if the samen had never been Made Given nor Granted in rerum natura and whilk Acts Ratifications and others above-writen being sua Reduced the saids Defenders to hear and see it by Decreet of the saids Lords found and declaired that it shall be no ways lawful for them to molest and trouble the Pursuers or their Successors in the free exercising of their Calling and Imployments as Appothecaries as they presently are and formerly have been in use of Exercising of the samen until the saids Lords shall by the Advice and Counsel of dis-interested Learned and able Physicians and with a due regard to the Interest of the Subjects in their Decreeâ—â—o follow hereupon prescrive Rules and Orders for the Regulation and distinguishing of these two Callings of Appothecaries and Chirurgeons as the saids Lords shall in Justice and by Advice foresaid think most fit and proper for the â—ealth ease and conveniency of the Subjects and due Incouragement Preservation and â—â—â—roving of that so Noble and necessary Faculty of Medicine in all the parts and Branches â—â—theof in due and beseeming Order within this antient Kingdom and which two Callings of Appothecary and Chirurgery being sua distinguished by the saids Lords as said is all such Appothecaries and Chirurgeons who take upon them to use and confound both Callings whilk as yet undistinguishbd to hear and see themselves Decerned and Restricted to make their Choice and Election which of the saids two Callings they will practise and Exercise in time coming and to hear and see themselves Decerned lyable to observe the Rules and Orders sua to be prescrived either as simple Chirurgeons or simple Appothecaries without confusion of the two Callings in one as shall be Determined by the saids Lords thereintil and also to hear and see it found and declared that it shall not be lawful nor competent upon any contravention of the saids Rules to trouble or molest the Members of either Calling except they be taken in the Act of Contravention per manus injectionem in crimine flagranti as is allowed to and practised by other Trades and Incorporations allenarly and that it shall not be lawful for to Force Parties to give their Oaths for any such alledged Contraventions and to have heard and seen it found and declared that the Defenders have done Wrong to molest and trouble Patrick Cunninghame one of the Pursuers above-named in withdrawing him from his necessary Employment and attendance upon his Patients His Majesties good Subjects by requiring him to attend a Law suit for giving of his Oath upon pretence of his contraveening the alledged Priviledges of the Chirurgeons not as yet by His Majestie or the saids Lords upon a full hearing of all Parties concerned cleared settled or determined and to hear and see themselves decerned to desist and cease from all farder troubling of the said Patrick or any other free men Appothecaries within the said Burgh of Edinburgh for giving of their Oaths upon any sicklike account in all time coming and that for the Reasons and Causes above-written as the said Summonds of Reduction and Declarator more fully bears and the other of the saids Summonds at the instance of the said Doctor James Nisbet then deacon of the Incorporation of the saids Cherurgeons Alexander Pennycook Thomas Kincaid James Cleiland Walter Turnbulls John Joyssie William Borthwick and George Stirling then Masters of the said Incorporation and Thomas Henderson present Box master of the samen for themselves and in name and behalf of the remnant Brethren and Freemen of the Cherurgeons and Barbars of Edinburgh their instances Against the whole Apothecaries and others unfreemen in the said Burgh of Edinburgh viz. John Kennedy Appothecary there John Foulis elder Appothecary there Robert Campbel Appothecary there John Hepburn Appothecary there Mr. James Mackmath Apothecary there Hugh Neilson Arpothecary there James Aikenhead Appothecary there James Loudoun Apothecary there Patrick Cunninghame Appothecary there Mr. Alexander Hap Appothecary there John Foulis younger Appothecary there Thomas Dalrymple Appothecary there Walter Porterfield Appothecary in the Cannongate George Mackalla Apothecary in Leith Edward Cunninghame Periwig-maker in Leith James Robertson Barbar there John Broun Garidner in the Abbacy of Holy-rood-house Andrew Jackson Gairdner at the West Port James Hughson Gairdner at the Pleasance and George Bell Cherurgeon in Edinburgh Euphan Bartine and John Biglie her Spouse indwellers in Edinburgh the which Summonds makâ—th mention that where the Lord Provost Baillies and Council of the said Burgh of Edinburgh by their Seal of Cause under their common Seal of the date at Edinburgh the 1. day of the Moneth of July and year of GOD 1505 years for the good and onerous Causes therein mentioned did gift and grant to the Cherurgeons and Barbars within the said Burgh of Edinburgh for the time being and to their Successors the Rules Statutes and Priviledges under-written consonant to reason known to His Majestie His Highnesses Pregenitors of glorious and worthty Memory and to the profit of the said good Town of Edinburgh and all his Majesties Subjects and Leidges viz Imprimis That the saids Cherurgeons might yearly choise amongst themselves an Kirk master or Deacon and Oversman to whom the whole Brethren of their Craft should obey for that year Item That no manner of person should occupie or use any points of the saids Crafts of Cherurgery or Barbour Crafts within the said Burgh of Edinburgh but he that bees first an Burges and Freeman of the said Craft and that he be worthy and expert io all the points belonging to the said Craft diligently and advisedly examined and Admitted by the Masters of the said Craft for serving of his Majesties Leidges and Neighbours of the said good Town and al 's that every Freeman who is to be made a Freeman and Master amongst the saids Cherurgeons should be examined and proved in thir points following that is to say That he knew Anatomia Nature and Complection and every member of humane Body and likeways than he knew all the Veins of the samen that he may make Phlebotomie in due time and al 's that he knew in whilk member the sign has Dominion for the time in respect every man ought to know the substance and nature of every thing he works unless he be negligent and al 's that the saids Chirurgeons and their saids Successors should have once in the year an condemned man after he be dead to make an Anatomia of wherethrough they might have Experience ilk one to instruct another and that none within the said Burgh haunt use nor exerce the Craft of Chirurgery without he be expert and know perfectly the things above-written and what person that should happen to be Admitted Freeman or Masters to the saids Crafts or should occupy any point of the samen should pay his Upset at his Entry with an Dinner to the Masters of the saids Crafts at his Admission and entry amongst them exceptand every Freeman Master of the saids Crafts one of
Reputation of His Majest es Subjects And as to the point of Possession and Prescription the first time that this manner of probation is mentioned was in anno 1655 which is here said to be proved de jure which imports nothing but legal probation As the case requires Secundo They had the same pretension to the Cere-clothes which notwithstanding thereof is regulat by the Lords according to reason and Law and no Act of the Town of Edinburgh can be otherways binding but according as they consist with Justice and Law. And albeit they had that Act in anno 1655. Yet it was never pretended to be put in execution but twice which appears to be meer collusion by Reading of the â—aids Decreets And as to the Extension as to strangers the Declarator is most just and rational First Because as to the Colledge of Justice and its Members it is their undoubted and uncontraverted Priviledge that they may imploy and make use of any Unfree Man and much more may imploy Apothecaries in that which is proper to Chyrurgeons And that therefore Apothecaries or Unâ—ree-Men serving any of the Colledge of Justice cannot be lyable for any Punishment for the same that being an infallible Consequence founded upon the Priviledge of the Members of the Colledge of Justice 2. The same also ought to be extended and communicat to all Strangers who are not Burgesses because they cannot be subject as to the matter of their Health to be limited and restrained by any Distruction of Trades established within the Town of Edinburgh except it were ratione delicti or ratione rejectae or the like which is subject to the Jurisdiction of the Magistrats and it is not denyed but if any Stranger would build or repair a House which lyes locally intra territorium districtum of the Town a Stranger behoved to make use of Workmen according to the Distinction of the several Trades because the House is res sitae within the Precincts of the Town of Edinburgh and is the subject of the Operation but what imaginable Colour of Law or Reason can be pretended that as to the point of a Strangers Health he should be subject to the Regulation and Distinction of Trades within the Town of Edinburgh why they may not intrust the same to whom they think fit and to make use of the ordinary Apothecaries without the least restraint or hazard either to themselves or their Apothecaries and that the distinction of Apothecaries and Chyrurgeons of the Town of Edinburgh shound only take place inter concives these being the publick Constitutions of the Burgh wherein either his Majesties Subjects are no ways concerned To which it was Duplyed for the Chirurgeons that the King having given the Town Right and power to regulat the Trades all Inhabitants within the Town has consequently given them all things requisite for it and the not allowing the probation by Oath but by Seasure were to involve the People the patent Trades and all in unevitable Ryots and Pleas and as it is impossible to prove the Contraventions but by Oath so that he not allowing his Probation were to take away the Priviledge it self 2. If it be any mans right he may vindicat his Right by all legal Means and that is a legal Probation cannot be denyed and although this has been the Rule and way of Probtion ever until now it cannot be pretended that ever any person was pursued but where they were guilty and if they should have Expenses which is the pana temere litigantium 3. The King having given the Power of the Magistracy and Government not only of Burgesses but of all Strangers coming to Edinburgh so long as they are there they must be subject to the Rules and Government of the Town and as Strangers cannot make use of other Artificers that are not Freemen why ought they to make use of Chirurgeons and the Chirurgeon Apothecaries being upwards of two hundred years in possession by vertue of good and undoubted Rights the samen cannot be summarly taken away whereunto the Apothecaries Triplyed That all the Towns Rules in regulating of the Trades within the Town does extend only to the Concives for if otherwise the Priviledge granted to the Colledge of Justice would be rendered Elusory and of non effect and concesso aliquo concenduntur omnia sine quibus affectum sortire non poterit 2. Albeit the Members of the Colledge of Justice and other Strangers not being Burgesses are subject and lyable to the Jurisdiction of the Magistrats of Edinburgh upon any ground of Law that founds the Competency of their Jurisdiction and if they should commit Riots Slaughters or other Crimes or were heretors of the Tenements or the like yet the power and Jurisdiction of the Magistrats of the Town of Edinburgh cannot respect any restraint or Revolution of the cure of their health the Acts of the Town Council being only politick Constructions of the Burgh which can be valid and binding against none but inter concives and it is vain and frivolous to pretend that they have a Power to make use of and call Apothecaries and yet if they come they are lyable to be punished it being absolutely inconsistent with the other and would render upon the matter the same Limitation and distinction of Trades as effectual against the Members of the Colledge of Justice and Strangers as against other Burgesses and Citizens And therefore the Apothecaries repeat and open that Declarator which as to the whole Conclusions thereof is most just and consonant to the Laws and Customs of other Nations and to the constant observance and Custom of the Town of Edinburgh in the case of all other Trades and wherein not only the Apothecaries concur but also six of the Chirurgeons who have right to all the Liberties and Priviledges of the Seal of Cause erecting the Chyrurgeons into an Deaconrie and Incorporation Which Summonds of Declarator pursued by the saids Apothecaries against the saids Chirurgeon Apothecaries of Edinburgh and haill Points therein contained with the several Disputes above-written following thereupon being at length heard seen and considered by the saids Lords and they therewith being well and ripely advised the saids Lords of Council and Session Found and Declared 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 Simples as any Druggist or Merchant may do and compone such Druggs as are necessar for Chyrurgecal and and external Application yet that they cannot compone any Medicament to be taken intern lly by the Mouth Reservand alwise from this Declarator to the Chyrurgeon Apothecaries that are presently actual Masters in both Imployments and does actually keep Apothecaries Shops within the Town of Edinburgh or
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-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
his lawful gotten Sons to be free of any Money paying except the Dinner to be made to the Masters after he be Examined and Admitted by them as said is Item That no Master of the said Craft shall take any Prentice or fied man to use the Chirurgeon Craft without he could both Read and Write and the saids Master of any of the saids Crafts that takes any Prentice should pay at his entry 20 shilling Scots Money and that no Master of the said Crâ—ft should reset nor receive any other Masters Prentice nor Servant while the Ish of his Terms be run and who that does in the contrair thereof al 's oft as he fails should pay 20 shilling but favour Item That every Master that is received Freeman to the saids Crafts should pay his weekly Pennies with other dues mentioned in the sad Seal of Cause and every Servant that is a Fied man to the Masters of the said Craft should pay ilk week one half penny and that the said Incorporation should have power to choise their own Officer to pass with them for ingathering of their quarter weekly pennies to pass before them at their Occasions and gatherings sicklike as other Craffts within the said Burgh of Edinburgh has and that one of the Masters of the saids Crafts should pass with the Officer of the samen at all times needful and lift and raise the saids Quarter Payment fra every person that owe the samen and give any disobeys that they might Poynd and distrenÈie them therefore haveing an Officer of the said good Town with Item that no Master nor Free-man of the saids Crafts Purchass any Lordship in contrair the Statutes and Rules above Written in hindring Skaithing of the Crafts foresaids orcomon weell thereof under the Pain of Tinsel of their Freedoms Item that all the Masters Freemen and Brethren of the saids Crafts reddily obey and come to their Kirk Master and Deacon at all time when they shall be required therto be the said Officer for to hear quarter Compts or advise any thing concerning the comon wee l of the saids Crafts and whoso disobyes the samen should pay twenty Shillings Money foresaid as the said Seal of cause of the Date foresaid containing diverse and sundry others Heads Articles and Clauses at mair lenth proports Likeas his Majesties Royal Progenitor James by the Grace of God King of Scots by his Letters of Ratification given under his Privy Seal of the Date at Edinburgh the 13th day of October 1506 years direct to the Provost and Baillies of the said Burgh of Edinburgh for the time being or that should happen thereafter to â—e for the time and to all and sundry others his Officers Leidges and Subjects Ratified Authorized and confirmed for him and his Royal Successors the foresaids Rules and Statutes contained in the Seal of Cause abovementioned and the samen Seal of Cause granted to the Masters men of Chyrurgeon and Barbar Craft in the haill Points and Articles thereof after the Forme and Tennor of the samen and straitly Charged and Commanded the saids Provost Baillies and others his Officers Leidges and Subjects that they nor none of them should take upon hand to do or attempt any thing in contrair or breaking of the saids Statutes and Rules or his said Confirmation made and given thereupon in any ways in time coming under all the highest Pain and Charge that after may follow Atour if any of the saids Crafts-men disobyed or did any ways come in contrair the saids Satutes the saids Provost and Baillies then present and thereafter that should be recommended to Compel them to obey and fulfil the saids Statutes as effeirs in all things after the Forme and Tennor of the saids Seale of Causes under the pains foresaids as the saids Letters of Ratification of the Date foresaid at more tenth bears And sicklike Mary Queen of Scots be her Letters of Gift under the Privy Seal of the said Kingdom of the Date the 11th day of May the year of God 1567 years for the Causes therein nominat gave and granted Licence to all and sundry Chyrurgenos Inhabitants of the said Burrows of his tRealm then present and to their Posterity for the time being Chyrurgeons whilks should be able and qualified Persons and who after Examination before the Deacone and Brethren of that Occupation within the said Burgh of Edinburgh that should be found able and worthie To use and Exerce the said Craft and no others that they should nought bear Armour nor pass in Battel in any Hoasts Roads gathering Assemblys Wapon shawings or Weirs to be made by the Kings and Queens of the said Realme or their Successors or their Lieutenants or wairdanes be Burgh Sea or Land within the said Realme not out with the samen alse Licence to them fra all Compirance and passing upon any Inquests or Assyzes in Actions Criminal or Civil Justice Heirs Justice Courts Shireff Courts Burrows Courts or others for Serving of the Breives apprisings of Lands or any other manner of Actions whatsoever except sua far as concerns the Judgment and fight of their said Craft allenerly Eximand and Discharging them there Frae in all time coming and witted and granted the saids Chyrurgeons then present and their Posterity of that Occupation nor none of them should be called nor accused therefore nor Incurr any Danger or Skaith there thorow in their Lands persons or Goods or any otherways in time coming notwithstanding of any Acts Statutes and Proclamations or Charges speciall or general made or to be made in the contrair or any pains contained thereintil anent the whilk the said Queen did dispense with them and their Posterity for ever Discharging them and their Successors Chyrurgeons being for the time of all Action Crime that may be impute to them or any of them their throw discharging also alland sundry our Admirals Wardens Lieutennants Shireffs Stuarts Crowners Justices Justice-Clerks Thesaurer Thesaurer Clerks Provosts Aldermen and Baillies of Burrows and all other Officers and Ministers of the Laws and their Deputs present and to come of calling Attaching Arresting Summoning Adjourning Poynding Troubling or Intrometting with the saids Chyrurgeons then present and their saids Successors of that Craft or any of their saids Lands or Goods in any ways in time coming for the said remaining at home or not passing upon Assizes or Inquests as said is except as is before accepted and of their Offices in that part for ever as in the saids Letters of Gift of the Date foresaid at more length is contained And in like manner His Majesties dearest Grandfather King James the 6th of ever Blessed Memory by his Letters of Ratification superscribed with his Majesties Royal Hand and subscribed by the Lords of his Majesties Exchequer of the Date at Greenwich the 6th day of June 16â—3 years Ordained a Letter oâ— Confirmation to be past under the Seal of the said Kingdom of Scotland in Favours of the Incorporation of the saids Chyrurgions of
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
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