be the Son or Marie the Daughter of ane Free-man and on the other side that the Apothecaries were never ane distinct calling or Art but allenerly Burgeses and Gild Brother and had never any Priviledge beyond ane Burges and Gild brother so that any Gild Brother might have Set up for an Apothecarie when he pleased until the year 1657 that a tryal was thought fit and necessar in order to which they were Erected in a Brother-hood jointly with the Chyrurgeon Apothecaries And whereof notwithstanding of their Erection any Gild Brother who can bide a tryal may be a Member at pleasure and that the Chyrurgeons have and injoy their calling and Craft not only in general as a Craft but also in a clear Designation of the Subject of their Calling viz. All Operations and Applications about the bodies c. And more particularly in the Cureing of the specialitys exprest in their Gifts and grants and that Exclusive of all others in that they could humbly conceave their is no necessity to call for the Opinion of Phisicians anent the Bounds or Limits of their Callings seing their Gifts and Grants does alse speciallie distinctly and clearly design the same as Mens Wits or words can express And therefore since he questions not whither ane Apothecary may not have alse good Skill to apply an Serecloth or draw Blood as a Chyrurgion has neither was the question whether ane Apothecary qua Apothecarie may apply Plaisters as well as make them or cure Tumors Verrols and such like but that the only question is whether manual Operations and Applications upon the Bodys c. And particularly Phlebotomie Application of Serecloths Cureing of the specialitys mentioned in their Gifts is not only proper and due to them to exercise by their special Gifts and grants Exclusive of the Apothecaries and all others the interpretation of their Rights and grants needs not the Opinion of ane Physician when the Terms and expressions are clear for though all the Physicians of Scotland should affirm that an Apothecarie qua talis may aply an Searcloth draw Blood Cure the Verrols swellings orwherâ— yet certainly the saids Lords in point of Right must find that the Apothecaries of Edinburgh cannot do the same because the Town of Edinburgh who by their Erection from his Majestie are intrusted to give particular Seals of Cause Rights and Priviledges to Crafts and Callings Exclusive of all others having given these Priviledges to Chyrurgeons in clear and express Terms and they having injoyed the same now these two hundred years Exclusive of all others the same eannot be taken from them without Violation of their Rights even altho the Priviledge of its own nature were Consonant to the nature of Pharmcie or of a mixt Nature equallie applicable to Pharmacie or Chyrurgerie and far less can these Priviledges be drawen in question by a Fraternity Erected within these twenty four years who have not the Priviledge to exclude any Burges that can bide a tryal and then the Chyrurgeons Priviledges are specially declared be the Town before their erection and consented to be the Apothecaries and bruiked and injoyed both before and since the erection be the Chyrurgeons Exclusive of all others until this time 2. The Petioners humbly Represents to the saids Lords that it is noture and known that the Apothecaries have a greater dependance upon Physicians than Chyrurgeons have for Chyrurgeons do and mâ—y by the Priviledge of their Art and Calling operate without any dependance upon Physician and needs not nor are they bound and tyed to call for any Physician but if they please whereas an Apothecarie qua talis neither ought nor can Administer Physick without the advice of an Physician and the dispensatorie Art in the practise thereof absolutly depends upon the Physicians Recept so that with all deference and respect to the Physic ans the Chyrurgeons have just reason to suspect that they will be more favourable in their opinion to the Apothecaries and ready and willing to inlarge their priviledges who have so absolute an dependance upon them And it is notour and known that the Physicians have frequently endeavoured to Erect themselves in a Colledge and to extend their own priviledges to the Impairing of both and therein they have been still opposed by the Chyrurgeons and Chyrurgeon Appothecaries and thereupon may be presumed to bear the Supplicants no good will craving that the saids Lords would be pleased to consider the grounds of the Supplicants Declarator in jure as the samen is founded upon their Seall or Cause Gifts Grants and Acts and their immemorial Possession which the Supplicants humbly conceaves are very clear and express and which ought not to be altered upon the opinions of Physicians but must be judged according to the Law of the Kingdom and the nature and conception of their Gift as the said Supplication more fully bears which being Read in presence of the saids Lords and they having heard and seen and considered the samen refused to give their Answer in jure until the saids Lords should Report But they recomended to the fore-mentioned Lords in their saids last Interloquitor to call the three Physicians therein named with Doctor Burnet upon Monday next thereafter and to have heard their opinion on the contraverted poynts And to to have made report thereof on twesday following in obedience to the which ordinance and Interloquitor above-written The saids Lords nominated as said is having called and taken the opinion of the saids Physicians anent the contraverted Poynts contained in the two several Declarators Above-mentioned And thereafter upon Report made by them to the saids haill Lords in presentia wherewith with the haill Dispute Above-written they being well reiply advised The saids Lords of Council Session found that the Chyrurgeons has only Right of Phlebotomie within the Town of Edinburgh and upon the Burgesses thereof except in the caises or necessity and charity But Declared that they would hear both Parties if the said priviledge should extend to strangers living within the Town or to Burgesses living in the Suburbs but found that where there was no incision made upon dead Bodies and that there is only wrapping of the Body required the Apothecaries makers of the Cere-cloath may wrap the Bodies but where incision is made the Application is proper to Chyrurgeons of the Cere-cloaths to the Body and as to the other two poynts viz. The probation of the contraventions by Oath and the seperating of the Trades and Incorporations of Chyrurgerie and Pharmacy the saids Lords declared they would thereafter hear both parties thereupon and thereafter there was an other Supplication given in to the saids Lords in behalf of the said Chyrurgeons Shewing that although the Petitioners doe not contravert but that if the matters concerning the Cere-cloaths had not been decyded by the Town of Edinburgh there might have been place for consulting with Physicians as to Cere cloaths and to whom the Application thereof should belong so that the
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
to the Council of the Good Town did desire that they would make choice of others to be their Captains and to Supplie their other Offices and Places of that sort and that the Chirurgeons might be Free thereof in all time coming and that they might have the full Imployment and peaceable Possession of all their several Rights Priviledges Immunities and Exemptions granted and Ratified to them and Ratified in manner above-mentioned The said Council of the Good Town of Edinburgh having taken the said Supplication to their consideration did find the samen Just and Reasonable and necessar for the Good of the Leidges and for the Incouragement of the Chirurgeons to the due Tyes of their Callings and therefore did grant to the saids Chirurgeons Free-men of the said Burgh of Edinburgh and their Successors in that Calling that they should be free of all the Offices or any Charge of that kind in all time coming As also that they should have the full Imployment and peaceable Possession of all their other several Rights Privilidges Immunities and Exemptions granted or Ratified to them by the Kings Queens and Parliaments of this said antient Kingdom of Scotland or by the Good Town heretofore in their Favours within the said Good Burgh of Edinburgh or Liberties thereof of whatsomever Date or Dates as if the samen had been Repeated and specially Insert in the said Act and that for them and their Successors Chirurgeons Free-men of the said Burgh in all time coming And did Statue and Ordain that none should Molest them thereintil nor prejudge them of the same in time coming under the Pains and Penalties notwithstanding of any Acts practices or any other thing else to the contrair as the said Act at more length bears Likeas in an Court of Justiciary of the said Kingdom of Scotland holden within the said Burgh of Edinburgh upon the ninth day of March 1674 years by the Right Trustie and well beloved Cousin and Counsellor John Earl of Athole now Marquiss of Athole His Majesties Justice-General of the said Kingdom for the time and Sir James Foulis of Collingtoun Knight Sir Robert Nairn of Strathurd Knight Sir John Baird of Newbyth Knight and Sir Thomas Wallace of Craigie Knight Lords Commissioners of Justiciary John Joissie Deacon of the Chirurgeons of the said Burgh of Edinburgh for the time for himself and in Name behalf of the remanent Members of the Chirurgeons and Chirurgeon Apothecarie within the said Burgh of Edinburgh did present a Petition shewing that notwithstanding of the manifold Liberties Priviledges Immunities Exemptions granted to the said Incorporation of the Chirurgeons in manner above-written Exeemand them from passing upon Assizes and Inquisits Criminal and Civil yet nevertheless several Members of the said Incorporation were daily troubled and molested by the Officers of the Court of Justiciary and Summonds to compear upon Sizes without respect to their exemptions as the said Petition at more length bears The said Lord justice general and Lords Commissioners of Justiciarie having considered the foresaid Petition together with the several rights Exemptions and Ratifications produced for instructing thereof did discharge all Messengers at Arms Macers of Court of Justiciary and other Officers whatsomever from Citing and Summonding of any of the Cherurgeons of the said Burgh of Edinburgh to pass upon Assizes and Inquests in Actions Criminal in time coming and that conform to their Gifts and Rights above specified as an Act of adjournal made thereanent in favours of the saids Cherurgeons more fully bears and sicklike in an other Court of Justiciary holden within the said Burgh of Edinburgh by the said Sir James Foulis Sir Robert Nairn Sir John Lockhart of Castle-hill Sir John Baird and Sir Thomas Wallace above designed Lords Commissioners of Justiciary upon the 29 day of July 1674 years anent criminal Letters raised used and execute at the instance of Margaret Dalmahoy Relict of the deceast James Raâ—stone Glasier in the Cannongate James Margaret Kathrine Agnes and Helen Ralstone his children for themselves and in name and behalf of the remnant Kin and Friends of the said Defunct and his Majesties Trustee Counseller Sir John Nisbet of Dirltoun Knight then His Majesties Advocat for his Highness interest in that matter and William Mason Mason in the Cannongate then Prisoner in the Tolbooth of Edinburgh divers and sundry of the Freemen Cherurgeons of the said Burgh of Edinburgh being called to give their opinion whether the said deceast James Ralstone did die of wounds mentioned in the saids other criminal Letters and they having given in their opinion in Write thereanent it was alleged by the Advocats for the Pursuers that no respect could be had to the foresaid report unless the saids Cherurgeons were compearing personally and Deponing thereanent and therefor craved that the saids Chyrurgeons might be unlawed for their absence unto which it was answered that the Chyrurgeons could not be unlawed nor forced to Depone nor give their Oath anent their opinion they being jurati magistri and so the Oath given at their admission behoved to have credit as to what concerned the skill and faithfull discharge of their Employment the Lords Commissioners of Justiciary having considered the Premisses in respect that the Chyrurgeons cited in that case were not cited as Witnesses to the Fact but to give their opinion upon the quality of the wounds and therefore by their Interloquitor refuse to unlaw and amerciat the absent Chyrurgeons as in the Decreet and Proces led and deduced thereanent and extracted under the Signe and Superscription Manual of Mr. Robert Martine Clerk to the said justice Court at more length is contained and farder His Majestie and Estates of Parliament of this ancient Kingdom of Scotland being conveened in Anno 1670 years and taking to their consideration that the Art of Chirurgerie is an ancient worthy and free Art most necessary for the healths and Lives of the Subjects and that the said Incorporation of the Chirurgeons and Barbours of the said Burgh of Edinburgh are an able and famous incorporation whereby the Leidges have found large experience to their great advantage both in time of Peace and War and that Pharmacie is an ancient free and necessary Art for the health of the Leidges and that the Brotherhood of the Apothecary and Cherurgeon Apothecaries of the Burgh of Edinburgh are an able and famous Brotherhood and have given good proof thereof Therefore and for certain other good causes and considerations his Majestie and the Estates of Parliament by an Act of Parliament dated the 22 day of August 1670 years ratified and approved and for his Majestie and his Successors with advice and consent of the Estates of Parliament perpetually confirmed the whole Acts Gifts Grants Rights Priviledges Liberties Immunities above and after mentioned to wit the said Act made given and granted by the said Provost Baillies and Council of the Burgh of Edinburgh under their common Seal of cause to and in favours of the Chirurgeons and Barbours of
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