge of the Burgh of <HI>Edinburgh</HI> granted to them, by the fir&s;t Erection, that no per&s;on can convocat and conveen within the Burgh, unle&s;s by the Authority and appoint|ment of the Magi&s;trats which was confirmed, to them by &s;everal Charters under the great Seal, granted to them by his Maje&s;ties Royal Predice&s;&s;ors. As al&s;o it is expre&s;ly provided by the Seventeenth Act <HI>Parliament</HI> eighteenth, King <HI>James</HI> the Sixt, that no per&s;on nor per|&s;ons, within the Burgh of whatever Rank or condition they be of, pre&s;ume to take upon hand, under what&s;omever Colour or Pretext, to Convocat or A&s;&s;emble them&s;elves together at any occa&s;ion, except they make due intimation of the lawful Cau&s;e of their Meetings to the Provo&s;t and Baillies within Burgh, and obtain their Licence thereto. 2. As this is clear from the Towns Charters by &s;everal Acts of <HI>Parliament,</HI> &s;o it is likeways clear from the Set, and Decreet Arbitral pronounced by <HI>James</HI> his Maje&s;ties Royal Grand-Father of ever bli&s;&s;ed Memorie, by which it is expre&s;ly provided, that neither Merchands among&s;t them&s;elves neither the Crafts and their Deacons or Vi&s;itors, &s;hal have or make any particular or general Conventions, as Deacon with Deacons, Deacons with their Craft or Crafts among&s;t them&s;elves far le&s;s, to make private Laws or Statuts to Poynd and Di&s;tring&yogh;ie at
<PB N="39" REF="20"> their own hands, for tran&s;gre&s;&s;ions without advice and con&s;ent of the Provo&s;t, Baillies and Council, which is confirmed by Act of <HI>Parliament,</HI> by which it is evident, that none of the Crafts can meet among them&s;elves, nor Deacon with Deacons, can warrantablely meet without warrand from the Magi&s;trats, far le&s;s can any other Per&s;ons that are none of the Crafts meet among&s;t them&s;elves without warrand from the Magi&s;trats, who many appoint one to Conveen and proceed among them, and di&s;olve them at their plea&s;ure, and appoint a Vi&s;itor, to any that they &s;hall allow to be in a Fraternity as they &s;hall think fit. 3. The Appothecaries not being any of the Fourteen Trades, which are only allowed by the Set, nor any part of the &s;aids Crafts, they upon Applicat on made to the Chyrurgeons in the year, 1657. de&s;iring to come under their Potection, and that they would interpo&s;e for them to the Magi&s;trats, to allow them to conveen with the Chyrurgeons, and that there may be Vi&s;itors appointed, and to try Intrants, and accordingly the Magi&s;trats by an Act of Coun|cil, did appoint two Vi&s;itors, an Chyrurgeon and Apothecarie, who with one or two of the Baillies and Dean of Gild, might vi&s;it the &s;ufficiencie of all Drugs within the Burgh and Liberties thereof, which Act of the Town Council, was thereafter ratified by expre&s;s Act of <HI>Parliament,</HI> in the year 1670. And be that Act of <HI>Parliament,</HI> it is provided that if any per&s;on &s;hal find them&s;elves prejudged and wronged by the determination of either of the &s;aids Incorporations and Bro<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">her-hood re&s;pective, contrair to the Laws, Rights, Liberties and Priviledges, and power granted to them or either of them, that then, and in that ca&s;e they &s;hall have recour&s;e to the Magi&s;trats and Council of <HI>Edinburgh,</HI> who may determine in the&s;e ca&s;es for both Parties, &s;o that both be the &s;aid Act of Councill, and Act of <HI>Parliament</HI> Ratifying the &s;amen; It is evident, that the Apothecaries can have no Vi&s;itor, but &s;uch as the Town &s;hall appoint, that there has allways been a Chyrurge|on one of the Vi&s;itors, and the Apothecaries having given in a Petition to the Magi&s;trats, Craving that they may have the Sole benefite, and Priviledge of the Act of Council in the year <HI>One Thou&s;and Six Hundred Fiftie Seven,</HI> and the Chirurgeons have given in a counter Petition, that now &s;eing the Apothecaries do &s;eparat them&s;elves from them, and that the Apothecaries were none of the Fourteen Crafts, they ought not to have any Priviledge at all by the &s;aid Act of Council in the year <HI>One thou&s;and &s;ix hundred fifty &s;even,</HI> and the Magi&s;trats that they might do that which was ju&s;t and equal to them both, they did appoint an Apothecarie, and the Deacon of the Chirurgeons to be Vi&s;itors, together with a Baillie and the <HI>Dean</HI> of <HI>Gild,</HI> with Power to the &s;aids Vi&s;itors to do every thing as they were formerlie Impowered to do by the fore|&s;aid Act of Council in the year <HI>One thou&s;and &s;ix hundred fifty &s;even,</HI> which is Ratified by Act of Parliament; So that it is &s;trange with what confidence the&s;e Apothecaries can contravert this new Act of Council made by the Magi&s;trats, being conform to the former Act of Council, and Act of Parliament: And whereas it is pretended that the two Cal|lings being now &s;eparat by Decreet of the Lords, a Chirurgeon ought not to be one of the Vi&s;itors to the Apothecaries. It is An&s;wered, that it being the Priviledge of the Ma|gi&s;trats, that no Per&s;on can meet under the notion of fraternities within the Burgh, unle&s;s by the Magi&s;trats Warrand, they upon that Ground have undoubted Right to appoint one to proceed among them, and to be Vi&s;itors; and the Magi&s;trats are not concerned in the Separation of the Tables, for that cannot derogat from their Priviledge, and they may ap|point any Per&s;on to proceed among&s;t them, albeit he were neither Apothecary nor Chi|rurgeon, but any of the Magi&s;trats may be appointed to Vi&s;it and proceed; but it is like|ways mo&s;t nece&s;&s;ary that an Chirurgean be appointed with an Apothecary to be Vi&s;itors; &s;eing that it is as nece&s;&s;ar to con&s;ider the &s;ufficiency of Drugs as well inward as outward applications; and the Deacon of the Chirurgeons appointed, being an Chirurgeon Apo|thecarie, he has as good Skill of Drugs as any of the Apothcaries, and the Magi&s;trats may appoint any Per&s;on to vi&s;it that has Skill of Drugs; as al&s;o, there is an expre&s;s provi&s;ion in the Patent granted to the Phy&s;ians that all Drugs &s;hall be vi&s;ite by one of the Magi&s;trats of the Town with an Apothecary and Chirurgeon Apothecary, and therefore this being the undoubted priviledge of the Magi&s;trats to name Vi&s;itors, and to appoint any per&s;on they &s;hall think fit to conveen and proceed among&s;t &s;uch Per&s;ons as they &s;hall allow to be in a fraternity, and having accordingly named Vi&s;itors, the Deacon of the Chirurgeons ought not to be Excluded, but the De&s;ire of &s;uch an in&s;olent and ground|le<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">s Bill given in again&s;t the Magi&s;trats by the Apothecaries who ows any Liberty they have to the Town, ought to be refu&s;ed, and they ought to re&s;t &s;atisfied by the Nominati|on made by the Magi&s;trats; And if it were otherways, then any Number of Per&s;ons that pretended to be a Calling, albeit none of them, any part of the Fourteen Trades might
<PB N="40" REF="21"> upon a Petition to the Lords crave a Vi&s;itor, and one to conveen and proceed among&s;t them, and &s;o in place of Fourteen Crafts might have erect a hundred without con&s;ent of the Magi&s;trats, which is down-right contrair to the Burghs Priviledges and the Set of the Burgh, which is confirmed by Act of Parliament; And it was never yet practi&s;ed that any Vi&s;itor, or any Per&s;on that was appointed to proceed in a Fraternity was allowed, but &s;uch as were appointed by the Magi&s;trats; and this being the great Priviledge of the Burgh, which they have by the Set and Golden Charter; It is hoped the Lords will be very tender of the good Towns Priviledge, and not put them in the Ballance with the &s;aid few Apothecaries, in a matter that &s;o much concerns the Towns Priviledges; and there|fore if the lea&s;t difficultie remained with the Lords, humbly craved an hearing in their own pre&s;ence; Whilk Supplication, de&s;ire thereof, and An&s;wers above-written made thereto being at length read, heard, &s;een and con&s;idered by the &s;aids Lords; And they being therewith well and ripely Advi&s;ed, the Lords of Council and Se&s;&s;ion do <HI>pro hac vice,</HI> Nominat and appoint, and hereby Nominats and appoints <HI>John Joi&s;ie</HI> Apothecary Burge&s;s of <HI>Edinburgh</HI> to be Vi&s;itor for conveening the Fraternity of Apothecaries on all oc|ca&s;ions, and have found, and hereby finds that in time coming the Magi&s;<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">rats of <HI>Edinburgh</HI> ought to nominat one o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> the&s;e Per&s;ons, who &s;it and meet at the Table of Apothecaries, to be Vi&s;itor of the &s;aid Fraternity of Apothecaries, <HI>Extractum de Libris actorum per me,</HI> Sic Sub&s;cribitur <HI>George Macken&yogh;ie, Clericus Registri.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Follows another Act in Favours of the Apothecaries of <HI>Edinburgh.</HI></HEAD>
<P>AT <HI>Edinburgh,</HI> the Twenty fifth day of <HI>March, One thou&s;and &s;ix hundred eighty five</HI> years, anent the Supplication given in, and pre&s;ented before the Lords of Coun|cil and Se&s;&s;ion, by the Apothecaries within the Burgh of <HI>Edinburgh,</HI> Shewing that whereas the Lords having by the Decreet of declarator in the Petitioners Favours upon very Rational and important Con&s;iderations Separat the two Callings of Chirurgery and Pharmacy, and Ordained in time coming, the &s;everal Trades to &s;it at different Tables, for making of which Decreet effectual; The Petitioners having thereafter applyed to the Magi&s;trats and Town Council of <HI>Edinburgh</HI> for the time, that they might appoint a Vi&s;itor for conveening the Petitioners Fraternity, which they having refu&s;ed, by the influence and importunity of the Deacons. The Lords did interpo&s;e their Authority by Ordaining them to do the &s;amen; and thereafter they having in an in&s;olent manner given in a &s;ort of a mock Obedience to the Lords Sentence by nominating a Chirurgeon and an Apothecary to be joynt Vi&s;itors of the Petitioners Fraternity, which was in effect a new Con|junction by their own Authority o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e two Trades, which the Lords by &s;o &s;olemn a Decreet has Separat, upon which high and in&s;olent contempt of the Lords Sentences; th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Petitioners having thereafter pre&s;ented a new Petition, Complaining of their &s;aid deportment, the Lords were plea&s;ed, after both the Chyrurgeon-Apothecaries, and the Town of <HI>Edinb<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">rgh</HI> their Procurators had given in An&s;wers to the &s;everal Peti|tions, containing a full repre&s;entation of all their Grounds, and finding that the Town of <HI>Edinburgh</HI> refu&s;ed to give any obedience to &s;upply the &s;amen, by interpo&s;ing the Lords Authority in vindication of their reiterated Acts and Sentences, and did appoint <HI>John Joi&s;|&s;ie</HI> to be &s;ole Vi&s;itor, for conveening the Fraternity of Apothecaries on all occa&s;ions for that year; and did find, that in time-coming the Magi&s;trats of <HI>Edinburgh</HI> ought to nominate one of the&s;e per&s;ons who &s;its at the Table of Apothecaries Vi&s;itor of the Fraternity, And now the Petitioners having applyed to the pre&s;ent Magi&s;trats for nominating a Vi&s;itor for this en&s;uing year, conform to the Lords former Ordinance, being one of the&s;e that &s;its at the Petitioners own Table, and to that effect, having given in a Li&s;t of &s;uch per&s;ons, to the effect they might make a choice, they were &s;o far from having any regard to the &s;aids Lords Sentences and Acts above-mentioned, whereby the Trades were &s;eparate, and they appointed to nominat a Vi&s;itor of the Petitioners own Faternity, which were all given in to the Clerk, and produced before them in Council, that in manife&s;t contempt thereof, by a previous Combination of the Deacons and Trade&s;men, who influences the re&s;t of the Coun|cil, they have again proceeded for this en&s;uing year, to nominat a Chyrurgeon and an Apo|thecary, to be joint Vi&s;itors of the Petitioners Fraternity, and an intrant Apothecary hav|ing applyed for a Tryal, they have recommended him to the &s;aids Vi&s;itors, which they al|ways formerly refu&s;ed; and likewi&s;e they refu&s;e to give the Petitioners out an extract of their &s;aid Nomination, of purpo&s;e to protract this Se&s;&s;ion, that the Petitioners may not have oc|ca&s;ion
<PB N="41" REF="21"> to &s;eek redre&s;s from the Lords: And &s;eing they have no other remeid, but now to apply to the Lords, for vindication of their &s;aids Priviledges, and likewi&s;e of the Lords own Authority, again&s;t &s;o frequent and reiterated acts of Contempt and Di&s;obedience; and there|fore humbly craving, that the Lords would be plea&s;ed as formerly, &s;o far this en&s;uing year; to nominat one of the&s;e who &s;it at the Petitioners own Table, to be their Vi&s;itor, out of a Li&s;t herewith given in or el&s;e to prevent the Lords trouble in all time-coming, to allow the Petitioners them&s;elves to meet and choi&s;e yearly their own Vi&s;itor, and to admit of Intrants by the Petitioners own Authority, &s;eing the Town of <HI>Edinburgh</HI> have &s;o frequently refu&s;ed the &s;ame, as the &s;aid Supplication bears; which being Con&s;idered by the &s;aids Lords, they Ordained the Procurators for the Magi&s;trats and Town-Council of the &s;aid Burgh, to &s;ee the &s;aid Supplication, and to an&s;wer the &s;ame upon Tue&s;day next thereafter; which being accordingly given up to the &s;aids Prucurators to &s;ee, they returned the &s;amen with the An&s;wers following, <HI>viz.</HI> That it is &s;trange with what confidence the Apothecaries can give the Lords the trouble by &s;uch an groundle&s;s and in&s;olent Bill, which doth &s;o highly reflect upon the Magi&s;trats, and it does evidently appear, that it &s;eems they would &s;tate them&s;elves in an Incorporation, without owning their priviledge or dependance from the Magi&s;trats, which is a down right Incroachment upon the Priviledges of the City, that any that en|joys their Trade and Calling within the Good-Town, and are Burge&s;&s;es, &s;hould treat the Magi&s;trats at that rate that the&s;e Apothecaries does, whereas they had never &s;o much as an allowance, nor could not meet on their pretended Fraternity, unle&s;s it had been by the Ma|gi&s;trats tollerance; &s;o that it is mo&s;t improper for them to call the Towns Priviledges in que&s;tion. Therefore it is An&s;wered to the Petition, 1. That whatever Acts or Decreets they may pretend to have in their favours, &s;eparating the two Callings of Chyrurgery and Pharmacy, and appointing di&s;tinct Tables, the Magi&s;trats were not concerned in the&s;e De|creets, they not being called thereto, and &s;o was <HI>res inter alios acta</HI> as to them; and what|ever the&s;e Acts or Decreets may take amog&s;t them&s;elves, yet that can never prejudge the Pri|viledges of the Good-Town. 2. By the <HI>Sett,</HI> which is the fundamental Con&s;titution of the Burgh, and by many Laws and Acts of Parliament, it is expre&s;ly provided, <HI>That there &s;hall be made no Meetings within Burgh, of any Society or Fraternity, but by the Warrand and Authority of the Magi&s;trats:</HI> And if the&s;e Apothecaries, who pretend to a Fraternity, cannot &s;o much as meet and conveen without Licen&s;e from the Magi&s;trats, far more has the Magi&s;trats Power to name who &s;hal proceed among&s;t them, or Vi&s;itors who &s;hal vi&s;it the Drugs in the Apothecaries Shops, and appoint the method and way and manner thereof within the &s;aid Burgh. 3. It is clear by the Patent granted to the Phy&s;icians, that the Drugs are to be vi&s;ited by an Chyrurgeon-Apothecary and an Apothecary, &s;o that the Magi&s;trats and Town-Council having named Vi&s;itors, conform to the Phy&s;icians Patent under the Great-Seal, the &s;amen can never be que&s;tioned as being done contrary to the pretended Priviledges, but what the Good-Town is plea&s;ed to allow them. 4. It is clear by &s;everal Acts of his Maje|&s;ties privy Council, one in <HI>November</HI> and another in <HI>January</HI> la&s;t, po&s;terior to all the&s;e fore|&s;aid Acts and Decreets which the Apothecaries founded upon, whereby it is expre&s;ly ordain|ed, that the Drugs &s;hould be vi&s;ited conform to the Phy&s;icians Patent, and con&s;equently it ought to be done by an Chyrurgeon-Apothecary and an Apothecary, as is provided by the &s;aid Patent: And albeit the la&s;t Act of Council mentions two Apothecaries to be pre|&s;ent, yet that can only be under&s;tood in the terms of the Patent, &s;eing that Act ordains expre&s;ly that the Vi&s;itation &s;hal be made conform to the Patent. And &s;eing that by the Decreet &s;e|parating the two Callings, it is expre&s;ly provided that the Chyrurgeon-Apothecaries that was then in exerci&s;e of both Callings, &s;hould continue in exerci&s;e of the &s;amen during their lifetimes, &amp; that the Magi&s;trats &amp; Town-Council has appointed an Chyrurgeon-Apothecary, who by the &s;aid Decreet has the liberty and freedom of exerci&s;ing both Callings to be join|ed with an Apothecary for vi&s;iting the Drugs, the &s;aid Nomination &s;o deliberatly done by the Town-Council ought to be &s;u&s;tained; and it is humbly expected of the Lords Ju&s;tice, that they would be tender of the Priviledges of the Good-Town, and not to take from them that which is their greate&s;t Priviledge, which they enjoy by the <HI>Sett,</HI> and their ancient Rights, and Golden-Charter, granted to them by the Kings Maje&s;ties Royal Predece&s;&s;ors, <HI>That no Society or Fraternity &s;hall be allowed to meet within Burgh, but whom the Magi&s;trats and Town-Council &s;hould allow; and that none &s;hall proceed or conveen the &s;aid Fraternity, nor be appointed Vi&s;itors, but whom the Magi&s;trats and Town-Council &s;hall think fit:</HI> For if it &s;hould be otherways &s;u&s;tained, it would tend directly to overturn the fundamental and ancient Priviledges of the Burgh, and therefore the de&s;ire of the Bill, as being mo&s;t ground|le&s;s and in&s;olent and impertinent ought to be refu&s;ed. Which Supplication, and de&s;ire
<PB N="42" REF="22"> thereof, and An&s;wers above-written made thereto, being all at length read, heard, &s;een and con&s;idered by the &s;aids Lords. <HI>The Lords of Council and Se&s;&s;ion, in regard of the &s;aids Magi&s;trats and Town-Council their irregular Nomination of Vi&s;itors, contrair to the &s;aids Lords their former Act, Do as of before,</HI> pro hace vice, <HI>Nominat and Appoint, and hereby No|minats and Appoints</HI> John Fowlis <HI>Apothecary to be Vi&s;itor for Conveening the Fraternity of</HI> Apothecaries <HI>upon all occa&s;ions: And have found, and hereby finds, that the Magi&s;trats in time-coming ought to nominat one of the&s;e per&s;ons who &s;it and meet at the Table of</HI> Apothecaries, <HI>to be Vi&s;itor of the &s;aid Fraternity.</HI> Extractum de libris Actorum, per me, <HI>Sic &s;ub&s;cribitur,</HI> Geo: Macken&yogh;ie, <HI>Cler. Regi&s;tr.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Follows the Ratification in favours of the <HI>Apothecaries</HI> of <HI>Edinburgh.</HI> At <HI>Edinburgh,</HI> the &s;ixteenth day of <HI>June,</HI> one thou&s;and &s;ix hundred eighty and five years.</HEAD>
<P>OUR SOVERAIGN LORD, with Advice and Con&s;ent of the E&s;tates of Parliament: Ratifies, Approves, and perpetually Confirms to and in favours of the Fraternity of Apothecaries within the Burgh of <HI>Edinburgh,</HI> all Liberties, Priviledges, Immunities, Seals of Cau&s;e, or others what&s;omever conceived in their favours, or granted to them at any time what&s;omever, either by his Maje&s;ty, or the Good-Town of <HI>Edinburgh:</HI> And likewi&s;e, all Decreets, Acts, Sentences in their favours, either of his Maje&s;ties privy Council, Lords of the Se&s;&s;ion, or any other Judicatory within this Kingdom, which are relative to their &s;aids Privilidges, and &s;pecially but prejudice of the generality of an Decreet of Declarator before the Lords, dated the twenty fourth day of <HI>March</HI> one thou&s;and &s;ix hundred and eighty two years: <HI>Declaring,</HI> That the Imployments of <HI>Chyrurgery</HI> and <HI>Pharmacy</HI> are di&s;tinct, and that the &s;amen &s;hould not be exerci&s;ed by one per&s;on within the City of <HI>Edinburgh</HI> and Li|berties thereof, and all other Heads, Articles and Interloquitors conceived in their favours contained in the &s;aid Decreet; And likewi&s;e, two &s;everal Acts of the Lords of Se&s;&s;ion, one dated the twenty &s;ixth day of <HI>March</HI> one thou&s;and &s;ix hundred and eighty four years, and the other the twenty fifth day of <HI>March</HI> one thou&s;and &s;ix hundred and eighty five years, whereby the &s;aids Lords, upon the Town of <HI>Edinburghs</HI> refu&s;al, did them&s;elves nominat one who &s;its at the Table of the Apothecaries to be Vi&s;itor to their Fraternity, and likewi&s;e found, that the Magi&s;trats of <HI>Edinburgh</HI> ought in all time-coming to nominat &s;uch a per&s;on to be their Vi&s;itor. Extracted furth of the Records of Parliament, by <HI>George</HI> Vi&s;count of <HI>Tarbat,</HI> Lord <HI>Mackleod</HI> and <HI>Castlehaven,</HI> Clerk to his Maje&s;ties Parliament, Council, Re|gi&s;ters and Rolls, <HI>&amp;c. Sic &s;ub&s;cribitur,</HI> TARBAT, <HI>Cler. Regi&s;tr.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>ACT in Favours of the Fraternity of the Apothecaries of <HI>Edinburgh.</HI></HEAD>
<P>AT <HI>Edinburgh</HI> the ninth Day of <HI>March,</HI> one thou&s;and &s;ix hundred and eighty &s;ix years, anent the Supplication given in and pre&s;ented to the Lords of Council and Se&s;&s;ion by the Fraternity of Apothecaries within the Burgh of <HI>Edinburgh,</HI> Shewing, that where the &s;aids Lords by the Decreet of Declarator in the Petitioners favours upon very Rational and Important Con&s;iderations, &s;eparate the two Callings of Chirurgery and Phar|macy, and ordained in time coming the &s;aids two Trades to &s;it at different Tables, for making which Decreet effectual, the Petitioners having thereafter applyed to the Magi&s;trats and Town-Council of <HI>Edinburgh,</HI> for the time that they might appoint a Vi&s;itor for con|veening the Petitioners Fraternity, which they having then refu&s;ed, the &s;aids Lords did interpone their Authority by ordaining them to do the &s;ame, and thereafter they having in an in&s;olent manner, to elude the &s;aids Lords Sentence, nominate an Chyrurgeon and an Apothecary to be joynt Vi&s;itors of the &s;aids Petitioners Fraternity, upon which the Petiti|oners did pre&s;ent a new Petition complaining of the &s;aid Deportment, the &s;aid Lords were plea&s;ed upon Con&s;ideration of the Bill and An&s;wers, whereby it appeared that the Town of <HI>Edinburgh</HI> did refu&s;e to give any Obedience to interpo&s;e their own Authority by ap|pointing <HI>John Jois&s;ie</HI> to be &s;ole Vi&s;itor for conveening the Fraternity of the Appothecaries for that year on all Occa&s;ions, and did find by their Interloquitor that in time coming, the Magi&s;trats of <HI>Edinburgh</HI> ought to nominate on of the&s;e Per&s;ons who &s;it at the Table of Ap|pothecaries Vi&s;itor of the Fraternity, and notwith&s;tanding of which Nomination and De|liverance in the Petitioners Favours, they having for the next en&s;uing year again applyed to the Magi&s;trats and Town-Council that they would nominat a Vi&s;itor of their own Fra|ternity,
<PB N="43" REF="22"> and having for that effect given in a Li&s;t of &s;everal Per&s;ons of their own number that they might choice, they had &s;o little regard to the &s;aids Lords their former Ordination, that for that year they did again proceed in manife&s;t contempt and Deri&s;ion of the &s;aids Lords Authority to nominat an Chirurgeon and an Apothecary to be joynt Vi&s;itors of the Peti|tioners Fraternity which the &s;aids Lords at the end of the la&s;t Se&s;&s;ion did &s;o far re&s;ent, that upon a new Petition given in by the Petitioners, repre&s;enting, that the &s;aids procedure did Nominat and appoint <HI>John Fowlis</HI> Apothecary to be Vi&s;itor for that year, and found by their Interloquitor, that in all time coming, the Magi&s;trats ought to nominate one who &s;its at the Apothecaries Table to be Vi&s;itor of the Fraternity, and that the Nominations made by the Magi&s;trats at that time were irregular, as the &s;everal Acts therewith produced will te&s;tify; and likewi&s;e in farder Te&s;timony of the &s;aids Lords Di&s;plea&s;ure, they did call in the Town A&s;&s;es&s;ors for the time, and did publickly cen&s;ure them for giving &s;uch unrea&s;onable Advice in Contempt of the &s;aids Lords Sentences, and although the Petitioners might now have ex|pected that the Lords &s;o frequent reiterated Ordinances would have met with very punctual Obedience, yet now the third time they have proceeded to that pitch of Contempt and Di&s;o|bedience to the &s;aids Lords their Authority, that the Petitioners having applyed for a Vi|&s;itor for this en&s;uing year, and conform to the &s;aids Lords their Decreet and Ordinances, and having given in a li&s;t for that effect, they have conform to their former Cu&s;tom again proceeded to Nominate an Apothecary and Chirurgeon to be Vi&s;itors of the Petitioners Fraternity, which to the high and manife&s;t contempt of the &s;aids Lords Authority, that tho' the Petitioners &s;hould be &s;ilent the &s;aids Lords are concerned to vindicate the &s;ame, and to fall upon &s;ome expedient for the Future for making the &s;aids Lords Decreets in the Petitioners Favours effectual, and preventing &s;uch Incroachments upon the Petitioners priviledges, that it may not be in the power of the Town of <HI>Edinburgh</HI> to reunite the&s;e two Trades which the &s;aids Lords has &s;eparat by &s;o &s;olemn a Decreet which is all upon the matter as to a&s;&s;ume to them&s;elves the power of reducing the &s;aids Lords Sentences; and therefore humbly crav|ing that the &s;aids Lords would be plea&s;ed as they did for the&s;e two years preceeding to no|minat <HI>pro hac vice</HI> one of the Petitioners own Fraternity conform to a Bill given in; And likewi&s;e &s;eing that every year the &s;aids Lords met with this trouble, and the Magi&s;trats &s;eem to be ob&s;tinate in their Di&s;obedience to the &s;aids Lords Decreet, that therefore the &s;aids Lords in time coming for preventing &s;uch trouble, would allow the Petitioners to choice their own Vi&s;itor in all time comeing, as in the &s;aid Supplication is at more length con|tained, whilk Supplication and de&s;ire thereof being con&s;idered by the &s;aids Lords, they or|dained the Magi&s;trats of <HI>Edinburgh</HI> their Procurators to &s;ee the Petition and to an&s;wer there to again&s;t the next day thereafter <HI>peremptorie;</HI> And the &s;aids Magi&s;trats of <HI>Edinburgh</HI> their Procurators having fail&yogh;ied to give in An&s;wers to the &s;aid Petition, the &s;aids Lords in re&s;|pect thereof granted warrand to Macers to cite the Magi&s;trats of <HI>Edinburgh</HI> to compear and an&s;wer to the Petiton above-written, upon <HI>Tue&s;day</HI> next being the day and date of thir pre&s;ents, and appointed them this day to produee the Act mentioned in the fore&s;aid Petition, whereby they did Nominat an Apothecary and a Chyrurgeon Vi&s;itors of the Fraternity of Appothecaries for this year by vertue whereof, upon the eight day of <HI>March</HI> in&s;tant, <HI>William Maxwell</HI> one of the Ma|cers before the Lords lawfully Cited the Provo&s;t, Baillies, Dean of Gild, and The&s;au|rer of the &s;aid Burgh of <HI>Edinburgh,</HI> pre&s;ent Magi&s;trats thereof, to Compear before the &s;aids Lords this day, bringing with them the fore&s;aid Act, in obedience whereunto com|peared the &s;aids Magi&s;trats of <HI>Edinburgh,</HI> in pre&s;ence of the &s;aids Lords by Sir <HI>John Lauder</HI> Advocat their Procurator, who for them produced two Acts of Council, the one where|of is dated the twenty &s;ixth day of <HI>February</HI> la&s;t by pa&s;t, whereby the &s;aids Magi&s;trats of <HI>Edinburgh</HI> Elected and choi&s;ed <HI>John Joi&s;ie</HI> Apothecary to be Vi&s;itor for this en&s;uing year, for conveening of the &s;aid Fraternity of Apothecaries upon all occa&s;ions, and the other of the &s;aids Acts dated the third day of <HI>March</HI> in&s;tant, whereby the &s;aids Magi&s;trats up|on a Petition given in by the Chirurgeon Apothecaries of the &s;aid Burgh, appointed <HI>David Pringle,</HI> Chirurgeon Apothecary to be Vi&s;itor for the Chirurgeon Apothecaries for this en&s;uing year, providing it be agreeable to the Lords Decreet, and Acts made anent the Apothecaries and Chirugreon Apotheciares; and the Patent granted by his Maje&s;tie to the Colledge of Phy&s;icians and no otherways, as the &s;aids two Acts bears, which Supplica|tion and de&s;ire thereof, with the fore&s;aids two Acts produced by the Magi&s;trats of <HI>Edin|burgh,</HI> in obedience to the &s;aids Lords their Ordinance above-expre&s;t, by the fir&s;t of which they did nominat <HI>John Joi&s;ie</HI> Vi&s;itor, and by the la&s;t <HI>David Pringle</HI> Chirurgeon Apothe|carie, Vi&s;itors for the Chirurgeon Apothecaries, being all at length heard, &s;een and con|&s;idered
<PB N="44" REF="23"> by the &s;aids Lords, and they therewith being well and reaply advi&s;ed; The &s;aids Lords have found, and hereby finds the la&s;t Nomination of <HI>David Pringle</HI> to be void &amp; null, and declares the &s;amen to bear no Faith in Judgement, nor out with the &s;ame in time coming, and have appointed, and hereby appoints <HI>John Joi&s;ie</HI> to be &s;ole Vi&s;itor for con|veening the Fraternity of Apothecaries this year at all Occa&s;ions, and the &s;aids Lords de|clare that if the Magi&s;trats and Town Council of <HI>Edinburgh,</HI> &s;hall at any time hereafter contraveen the former Act by nameing a Chirurgeon Apothecary Vi&s;itor for the Fraternity of the &s;aids Apothecaries yearly, they will allow the &s;aids Apothecaries to name their own Vi&s;itor in all time coming. <HI>Extractum ex Libro actorum per me,</HI> Sic Sub&s;cribitur. TARBAT. <HI>Clk.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>One other Act in Favours of the Fraternity of the Apothecaries of <HI>Edinburgh.</HI></HEAD>
<P>AT <HI>Edinburgh,</HI> the Thirty day of <HI>June, One thou&s;and &s;ix hundred and eighty &s;even years,</HI> anent the Petition given in, and pre&s;ented to the Lords of Council and Se&s;&s;ion by the Fraternity of Apothecaries within the Burgh of <HI>Edinburgh,</HI> &s;hewing that whereas the Lords after the Decreet of Separation of the two Callings of Pharmacy and Chirurgery did appoint them to &s;it at different Tables, and likeways did appoint the Town of <HI>Edinburgh,</HI> by &s;everal Acts and Deliverances to nominat one of their Fraternity to be Vi&s;itor o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> the Calling, &amp; the Town being &s;o influenced by the Chirurgeon Apothecaries who are one of the Trades, as always to Nominat one of their own Number to be their Vi&s;itor in manife&s;t contempt of the Lords frequent and reiterated Acts, which the Lords did find &s;o unrea&s;onable, and incon&s;i&s;tent with the ends of the S<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">paration, that now for th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;e five or &s;ix years la&s;t by pa&s;t, when the Town did nominat an Chirurgeon Apotheca|rie to be Vi&s;itor, the Lords did mo&s;t ju&s;tly Re&s;cind the &s;aid Nomination, and every year &s;ince the &s;aid Separation in re&s;pect of their contumacy and di&s;obedience did nominat one of the Petitioners number to be Vi&s;itors, and by an Act in the Petitioners Favours, in <HI>March, One thou&s;and &s;ix hundred</HI> and <HI>eighty &s;ix years,</HI> the Lords did not only Re&s;cind the Nominati|on of <HI>David Pringle,</HI> and did nominat <HI>John Joi&s;ie</HI> in his place who is a &s;imple Apothecarie to be Vi&s;itor of the Fraternity for the then en&s;uing year, but likeways declared that if the Magi&s;trats and Town Council of <HI>Edinburgh,</HI> &s;hould at any time thereafter nominat an Chi|rurgeon Apothecary to be the Petitioners Vi&s;itor, that they would devolve upon the Petiti|oners them&s;elves, the Nomination in all time coming of their own Vi&s;itor; And likeways the Petitioners having applyed to the Lords in <HI>December</HI> la&s;t, upon the Illegal Nomination of <HI>John Baillie,</HI> and Mr. <HI>James Mackmath,</HI> the Town of <HI>Edinburgh,</HI> and the Chirurgeon A|pothecaries did give in an An&s;wer founded upon an Patent from His Maje&s;tie in their Fa|vours, taking off the &s;aid Decreet of Separation and reuniting the Trades, and the Lords by their Deliverance after they were three or four times Ordained to produce the &s;aid Pa|tent, did at length in re&s;pect of their refu&s;eal to produce the &s;amen Di&s;charge the two Per&s;ons then Nominat to Officiat, and did appoint <HI>John Joi&s;ie</HI> to conveen who was former|ly Nominat by the Lords until the expiring of the year for which he was Nominat, and now the year being elap&s;ed, and the Petitioners having again applyed to the Town Coun|cil, and gave in a Li&s;t of the&s;e of the Petitioners Fraternity, the Ma|gi&s;trats by their Deliverance, have not only refu&s;ed the De&s;ire of the Bill, in re&s;pect of the Patent granted in Favours of the Chirurgeon Apo|thecaries, but have appointed the two per&s;ons whom the Lords formerly di&s;charged to Officiat, to be again received, <HI>viz. John Baillie,</HI> and Mr. <HI>James Mackmath.</HI> And there|fore humbly craving, that &s;eing the Lords by their Deliverance in <HI>March</HI> one thou&s;and &s;ix hundred and eighty &s;ix years, declared, if the Town-Council would proceed to nominat an Chyrurgeon-Apothecary to be the Petitioners Vi&s;itor in time-coming, the Lords would allow the Petitioners to nominat their own Vi&s;itor; and likewi&s;e they have refu&s;ed to produce their Patent to the Lords in <HI>December</HI> la&s;t, though they founded their An&s;wers thereupon to the Petitioners Petition, that therefore the Lords would be plea&s;ed upon the Con&s;iderations fore&s;aid, in the fir&s;t place to di&s;charge <HI>John Baillie,</HI> &amp; Mr. <HI>James Mack|math</HI> to Officiat in the &s;aid Office, as the &s;aids Lords did formerly in <HI>December</HI> la&s;t, and to Nominat one of the Petitioners number, according to the Li&s;t given in, or to free the Lords of this perpetual trouble, that the Lords would allow the Petitioners the Nomination of their own Vi&s;itor in all time-coming, as the &s;aids Lords declared by their Deliverance in <HI>March</HI> one thou&s;and &s;ix hundred and eighty &s;ix years. Whilk Petition and de&s;ire thereof,
<PB N="45" REF="23"> being read in Audience of the &s;aids Lords, and they being therewith well and <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">+vi&s;ed: The Lords of Council and Se&s;&s;ion, have di&s;charged, and hereby di&s;charges <GAP DESC="illegible" RESP="MURP" EXTENT="1 span"> <GAP DESC="illegible" RESP="MURP" EXTENT="3 letters">+&s;ons Nominat Vi&s;itors by the Town-Council of <HI>Edinburgh</HI> to Officiat, and have Nom<GAP DESC="illegible" RESP="MURP" EXTENT="6 letters"> and Appointed, and hereby Nominats and Appoints <HI>Hugh Neil&s;on</HI> to be Vi&s;itor of the <GAP DESC="illegible" RESP="MURP" EXTENT="1 span"> <GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">ternity of the Apothecaries for this year. <HI>Extractum ex libro actorum, per me, &s;ic &s;ub&s;c<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">+bitur.</HI> Al Gib&s;on.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>One other Act in Favours of the Fraternity of Apothecaries of <HI>Edinburgh.</HI></HEAD>
<P>AT <HI>Edinburgh,</HI> the Ninteen day of <HI>July,</HI> 1683, years, Anent the Petition given in, and pre&s;ented to the Lords of Council and Se&s;&s;ion, be the Fraternity of the Apothe|caries within the Burgh of <HI>Edinburgh.</HI> Shewing that whereas the Lords having by their Decreet &s;everal years ago, upon very rational and Important Grounds, &s;eparat the two Callings of Pharmacy and Chyrurgerie, and for makeing the &s;aid Separation effectual, did appoint them to Sit at two different Tables, and the Lords having afterwards appoin|ted the Town of <HI>Edinburgh,</HI> by &s;everal Acts and diliverances to nominat, one of their Fraternity to be Vi&s;itor of the Calling, and the Town having always complyed with the Chyrurgeon-Apothecaries, who are one of their Trads, to nominat one of their Number to be Vi&s;itors to the Apothecaries, which the Lord did find &s;o unrea&s;onable, and Incon|&s;i&s;tent with the ends of the &s;eparation, that now for the&s;e four years by pa&s;t, when they did nominat an Chyrurgeon-Apothecarie, the Lords did mo&s;t ju&s;tly re&s;cind the &s;aid Nominati|on, and in re&s;pect of their Contimacie and di&s;obedience, did them&s;elves nominat, ane &s;im|ple Apothecarie for the&s;e &s;everal years by pa&s;t, and did &s;o far re&s;ent the di&s;obedience that in <HI>March,</HI> 1685, years, Sir <HI>Patrick Hume</HI> the Towns A&s;&s;e&s;&s;or, for the time was called in before the Lords, and publickly rebuked, for giving the Town &s;o unrea&s;onable an advice, and particularlie in <HI>March,</HI> 1686, years, the Lords by their Act in the Apothecaries fa|vours, which is produced in Proces, &s;and that the Nomination of <HI>David Pringle</HI> a Chyrur|geon-Apothecarie, was void and null, and in his place appoint <HI>John Joi&s;ie</HI> a &s;imple Apothe|carie, to be &s;ole Vi&s;itor for that year, and farder declared, that if the Magi&s;trats and Town Council of <HI>Edinburgh,</HI> &s;hould at an time thereafter nominate ane Chyrurgeon-Apothecarie to be Vi&s;itor of the Apothecaries Fraternity, that the Lords would allow the Petitioners, to name their own Vi&s;itor in all time coming, likeas the Town Council of <HI>Edinburgh,</HI> hav|ing in <HI>December,</HI> 1686, years, upon pretence of a Patent lately obtained from his Maje&s;ty, in favours of the Chyrurgeons-Apothecaries, taken upon them to Nominat a Vi&s;itor to the Petitioners Fraternity, notwith&s;tanding that <HI>John Joi&s;ie,</HI> was at the time Vi&s;itor be the Lords own appointment, and that this year was not expired, the Lords were plea&s;ed by their Interloquitor upon the eighteen of <HI>December,</HI> the &s;aid year to Di&s;charge the Vi&s;itor, appointed be the Town Council, and to continue the &s;aid <HI>John Joi&s;ie</HI> Vi&s;itor of the Petitioners Fraternity, until the expiring of the year, for which he was nominat by the Lords. And farder in <HI>Anno</HI> 1687, the Petitioners did apply to the Town Council, to no|minat a Vi&s;itor which they having delayed, the Petitioners were nece&s;&s;itat again to mean them&s;elves to the Lords, and after hearing all the an&s;wers given in by the Town Council, the Lords did appoint <HI>Hugh Nil&s;on</HI> to be Vi&s;itor for that year, as is evident by the Act pro|duced in Proces, and now the Petitioners having again applyed to the Magi&s;trats and Town Council, to appoint a Vi&s;itor to the Petitioners Fraternity for this year, they have after their u&s;ual manner delayed to give any an&s;wer, and &s;ince the Petitioners have no other|ways of Redre&s;s, again&s;t &s;o frequent and reiterated Acts of contempt, and di&s;obedience to the Lords Authority, and incroachments upon ju&s;t Priviledges, but to make a new Com|plaint and Repre&s;entation of the &s;aids abu&s;es, and therefore humbly Craving the Lords would con&s;ider the former Acts for the&s;e &s;everal years by pa&s;t, and particularly that in <HI>March,</HI> 1686, whereby the Lords nominate <HI>John Joi&s;ie</HI> for that year, and declaired that if the Town did nominat in any time thereafter a Chyrurgeon-Apothecarie, that the Lords would allow the Petitioners to choi&s;e and nominat their own Vi&s;itor, as the la&s;t Act in <HI>June,</HI> 1687. appointing <HI>Hugh Neil&s;on</HI> to be Vi&s;itor for that year en&s;ueing, and to &s;ave the Lords from all furder trouble, to declair that in all time coming, that the Petitioners &s;hall have liberty to Choi&s;e, and nominat their own Vi&s;itor, as in the &s;aid Petition at more length, is con|teained whilk Petition being Read in Audience of the &s;aids Lords, they ordained the Pro|curators of the Town of <HI>Edinburgh,</HI> to &s;ee the &s;aid Petition, and an&s;wer the &s;ame the next day peremptorie, according whereinto the Procurators of the &s;aid Town of <HI>Edinburgh,</HI> having got up the Petition to &s;ee, they reproduced the &s;amen, and gave in the an&s;wers
<PB N="46" REF="24"> <GAP DESC="illegible" RESP="MURP" EXTENT="1 span"> as follows, <HI>viz.</HI> It is an&s;wered that their being a Petition given in to the Town <GAP DESC="illegible" RESP="MURP" EXTENT="4 letters">cil of <HI>Edinburgh,</HI> by the &s;imple Apothecaries, the beginning of this Moneth of <HI>July,</HI> <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ving that the Magi&s;trats would nominat one of their Number, to be Vi&s;itor for this en|<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">eing year, the Town Council of <HI>Edinburgh,</HI> did mo&s;t warrantably and Moderatly carie <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">erein, by ordaining the Chyrurgeon-Apothecaries, to &s;ee and an&s;wer the fore&s;aid Petition, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ut before their an&s;wers could be given, or the Magi&s;trats could medle with it, the Conven|<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">on of Burrows, and the Lord Provo&s;t his going to Court &s;o Interveened, that the Town Council could give no an&s;wer to the fore&s;aid Petition, while that now after mature deliber|ation, and takeing his Maje&s;ties Royal Gift, re&s;toring the Chyrurgeon-Apothecaries to their former Priviledges, notwith&s;tanding of ane previous Decreet of Separation, with a Letter from the Secretary of State, direct to the Lord High Chancellour, bearing his Maje|&s;ties Inclinations, that his Lord&s;hip and the Pre&s;ident of the Se&s;&s;ion, &s;hould con&s;ider both Patents, Decreets of Separation, and all other differences betwixt the Phy&s;itians, Chyrurge|ons-Apothecaries, and &s;imple Apothecaries, that the &s;ame Might be reported to his &s;acred Maje&s;tie, and the determination might be made by his Maje&s;tie, as might end the&s;e Debats betwixt them, and in the mean time Stopping all Proce&s;s relating thereunto, until his Maje&s;ties further plea&s;ure &s;hould be known therein, they have upon &s;uch unquarrellable grounds, and his &s;acred Maje&s;ties Plea&s;ure and Command &s;o often repeated to them, declared that they can do no Deed prejudicial there|to, until the will of the &s;aid Letter be fulfilled, or the new Gift in favours of the Chyrur|geon Apothecaries be reduced, as the Double of the &s;aid Letter from the Secretary of State direct to the Lord High Chancellor, with the double of the &s;imple Apothecaries Petition to the Town Council of <HI>Edinburgh,</HI> and their Deliverance on the back thereof produced te&s;ti|fied; by all which it appears that the Magi&s;trats of <HI>Edinburgh</HI> have not been <HI>in mora,</HI> as is fal&s;ly &s;ugge&s;ted, but they as all their Predece&s;&s;ors have &s;till given ready Obedience to his Maje&s;ties Commands, and did not think it fit after &s;o full and ample a Gift to &s;uch a di&s;tinct &amp; clear Letter, to meddle with either Parties therein, but the Truth is, this Affair is managed by a Company of &s;ome head-&s;trong People, who make it their Bu&s;ine&s;s to creat<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> Divi&s;ion, and make Parties in all the Societies and Incorporations of the Town, and who being &s;worn Burge&s;&s;es thereto, for which calumnious Petitions as they have given in the&s;e &s;everal years bygone again&s;t the Magi&s;trats of <HI>Edinburgh</HI> their Patrons, they ought not only to be &s;ever|ly puni&s;hed therefore, but in all time coming be di&s;charged to give in &s;uch Petitions, or at lea&s;t while the Lords gave their final Sentence in the whole matter as his Maje&s;ty requires, otherways this may be an incouragement to the meane&s;t Inhabitant of the Town to mi&s;re|pre&s;ent the Magi&s;trats, who are acting and doing nothing but by his Maje&s;ties Command, e&s;pecially &s;eing the whole Affair is managed but by two or three di&s;contented Apothecaries, the major part refu&s;ing to comply therein, as the &s;aid An&s;wers bears, which Petition and An&s;wers made thereto being all at length heard, read, &s;een and con&s;idered by the &s;aids Lords, and the Copy of the Secretaries Letter given in theirwith, &amp; they therewith being well &amp; ripely advi&s;ed. The Lords of Council and Se&s;&s;ion have Nominat and Appointed, and thereby no|minats and appoints <HI>John Joi&s;ie</HI> &s;imple Apothecary, Vi&s;itor to the Fraternity of Apothe|caries for that en&s;uing year. <HI>Extractum de libro actorum per me, Sic &s;ub&s;cribitur</HI> Al. Gib&s;on.</P>
</DIV2>
<PB REF="24">
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
