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
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-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-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
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
Tertio By the said Erection of the Fraternity it appears that the Apothecars were so far from being considered as a Trade that they have not power of their own Tryal but the Entrants must apply to the Town Council and they appoint the Tryers and they pay no Money for their Freedom nor do they enter their Prentices amongst the Trades but in the Gildrie as other Merchants do and though they were a Trade as thâ—y are not it is absurd to pretend that if a man serve a Prentice or otherways acquire his Freedom in two Trades he may not serve in both or either as he pleaseth as Merchants Taylors and several other Instances As to the third Ground of Declarator viz. That the making and applying Cere-Cloths should be declared proper to Apothecaries It is answered Primo The Pursuers oppones the Seal of Causes and other Rights Lybelled whereby all the external Applications of Mens Bodies is declared properly to them And the pretence that a Cere-Cloth is a Drugg of no Weight for the same may be pretended of all Plaisters which uncontravertedly belongs to the Chyrurgeons Secundo It is already determined by the Town-Council who by King and Parliament are declared Judges in all these controversies who have allowed the making to Apothecaries and the application to Chyrurgeons And have provided that if the Chyrurgeon refuse to apply the Cere-Cloths the Apothecaries makes then the Apothecaries are free to apply themselves which is more as the Apothecaries could in Law acclaim the Application being properly Chyrurgical even where the Body is not eviscerat where Chyrurgical Instruments is necessar for stopping the Opens of the Body and making Incisions in particular cases where a Chyrurgeons skill is necessary and Embalming is always used in all Bodies and Ligators which are not only proper but is one of the singularest Arts of Chyrurgery And it is of no Weight that it is a burden to the Leidges seing it is very well known and is provided by the Act of the Town-Court That the Chyrurgeons are to be imployed by the Apothecaries and gets their acknowledgement from them which they cannot refuse Likeas as there are many that being both Apothecaries and Chyrurgeons where the Leidges desires only to have one imployed To the Fourth Ground of Declarator viz That it should be declared that the Apothecaries have the only Application of Medicine inwardly As Likeways have the use of Phlebotomie common with Chyrurgeons To which it is answered That by the Erection and by all the Rights Lybelled the Chyrurgeons have the sole power of Applications Operations and Medicaments requisite for compleating the Cure of those Distempers which are particularly narated in the Act One thousand six hundred and fourty three And it were absurd to say that they could have the sole Cureing of a Distemper and not the power of applying what is necessar for it either outwardly or inwardly And all that they pretend to is the application of Medicaments for Cureing of the Distempers contained in their Rights which are known by proper distinct Names to be such as falls under the Chyrurgeons skill in all places of the World And it was never before alledged that Phlebotomie was not properly a Chyrurgical-Operation And it is but a Frivolous pretence that in some cases as in Pluracies it can admit of no delay For it is well known that within Edinburgh it is more easie to find a Chyrurgeon as an Apothecary nor did ever the Chyrurgeons trouble any un-Free-Man in drawing of Blood in cases of necessity nor using of the first Pansing upon broken Legs or Arms which is always permitted to be done by them that are nearest and then Chyrurgeons is to be called at the second Application Whereunto it was Duplyed for the Apothecaries by their Procurators That albeit by the Seal of Causes the Chyrurgeons has several priviledges As power to make Free-Men by Prenticeships to keep a Box yet the particular â—riviledges now insisted on are not there expressed and so are to be determâ—ned by the Lords To the which Duply above-written The saids Procurators for the Chyrurgeons opponed their former Reply and their Rights whereupon they Found which does sufficiently determine all the points now contraverted and remitted the same to the saids Lords their Consideration Which haill Dispute above-written being heard and considered by the saids Lords they before adviseing thereof Recommended to the Lords Register Newtoun and Castlehill to call for Dr. Stevenson Elder Dr Hay and Dr. Balfour and to hear their Opinions as to the points contraverted betwixt the Chyrurgeons and the Apothecaries with their first convenience and thereafter to report Thereafter there was a Supplication given in to the saids Lords by the said Dr. James Nisbit Deacon oi the Chyrurgeons of Ed nburgh for himself and in Name of the remanent Masters and Brethren of the said Incorporation Shewing That where in the mutual Declarator raised by the Chyrurgeons and Chyrurgeon Apothecaries against the single Apothecaries and by them against the Petitioners The Petitioners having Founded upon their Seal of Cause and particular Acts and Priviledges granted to them by the Town Council of Edinburgh in conformity to their Seal of Cause Anno one thousand six hundred and fourty three and one thousand six hundred and fifty five long before the Settlement of the Fraternity of the Apothecaries Having undoubted Right and Priviledge to exercise all manual Operations and Applications upon the Living and Dead Bodies of Men Women and Children and that exclusive of all persons within the Burgh who are not Free-Men of their Art And containing also several Specialities whereunto the most eminent Apothecaries at the time were consenting and to which all of them since have Acquiesced and Confirmed except a few Claudistine Contraventions of which when notice was had the contraveeners were Fined and being informed that the Petitioner upon consideration of the Debate Have thought fit to recomend to some of the saids Lords their number to call three Physicians and hear their Opinion anent the proper Bounds and limites of these two Arts. As to which the Petitioners humbly represent to the saids Lords 1. That if the Chyrurgeons and Apothecaries had been erected in ancient and distinct Crafts or Arts within Burgh in general Terms viz. That such an Society and Companie should be Chyrurgeons and such an Society and Company Appothecaries and that a question had then arisen betwixt them in any Point or Points which each of them had contended to be ane Proper Point of their Arts or to be common to both That in such a case of general Gifts and concessions their might be some ground of Calling Physicians to give Opinion in what might be proper to either calling or common to both but here it is uncontravected that the Chyrurgeons have most anciently formed and erected Corporation and Craft injoying Priviledges and Freedoms which no Burges nor Gild Brother in Edinburgh can partake of unless he Serve an Apprentiship in the said Art or
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-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