of Causes to be discust and accordingly the said Action being inrolled and having come in by the course the Roll of Causes to be discust was called in presentia at which time both the saids Parties having likewise compeared by their respective Procurators above-named the Procurators for the Chyrurgeon-Apothecaries repeated the foresaid Summonds of Declarator raised at their instance and for instructing thereof repeated the production formerly made by them of the particular Writs above-mentioned which are of the several dates tenors and contents respectivè libelled upon in the foresaid Summonds As also they repeated the foresaid Action before the Baillies of Edinburgh against the said Patrick Cunninghame for the particular Contraventions condescended on and craved he might be holden as confest in respect he refused to depone Which Action being Advocat They then insisted in the same as likewise in the foresaid Action of Declarator of the Chyrurgeons their privilidges upon the several priviledges contained in the Seal of Cause and other Rights granted to them by the Town of Edinburgh who by their Erection have power from the King to grant the same and which Seal of Cause is ratified by King James the 4th under the privy Seal upon the 13 day of October 1506 and by King James the 6th likewise under the privy Seal upon the 6th of June 1613 years and the Act of town-Town-Council dated the 10th of February 1641 years and ratified in Parliament the 17th of November the same year and several other Acts of the town-Town-Council in their favours for the better exercising their Calling which are all ratified in parliament upon the 22 day of August 1670 years and whereof they have been in the controverted possession as is instructed by several Sentences before the Town-Court of Edinburgh against the Contraveeners wherein they craved it might be declared that the saids Chyrurgeons have the sole priviledge of the exercising of Chyrurgery and that all others Unfreemen might be declared and that they might call the Contraveeners before the Magistrats and use all legal probation against them and that summarly conform to their Rights and Customs of Burgh and the above-named Procurators for the saids Apothecaries likewise Repeated the foresaid Summonds of Reduction and Declarator raised at their instances by way of Defence In which they insisted Primo Upon that Conclusion of the foresaid Summonds that they cannot be obliged to depone for thir Reasons 1. That it might involve the persons alledged Contraveeners in Perjury seing it cannot be imagined that they can remember every individual Act. 2. It would oblige them to discover the Diseases Conditions of their Patients which were absurd contrary to that Secrecy which their Calling obliges them to Tertio 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 several Trades but all that is allowed them is to Sease the Work and if they can deprehend them in the Act to punish them Secundo they Insisted in the second Ground of Declarator viz. That the Chyrurgeons might hold them by their own Trade and might not exercise the Art of both Chyrurgery and Pharmacy for thir Reasons Primo in no well governed City one and the same Person is allowed to Exerce distinct Trades Secundo if the same were allowed here the Chyrurgeons being both Chyrurgeons and Apothecaries would render the Apothecaries Employment as de facto They do altogether insignificant seing they as Burgesses can be Apothecaries when they please and the Apothecaries cannot be Chyrurgeons without they serve an Apprentiship or Marry a Chyrurgeons Daughter albeit they were never so well qualified and the Art of Pharmacy being the nobler Art as being conversant about the Inside of the Man ought to have rather greater as less Encouragements as Chyrurgeons Tertio they Insisted on the third Ground of their Declarator viz. That the Liberty of making and applying of Searcloths to dead Bodies should be declared proper to them in respect that the Searcloth is a Drug and is not made use of for any Chyrurgical Operation being applyed only to dead Bodies And Insisted likewise upon the fourth Ground of Declarator viz. That it should be Declared that the Apothecaries has the only Priviledge of Administrating of Physick inwardly and that Phlebotomy common to them is the Chyrurgeons in respect that Phlebotomy is often requisit in Inward Distempers with which the Chyrurgeons does not meddle and sometimes must be so speedily Administrat as cannot admit of so much time as to send for a Chyrurgeon without eminent Danger of the Patients Life as in Plurasies and other violent Diseases To which it was Replyed for the Chyrurgeons That notwithstanding of the Defence Patrick Cuninghame must Depone or be holden as confest nor cannot be Declared that the Contraveeners of the Chyrurgeons Priviledges shall not be obliged to Depone in respect that by the Pursuers their Seal of Causes it is expresly provided that they may use all legal Probation against the Contraveeners and that the Oath of Party is a legal Probation cannot be contraverted Secundo They have been in constant Possession of this manner of Probation the Deeds of Contravention being always within closs Doors and often under silence of night perfected in a sudden and leaves not Work behind it that may be apprehended as other Manual Trades does And it is of no Weight to pretend that it would be the Occasion of discovering Patients Diseases for any that has a mind to conceal their Diseases may employ a Freeman and so not incur the hazard But to take off all Caval the Pursuers do Declare that they are content it be Declared that Unfreemen should not be obliged to Depone upon Contraventions in general but where the Acts are particularly lybelled as is particularly â—one in Patrick Cuninghames case here which is a Confession more as in Law can be required seing Oaths in general are frequently taken in things of less concern as Mulâ—â—â—-Oâ—ths cutting of Wood killing of Fish c. As to the second Ground of the Declarator viz. Chyrurgeons should not be Apothecars It is answered That the same is absurd for thir Reasons Primo For Erecting of the Fraternity produced for they are no Trade and have no Seal of Cause as other Trades have any Burgess of Edinburgh if he were a Black Smith if free to be an Apothecary if he be able to undergo a Tryal and it were strange to allow it to all Burgesses to deny it to the Chyrurgeons who of all Burgesses are presumed to understand it best Secundo By the Erection of that Fraternity it appears that the Chyrurgeon-Apothecaries were the great Procurers And that they taking to their Consideration that the Leiges were abused by unskilful Persons taking upon them to sell and prepare Drugs did procure the said Erection of a Fraternity excluding unskillful persons that could not bide a Tryal
Edinburgh and their Successors Ratifying their Rights and Priviledges in manner after-mentioned And accordingly his Majesties dearest Grandfather by His Letters past and expede under the said Privy Seal of the Date foresaid Ratified and for His Majesty and His Highness Successore perpetually Confirmed The saids Letters made and granted by the saids Provost and Baillies of Edinburgh and Council thereof under their said common Seal of Causes of the Date above-mentioned to and in Favours of the saids Chyrurgions and Barbars of the said Burgh of Edinburgh from all and sundry the foresaids Priviledges Freedoms Liberties and Immunities above-written at length specified in the said Seal of Causes and Ratified and Approved and for him and his saids Successors perpetually Confirmed the foresaid Letter of Ratification and Approbation made and granted by the said deceâ—â— King James the Fourth of most worthy Memory under the Privy Seal of the s id ant ent Kingdom of Scotland of the Date foresaid whereby the foresaids Rules Statutes and Priviledges contained in the said Seal of Causes are confirmed and in like manner Ratified and Approved and for Him and His said Successors perpetually Confirmed the said Letter of Exemption made and granted by the said deceast Queen Mary his dearest Mother of worthy Memory under the Privy Seal of the said Kingdom of t e Dare above-mentioned Exeeming the Chyrurgions from bearing of Armour passing in Battel and from Reads Hosts and Gatherings Assemblies Wars and Weapon-showings and from passing upon Assises and Inquests in Actions Criminal or Civil and containing the other Priviledges above mentioned together with all Acts and Decreets given by the saids Provost and Baillies of the said Burgh of Edinburgh in Favours of the Deacon and Brethren of the saids Chyrurgions and Barbars within the said Burgh of Edinburgh with all that has followed or may follow thereupon in all and sundry Heads Clauses Articles Conditions and Circumstances thereof after the Forms and Tenors of the samen in all Points as the saids Letters of Ratification of the Date foresaid containing a Dispensation anent the Validity of the foresaids Writs thereby Ratified and the not Inserting thereof and several other Heads and Clauses at more length proports And as the saids Provost Baillies and Council of Edinburgh by an Act made and granted by them of the Date the 20 Day of August 1575 years mentioning That after Advisement had by them with the Supplication given in to them by the Deacon and Brethren of the Chyrurgions and Barbar-Craft bearing That it is specially provided in the Seal of Causes and others Gifts and Priviledges that none should Occupy nor use the said Craft nor no Point thereof unless he were a Freeman of the said Craft within any part of the Priviledges of the Burgh Nevertheless the hail Apothecaries of the said Burgh daily use exerce the said 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 Maladies may come to their hands Therefor the saids Provost Baillies and Council of Edinburgh Ratified and Approved the foresaid Gift under the Seal of Causes of the Date above-written and for more strengthning thereof and haill Causes therein contained they by their said Act Discharged the saids Apothecars and all others not Freemen Chyrurgions not tryed not admitted by them of all using and exercing the said Chyrurgion and Barbar-Craft in time coming under the Pain of 40 shillings so oft as they be apprehended in contraveening of the said Gift And ordained the Officers of the said Burgh of Edinburgh to concur with the saids Chyrurgions and Barbars and their Officer in Poynding for the saids Unlaws as the said Act at more length bears And further the saids Provost Baillies and Council of Edinburgh by another Act dated the 10th day of September 1641 years Considering that it is as well expedient for the good of the Leiges who Reside out with the Burgh of Edinburgh and not within the Liberties pertaining to the said Burgh That in the Maâ—ter belonging to the Art of Chyrurgery they be provided with skilful and honest men and not left to the Arbitriment and Imposture of Women and Ignorants Therefore the Provost Baillies and Council of the sa d Burgh of Edinburgh did inhibit and Discharge all and sundry persons whatsomever not being Free-Men of the Chyrurgions of the said Burgh of Edinburgh and who have not given sufficient proof of their qualification and knowledge in the said Art of Chyrurgery of all using and exercising of any point of the said Art within the Bounds and Priviledges pertaining to the said Burgh of Edinburgh and appointed the Magistrats of the said Burgh to be Judges in all Controversies which should arise betwixt the Inhabitants of the saids Bounds and the Brethren of the Chyrurgeons and Barbar Craft foresaid as in the said Act of Council of the Date foresaid at moâ—e length is contained Attour His Majesties deceast Father King Charles the First of ever blessed Memory and His Estates of Parliament conveened in Anno 164â— years by Act of Parliament Intituled Act and Ratification in Favours of the Chyrurgeons and Barbars of Edinburgh Dated at Edinburgh the 17 Day of November 1641 years ratified and approved for him his Successors perpetually confirmed all whatsoever Priviledges Liberties anâ— Immunitieâ— made given and granted by the Provost Baillies and Council of Edinburgh under the Common Seal of Causes of the Date the 1st Day of July 1505 years to and in Favours of the saids Chyrurgeons and Barbars of the said Burgh of Edinburgh and specified in the said Sale of Cause and also ratified and approved the Letters of Approbation and Ratification granted by K. James the Fourth of most worthy Memory under his Highness Privy-Seal of the Date Tenor and Contents above-mentioned And sicklike ratified and approved and for him and his saids Successors perpetually confirmed by Letters of Approbation and Confirmation made and granted by the Deceast K. James the sixth His Majesties said Grand Father under his Privy Seal at Greenwich of the Date above-written whereby his Deceast Grand Father willed and granted and for him and his Successors Decerned Ordained and Declared the foresaid Letter under the Common Seal of Causes of the said Burgh of Edinburgh and Letter of Ratification thereof made and granted by K. James the Fourth to be good valid and effectual to the saids Chyrurgion Barbars in all time coming together also with the said Act Dated the tenth Day of September 1641 years whereby the saids Provost Baillies and Council of Edinburgh did Inhibite and Discharge all and sundrie persons who were not Free-men Chyrurgion-Barbars from using or exercising any point or part of the Chyrurgion or Barbar Craft as well with out the Burgh of Edinburgh and Liberties thereof within the haill Bounds of the samen as within the said Burgh of Edinburgh it self and whereby the Magistrats of the said Burgh are
declared Judges competent to all Differences that may atise betwixt the Inhabitants of the Bounds of the Liberties foresaids and the Brethren of the said Craft And further His Majesties said Dearest Father of ever blessed Memory and his Estates of Parliament considering the manifold inconveniencies that did arise by reason of a number of Merchant Men and Women who at their own hands without Liberty never being bred in the Art of Chyrurgery take upon them to exercise the Duties and Points of that Art within the Suburbs of the said Burgh of Edinburgh to the great hazard and loss of the Lives of many good Subjects and to the great hazard hurt and prejudice of the Brethren of the said Craft Therefore His Majesties Dearest Father with Advice and Consent of the saids Estates of Parliament did Discharge all and whatsoever persons except the Free Men of the said Craft in Edinburgh to use and exerce any Point of the said Art of Chyrurgery within the said Burgh of Edinburgh or any Suburbs about the samen or belonging thereto and Jurisdiction thereof with power to the Deacon and Masters of the said Art then present and to their Successors in all time thereafter to come at all times convenient pass search take and apprehend all such persons exercing the said Art within the said Burgh Suburbs and Jurisdiction thereof foresaid not being Free-Men of the said Art within the said Burgh and to cause them set Caution to desist in time coming and if they failÈie to unlaw them in the Sum of Twenty Pounds Scots Money toties quoties And this was ordeined to be done with concourse of the Magistrats of the said Burgh of Edinburgh and the saids Magistrats are ordained to be Judges in all contraversies that should arise hereanent betwixt the saids Chyrurgions and Barbars any within the saids Bounds and al 's are ordained to concur with the saids Chyrurgions and Barbars to the effect foresaid al 's the said Act of Parliament of the Date foresaid at more length proports Moreover the saids Provost Baillies and Council of the Burgh of Edinburgh by their Act Dated the 8th Day of December 1643 years mentioning that Forsomeikle as it having come to the knowledge of the Provost Baillies and Counsel of the said Burgh that there were diverse Differences likely to arise betwixt the Deacon and Brethren of the Chyrurgions on the one part and the Apothecaries of the said Burgh upon the other part and especially anent the cureing of all kind of Imposthumes Ulcers Fractures Dislocations Cancers Imbalming of Dead Corps Applying of Spara-Draps Cureing of Varrol Scurvies Water-Cankers Diseases of the Hernia Buboes making of Phlebotomie applying of Ventoses Fomentations Loch-leeches Canters Vesicatores Applying of Plaisters and all other manual Operations which were thought by the saids Chyrurgions properly to pertain to their Art and yet were used indifferently by all the Apothecaries within the Burgh of Edinburgh and thereby was like to grow to an great Rent and Division betwixt the saids Chyrurgions and Apothecaries which the Provost and Baillies and Counsel of the said Burgh fore-seeing and being willing to preveen the samen Therefore they appoint certain persons of their own number to Conveen before them both the saids Parties and to try and cognosce what did properly belong to the saids Chyrurgions and after conveening of both Parties and hearing of them and considering their Righls and after Report of their procedure to the said Council of Edinburgh after calling and compearing of both the saids Parties and their consenting to the said Report the said Provost Baillies and Council of the said Burgh of Edinburgh Decerned and Declared that the Application of Cere-Clothes to Dead Bodies within the said Burgh of Edinburgh and Liberties contained in the said Chyrurgions Gift should properly belong to the saids Chyrurgions and that it should not be lawful to any Apothecary nor their Servants in their Name to apply the said Cere Cloth nor to them to direct any to apply the samen And ordained the saids Chyrurgions if they should be imployed by the said Apothecaries to apply any Cere-Clothes made by them not to refuse the samen And also Decerned and Ordained that all manual Operations and Applications about Dead or Living Bodies of Men Women or Children should properly and only belong to the saids Chyrurgions And Discharged the saids Apothecaries and their Servants from the using and exercing of any Operations or Applications in the particulars Above rehearsed about the saids Bodies of Men Women or Children as the said Act of the Date foresaid at more length proports And al 's the said Provost Baillies and Council of the said Burgh of Edinburgh by another Act Dated the 20 Day of April 1649 years Taking to their consideration the prejudice which the Free-Men Chyrurgions and Barbars of the said Burgh did sustain by the Un Free-Men Chyrurgions and Barbars in the Cannongate Leith and other Suburbs Pendicles of the samen They did therefore by the said Act require the Baillies of the Cannongate Leith and others Suburbs within their Jurisdiction ilk one of them for their own parts to be assistant to and to concur with the Deacon of the Chyrurgions and Barbars within their several bounds foresaid and that none should exercise the said Craft nor put out Signs nor Basons while they obtained Liberty from the said Craft and were subject to the Orders Injunctions of the Deacon and Free-Men of the said Incorporation of the Chyrurgions of Edinburgh as the said Act at more length proports Likeas the said Lord Provost Baillies and remanent Council of the said Burgh of Edinburgh by an other Act Dated the 27 Day of June 1649 years appointed the Deceast John Denholm then one of the Baillies of the said Burgh to go down to the Cannongate with Umquhile James Borthwick then Deacon of the Chyrurgeons and to see Course and Order taken with the Unfree-Men there and with the Unfree Men Barbars in the Cannongate conform to the foresaid Act and Order of the Date the said 20 Day of April 1649 years foresaid and that in respect that the Baillies of the Cannongate had slighted the said Ordinance as the said Act of Council of the Date foresaid at more length bears And sicklike the said Provost Baillies and Council of the said Burgh of Edinburgh by an other Act Dated the 8th Day of the Moneth of July 1649 years did call before them Robert â—riest Andrew Robertson John Stevenson and William Burn Barbars of the Cannongate and being demanded by the Council of the said Burgh of Edinburgh what Right they have to exerce the said Art of Chyrurgery and Barbar Craft within the Cannongate They absolutely denyed that they did exercise any point of Chyrurgery but Barbar-craft allanerly and ingeneously declared in presence of the said Council of Edinburgh that they had no Right to exercise that Craft and that neither they nor that Calling were ever erected in an Company not subject to a
the said Burgh of Edinburgh dated the 1. day of july 1505 years and whole Rights Priviledges and Liberties and Immunities therein contained and al 's the said Letter of Ratification and approbation made and granted by King James the fourth of worthy memory under his Highness Privy Seal of the date the said 13 day of October 1506 years and sicklike the said Letter of Exemption made and granted by the said deceast Queen Mary of the date above mentioned eximand the Chirurgeons from bearing of Armour passing in battle in any Host Reads gatherings Wars Weapon showing and from all compearing and passing upon Inquests and Assizes in any Action criminal or civil and in like manner the said Letter of confirmation and approbation made and granted by King James the sixth his Majesties Grand Father of most blessed Memory under his Highness privy Seall of the Date at Greenwitch abovespecified confirmed to the saids Chyrurgeons and Barbars the said Act and Seall of Causes Letters of Ratification granted be King James the Fourth and Letter of Exemption foresaid granted be the said Deceast Queen Mary and likeas the foresaid Act of Parliament made and granted be his Majesties Dearest Father of Eternal Memorie with advice and consent of his saids Estates of Parliament to and in favours of the saids Chyrurgeons and Barbars of Edinburgh of the Date the 17th day of November 1641 years And farder his Majestie with advice and consent of the saids Estates of Parliament Ratified and approved and for his Majestie and his said Successors perpetually confirmed to the saids Chyrurgeons and Barbars of the said Burgh of Edinburgh that the Acts following viz. Ane Act granted be the Provost Baillies and Council of the said Burgh of Edinburgh against Unfreemen Dated the said 10th day of August 1649 years Item ane other Act granted be the saids Provost Baillies and Council of the said Burgh of Edinburgh in their favors anent their Rights Priviledges Liberties and Immunities and Prohibiting of Unfreemen Dated the 22 day of June 1655 years And also ane other Act anent the saids Chyrurgeons and Barbars their Rights Previledges Liberties and Immunities and Exemption of the said Chyrurgeons fra Watchings Wardings and others mentioned in the said Act granted to them be the said Town Council of Edinburgh Dated the said 9th day of November 1660 years And farder his Majestie for himself and his saids Successors with advice and consent of the saids Estates of Parliament Ratified Approved and Confirmed the foresaid Act granted be the saids Provost Baillies and Council of the said Burgh of Edinburgh under the Seal of Causes in favours of the Appothecars and Chyrurgeon Appothecaires anent Visitors Examination of intrants and Prohibiting of Unfreemen to Compone Drugs and others therein mentioned of the Date the said 25th day of February 1657 years and one other Act granted by the said Provost Baillies and Council of the said Burgh of Edinburgh for conveening Regulating and ordering of the said Brother-Hood Dated the first day of April 1659 years As also an other Act containing ane Oath tendered be the said Town Council of Edinburgh to the saids Intrants at their Admissions Dated the 18th day of March 1664 year and the haill Rights Priviledges Liberties and Immunities respective contained in any of the saids Gifts Grants and Acts gaanted in favours of the Incorporation of the saids Chyrurgions and Barbars and of the said Brotherhood of the Chyrurgeon Apothecaries and Apothecaries or that may be any ways interpret or conceaved in any of their Favours His Majesties with advice and consent of the Estates of Parliament Ratified and approved and for his Majestie and his said Successors perpetually Confirmed all other Gifts grants Decreets made and granted be his Majesties Royal Predecessors and all Acts of Parliament Acts of Borrows and all and every one of the Acts of Courts and Town Council of Edinburgh and others and any Ratifications thereof in favours of the said Incorporation of the Chyrurgions and Barbars and Brotherhood of the Apothecarie Chyrurgeons and Apothecars of the said Burgh and every one of them their Successors Children Prentices respective anent their Rights Liberties Immunities and Priviledges of the said Incorporation and Brother-hood respective of whatsomever Date or dates Tenor or Contents the samen be or bear with all that has followed or may follow thereupon in all and sundry the haill Heads Points Articles Clauses provisions circumstances and conditions of all the saids Acts Gifts grants Decreets Ratifications and others particularlie and generallie abovementioned granted in favours of the said Incorporation and Brother-hood or any of them after the Forms and Tenors of the samen in all Points dispensand with the Generality of the said Ratification And his Majestie with advice and consent of the saids Estates of Parliament Decerned and ordained the said Ratification and Confirmation to be alse Valid effectual and sufficient to the fornamed Persons and their Successors respective as if all the saids Gift grants Acts of Parliament Acts of Borrows Decreets and Acts of Court and Town Council of Edinburgh and others and Ratifications foresaids were all and every one of them at length and verbatim speciallie and particularlie Insert ingrossed and contained in the said Ratification Whereanent and anent all other defects and imperfections that could be proponed or alleadged in all Objections of Law that could be moved against the samen His Majestie with advice and consent foresaid not only Dispenced But also Renunced and Discharged the samen for ever and gave full power to the saids Chyrurgeons and Barbars and Brother-hood foresaid of the said Chyrurgion Apothecaries and Apothecaries of the said Burgh of Edinburgh and their said Successors to make use of all the saids Acts or any of them without prejudice of one to other to their best behoofe and advantage as they shal think fit and for effectuating better of the haill Premisses and ends foresaids His Majesty with advice and consent of the Estates of Parliament ordains the Magistrats and Council of the said Burgh of Edinburgh and their Successors to maintain the saids Chirurgeons aforesaid their Children Apprentices and Servants in their hail Rights Liberties Immunities and priviledges whatsomever granted in their favours notwithstanding that any of them should exerce any other thing besides as Burgesses and Gild-brethren and as if they did not the samen And sicklike ordained the saids Magistrats of the saids Burgh of Edinburgh and other Judges Sheriffs and Magistrats of the said Burgh of Edinburgh and Sheriffdome thereof and their Officers to assist and concurr with the Deacon and Brethren of the said Incorporation of the saids Chyrurgeons and Barbars and with the visitors and Brethren of the Brotherhood of the Chyrurgeon Apothecaries or any of them and their said Successors Respective against any Person or Persons who should exerce or practise any poynt or part of the said Art Respective within the Liberties of Edinburgh or any other place within the Sheriffdome thereof without licence or freedome from them
under the Respective Seals and Clerks hands the Major partie being an quorum and against any person or persons who contraveen any of the Respective Rights Liberties and Priviledges within the Bounds foresaids As also any persons amongst themselves Contraveeners of their own Acts and orders thereafter and to exact Fynes Unlawes and Penalties therefore from them and from other Transgressors as aforesaid and to search take apprehend pâ—ynd and waird them for the samen the one half of the saids Fines of unfreemen to belong to the Council of Edinburgh and the other half of the said Incorporation and the Brotherhood foresaid Respective and if any person should find apprehend themselves prejudged or wronged aither by the determination of the said Incorporation or Brotherhood Respective contrair to the Laws Rights and Liberties priviledges and power granted to them or either of them that then in that case they should have the recourse of the Magistrats and Council of the said Burgh of Edinburgh who may determine in these cases for both parties as in the said Ratification and Act of Parliament at more length is contained by vertue of the whilk Seal of Causes Ratifications thereof Letters of Exemption granted by Queen Mary Letters of Confirmation and Approbation granted by King James the sixth His Majesties Grandfather and Act and Ratification of Parliament granted by King Charles the first His Majesties Father of eternal Memory and hail other Acts Gifts Grants Decreets of Court and Town Council of the said Burgh of Edinburgh and His Majesties Ratification and Act of Parliament granted in manner Above-mentioned and be vertue of several other Acts Gifts Grants Acts of Town Council and Court of the said Burgh of Edinburgh Acts and Decreets of the Town Council and Court of the Cannongate and Acts and Decreets of the Sheriff Courts of the Sheriffdome of Edinburgh and Acts and Decreets of the Baillie Court of Leith Portsburgh and Poterraw and Acts and Statutes made by the said Incorporation of Chyrurgeons and Barbars of the said Burgh of Edinburgh amongst themselves and by the said Brotherhood of the Chyrurgeon Apothecaries and Apothecaries among themselves not above exprest nor set down and whilks are all holden as hereintill insert and exprest as a part of this principal Lybel brevitatis causa The said Incorporation of the said Chyrurgeons and Barbars of the said Burgh of Edinburgh and Chyrurgeon-Apothecaries Pursuers above-nominate for themselves and in name and behalf of the said Incorporation and their saids Predecessors the Freemen Chyrurgeon Barbers and Chyrurgeons-Apothecaries of the said Burgh of Edinburgh have been in peaceable Possession of the foresaid Rights and Priviledges contained in their said Seal of Causes Gifts Grants Acts Decreets and others particularly and generally above-mentioned past all memory of Man. And they and their said Successors Freemen Chyrurgeons and Barbers of the said Incorporation they ought and should have the only Right and Priviledge to use and exerce the haill Operations and Applications contained in their saids Gifts Grants and others Writs and Rights and particularly the haill Operations and Applications contained in the said Act of _____ December 1643 upon the living dead Bodies of Men Women Children and the Curing of their Diseases specially in their saids Rights as Tumors Wounds Ulcers Luxations Fractures curing of Verrols and others above-written and their Accidents by Operations Applications Diet Medicaments and what else belongs thereunto properly appertains to the Freemen Masters Chyrurgeons of the said Burgh of Edinburgh being tryed in Theory and Practice sworn and admitted to the Degrees of Mastership in Chyrurgery by the foresaid Incorporation allanerly and to no other person or persons whatsomever Nevertheless It is of Verity that the persons after nominate simple Apothecaries Unfreemen Chyrurgeons Unfreemen Barbers Perewig-makers Gardiners Country Leiches Women Ignorants and Impostures after designed al 's well who have their actual Residence Dwelling and Abode within the said Burgh of Edinburgh and Liberties thereof and bounds contained in the Gifts Grants and Priviledges abovewritten as these who Lurk Skulk Haunt and sometimes come within and sometimes without the Bounds foresaid and who are Vagrants viz. John Kennedy Apothecary Burges of E inburgh John Fowlis Elder Robert Campbel Hugh Nielson James Aickenhead James Laudin Patrick Cunninghame John Hepburn Mr. James Mackmath Mr. Alexander Hay John Fowlis younger Thomas Dalrymple and Patrick Hepburn Apothecaries Burgesses of the said Burgh of Edinburgh Walter Porterfield Apothecary in the Cannongate George Mackala Apothecary in Leith Edward Cunninghame Peiriwigmaker in Edinburgh James Robertson Barber there John Brown Gardiner in the Abbay of Holy-Rood-House Andrew Jackson Gardiner in West-ports burgh James Heughson Gardiner in the Pleasants George Bell pretended Chirurgeon in Edinburgh Euphane Barton indweller in Edinburgh and John Bigle her Husband for his Interest _____ Wilson Relict of the Deceast Hary Burn and Johanni Baptista Quarantini and Johannes Michael Philo Montibanks and certain other persons unfree Women Gardiners and Montibanks within the said Burgh of Edinburgh and Liberties thereof who are holden as herein repeated brevitatis causa dayly and continually take upon them to use and exerce the Practice of Chirurgerie and all other Points and Practices used and exerced by the Chirurgeon Barbers and Chirurgeon Apothecaries within the said Burgh of Edinburgh and al 's to use and exerce the hail Rights Liberties Immunities Priviledges belonging to the saids Pursuers Freemen foresaids albeit they have neither Right nor Interest to the same And therefore it ought and should not only to be found and declared by Decreet and Declarator of the Lords of Council and Session that the said Pursuers and their Successors the Freemen Masters Chirurgeons and Barbers of the said Burgh of Edinburgh being tryed in Theory and practice Sworn and admitted to the Degrees of Mastership in Chirurgerie by the said Incorporation and the Chirurgeon Apothecaries of the said Burgh of Edinburgh have the only good and undoubted Right to bruick enjoy and possess use and practice the hail Rights Liberties Freedoms Priviledges Operations Applications and others contained in their Acts Seals of Cause Exemptions Ratifications Decreets and other Writes particularly and generally abovementioned granted in their Favours and to use and exerce the hail Operations and Applications upon the Living and Dead Bodies of Men Women and Children and the cureing of all Deseases Incident and Accident to them particularly and generally above-mentioned and their Accidents by Operations Applications Dyet Medicaments and others whatsomever belonging thereunto and that the samen properly appertains to the saids Pursuers Free-men and Masters foresaid and to their Successors Free-men and Masters being tryed in Theory and Practice and Sworn and Admitted to the Degrees of Mastership in time coming in manner above-written and to no other person or Persons and farder it ought and should be found and declared by the Decreet and Declarator of the saids Lords of Council and Session that the saids Pursuers may by themselves their
Deacon officier and others not only apprehend any of the saids Defenders if they can take them flagranti delicto but that they may also cause cite them before the saids Provost Baillies and Town Council of Edinburgh or other Magistrats thereof for contraveening any of the foresaids Priviledges Liberties Freedoms and others above-written and refer the Contraventions foresaid to the Oaths of the said simple Apothecaries and others Contraveeners and Defenders above nominat if the said Pursuers think fit or to use all other manner of Probation against the said Defenders and Contraveenrrs foresaids pro ut de jure and it ought and should be found and declared that the saids Defenders and all others concerned shall be holden bound and oblidged to depone upon all the matters of Fact that shall be particularly referred to their said Oaths in their respective Pursuits that shall be intented for the Contraventions before the said Magistrats of Edinburgh and al 's it ought and should be found and declared that the Provost Baillies and Council of Edinburgh are the only Judges competent in the first instance to the saids Pursuits to be intented against all Contraveeners for contraveening any of the saids Pursuers Priviledges above-specified and to discuss the same Summarly according to the Custom of Burgh And the Pursuers thier contraverted Practice in vindicating the Priviledges but also the saids Defenders above-mentioned and all other Unfreemen Gardiners Women and others whatsoever ought and should be decerned by Decreet of the saids Lords of Council and Session to desist and cease from all using and practiseing and exerciseing of any Point Part or Prctaice belonging to the saids Pursuers and ought and should be discharged by Decreet foresaid from taking upon them to Use Exerce or Enjoy any of the Rights Liberties Priviledges Immunities and Exemptions given and granted to the saids Pursuers and properly belonging to them and their Successors after the form and Tenor of the saids Acts Seals of Causes Ratifications Exemptions Gifts Grants Acts of Parliament Decreets and other Writs particularly and generally above-mentioned in all Points as is alledged as the said last Summonds and Execution thereof likewise more fully bears the said Mr. James Nisbet for himself and in Name and behalf of the remnanent Brethren of his said Trade pursuers of the foresaid Lybel as likewise pursuers in the foresaid Action of Declarator raised at their instance and Defenders in the other Acton raised against them Compearing be Sir George MackenÈie his Majesties Advocat Sir John Lauder Mr. Colen MackenÈie his Majesties Advocats their Procurators who for instructing the foresaid libel produced in presence of the saids Lords ane Condescendence made by the Chirurgeons upon the several acts of Contraventions done by the said Patrick Cunninghame whereby he had usurped upon the priviledges only belonging to the free-men Masters of the Art and Trade of Chyrurgery within the said Burgh and Liberties thereof 1. The said Patrick Cunninghame within this half year or thereby did cure Barbara Hastie daughter to umquhil Heastie Stabler in Edinburgh of an broken Head by applying Plasters thereto and otherways 2. The said Patrick Cunninghame did open an Vein to and let Blood of the Lady Lee younger within these five or six Months or thereby 3. The said Patrick Cunninghame applyed Plasters to the said Lady Lee her Arme the same being strained or hurt by some Accident or other at or about the time foresaid 4. The said Patrick Cunninghame opened an Vein to and let Blood of _____ Servitrix to the said Lady Lee within five or six Months or thereby 5. The said Patrick Cunninghame opened a Vein to and let Blood of the Earl of Carnwath and applyed Lochletches one or moe and Cauters one or moe to the said Earl within the space of three years or thereby 6. The said Patrick Cunninghame opened a Vein to and let Blood of _____ Semple daughter to umquhil John Semple of Balgone and applyed two Couters to her within the space of this half year or thereby 7. The said Patrick Cunninghame did frequently pance and dress _____ within the house of _____ at the head of the Cannongate who had a wound in his Breast within these three or four yeass or thereby 8. The said Patrick did apply several Plaisters and that frequently to umquhil William Cunninghame elder Merchant in Edinburgh his fore-foot within these three years or thereby the said Patrick Cunninghame opened an Vein to and let Blood of umquhile Henry Cunninghame and his Spouse and applyed Couters Plasters and Oyntments to them within these three years or thereby as the said Condescendence extent in process more fully bears as also for verefying and instructing the Points and Articles of the foresaids Summonds of Declarator and the Rights of priviledges of the said Incorporation adduced in presence of the saids Lords the particular Writs under-written conform to an Inventar thereof whereof the Tenor follows viz. The Seal of Cause dated the 1. of July 1505 erecting the Chyrurgeons into an Incorporation under the Town of Edinburgh their Seal of Cause Item Letters of Ratification thereof by King James the Fourth under his Privy Seal dated the 13 day of October 1506 years Item Letters of Exemption by Queen Mary under her Privy Seal dated 13 May 1567. years Item Signatur by King James the 6th subscribed by the Lords of Thesaury ordaining an Letter of Ratification to the above-written Rights to be exped under his Privy Seal dated 6 June 1613 years Item the Ratification following thereupon by King James the 6th under his Privy Seal dated the 6 of June 1613 years foresaid Item An Act of the Council of Edinburgh in favours of the Chyrurgeons dated 10 of September 1641 years Item An Ratification in Parliament of the above-written Rights in favours of the Chyrurgeons dated the 17 day of November 1641 years Item An other Act of the Council of Edinburgh in favours of the Chyrurgeons dated the 8 of December 1643 years Item An other Act of the Council of Edinburgh against unfree-men in the Cannongate Leith and other Suburbs dated the 20 of April 1649 years Item An other Act of the Council of Edinb against the Barbers in the Cannongate dated the 27 of June 1649 years Item An other Act of the Council of Edinburgh against the Barbers in the Cannongate dated 18 day of July 1649 years Item An Act of the Council of the Cannongate against their Barbers there dated 22 day of August 1649 years Item an Act of the Council of Edinburgh against the Unfreemen in the Cannongate dated 12 day of August 1649 years Item Two Acts of the Council of the Cannongate against Unfreemen there the one dated the 2d of August 1649 the other dated the 7 of September 1649 years both upon one Parchment Item An Act of the Council of the Cannongate in favours of the Apprentices of Barbers there dated 10 of Feb. 1654 years An Act and Decreet of the Council of Edinburgh in favours of the
Chirurgeons against the Apothecaries dated the 27 of June 1655. Item An Instrument Deacon Burnet against William Jackson anent his two Fines the one the 10 Septem 1655. Item An Act of the Council of Edinburgh erecting the Chirurgeon-Apothecaries Apothecaries into an Brother-hood under the Town of Edinburgh their Seal of Causes dated the 25 Feb. 1657 years Item Exemption by the Town of Edinburgh in favours of the Chirurgeons dated 9th Novemb. 1660 years Item An Act of Adjournal in favours of the Chirurgeons dated the 9 day of March 1674 years Item An Extract of the Process pursued before the Lords of Justiciary by Margaret Damahoy against William Mason dated the 29 of July 1674 years Item An Ratification in Parliament in favours of the Chirurgeons of their hail Rights dated the 22 of August 1670 years Item An Act of the Council of Edinburgh against John Savage Unfree-man dated the 4 day of July 1638 years Item An Act of the Baillies of the Cannongate against William Steven Unfree-man dated the first of January 1653 years Item Condescendence by the Chirurgeons upon the Deeds of Contravention committed by Patrick Cunninghame Item an Summonds of Declarator the Chyrurgeons of Edinburgh against the haill Apothecaries and others Unfreemen with the Executions thereof of the Date 1681 years as the said Condescendence extent in process more fully bears as also for verefying and instructing the Points and Articles of the said Summonds of Declarator and the Rights and Priviledges of the said Incorporation adduced in presence of the saids Lords the particular Writs above specified and the said Patrick Cunninghame Defender in the foresaid Libel he the remanent Apothecaries of the said Burgh Defenders of the foresaid Action of Declarator raised at the saids Chyrurgeons their instance Pursuers in the other Action of Reduction Declarator raised at their instance against them Compearing by Sir George Lockheart Sir John Dalrymple and Mr. David Cunninghame Advocats their Procurators the foresaid Lybel and mutual Summonds of Declartor raised by both the saids Parties in manner above-re-hearsed with the Condscendence above-written and particular Writs and Evidents produced for Instructing the said Chirurgeon Apothecaries their Rights and Priviledges in manner above-specified together also with the several Debates and Interlocutors following thereupon in manner under-written and together with the several Supplications and Answers made thereto with the Instructions of the samen given in by either Parties in manner and to the effect after-mentioned being all at length heard seen and considered by the saids Lords and they therewith being well and ryply advised The saids Lords of Council and Session have found and declared and hereby finds and declares that the Chirurgeons have the only Right of Phibotomie within the Town of Edinburgh and upon the Burgesses thereof except in the cases of Necessity and charity and that where there is no Incision 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 Incision is made the Application is proper to Chirurgeons of the Cerecloths to the Body And finds and declares that the Imployments of Chirurgery and Pharmacy being two distinct Imployments and both requiring a great deal of care and knowledge shall hereafter within the City of Edinburgh and Liberties thereof be Exercised by distinct Persons and that one and the same Person shall not Exercise or be Imployed in both Imployments and that albeit Chirurgeons may buy and sell Samples as any Drogests or Merchants may do and Compone such Drogs as are necessar for Chirurgical and External Applications yet that they cannot compone any Medicament to be taken internally by the Mouth exceptand always from this Declarator all the present Chirugeon Apothecaries that are presently actual Masters in both Imployments and does actually keep Shops within the said Town of Edinburgh or Liberties thereof as to which Bounds this Declarator extends And no farder as alse have declared and Ordained the said Chirurgeon Apothecaries Masters who as said is are allowed the Exercise of both Imployments during their Lifetime and James Muirhead John Lauder and Thomas Edgar who are declared to be in that Condition albeit they be not as yet actually entered Masters in both Imployments and to declare their Election betwixt and Tuesday next And if they do not betwixt and the said day the saids Lords Decerns them to sit only at the Chirurgeons Table as the Eldest and first erected Trade and have found and finds that no Master can hereafter take Prentices to make them Free-Men in Edinburgh in any of the saids two Imployments except that at which they sit at the Table and that all the Prentices already entered are to be Free only in that Imployment and Trade at which their Masters sits at the Table Because that after the said Libel first intented before the saids Magistrats of Edinburgh being Advocat of consent as said is There was an Supplication given in to the saids Lords by the said Patrick Cunninghame Shewing that where the Supplicant was lately Warned by one of the Town Officers to Compear before the Baillies in their Justice of Peace Court on the Afternoon at the Instance of Mr. James Nisbet present Deacon of the Chirurgeons of the said 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 so much as allowing him an formal or written Libel with the benefite to Answer there against and so fix a fault of contravention of their alledged Priviledges upon him by no other way of Probation but a present judical Oath which is and ought to be Sacred to all and more deliberately digested before given then immediately to be Administrat to and pressed upon one hurried but from off the Streets hoc vel maximae atento that the Supplicant was herein Challenged for no nottar particular or nominated Crime but most what of Picque to please the Humours of the Chirurgeons in regenerali dubia invidiosa their Priviledges and manner of proving the Contraveening and incroaching thereupon having never as yet been by the saids Lords of Council and Session the only Judges compent thereto lawfully as is requisite declared whereupon with all just respect to the Magistrars and their Authority but because of the strange and unlawful Methods of the Chirurgeans probation having in a Bill of Advocation meaned himself to the saids Lords the Lord Forret then Ordinary was pleased to fist Procedure till the 24th Instant as the foresaid Bill and Signature thereupon here present to show Testifies And we seing the Point did resolve in that whether or not the Petitioner was obliged summarly by his judicial Oath to fix delict and we to Fine and unlaw upon the Petitioner at the humour of and when ever called by the Chirurgeons whereunto it was humbly conceived that
Fourteen Trades which are only allowed by the Set nor any part of the saids Crafts they upon Applicat on made to the Chyrurgeons in the year 1657. desiring to come under their Potection and that they would interpose for them to the Magistrats to allow them to conveen with the Chyrurgeons and that there may be Visitors appointed and to try Intrants and accordingly the Magistrats by an Act of Council did appoint two Visitors an Chyrurgeon and Apothecarie who with one or two of the Baillies and Dean of Gild might visit the sufficiencie of all Drugs within the Burgh and Liberties thereof which Act of the Town Council was thereafter ratified by express Act of Parliament in the year 1670. And be that Act of Parliament it is provided that if any person shal find themselves prejudged and wronged by the determination of either of the saids Incorporations and Broâ—her-hood respective contrair to the Laws Rights Liberties and Priviledges and power granted to them or either of them that then and in that case they shall have recourse to the Magistrats and Council of Edinburgh who may determine in these cases for both Parties so that both be the said Act of Councill and Act of Parliament Ratifying the samen It is evident that the Apothecaries can have no Visitor but such as the Town shall appoint that there has allways been a Chyrurgeon one of the Visitors and the Apothecaries having given in a Petition to the Magistrats Craving that they may have the Sole benefite and Priviledge of the Act of Council in the year One Thousand Six Hundred Fiftie Seven and the Chirurgeons have given in a counter Petition that now seing the Apothecaries do separat themselves from them and that the Apothecaries were none of the Fourteen Crafts they ought not to have any Priviledge at all by the said Act of Council in the year One thousand six hundred fifty seven and the Magistrats that they might do that which was just and equal to them both they did appoint an Apothecarie and the Deacon of the Chirurgeons to be Visitors together with a Baillie and the Dean of Gild with Power to the saids Visitors to do every thing as they were formerlie Impowered to do by the foresaid Act of Council in the year One thousand six hundred fifty seven which is Ratified by Act of Parliament So that it is strange with what confidence these Apothecaries can contravert this new Act of Council made by the Magistrats being conform to the former Act of Council and Act of Parliament And whereas it is pretended that the two Callings being now separat by Decreet of the Lords a Chirurgeon ought not to be one of the Visitors to the Apothecaries It is Answered that it being the Priviledge of the Magistrats that no Person can meet under the notion of fraternities within the Burgh unless by the Magistrats Warrand they upon that Ground have undoubted Right to appoint one to proceed among them and to be Visitors and the Magistrats are not concerned in the Separation of the Tables for that cannot derogat from their Priviledge and they may appoint any Person to proceed amongst them albeit he were neither Apothecary nor Chirurgeon but any of the Magistrats may be appointed to Visit and proceed but it is likeways most necessary that an Chirurgean be appointed with an Apothecary to be Visitors seing that it is as necessar to consider the sufficiency of Drugs as well inward as outward applications and the Deacon of the Chirurgeons appointed being an Chirurgeon Apothecarie he has as good Skill of Drugs as any of the Apothcaries and the Magistrats may appoint any Person to visit that has Skill of Drugs as also there is an express provision in the Patent granted to the Physians that all Drugs shall be visite by one of the Magistrats of the Town with an Apothecary and Chirurgeon Apothecary and therefore this being the undoubted priviledge of the Magistrats to name Visitors and to appoint any person they shall think fit to conveen and proceed amongst such Persons as they shall allow to be in a fraternity and having accordingly named Visitors the Deacon of the Chirurgeons ought not to be Excluded but the Desire of such an insolent and groundleâ—s Bill given in against the Magistrats by the Apothecaries who ows any Liberty they have to the Town ought to be refused and they ought to rest satisfied by the Nomination made by the Magistrats And if it were otherways then any Number of Persons that pretended to be a Calling albeit none of them any part of the Fourteen Trades might upon a Petition to the Lords crave a Visitor and one to conveen and proceed amongst them and so in place of Fourteen Crafts might have erect a hundred without consent of the Magistrats 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 practised that any Visitor or any Person that was appointed to proceed in a Fraternity was allowed but such as were appointed by the Magistrats 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 said few Apothecaries in a matter that so much concerns the Towns Priviledges and therefore if the least difficultie remained with the Lords humbly craved an hearing in their own presence Whilk Supplication desire thereof and Answers above-written made thereto being at length read heard seen and considered by the saids Lords And they being therewith well and ripely Advised the Lords of Council and Session do pro hac vice Nominat and appoint and hereby Nominats and appoints John Joisie Apothecary Burgess of Edinburgh to be Visitor for conveening the Fraternity of Apothecaries on all occasions and have found and hereby finds that in time coming the Magisâ—rats of Edinburgh ought to nominat one oâ— these Persons who sit and meet at the Table of Apothecaries to be Visitor of the said Fraternity of Apothecaries Extractum de Libris actorum per me Sic Subscribitur George MackenÈie Clericus Registri Follows another Act in Favours of the Apothecaries of Edinburgh AT Edinburgh the Twenty fifth day of March One thousand six hundred eighty five years anent the Supplication given in and presented before the Lords of Council and Session by the Apothecaries within the Burgh of Edinburgh Shewing that whereas the Lords having by the Decreet of declarator in the Petitioners Favours upon very Rational and important Considerations Separat the two Callings of Chirurgery and Pharmacy and Ordained in time coming the several Trades to sit at different Tables for making of which Decreet effectual The Petitioners having thereafter applyed to the Magistrats and Town Council of Edinburgh for the time that they might appoint a Visitor for conveening the Petitioners Fraternity which they having refused by the
influence and importunity of the Deacons The Lords did interpose their Authority by Ordaining them to do the samen and thereafter they having in an insolent manner given in a sort of a mock Obedience to the Lords Sentence by nominating a Chirurgeon and an Apothecary to be joynt Visitors of the Petitioners Fraternity which was in effect a new Conjunction by their own Authority oâ— tâ—e two Trades which the Lords by so solemn a Decreet has Separat upon which high and insolent contempt of the Lords Sentences thâ— Petitioners having thereafter presented a new Petition Complaining of their said deportment the Lords were pleased after both the Chyrurgeon-Apothecaries and the Town of Edinbâ—rgh their Procurators had given in Answers to the several Petitions containing a full representation of all their Grounds and finding that the Town of Edinburgh refused to give any obedience to supply the samen by interposing the Lords Authority in vindication of their reiterated Acts and Sentences and did appoint John Joissie to be sole Visitor for conveening the Fraternity of Apothecaries on all occasions for that year and did find that in time-coming the Magistrats of Edinburgh ought to nominate one of these persons who sits at the Table of Apothecaries Visitor of the Fraternity And now the Petitioners having applyed to the present Magistrats for nominating a Visitor for this ensuing year conform to the Lords former Ordinance being one of these that sits at the Petitioners own Table and to that effect having given in a List of such persons to the effect they might make a choice they were so far from having any regard to the saids Lords Sentences and Acts above-mentioned whereby the Trades were separate and they appointed to nominat a Visitor of the Petitioners own Faternity which were all given in to the Clerk and produced before them in Council that in manifest contempt thereof by a previous Combination of the Deacons and Tradesmen who influences the rest of the Council they have again proceeded for this ensuing year to nominat a Chyrurgeon and an Apothecary to be joint Visitors of the Petitioners Fraternity and an intrant Apothecary having applyed for a Tryal they have recommended him to the saids Visitors which they always formerly refused and likewise they refuse to give the Petitioners out an extract of their said Nomination of purpose to protract this Session that the Petitioners may not have occasion to seek redress from the Lords And seing they have no other remeid but now to apply to the Lords for vindication of their saids Priviledges and likewise of the Lords own Authority against so frequent and reiterated acts of Contempt and Disobedience and therefore humbly craving that the Lords would be pleased as formerly so far this ensuing year to nominat one of these who sit at the Petitioners own Table to be their Visitor out of a List herewith given in or else to prevent the Lords trouble in all time-coming to allow the Petitioners themselves to meet and choise yearly their own Visitor and to admit of Intrants by the Petitioners own Authority seing the Town of Edinburgh have so frequently refused the same as the said Supplication bears which being Considered by the saids Lords they Ordained the Procurators for the Magistrats and Town-Council of the said Burgh to see the said Supplication and to answer the same upon Tuesday next thereafter which being accordingly given up to the saids Prucurators to see they returned the samen with the Answers following viz. That it is strange with what confidence the Apothecaries can give the Lords the trouble by such an groundless and insolent Bill which doth so highly reflect upon the Magistrats and it does evidently appear that it seems they would state themselves in an Incorporation without owning their priviledge or dependance from the Magistrats which is a down right Incroachment upon the Priviledges of the City that any that enjoys their Trade and Calling within the Good-Town and are Burgesses should treat the Magistrats at that rate that these Apothecaries does whereas they had never so much as an allowance nor could not meet on their pretended Fraternity unless it had been by the Magistrats tollerance so that it is most improper for them to call the Towns Priviledges in question Therefore it is Answered to the Petition 1. That whatever Acts or Decreets they may pretend to have in their favours separating the two Callings of Chyrurgery and Pharmacy and appointing distinct Tables the Magistrats were not concerned in these Decreets they not being called thereto and so was res inter alios acta as to them and whatever these Acts or Decreets may take amogst themselves yet that can never prejudge the Priviledges of the Good-Town 2. By the Sett which is the fundamental Constitution of the Burgh and by many Laws and Acts of Parliament it is expresly provided That there shall be made no Meetings within Burgh of any Society or Fraternity but by the Warrand and Authority of the Magistrats And if these Apothecaries who pretend to a Fraternity cannot so much as meet and conveen without License from the Magistrats far more has the Magistrats Power to name who shal proceed amongst them or Visitors who shal visit the Drugs in the Apothecaries Shops and appoint the method and way and manner thereof within the said Burgh 3. It is clear by the Patent granted to the Physicians that the Drugs are to be visited by an Chyrurgeon-Apothecary and an Apothecary so that the Magistrats and town-Town-Council having named Visitors conform to the Physicians Patent under the Great-Seal the samen can never be questioned as being done contrary to the pretended Priviledges but what the Good-Town is pleased to allow them 4. It is clear by several Acts of his Majesties privy Council one in November and another in January last posterior to all these foresaid Acts and Decreets which the Apothecaries founded upon whereby it is expresly ordained that the Drugs should be visited conform to the Physicians Patent and consequently it ought to be done by an Chyrurgeon-Apothecary and an Apothecary as is provided by the said Patent And albeit the last Act of Council mentions two Apothecaries to be present yet that can only be understood in the terms of the Patent seing that Act ordains expresly that the Visitation shal be made conform to the Patent And seing that by the Decreet separating the two Callings it is expresly provided that the Chyrurgeon-Apothecaries that was then in exercise of both Callings should continue in exercise of the samen during their lifetimes that the Magistrats Town-Council has appointed an Chyrurgeon-Apothecary who by the said Decreet has the liberty and freedom of exercising both Callings to be joined with an Apothecary for visiting the Drugs the said Nomination so deliberatly done by the Town-Council ought to be sustained and it is humbly expected of the Lords Justice that they would be tender of the Priviledges of the Good-Town and not to take from them that
which is their greatest Priviledge which they enjoy by the Sett and their ancient Rights and Golden-Charter granted to them by the Kings Majesties Royal Predecessors That no Society or Fraternity shall be allowed to meet within Burgh but whom the Magistrats and Town-Council should allow and that none shall proceed or conveen the said Fraternity nor be appointed Visitors but whom the Magistrats and Town-Council shall think fit For if it should be otherways sustained it would tend directly to overturn the fundamental and ancient Priviledges of the Burgh and therefore the desire of the Bill as being most groundless and insolent and impertinent ought to be refused Which Supplication and desire thereof and Answers above-written made thereto being all at length read heard seen and considered by the saids Lords The Lords of Council and Session in regard of the saids Magistrats and town-Town-Council their irregular Nomination of Visitors contrair to the saids Lords their former Act Do as of before pro hace vice Nominat and Appoint and hereby Nominats and Appoints John Fowlis Apothecary to be Visitor for Conveening the Fraternity of Apothecaries upon all occasions And have found and hereby finds that the Magistrats in time-coming ought to nominat one of these persons who sit and meet at the Table of Apothecaries to be Visitor of the said Fraternity Extractum de libris Actorum per me Sic subscribitur Geo MackenÈie Cler. Registr Follows the Ratification in favours of the Apothecaries of Edinburgh At Edinburgh the sixteenth day of June one thousand six hundred eighty and five years OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Ratifies Approves and perpetually Confirms to and in favours of the Fraternity of Apothecaries within the Burgh of Edinburgh all Liberties Priviledges Immunities Seals of Cause or others whatsomever conceived in their favours or granted to them at any time whatsomever either by his Majesty or the Good-Town of Edinburgh And likewise all Decreets Acts Sentences in their favours either of his Majesties privy Council Lords of the Session or any other Judicatory within this Kingdom which are relative to their saids Privilidges and specially but prejudice of the generality of an Decreet of Declarator before the Lords dated the twenty fourth day of March one thousand six hundred and eighty two years Declaring That the Imployments of Chyrurgery and Pharmacy are distinct and that the samen should not be exercised by one person within the City of Edinburgh and Liberties thereof and all other Heads Articles and Interloquitors conceived in their favours contained in the said Decreet And likewise two several Acts of the Lords of Session one dated the twenty sixth day of March one thousand six hundred and eighty four years and the other the twenty fifth day of March one thousand six hundred and eighty five years whereby the saids Lords upon the Town of Edinburghs refusal did themselves nominat one who sits at the Table of the Apothecaries to be Visitor to their Fraternity and likewise found that the Magistrats of Edinburgh ought in all time-coming to nominat such a person to be their Visitor Extracted furth of the Records of Parliament by George Viscount of Tarbat Lord Mackleod and Castlehaven Clerk to his Majesties Parliament Council Registers and Rolls c. Sic subscribitur TARBAT Cler. Registr ACT in Favours of the Fraternity of the Apothecaries of Edinburgh AT Edinburgh the ninth Day of March one thousand six hundred and eighty six years anent the Supplication given in and presented to the Lords of Council and Session by the Fraternity of Apothecaries within the Burgh of Edinburgh Shewing that where the saids Lords by the Decreet of Declarator in the Petitioners favours upon very Rational and Important Considerations separate the two Callings of Chirurgery and Pharmacy and ordained in time coming the saids two Trades to sit at different Tables for making which Decreet effectual the Petitioners having thereafter applyed to the Magistrats and Town-Council of Edinburgh for the time that they might appoint a Visitor for conveening the Petitioners Fraternity which they having then refused the saids Lords did interpone their Authority by ordaining them to do the same and thereafter they having in an insolent manner to elude the saids Lords Sentence nominate an Chyrurgeon and an Apothecary to be joynt Visitors of the saids Petitioners Fraternity upon which the Petitioners did present a new Petition complaining of the said Deportment the said Lords were pleased upon Consideration of the Bill and Answers whereby it appeared that the Town of Edinburgh did refuse to give any Obedience to interpose their own Authority by appointing John Joissie to be sole Visitor for conveening the Fraternity of the Appothecaries for that year on all Occasions and did find by their Interloquitor that in time coming the Magistrats of Edinburgh ought to nominate on of these Persons who sit at the Table of Appothecaries Visitor of the Fraternity and notwithstanding of which Nomination and Deliverance in the Petitioners Favours they having for the next ensuing year again applyed to the Magistrats and Town-Council that they would nominat a Visitor of their own Fraternity and having for that effect given in a List of several Persons of their own number that they might choice they had so little regard to the saids Lords their former Ordination that for that year they did again proceed in manifest contempt and Derision of the saids Lords Authority to nominat an Chirurgeon and an Apothecary to be joynt Visitors of the Petitioners Fraternity which the saids Lords at the end of the last Session did so far resent that upon a new Petition given in by the Petitioners representing that the saids procedure did Nominat and appoint John Fowlis Apothecary to be Visitor for that year and found by their Interloquitor that in all time coming the Magistrats ought to nominate one who sits at the Apothecaries Table to be Visitor of the Fraternity and that the Nominations made by the Magistrats at that time were irregular as the several Acts therewith produced will testify and likewise in farder Testimony of the saids Lords Displeasure they did call in the Town Assessors for the time and did publickly censure them for giving such unreasonable Advice in Contempt of the saids Lords Sentences and although the Petitioners might now have expected that the Lords so frequent reiterated Ordinances would have met with very punctual Obedience yet now the third time they have proceeded to that pitch of Contempt and Disobedience to the saids Lords their Authority that the Petitioners having applyed for a Visitor for this ensuing year and conform to the saids Lords their Decreet and Ordinances and having given in a list for that effect they have conform to their former Custom again proceeded to Nominate an Apothecary and Chirurgeon to be Visitors of the Petitioners Fraternity which to the high and manifest contempt of the saids Lords Authority that tho' the Petitioners should be silent the
Decreet of Separation The Apothecaries of Edinburgh Against The Chyrurgeons there AT Edinburgh the 24th day of March 1682 years Anent the Libel first intented and pursued before the Provost and Baillies of Edinburgh and thereafter Advocat of consent of both Parties Procurators after-named to the Lords of Council and Session and which Summonds is raised at the instance of Mr. James Nisbet then Deacon of Chyrurgeons of Edinburgh and in name and behalf of the remanent Brethren and Friends Chyrurgeons and Barbers of the said Burgh against Patrick Cunninghame Apothecary in the said Burgh Touching the said Defender his hearing and seeing of himself Unlawed and Fined by Decreet of the saids Baillies for his alledged Operating in Chyrurgery he not being a Freeman of that Trade and Calling as in the said Libel Summonds or Precept raised in the said Matter at more length is contained As also anent the two mutual Summonds and Actions of Declarator raised and pursued before the saids Lords the one thereof being al 's well an Action of Reduction as Declarator at the instance of the said Patrick Cunninghame and haill Freemen Apothecaries in the said Burgh Viz. John Kennedy Visitor James Foulis elder Robert Campbell Hugh Neilson Thomas Dalrymple John Hepburn James Aikenhead John Foulis younger Mr. Alexander Hay Mr. James Macmath James Lothian Freemen Apothecaries Burgesses Gild-brethren of the said Burgh of Edinburgh lawfully entered admitted received to whose great hurt and prejudice in the free Exercise of their Imployment as Apothecaries the Acts Ratifications and other Writs after-mentioned are alledged purchas'd and procured at the least are made use of by the saids Chyrurgions against the saids Apothecaries to the prejudice of the just Priviledges of their Imployment as Apothecaries and their assiduous attendance upon the Kings Subjects their Patients in their saids Imployments as for the Health of his Majesties Subjects is requisite and swa having good and undoubted Right to Pursue the Action of Reduction and Declarttor underwritten against the said Mr. James Nisbet present Deacon of the Chyrungeons Alexander Pennicook John Forrest George Scot James Hopkiâ—k William Semple Robert Kennedy Thomas Scot James Cleiland Thomas Edgar John Carmichael and Peter Norie simple Chyrurgeons and Chyrurgeon Barbers in the said Burgh And sicklike Thomas Kincaid William Borthwick John Joissie Hugh Broun George Stirling David Pringle James Ogilvie Walter Turnbull and James Crawfoord Apocary-Chyrurgeons in the said Burgh and al 's against Sir Thomas Murray of Glendoick then Clerk Register and Mr. Alexander Gibson of Adistoun his Deput and the Provost Baillies and Town-Council of the said Burgh of Fainburgh and Mr. James Rockheid of Innerleith their Town Clerk for their Interests and all others having or pretending to have Interest in the said matter under-written Toutching the said Chyrurgeons and others Defenders in the foresaid Action their bringing with them exhibiting and producing before the saids Lords of Council and Session Imprimis An Ratification alledged past by the pretended Parliament 1641 years whereby certain Priviledges Writs and Rights are alledged ratified to and in favours of the Chyrurgeons of Edinburgh particularly giving them Power to take apprehend and imprison unfreemen Contraveeners of their Priviledges ay and while they enact themselves under the pain 20 pounds Scots toties quoties which Ratification is dated the _____ day of _____ one thousand six hundred and fourty one years foresaid Item An Act of the town-Town-Council of Edinburgh of the date the _____ day of _____ one thousand six hundred and fourty three years Wherein the applying of Cere-Cloaths are decerned properly to belong to the Chyrurgeons Item Another Act of town-Town-Council of Edinburgh dated the _____ day of _____ 1655. Whereby the several Distempers therein enumerat in the whole Cure and Accidents of the samine are allowed to Chyrurgeons allenarly Item An Act and Ratification past in favours of the Chyrurgeons in his Majesties late Parliament 1670 years or of whatsoever dates tenor or contents the samine are of to be seen and considered by the saids Lords and to have heard and seen the samine reduced retreated rescinded cassed annulled and decerned and declared 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 saids Pursuers reponed and restored in integrum there-against cum omni causa sicklike as if the samine had never been made given nor granted in return natura And whilks Acts Ratifications and others above-written being swa reduced the said Defenders to hear and see it by Decreet of the saids Lords found and declared that it shall be no ways lawful for them to molest and trouble the Pursuers or their Successors in the free exercise of their Calling and Imployments as Apothecaries as they questionably are and formerly have been in use of exercising the samine until the saids Lords shall by the advice and council of disinterested learned and capable Physicians and with a due regard to the Interest of his Majesties Subjects shall in their Decreet to follow thereupon prescrive such Rules and Orders for the regulation and distinguishing of the said two Callings of Apothecaries and Chyrurgeons as the saids Lords shall in Justice and by Advice foresaid think most fit and proper for the health ease and conveniency of his Majesties Subjects and due incouragement preservation and improvement of that so noble and necessary Faculty of Medicine in all the parts and branches thereof in due and beseeming order within this ancient Kingdom And which two Callings of Apothecary and Chyrurgery being sua distinguished by the saids Lords as said is all such Apothecaries and Chyrurgeons who take upon them to use and confound both Callings while as yet undistinguished to hear and see themselves decerned and restricted to make their choice and election which of the saids two Callings they will exercise and practise in time-coming And to hear and see themselves decerned lyable to observe the Rules and Orders sua to be prescrived either as simple Chyrurgeons or simple Appothecaries without confusion of the two Callings in one as should be determined by the saids Lords thereintill as also to hear and see 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 same and al 's that it's lawful and leisum to the Apothecaries to use Phlebotomie when the samen is asked upon occasion of inward distempers and to give Dyetts and Medicaments at all occasions As also to hear and see it found and declared that it shal not be lawfull or competent upon any pretended contraventions of the saids Rules to trouble or molest the members of either calling except they be taken in the Act of contravention per manus injectionen in crimine flagranti as is allowed to and practised by other Trades and Incorporations allenerly And that it it shal
Deacon but that they and their Authors and Predecessors did exercise the Trade at their own hand allanerly without any Freedom Tollerance War and Power or Authority had or obtained frâ—e any of their Superiors in time bygone and therefore the Provost and Council of the said Burgh of Edinburgh Fand and Declared that the foresaids persons Barbars in the Cannongate had no Liberty to exercise the Trade within no part of the Bounds pertaining to the Jurisdiction of the said Burgh of Edinburgh as in the said Act of Council at more length is contained And likewise the Baillies of the Cannongate by their Act Dated the 22 of August 1649 years foresaid Ordained the Barbars of the Cannongate to take in their Signs until they become obedient to the Deacon and Trade of the Chyrurgions of Edinburgh and accordingly Robert Priest John Stevenstone Andrew Robertson John Bowstone Robert Yule and Andrew Turnbul Barbars in the Cannongate Compeared before the saids Baillies and willingly and of their own accord did in Obedience to the foresaids Acts and Oâ—ders submit themselves thereto and were willing to subject themselves to the Deacon and Craft of the Chyrurgeons of Edinburgh their Orders and Injunctions as in the said Act at more length is contained And in like manner the saids Provost Baillies and Council of the said Burgh of Edinburgh by another Act Dated the 12th day of August 1649 years relative to the foresaids Acts above-written mentioning that notwithstanding of the saids Acts the Baillies of the Cannongate had done no Diligence against Unfreemen therefore the saids Provost Baillies and Council of the said Burgh of Edinburgh ordain the Baillies of the Cannongate Regality and Barony of Brughtoun the Baillies of Leith Barony of Portsburgh and other Pendicles within the Jurisdiction of the said Burgh of Edinburgh and their Successors or their Officers in their Names within their several Bounds respective foresaid to give their Concurrance to the Deacon of the Chyrurgions and Barbars of the said Burgh of Edinburgh in taking Order with the Unfreemen Chyrurgions and Barbars and all such as were Disobedient to their Orders and Injunctions within their several bounds respective above written and especially ordained the Baillies of the Cannongate to Discharge the Persons above-nominat and the Barbars within their bounds and all other persons whatsoever from taking upon hand to exercise the said Art of Chyruâ—gery or Barbar Craft and from putting out Signs and Basons in time coming till they obtain Liberty from the Chyrurgions and Barbar-Craft of Edinburgh under the Pain of Imprisonment of their Persons and paying of 20 lib. of Unlaw toties quoties and farther Censure as effeirs And sicklike ordained the Baillies to take in their Signs and Basons and to compel them to Obedience And in case the saids Baillies should happen to neglect or slight their Duty then and in that case the Magistrats of the said Burgh of Edinburgh or the Deacons of the said Chyrurgions and Barbars of Edinburgh with Concurse of the Officers of the said Burgh of Edinburgh are Authorized by the said Act to pass to the said Burgh of the Cannongate and respective places foresaid and to Discharge the saids Unfreemen and to compel them and all other Persons whatsoever exercising the said Trade of Chyrurgery and Barbar-Craft to the Obedience of the said Act. And gave Power to search and apprehend Unfreemen and use Probation against them as accords of the Law and to do all and whatsoever other things requisit for curbing of the saids Unfreemen and bringing them to due Obedience or Punishment and ordained the said Act to be extended against all Unfreemen within the haill Bounds of the Priviledge and Jurisdiction of the said Burgh of Edinburgh Pendicles and Suburbs of the samen whatsoever in time coming as the said Act at more length proports And farther the Baillies and Council of the said Burgh of the Cannongate by an Act Dated the 2d day of August 1649 years did Statute and Ordain Robert Priest Andrew Robertson Robert Yool Robert Paterson William Wairsdail John Forsyth Andrew Turnbul William Burn John Mackmath Charles Scot William Wright John Bouston Alexander Smith and John Stevenstone Unfreemen and Barbars in the Cannongate to take in their Signs and Basons and to exerce no part of Chyrurgery nor Barbar-Craft within the Cannongate nor Priviledges thereof in no time coming while they obtain Liberty and were subject to the Orders and Injunctions of the Deacon and Freemen of the Chyrurgions and Barbars in Edinburgh and ordain the Upsets and Entries of all that should obtain Liberty to exerce the Trade within the Cannongate to the Will and Discretion of the Deacon and Trade of the Chyrurgions and Barbars of Edinburgh and their Successors and also ordained that the Prentices of such as should enter and give Satisfaction to the said Deacon and Trade of the Chyrurgions of Edinburgh should pay no more for the Burgessships than other Prentices they always shewing a sufficient Testimonial that they are Booked in the Books of the Incorporation of the Chyrurgions and Barbars of Edinburgh and no otherways as in the said Act at more length is contained Moreover the saids Baillies of the Cannongate by another Act Dated the 7th Day of February 1649 years foresaid did Decern Ordain their haill Barbars of the Cannongate to compear before the said Deacon and Craft of the Chyrurgions of Edinburgh within their conveening houses in the said Burgh of Edinburgh and there to subscribe an Act in the Chyrurgion and Barbar Crafts Books of Edinburgh to underly and be subject unto all their Decreets and Ordinances bygone and to come and to give their Oath before the said Deacon and Craft for that effect and that betwixt the date of the said Act and the 13th day of the said Month of September with Certification to all these Unfree-men who did not compear and give satisfaction to the said Deacon and Craft in Edinburgh and that they should be left to the will and pleasure and disposing of the said Deacon and Craft in Edinburgh for their Upsets and Entries and all other Dues that should happen to be imposed upon them by the said Deacon and Craft and all other Unfreemen in time-coming as in the said Act of the date foresaid at more length is contained Attour The saids Baillies of Cannongate by another Act dated the 10th day of February 1654 years Did Statute and Ordain that every Prentice of the Barbers in the Cannongate should pay no more but 10 Pounds Scots Money for their Burgeship of that Burgh the saids Prentices always showing an sufficient Testimonial that they were booked in the Books of the Incorporation of the Chyrurgeons and Barbers of the said Burgh of Edinburgh and an sufficient Testimonial of the Deacon and Incorporation aforesaid that they have served out their Time fully with their Master And farder the saids Baillies did Statute and Ordain that the haill Prentices of the Barbers of the Cannongate their Designations
and their Burges Tickets should be Barbers allanerly and not Chyrurgeons as the said Act at more length proports And farder the said Provost Baillies and Council of the said Burgh of Edinburgh by another Act dated the 27th of June 1655 years Did declare their said Act above-written of the date in December 1643 to extend to the whole Apothecaries and their Servants present and to come as if they were specially insert thereintill and also that the Apothecaries Unfreemen of the Chyrurgeons has no liberty but as Burgesses And sicklike that the Operations and Applications contained in the Act of December 1643 upon the living and dead Bodies of Men Women and Children and the curing of the Diseases therein-mentioned as Tumors Wounds Ulcers Luxations Fractures curing of Verols c. and their accidents by Operations Applications Diet Medicaments and what else requisite to the compleat Cure belongs properly to the Freemen Masters Chyrurgeons of the said Burgh of Edinburgh being tryed in Theory and Practice sworn and admitted to the degrees of Mastership in Chyrurgery before the said Incorporation allanerly and no other person whatsomever And therefore did Statute and Ordain that whatsoever Apothecaries or their Servants or any other persons whatsoever who are not Freemen Chyrurgeons of the said Burgh of Edinburgh should be found guilty of using or exercing any Cure Operation or Application Chyrurgical foresaid or any part or point of their Calling within the said Burgh of Edinburgh Liberty or Jurisdiction thereof that they should be punished and lyable in payment of the said Unlaw of 20 Pounds Money foresaid conform to the Act of Parliament so oft as the samine shall be proved against them pro ut de jure upon Complaint one or moe ipso facto without any furder Proces of Law And seing that William Jackson Servitor to John Hamilton Apothecary was found to have contraveened the said Act of December 1643 the said Provost Baillies and Council ordained him to pay the said Unlaw of 20 Pound toties quoties for ilk Fault and referred the furder Censure of his Misbehaviour to the Baillies Likeas The said Provost Baillies and Council did by the said Act Ratifie and Approve the whole former Acts of Council made and granted in favours of the Chyrurgeons of the said Burgh of Edinburgh as if the samine had been specially insert in the said Act and ordained Intimation thereof to be made to the Apothecaries or any others concerned therein that none might pretend ignorance of the samine as in the said Act at more length is contained Conform to the whilk Act the said William Jackson being fined by the Baillies in the Sum of 40 Pounds Scots Money for two Faults committed by him in applying of Couters and letting of Blood at two several times being upon a single Complaint the one Fault confessed by himself and the other refused by him to declare upon being referred to his Declaration and having payed the foresaid Sum of 40 Pound to the Baillies of the said Burgh of Edinburgh they did send by the hand of James Gray one of their Officers the Sum of 20 Pounds as being the equal half of the said Fine to the deceast William Burnet Deacon of the Chyrurgeons of the said Burgh of Edinburgh for the time to be applyed by him for the use and behove of the said Incorporation of the Chyrurgeons conform to their Seal of Causes Rights and Priviledges above-mentioned as authentick Instruments taken thereupon in the Hands of Robert Adamson Nottar Publick of the date the 10th day of September 1655 years at more length proports And in like manner the said Provost Baillies Council of Edinburgh by another Act dated the 25 day of Feb. 1657 years proceeding upon an Supplication given in to them by the Apothecaries and the Chyrurgeon-Apothecaries of the said Burgh of Edinburgh did Statute Ordain that from thence-forth no person should be admitted to the Profession Practice of the Art of Apothecary within the Burgh of Edinburgh or Liberties thereof but such as having obtained the Freedom of being Burges and Gild-Brother of the said Burgh should make their Address by Petition to the Council for their Recommendation to the Apothecaries and the Chyrurgeon-Apothecaries and their Succeâ—â—oâ—s for their Tryal and Examined and that Report should be made by the Appothecaries and Appothecarie Chirurgeons and their foresaids to the Counsel of their Abilities and Qualifications in the said Art in which case the Counc l is to admit them to that Profession and for that effect the Council of the said Burgh of Edinburgh gave Power Warrand and Commission to the saids Appothecaries and Chirurgeon Appothecaries and their foresaids in all time coming to Try and Examine the Abilities and Qualifications of all such Persons who intend to converse with profess and practise the said Art within the said Burgh and Liberties thereof being recommended in manner foresaid And did Statute and Ordain that no manner of Person or Persons whatsoever within the said Burgh and Liberties thereof should not presume nor take upon hand to profess nor practise the said Art of Appothecary or any part or point thereof privatly or publick y who should not be admitted and found Qualified in manner above-written under the pain and punishment of the Contraveeners in their Persons and Estates And sicklike did Statute and Ordain That the Baillies one or moe for the time with the Dean of Gild and two or more of the Appothecaries and Chirurgeon-Appothecaries and their foresaids to be nominat appoinâ—ed by the Council being Persons of most approven Integritie Skill should from time to time visit the Sufficiency of all sorts of Drugs within the said Burgh of Edinburgh and Liberties thereof and Seize upon such Drugs as they should find insufficient and Report the samen to the Council whereby the Havers and Users thereof may be condignly punished in their Persons Estates according to the Quality of their Fault and their Fines and Penalties to be applyed to the Use of the Good Town of Edinburgh as the said Act of the Date foresaid at more length proports And al 's the said Provost and Baillies of the said Burgh of Edinburgh by their Act dated the ninth day of November 1660 years mentioning that it pleased the Council of the said Burgh of Edinburgh to make choice of the deceast Arthour Temple Chirurgeon to be one of the Captains of the said Good Town of Edinburgh And seing that by the Laws and Customs of most part of Kingdoms and Nations Men of that Profession are allways Exeemed from any such Charge and Office Their Calling being such wherein the very Lives of People are concerned besides that the said Incorporation of the Chirurgeons having many and divers antient Rights Liberties Priviledges and Immunities granted to them and their Successors and Ratified by Kings Queens and Parliaments of this Kingdom And therefore the Deacon and Brethren of the said Incorporation of the Chirurgeons by Their Supplication given in
Petitioners conceives the said Lords their Interloquitor as founded upon the nature of the Thing and the Opinion of the Physicians was no way controverted but it was humbly represented to the saids Lords that this Debate was founded upon the Priviledges granted by the Town of Edinburgh as having Right from his Majesty to grant the same is yet intire and that because neither did the Lords read and consider at the advising of the Cause the Right founded upon by the Town of Edinburgh nor was the said Interloquitor at all consistant with these Rights for it could not be denyed that his Majesty or the Town as having Right from him might have allowed no Apothecaries but have granted all their Priviledges to the Chyrurgeons and therefore a fortiori they might have restricted the Appothecaries at their erection to any particulars they pleased and which is more they ought to have restricted them and they could not have taken from the Chyrurgeons the jus quesitum by their Seal of Cause and other Rights 2. That Point viz. whether these Priviledges of the Chyrurgeons should hold only inter concives was never debated and if it had the saids Petitioners could by most unanswerable Arguments evinced that these Priviledges should extend to all the Priviledges of the City as the Liberties of Baxters Tailors all the other Trades does even the Jurisdiction of the Magistrats is extended to all within their liberty and not restricted ad concives the saids Lords Jurisdiction is extended to all who are in Scotland not restricted to Scots men or where were ever the Petitioners heard to debate why the Opinion of Physicians should not be taken in that case so that that Point should be yet allowed to be debated the saids Lords never refusing to hear parties even after Interloquitor upon points that were not debated and this was al 's great an Infringment upon their Liberties as that which was pleaded by the Apothecaries and in which the saids Petitioners are al 's much concerned Craving therefor that the saids Lords would be pleased to stop the extracting of the said Interloquitor till the Petitioners be heard upon these weighty points in which they and all the Trades in Edinburgh yea and the Town of Edinburgh it self and all the Burghs of Scotland are so much concerned according to Justice as the said Supplication also more fully bears Which being likewise read in presence of the saids Lords and they having heard seen and considered the same notwithstanding of what was therein represented Adhered to their said former Interloquitor and refused to stop the extracting thereof and thereafter the said Action of Declarator pursued by the said Apothecaries against the Chirurgeons being again called in presentia and both Parties compearing by their respective Procurators above named the Procurators for the said Apothecaries repeated their Summonds as to the point that the Callings viz. Pharmacy and Chirurgery should be separat they being two distinct Trades and Imployments of their own Natures and that attending and following of either being sufficient to take up any man and the confounding of both these Trades being a late abuse crept in since the year 1649 years and was allowed by the Magistrats to conciliat favour with the Deacon of that Trade to favour them in the Election of the Magistracy and therefore these two Trades and Imployments ought to be separat and declared distinct and the present Chirurgeons and their Successors who do joyntly exercise both imployments should make their Election and be restricted to one of these in time comeing and discharged to take an Apprentice with respect to both imployments but only to be Booked as Apprentice in the Trade and imployment of Pharmacy or Chirurgery as their Masters have elected and chosen the same Secundo There ought to be a Distinction betwixt their Trades as well as all other Trades and the Trade or Chirurgery being erected with a Seal of Cause and distinct as any Trade in the Kingdom ought not to be confounded and that this ground of Declarator would be sustained in other Trades as uncontraverted And therefore it ought to be sustained in this it being a Confusion inconsistent with the policy and interest of the Kingdom Tertio The Declarator is founded upon King James Decreet Arbitral which is the foundation of the Right whereby all Trades are ordained to be Erected and distinguished from others To which it was answered for the Chirurgeons by their saids Procurators that the foresaid Declarator could not be sustained as to the point of Separation of these two Imployments of Apothecary and Chyrurgeons First Because Chyrurgeons by ancient Seals of Cause are erected a Deaconrie as one of the Trades of Edinburgh with Liberty to receive Apprentice and to make them freemen Secundo As Burgesses and Gild-Brethren they were in a Capacity to exercise the Imployment of an Appothecary before the Erection of Apothecaries in a Fraternity which was by an Act of the town-Town-Council of Edinburgh in Anno 1657. and any man in Edinburgh that was a Freeman before the said Act might have exercised Pharmacy without any Tryal and may untill this Hour upon their byding a Tryal and being found qualified and Pharmacy is not a Trade or erected by a sale of Cause as other Trades but an Imployment which by the Constitution any Freeman that is found qualified may exercise Tertio The present Chirurgeon Apothecaries are eminently fitted and capable for exerciseing both Imployments and whereof they and their Predecessors have been in Possession of Exerciseing of both past all Memory thereby has prescribed 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 Chyrurgeons have it by their Seal of Cause and it is most consistent with the Interest and Condition of the Nation that the Leiges should not be forced to employ both a Chyrurgeon Apothecary when one may do both Quinto It were Destructive of the Town of Edinburghs Power by their Charters of Erection to have Right to Erect Deaconries and to Appoint the Regulat the several Trades within the Burgh and to conjoyn and separat them as they think fit Likeas the Chyrurgeon-Apothecaries their Priviledges are Ratified by King and Parliament and His Majesty in his late Patent granted to the Physicians doth acknowledge Chyrurgeon-Aoothecaries in whose Priviledges are Settled and Reserved by the said Patent and Appoints them as joynt Visators with the Physicians of the Drugs to be sold or made use of Whereinto it was Replyed for the Apothecaries by their saids Procurators That these Pretences sounded upon by the Chyrurgeons were most Frivolous and the Apothecaries Declarator for the Separation of these two Employments was most Just and Rational and though the Chyrurgeons did make a Clamor and Noise as if it were a Matter of State and Government and did Alarm the Town of Edinburgh as if their Charters of Erection
and Priviledges were Impugned Invaded yet all such Stuff and Pretences is nothing but the common Methods of amusing of Clients or the willful and ignorant Mistakes of Lawyers that must now reduce all privat Debates to Politicks of Government which is foolish and impertinent Nonsense For primo The Declarator concerns none but the privat Right and Interest of the Apothecaries and Chyrurgeons Secundo Albeit the Town of Edinburgh by their Charters of Erection from His Majesty and His Royal Predecessors hath power to Erect Trades and Deaconries so likeways all our Royal Burghs of the Kingdom have the same Tertio There hath been nothing more ordinar than Declarators before the Lords of Session of one Trade against another for their respective Liberties and Priviledges which the Lords of Session have always Determined according to Law and Justice without the least Invasion of the Charters of Erection granted to Royal Burrows nay have many times sustained Declarators decerning the Magistrats to Erect and Incorporat Trades unto Deaconries and to give them an Interest in the Government of the Burgh notwithstanding the Government had been otherwise exercised past all Memory and which the Lords of the Session and supream Judges of the Kingdom may and ought to do Quarto That as to the old Rights and Seal of Cause the foresaid 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 Edinburgh of late it was ultra vires and the Town could not joyn other Trades inconsistent or inconvenient to be joyned there being not two Trades or Employments within the Town of Edinburgh that are more contra distinctione one from another than Chyrurgery and Pharmacy and therefore according to the Practice Example and Policy of the Town of Edinburgh and of all other Royal Burghs as all other Trades which are distinct in their nature are separat and not confounded and cannot be exercised but by one so there is the same and greater Reason for the Separation of Chyrurgery and Pharmacy And as to the King his making mention of the Chirurgeon Apothecaries in the late Signature imports nothing it being a simple Designation and there being an Deacon does not import that there can be no distinct Trades for there are several Deacons in Edinburgh that have many distinct Trades under that Deaconrie as the Wrights have Plaisterers Cowpers Bowers Club-makers and many others and the Chirurgeons cannot pretend that they exercise the Trade of Pharmacy upon any distinct Right or Priviledges granted to them by their Seal of Cause or any Deed of the Town prior to the Erection of the Fraternity of Apothecaries but only as Freemen in the Town and have the same Right that all Burgesses have of being Apothecaries if found qualified and as to that which is pretended upon the Chyrurgeon Apothecaries there having been in Possession of exercising both these Imployments past memory of Man and that they have prescribed a Right of both and that any Burgess might have exercised the Art of Apothecary and sold Droggs before the Erection of the Apothecaries in a Fraternity in Anno 1657. The pretence is most unwarrantable For Primo It is evident by the Report of the Physicians it was but a late Abuse and no such thing was known or practised but during the late Troubles and James Borthwick was the first man that ever attempted or practised the same 2. The Imployment and Art of an Apothecary is most grosly taken and confounded with that of a Drogist which is but a common Merchant which any Burgess or Gild brother may practise by bringing home and selling Druggs as other Merchandice whereas the Art of an Apothecary consists in the Knowledge and Composition of Druggs 3. Although the Chyrurgeons could pretned to any possession of exercing both Imployments that any such Possession being contrary to and inconsistent with the publick Laws of the Kingdom the publick good Pollicy of the Nation the interest of his Majesties Subjects can never prescribe any Right but the Law looks upon each possession to be nothing but coruptella vetustaserrores and can never induce any prescription especially seing there is not so much as the pretence of any Title or Right produced before the pretended Act in anno 1657 erecting the Apothecaries in a Fraternity and even that Act does no ways authorize or allow the same person to exercise both these Imployments or confound the same but only declares that none should exercise the Imployment nor Art of Apothecary but such as should be thereafter found qualified and tryed by the persons mentioned in the said Act and their successors amongst whom there were Chyrurgeon-Apothecaries at that time but the said Act does no ways allow authorize or confound these two Imployments to be exercised by one and the same person or hinder the Apothecaries to crave Redress against the same which they now do by this just Declarator and which as being a publick Interest and actio popularis quivis depopulo competit it being against the Publick Interest and Policy and Prudence of this and all other Nations that distinct Trades and Imployments should be confounded even though the Act of the Toun Council anno 1643. and 1655 sustain the Apothecaries their Declarator as to the Point of Searcloaths although they were expresly excluded from Application of Searcloaths by the saids Acts so the Lords of Session ought to sustain this Declarator as to the Separation of these Imployments though there were an express Act of the Town Council of Edinburgh to the contrair as there is now being contrair to the publick good and Interest and to the Acts and Constitutions of the Burgh as to the case of all other Trades and the Town of Edinburgh by their Chartours of Erection 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 Session as the supreme Judges with the due respect of the publick good and Interest of the Subjects and Pollicy and Prudence of other Nations To which it was Duplyed for the Chyrurgeons by their said Procurators that the Town of Edinburgh in the year 1649 with consent and at the earnest desire of the Apothecaries having determined the Chyrurgeons Right as to the Points controverted by any posterior Act 1657 the Town could not by the erection of the Fraternity of Apothecaries do any Deed in prejudice of the Chyrurgeons tho the said Erection did impinge upon their Right as it does not and this Declarator raised at the Apothecaries instance being in effect a Reduction not only of the Chyrurgeons Right but of the Towns Priviledges the same cannot be sustained by way of Declarator but there must be Summonds of Reduction raised 2. By the foresaid Erection of the Fraternity no Burgesses of Edinburgh are excluded from being
Pharmacians and Apothecaries providing they can undergo a Tryal and since any Burgess may be why not the Chyrurgeons who are alwise willing to be tryed and cannot be supposed but to be best qualified in respect of the Contingency of the Imployments 3. By the said Erection of the Fraternity the Office of Apothecary is not settled as any distinct Trade but continues as a part of the Gildrie and the Entrant enters as Merchants by applying first to the Council without any Distinction except as to the Trial for they pay no Composition whereas the Chyrurgeon Apothecaries their Apprentices before they receive them are severely tryed in the Greek and Lattine Tongues and must serve five years to the Trade and thereafter be three years in their Studie and Travelling before they can be tryed to be a Master 4. In the foresaid Erection the Apothecaries hath acknowledged the Chirurgion Apothecaries their Right have homologat consented thereto by joyning with them in the Petition whereupon the Act followed and by which Act of Erection it is expresly provided that the Apothecary Chirurgeons at least some of their Number appointed shall be Examinators to the entrant Apothecaries As likeways they Joyned together in obtaining an Ratification of Parliament in anno 1670 of the foresaid Act and so the Chirurgeon Apothecaries having both Priviledge and prescription of their Possession by vertue of the said Decreet Arbitral and Homologat by the said Act of Erection their Right and priviledge of vending and componing Drugs cannot be taken from them without doing them unjustice and the pretence of the Conclusion and inconsistencie of the Calling is ridiculous the Trade of Apothecaries being no particular Calling and the Chirurgeon by his Art and Calling being oblidged to understand and qua talis most be necessitat to have Skill both of Drugs Herbs and other Chymical Extracts for the Cure of those Diseases that are the proper object of the Calling and the Chirurgeon Apothecaries not being now in acquirendo jure but in the Possession of Rights and Priviledges Secured to them by Law and Possect past all Memory the samen can by no means be taken from them And as to the haill Points now contraverted are Establishkd by Law The King who has the sole 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 apprehensions or Reasons that there might be a better Government which would be a preparative to unhing all the Rights of King and People and this beside the convniency and Interest of the People that they be not compelled to Imploy two when one may serve and the sustaining of this Declarator will be a preparative to all the Trades to quarrel the Constitutions of the Trade and what the Town has done in this is Ratified by King and Parliament and that with the knowledge and concourse of the Apothecaries so that it is more as an ordinary Ratification As likeways the King by the Patent granted to the Physicians has appointed the Chirurgeon Apothecaries to be joyned with the Physician 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 Reservation in the said Patent is only as to Physicians and not as to Apothecaries and by the Act of Council it is declared that the Chirurgeon Apothecaries theâ—r Right shall be Ratified by the King and to all the point of prescription is opponed and joyned which is strongest in point of priviledge of any thing in the World and the Immemorial possession is by consent publickly open and owned in all the Judicatoris of the Nation Quinto It was Triplyed for the Apothecaries before the said Procurators that the Arguments founded upon the antiquity of the Chirurgeon is no Argument at all for albeit of Old the Chirurgeons were the only Doctors al 's well as Apothecaries yet now seing we are Civilised and are Subject to the Diseases of other Nations so the Supplicants policy has allowed of these Remedies which in other Nations are exercised by several persons all which is cleared by the Report by the saids Lords their Order taken thereanent of the Customs of other Nations and as by particular Acts of Parliament it is provided that the different Trades should be exercised by different persons So by the Custom of Edinburgh in all other Trades it is observed as cannot be denyed and their Trades as being of greater concern ought rather to be distinguished and it is a Mistake to say that they are by their Erection confounded for the Apothecaries adhere to their Erection and Seal of Cause for the Erection is for the Chirurgeon-Barbars And as to what is alledged that the King did give the Power to the Magistrats to dispose and determine the Trades within the Town It is Ansered that the Power was not absolute and unlimited but secundum bonum aequum the King has given the same Power to all the Royal Burghs in Scotland and yet the Lords of Session Decerned the Magistrats of Burntisland and gave the Burgesses thereof Deacons and Gildrie though the Magistrats thereof did Oppose it and there is nothing in the Prescription founded upon for before the year 1649 this Chirurgeon Apothecary was never heard of and their first Writ is in the 1657 year of GOD and although their Arguments as to the Town of Edinburgh their having already determined might al 's well have been applyed to the two points of Blood letting and application of Cerecloths which notwithstandig the Lords have already determined in it were absurd to prevent That the Town of Edinburgh by vertue of the power given to them have power to confound Trades and Employments without control or to do any thing inconsistent with reason or the Interest of the people and if they should do it the Judge Orinary may and should redress it but this debate is not contrary to any thing in the Erection but most consistent requisite for the simple Chyrurgeons in whose favours the Erection is for now neither the simple Chirurgeons nor simple Apothecaries can get a Prentice seing the Prentice for the same Câ—arge aâ—d Pains can acquire both Trades And the conclusion of this Declartor is not only that the Chirurgeon Apothecaries now are not only to Elect of one of the Employments but likeways it was craved that thereafter they might be discharged 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 persons for it is very well kown that the Chirurgeon takes both for his Drugs and Pains exorbitantly and all the exorbitant priviledges were given the Chirurgeons by the Magistrats upon the account of their Interest in the Election of the Magistrat and what is now craved by the Apothecaries is
Petitioners had any thing in Law to represent upon the morrow thereafter against the oblidging them to sit 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 saids Lords by the said Chirurgeon Apothecaries shewing That where they immediatly after sight of the saids Lords their last deliverance upon the foresaid Bill given by them past that same Afternoon which came to the Supplicants hands late at Night the Petitioners did their utmost endeavour to procure meeting of their Advocats which after all imaginable diligence they could not obtain in respect they were surcharged with a crude of Affairs the penult day of the Session and seing there were a great many matters of Fact coming daily to the Petitioners knowledge whereby the inconsistency of the separation of the two Tables of Chirurgery and Pharmacy during the Petitioners lifetimes even to former Interloquitors will unquestionably be made appear and which requires only the deliberat advice of their Lawyers to put in form It was therefore humbly craved the saids Lords would ordain the Petitioners Advocats to Consult them therein to the effect the saids Lords might be fully cleared in that point being confident to assert that neither the Pursuers nor Physicians their assistants has or shall be have more loyaltie towards his Majesty some of the Petitioners being at Worchester Fight attending upon his Person and sequestrat for their loyaltie by the Usurpers nor has been nor shall be more obsequous and ready to serve the saids Lords and Leidges with their skill and pains with the Petitioners who has given proof to the whole Nation how useful and necessar these Employments has been in their persons as the said last Supplication also extant in Proces more fully bears and which being likeways read in presence of the saids Lords and they having heard seen and considered the samen found the desire thereof improper for them to meddle in and refused to give any stop upon such pretences and ordained the Decreet to be given out Extractum de libris actorum per me sic Subscribitur George MackenÈie Clerk Register Act in Favours of the Apothecaries of Edinburgh AT Edinburgh the twenty sixth day of March one thousand six hundred Eighty four years anent the Supplication given in and presented to the Lords of Council an Session by the Apothecaries of Edinburgh shewing that where there being a Decreet of Declarator pronounced by the Lords separating the two Callings of Chirurgerie and Pharmacie and ordaining them to sit at different Tables and allowing the present Chirurgeon Apothecaries to make their Election at which Table they will fit under the certification that if they did not condescend declare betwixt and a certain day conform to the said Decreet to be reputed as Chirurgeons and to sit at their Table allanarly and the Petitioners in pursuance of the said Decreet of Declarator having presented a Petition to the Town Council of Edinburgh humbly desiring the Magistrats and Council to nominat and appoint to them a Visiter 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 March one Thousand six hundred fiftyseven all the priviledges therein contained did now properly belong to the Fraternity of Apothecaries and not to the Apothecarie Chirurgeons as being declared by the said Decreet to be separat and distinct Callings the desire of which Petition being so just and the import and effect of the Lords Decreet of Declarator was at the first reading past nomine contradicente but thereafter by the importunity and influence of the Deacon of the Chirurgeons was thereafter stopped and albeit the Petitioners has by renewed applications earnestly desired the Magistrats and Council to grant the desire to the said Petition yet they are not able to prevail such is the power and influence of the Chirurgeons The present Deacon who is a counseller being a Chirurgeon Apothecary and in regard it is just and necessar for vindication of the Lords own authority to see their own just Decreet and Sentences rendered effectual and that the separation of the two Callings of Chirurgerie and Pharmacie was found by the Lords to be consonant to Law and founded upon consideration of publick utility and the good of his Majesties Subjects and that the said Decreet of Declarator for separating these two Callings of Pharmacy and Chirurgery would be rendred Elusory and of no effect if the Petitioners shall not have a Visiter nominat who may conveen their Fraternity of Pharmacy and that it is the just import and effect of the said Decreet of declarator that the whole priviledges and immunities contained in the foresaid Act declaring the Apothecaries in a Fraternity should be declared Solely to appertain and belong to the Apothecaries as separate and distinct from Apothecaries Chirurgeons and therefore humbly craving that the Lords would in vindication of their own authority as well as the Petitioners Right ordain the present Magistrats and Council to nominat and appoint a Visitor for conveening the Fraternity of Apothecaries upon all occasions and likeways to pass an Act under the Town Council of Edinburghs Seal declarseng the foresaid Act dated the twenty fifth of March one Thousand six hundred and fifty seven and the priviledges therein contained only to belong to the Fraternity of Apothecaries as being now declared by the Lords Decreet to be a separate Calling from Chirurgeon Apothecaries and that the Lords would be pleased to ordain the Magistrats and Council to do the samen under such certifications as the Lords should think just whilk Supplication and desire thereof being considered by the saids Lords they ordained the Procurators for the Chirurgeon Apothecaries to see and answer the same the next day which being accordingly given up to the saids Procurators to see they returned the samen with the answers following viz. Primo That it is strange with what confidence the Apothecaries can trouble the Lords with such a groundless and rediculous Bill seing they are not obliged Summarlie to answer upon a Bill no man being obliged to answer upon a Bill where there is no depending Proces except he be a Member of the Colledge of Justice and that in things relating properly to his Office and Employment far less can any Incorporation or Community be obliged to answer upon a Bill without there were Signet Letters raised and the persons formally cited and the Proces came in to be called by the course of the Roll conform the Act of Regulation for if it were allowed there should be no use of Signet Letters and would overthrow the foundation of Law and form Secundo This is already depending before the Town Council of Edinburgh as appears by the Apothecaries own Bill they haveing given in a Petition to the Town Council to the same purpose to whom it is proper to cognosce upon such differences and to
appoint Visitors as they shall think fit that being the Towns particular priviledge both by their Charters and by their Sett it being expresly provided by the Sett that neither Merchants nor Crafts and their Deacons nor Visitors shall have or make any general or particular meeting but by the advice of the Magistrats and Town Council Tertio It is a strange piece of confidence that the Apothecaries should desire that the Magistrats and Town Council should be ordained to appoint a Visitor for conveening their Fraternity and to grant such priviledges as they shall desire which is down right centrair to the priviledges of the Town and the Sett and to crave that that should be done under a certification and that without so much as calling the Magistrats then which there can be nothing more rediculous and absurd and therefore seing the Chirurgeons and Chirurgeon Apothecaries are not obliged Summarly to answer a Bill and that this Proces is already depending before the Town Council to whom it properly belongs to cognosce upon such differences and that the Magistrats whose priviledges are principally concerned are not called the desire of the Bill as most groundless and absurd ought to be refused and when the Apothecaries shall raise any action of Declarator they shall have an answer Whilk Supplication and desires thereof and answers above written made thereto being at length read heard seen and considered by the saids Lords and they being therewith well and ripely advised the Lords of Council and Session upon the eighteen of March instant ordained the Magistrats and Town Council of Edinburgh to nominat and appoint a Visitor for conveening the said Fraternity thereafter the said Apothecaries of Edinburgh gave in an other Supplication to the saids Lords shewing that where the Petitioners having applyed to the Lords representing that albeit they had several times petitioned the Magistrats and Town Council of Edinburgh to nominat and appoint a Visitor to the effect the Apothecaries might meet and conveen for tryal and Examination of intrants and doing their other affairs yet notwithstanding such w s the power and influence of the Chirurgeons that they could not obtain so just a desire and which was done of purpose that the Petitioners might be deprived of the benefite of your Lordships Decreet of Declarator separating of the two Callings of Pharmacie and Chyrurgerie And therefore craving that the Lords would ordain the Magistrates and Council of Edinburgh to nominate a Visitor which Petition and Answers thereto being considered by the Lords and they having found the samen most just and reasonable they did accordinglie ordain the Magistrats of Edinburgh to nominate a Visitor betwixt and the twenty one with Certification that the saids Lords by their own Authority would nominate and appoint a Visitor and which deliverance being intimat to the Magistrats of Edinburgh they in place of giving of obedience thereto have nominate and appointed two Visitors whereof David Pringle the present Deacon of the Chyrurgeons is one which is in plain terms to continue the conjunction of the two Calling of Chyrurgerie and Pharmacie and to render the Lords Decreet of Declarator separating the same Elusory and of no effect And in regaird such Insolent proceedings cannot be justified as being a contempt of the Lords Authority to which the Magistrats and Council of Edinburgh ought to submit and give all obedience And therefore humbly craving that the Lords without furder delay would nominate and appoint a Visitor for conveening the Fraternity of Apothecaries to meet on all occasions and in Vindication of their own honour and Authori y to inquire censure such unwarrantable proceedings whereby notwithstaning of the Lords Decreet of Declarator separating the two Callings of Pharmacie and Cyrurgerie the Magistrats and Council of Edinburgh have presumed to nominate David Pringle present Deacon of the Chyrurgeons to be a Visitor for the Apothecaries and to discharge the said David Pringle upon pretence of the said Nommiation to accept or to act in any such Capacity he being by the foresaid Decreet of Declarator altogether incapable to sit and meet at the Table of the Apothecaries but only at the Table of the Chyrurgeons which Supplication and desire thereof being considered by the saids Lords they ordained the Procurators for the Magistrats and Town Council of Edinburgh to see and answer the samen which being given up to their said Procurators to see they returned the same with the Answers following viz. That it is so great insolence in the said Apothecaries to offer to trouble the Lords with such a Bill against the Magistrats who has been so 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 Magistrats have been most ungra efully used by them which was very unbecoming any Burgess within the Town far less the Apothecaries to whom the Magistrates have done so many favours but in answer to the Petition It was humbly represented to the Lords 1. That it is the undoubted Priviledge of the Burgh of Edinburgh granted to them by the first Erection that no person can convocat and conveen within the Burgh unless by the Authority and appointment of the Magistrats which was confirmed to them by several Charters under the great Seal granted to them by his Majesties Royal Predicessors As also it is expresly provided by the Seventeenth Act Parliament eighteenth King James the Sixt that no person nor persons within the Burgh of whatever Rank or condition they be of presume to take upon hand under whatsomever Colour or Pretext to Convocat or Assemble themselves together at any occasion except they make due intimation of the lawful Cause of their Meetings to the Provost and Baillies within Burgh and obtain their Licence thereto 2. As this is clear from the Towns Charters by several Acts of Parliament so it is likeways clear from the Set and Decreet Arbitral pronounced by James his Majesties Royal Grand-Father of ever blissed Memorie by which it is expresly provided that neither Merchands amongst themselves neither the Crafts and their Deacons or Visitors shal have or make any particular or general Conventions as Deacon with Deacons Deacons with their Craft or Crafts amongst themselves far less to make private Laws or Statuts to Poynd and DistringÈie at their own hands for transgressions without advice and consent of the Provost Baillies and Council which is confirmed by Act of Parliament by which it is evident that none of the Crafts can meet among themselves nor Deacon with Deacons can warrantablely meet without warrand from the Magistrats far less can any other Persons that are none of the Crafts meet amongst themselves without warrand from the Magistrats who many appoint one to Conveen and proceed among them and disolve them at their pleasure and appoint a Visitor to any that they shall allow to be in a Fraternity as they shall think fit 3. The Appothecaries not being any of the
saids Lords are concerned to vindicate the same and to fall upon some expedient for the Future for making the saids Lords Decreets in the Petitioners Favours effectual and preventing such Incroachments upon the Petitioners priviledges that it may not be in the power of the Town of Edinburgh to reunite these two Trades which the saids Lords has separat by so solemn a Decreet which is all upon the matter as to assume to themselves the power of reducing the saids Lords Sentences and therefore humbly craving that the saids Lords would be pleased as they did for these two years preceeding to nominat pro hac vice one of the Petitioners own Fraternity conform to a Bill given in And likewise seing that every year the saids Lords met with this trouble and the Magistrats seem to be obstinate in their Disobedience to the saids Lords Decreet that therefore the saids Lords in time coming for preventing such trouble would allow the Petitioners to choice their own Visitor in all time comeing as in the said Supplication is at more length contained whilk Supplication and desire thereof being considered by the saids Lords they ordained the Magistrats of Edinburgh their Procurators to see the Petition and to answer there to against the next day thereafter peremptorie And the saids Magistrats of Edinburgh their Procurators having failÈied to give in Answers to the said Petition the saids Lords in respect thereof granted warrand to Macers to cite the Magistrats of Edinburgh to compear and answer to the Petiton above-written upon Tuesday next being the day and date of thir presents and appointed them this day to produee the Act mentioned in the foresaid Petition whereby they did Nominat an Apothecary and a Chyrurgeon Visitors of the Fraternity of Appothecaries for this year by vertue whereof upon the eight day of March instant William Maxwell one of the Macers before the Lords lawfully Cited the Provost Baillies Dean of Gild and Thesaurer of the said Burgh of Edinburgh present Magistrats thereof to Compear before the saids Lords this day bringing with them the foresaid Act in obedience whereunto compeared the saids Magistrats of Edinburgh in presence of the saids Lords by Sir John Lauder Advocat their Procurator who for them produced two Acts of Council the one whereof is dated the twenty sixth day of February last by past whereby the saids Magistrats of Edinburgh Elected and choised John Joisie Apothecary to be Visitor for this ensuing year for conveening of the said Fraternity of Apothecaries upon all occasions and the other of the saids Acts dated the third day of March instant whereby the saids Magistrats upon a Petition given in by the Chirurgeon Apothecaries of the said Burgh appointed David Pringle Chirurgeon Apothecary to be Visitor for the Chirurgeon Apothecaries for this ensuing year providing it be agreeable to the Lords Decreet and Acts made anent the Apothecaries and Chirugreon Apotheciares and the Patent granted by his Majestie to the Colledge of Physicians and no otherways as the saids two Acts bears which Supplication and desire thereof with the foresaids two Acts produced by the Magistrats of Edinburgh in obedience to the saids Lords their Ordinance above-exprest by the first of which they did nominat John Joisie Visitor and by the last David Pringle Chirurgeon Apothecarie Visitors for the Chirurgeon Apothecaries being all at length heard seen and considered by the saids Lords and they therewith being well and reaply advised The saids Lords have found and hereby finds the last Nomination of David Pringle to be void null and declares the samen to bear no Faith in Judgement nor out with the same in time coming and have appointed and hereby appoints John Joisie to be sole Visitor for conveening the Fraternity of Apothecaries this year at all Occasions and the saids Lords declare that if the Magistrats and Town Council of Edinburgh shall at any time hereafter contraveen the former Act by nameing a Chirurgeon Apothecary Visitor for the Fraternity of the saids Apothecaries yearly they will allow the saids Apothecaries to name their own Visitor in all time coming Extractum ex Libro actorum per me Sic Subscribitur TARBAT Clk. One other Act in Favours of the Fraternity of the Apothecaries of Edinburgh AT Edinburgh the Thirty day of June One thousand six hundred and eighty seven years anent the Petition given in and presented to the Lords of Council and Session by the Fraternity of Apothecaries within the Burgh of Edinburgh shewing that whereas the Lords after the Decreet of Separation of the two Callings of Pharmacy and Chirurgery did appoint them to sit at different Tables and likeways did appoint the Town of Edinburgh by several Acts and Deliverances to nominat one of their Fraternity to be Visitor oâ— the Calling the Town being so influenced by the Chirurgeon Apothecaries who are one of the Trades as always to Nominat one of their own Number to be their Visitor in manifest contempt of the Lords frequent and reiterated Acts which the Lords did find so unreasonable and inconsistent with the ends of the Sâ—paration that now for thâ—se five or six years last by past when the Town did nominat an Chirurgeon Apothecarie to be Visitor the Lords did most justly Rescind the said Nomination and every year since the said Separation in respect of their contumacy and disobedience did nominat one of the Petitioners number to be Visitors and by an Act in the Petitioners Favours in March One thousand six hundred and eighty six years the Lords did not only Rescind the Nomination of David Pringle and did nominat John Joisie in his place who is a simple Apothecarie to be Visitor of the Fraternity for the then ensuing year but likeways declared that if the Magistrats and Town Council of Edinburgh should at any time thereafter nominat an Chirurgeon Apothecary to be the Petitioners Visitor that they would devolve upon the Petitioners themselves the Nomination in all time coming of their own Visitor And likeways the Petitioners having applyed to the Lords in December last upon the Illegal Nomination of John Baillie and Mr. James Mackmath the Town of Edinburgh and the Chirurgeon Apothecaries did give in an Answer founded upon an Patent from His Majestie in their Favours taking off the said Decreet of Separation and reuniting the Trades and the Lords by their Deliverance after they were three or four times Ordained to produce the said Patent did at length in respect of their refuseal to produce the samen Discharge the two Persons then Nominat to Officiat and did appoint John Joisie to conveen who was formerly Nominat by the Lords until the expiring of the year for which he was Nominat and now the year being elapsed and the Petitioners having again applyed to the Town Council and gave in a List of these of the Petitioners Fraternity the Magistrats by their Deliverance have not only refused the Desire of the Bill in respect of the Patent granted in Favours
of the Chirurgeon Apothecaries but have appointed the two persons whom the Lords formerly discharged to Officiat to be again received viz. John Baillie and Mr. James Mackmath And therefore humbly craving that seing the Lords by their Deliverance in March one thousand six hundred and eighty six years declared if the Town-Council would proceed to nominat an Chyrurgeon-Apothecary to be the Petitioners Visitor in time-coming the Lords would allow the Petitioners to nominat their own Visitor and likewise they have refused to produce their Patent to the Lords in December last though they founded their Answers thereupon to the Petitioners Petition that therefore the Lords would be pleased upon the Considerations foresaid in the first place to discharge John Baillie Mr. James Mackmath to Officiat in the said Office as the saids Lords did formerly in December last and to Nominat one of the Petitioners number according to the List given in or to free the Lords of this perpetual trouble that the Lords would allow the Petitioners the Nomination of their own Visitor in all time-coming as the saids Lords declared by their Deliverance in March one thousand six hundred and eighty six years Whilk Petition and desire thereof being read in Audience of the saids Lords and they being therewith well and 〈◊〉 â—â—vised The Lords of Council and Session have discharged and hereby discharges 〈…〉 â—â—â—sons Nominat Visitors by the town-Town-Council of Edinburgh to Officiat and have Nomâ—â—â—â—â—â— and Appointed and hereby Nominats and Appoints Hugh Neilson to be Visitor of the 〈…〉 â—â—â—ternity of the Apothecaries for this year Extractum ex libro actorum per me sic subscâ—â—bitur Al Gibson One other Act in Favours of the Fraternity of Apothecaries of Edinburgh AT Edinburgh the Ninteen day of July 1683 years Anent the Petition given in and presented to the Lords of Council and Session be the Fraternity of the Apothecaries within the Burgh of Edinburgh Shewing that whereas the Lords having by their Decreet several years ago upon very rational and Important Grounds separat the two Callings of Pharmacy and Chyrurgerie and for makeing the said Separation effectual did appoint them to Sit at two different Tables and the Lords having afterwards appointed the Town of Edinburgh by several Acts and diliverances to nominat one of their Fraternity to be Visitor 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 Visitors to the Apothecaries which the Lord did find so unreasonable and Inconsistent with the ends of the separation that now for these four years by past when they did nominat an Chyrurgeon-Apothecarie the Lords did most justly rescind the said Nomination and in respect of their Contimacie and disobedience did themselves nominat ane simple Apothecarie for these several years by past and did so far resent the disobedience that in March 1685 years Sir Patrick Hume the Towns Assessor for the time was called in before the Lords and publickly rebuked for giving the Town so unreasonable an advice and particularlie in March 1686 years the Lords by their Act in the Apothecaries favours which is produced in Proces sand that the Nomination of David Pringle a Chyrurgeon-Apothecarie was void and null and in his place appoint John Joisie a simple Apothecarie to be sole Visitor for that year and farder declared that if the Magistrats and Town Council of Edinburgh should at an time thereafter nominate ane Chyrurgeon-Apothecarie to be Visitor of the Apothecaries Fraternity that the Lords would allow the Petitioners to name their own Visitor in all time coming likeas the Town Council of Edinburgh having in December 1686 years upon pretence of a Patent lately obtained from his Majesty in favours of the Chyrurgeons-Apothecaries taken upon them to Nominat a Visitor to the Petitioners Fraternity notwithstanding that John Joisie was at the time Visitor be the Lords own appointment and that this year was not expired the Lords were pleased by their Interloquitor upon the eighteen of December the said year to Discharge the Visitor appointed be the Town Council and to continue the said John Joisie Visitor of the Petitioners Fraternity until the expiring of the year for which he was nominat by the Lords And farder in Anno 1687 the Petitioners did apply to the Town Council to nominat a Visitor which they having delayed the Petitioners were necessitat again to mean themselves to the Lords and after hearing all the answers given in by the Town Council the Lords did appoint Hugh Nilson to be Visitor for that year as is evident by the Act produced in Proces and now the Petitioners having again applyed to the Magistrats and Town Council to appoint a Visitor to the Petitioners Fraternity for this year they have after their usual manner delayed to give any answer and since the Petitioners have no otherways of Redress against so frequent and reiterated Acts of contempt and disobedience to the Lords Authority and incroachments upon just Priviledges but to make a new Complaint and Representation of the saids abuses and therefore humbly Craving the Lords would consider the former Acts for these several years by past and particularly that in March 1686 whereby the Lords nominate John Joisie 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 choise and nominat their own Visitor as the last Act in June 1687. appointing Hugh Neilson to be Visitor for that year ensueing and to save the Lords from all furder trouble to declair that in all time coming that the Petitioners shall have liberty to Choise and nominat their own Visitor as in the said Petition at more length is conteained whilk Petition being Read in Audience of the saids Lords they ordained the Procurators of the Town of Edinburgh to see the said Petition and answer the same the next day peremptorie according whereinto the Procurators of the said Town of Edinburgh having got up the Petition to see they reproduced the samen and gave in the answers 〈…〉 as follows viz. It is answered that their being a Petition given in to the Town â—â—â—â—cil of Edinburgh by the simple Apothecaries the beginning of this Moneth of July â—â—ving that the Magistrats would nominat one of their Number to be Visitor for this enâ—â—eing year the Town Council of Edinburgh did most warrantably and Moderatly carie â—â—erein by ordaining the Chyrurgeon-Apothecaries to see and answer the foresaid Petition â—ut before their answers could be given or the Magistrats could medle with it the Convenâ—â—on of Burrows and the Lord Provost his going to Court so Interveened that the Town Council could give no answer to the foresaid Petition while that now after mature deliberation and takeing his Majesties Royal Gift restoring the Chyrurgeon-Apothecaries to their former Priviledges notwithstanding of ane previous Decreet of Separation with a Letter from the Secretary of State direct to the Lord High Chancellour bearing his Majesties Inclinations that his Lordship and the President of the Session should consider both Patents Decreets of Separation and all other differences betwixt the Physitians Chyrurgeons-Apothecaries and simple Apothecaries that the same Might be reported to his sacred Majestie and the determination might be made by his Majestie as might end these Debats betwixt them and in the mean time Stopping all Process relating thereunto until his Majesties further pleasure should be known therein they have upon such unquarrellable grounds and his sacred Majesties Pleasure and Command so often repeated to them declared that they can do no Deed prejudicial thereto until the will of the said Letter be fulfilled or the new Gift in favours of the Chyrurgeon Apothecaries be reduced as the Double of the said Letter from the Secretary of State direct to the Lord High Chancellor with the double of the simple Apothecaries Petition to the Town Council of Edinburgh and their Deliverance on the back thereof produced testified by all which it appears that the Magistrats of Edinburgh have not been in mora as is falsly suggested but they as all their Predecessors have still given ready Obedience to his Majesties Commands and did not think it fit after so full and ample a Gift to such a distinct clear Letter to meddle with either Parties therein but the Truth is this Affair is managed by a Company of some head-strong People who make it their Business to creatâ— Division and make Parties in all the Societies and Incorporations of the Town and who being sworn Burgesses thereto for which calumnious Petitions as they have given in these several years bygone against the Magistrats of Edinburgh their Patrons they ought not only to be severly punished therefore but in all time coming be discharged to give in such Petitions or at least while the Lords gave their final Sentence in the whole matter as his Majesty requires otherways this may be an incouragement to the meanest Inhabitant of the Town to misrepresent the Magistrats who are acting and doing nothing but by his Majesties Command especially seing the whole Affair is managed but by two or three discontented Apothecaries the major part refusing to comply therein as the said Answers bears which Petition and Answers made thereto being all at length heard read seen and considered by the saids Lords and the Copy of the Secretaries Letter given in theirwith they therewith being well ripely advised The Lords of Council and Session have Nominat and Appointed and thereby nominats and appoints John Joisie simple Apothecary Visitor to the Fraternity of Apothecaries for that ensuing year Extractum de libro actorum per me Sic subscribitur Al. Gibson