Deacon officier and others not only apprehend any of the saids Defenders if they can take them flagranti delicto but that they may also cause cite them before the saids Provost Baillies and Town Council of Edinburgh or other Magistrats thereof for contraveening any of the foresaids Priviledges Liberties Freedoms and others above-written and refer the Contraventions foresaid to the Oaths of the said simple Apothecaries and others Contraveeners and Defenders above nominat if the said Pursuers think fit or to use all other manner of Probation against the said Defenders and Contraveenrrs foresaids pro ut de jure and it ought and should be found and declared that the saids Defenders and all others concerned shall be holden bound and oblidged to depone upon all the matters of Fact that shall be particularly referred to their said Oaths in their respective Pursuits that shall be intented for the Contraventions before the said Magistrats of Edinburgh and al 's it ought and should be found and declared that the Provost Baillies and Council of Edinburgh are the only Judges competent in the first instance to the saids Pursuits to be intented against all Contraveeners for contraveening any of the saids Pursuers Priviledges above-specified and to discuss the same Summarly according to the Custom of Burgh And the Pursuers thier contraverted Practice in vindicating the Priviledges but also the saids Defenders above-mentioned and all other Unfreemen Gardiners Women and others whatsoever ought and should be decerned by Decreet of the saids Lords of Council and Session to desist and cease from all using and practiseing and exerciseing of any Point Part or Prctaice belonging to the saids Pursuers and ought and should be discharged by Decreet foresaid from taking upon them to Use Exerce or Enjoy any of the Rights Liberties Priviledges Immunities and Exemptions given and granted to the saids Pursuers and properly belonging to them and their Successors after the form and Tenor of the saids Acts Seals of Causes Ratifications Exemptions Gifts Grants Acts of Parliament Decreets and other Writs particularly and generally above-mentioned in all Points as is alledged as the said last Summonds and Execution thereof likewise more fully bears the said Mr. James Nisbet for himself and in Name and behalf of the remnanent Brethren of his said Trade pursuers of the foresaid Lybel as likewise pursuers in the foresaid Action of Declarator raised at their instance and Defenders in the other Acton raised against them Compearing be Sir George MackenÈie his Majesties Advocat Sir John Lauder Mr. Colen MackenÈie his Majesties Advocats their Procurators who for instructing the foresaid libel produced in presence of the saids Lords ane Condescendence made by the Chirurgeons upon the several acts of Contraventions done by the said Patrick Cunninghame whereby he had usurped upon the priviledges only belonging to the free-men Masters of the Art and Trade of Chyrurgery within the said Burgh and Liberties thereof 1. The said Patrick Cunninghame within this half year or thereby did cure Barbara Hastie daughter to umquhil Heastie Stabler in Edinburgh of an broken Head by applying Plasters thereto and otherways 2. The said Patrick Cunninghame did open an Vein to and let Blood of the Lady Lee younger within these five or six Months or thereby 3. The said Patrick Cunninghame applyed Plasters to the said Lady Lee her Arme the same being strained or hurt by some Accident or other at or about the time foresaid 4. The said Patrick Cunninghame opened an Vein to and let Blood of _____ Servitrix to the said Lady Lee within five or six Months or thereby 5. The said Patrick Cunninghame opened a Vein to and let Blood of the Earl of Carnwath and applyed Lochletches one or moe and Cauters one or moe to the said Earl within the space of three years or thereby 6. The said Patrick Cunninghame opened a Vein to and let Blood of _____ Semple daughter to umquhil John Semple of Balgone and applyed two Couters to her within the space of this half year or thereby 7. The said Patrick Cunninghame did frequently pance and dress _____ within the house of _____ at the head of the Cannongate who had a wound in his Breast within these three or four yeass or thereby 8. The said Patrick did apply several Plaisters and that frequently to umquhil William Cunninghame elder Merchant in Edinburgh his fore-foot within these three years or thereby the said Patrick Cunninghame opened an Vein to and let Blood of umquhile Henry Cunninghame and his Spouse and applyed Couters Plasters and Oyntments to them within these three years or thereby as the said Condescendence extent in process more fully bears as also for verefying and instructing the Points and Articles of the foresaids Summonds of Declarator and the Rights of priviledges of the said Incorporation adduced in presence of the saids Lords the particular Writs under-written conform to an Inventar thereof whereof the Tenor follows viz. The Seal of Cause dated the 1. of July 1505 erecting the Chyrurgeons into an Incorporation under the Town of Edinburgh their Seal of Cause Item Letters of Ratification thereof by King James the Fourth under his Privy Seal dated the 13 day of October 1506 years Item Letters of Exemption by Queen Mary under her Privy Seal dated 13 May 1567. years Item Signatur by King James the 6th subscribed by the Lords of Thesaury ordaining an Letter of Ratification to the above-written Rights to be exped under his Privy Seal dated 6 June 1613 years Item the Ratification following thereupon by King James the 6th under his Privy Seal dated the 6 of June 1613 years foresaid Item An Act of the Council of Edinburgh in favours of the Chyrurgeons dated 10 of September 1641 years Item An Ratification in Parliament of the above-written Rights in favours of the Chyrurgeons dated the 17 day of November 1641 years Item An other Act of the Council of Edinburgh in favours of the Chyrurgeons dated the 8 of December 1643 years Item An other Act of the Council of Edinburgh against unfree-men in the Cannongate Leith and other Suburbs dated the 20 of April 1649 years Item An other Act of the Council of Edinb against the Barbers in the Cannongate dated the 27 of June 1649 years Item An other Act of the Council of Edinburgh against the Barbers in the Cannongate dated 18 day of July 1649 years Item An Act of the Council of the Cannongate against their Barbers there dated 22 day of August 1649 years Item an Act of the Council of Edinburgh against the Unfreemen in the Cannongate dated 12 day of August 1649 years Item Two Acts of the Council of the Cannongate against Unfreemen there the one dated the 2d of August 1649 the other dated the 7 of September 1649 years both upon one Parchment Item An Act of the Council of the Cannongate in favours of the Apprentices of Barbers there dated 10 of Feb. 1654 years An Act and Decreet of the Council of Edinburgh in favours of the
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
Chirurgeons against the Apothecaries dated the 27 of June 1655. Item An Instrument Deacon Burnet against William Jackson anent his two Fines the one the 10 Septem 1655. Item An Act of the Council of Edinburgh erecting the Chirurgeon-Apothecaries Apothecaries into an Brother-hood under the Town of Edinburgh their Seal of Causes dated the 25 Feb. 1657 years Item Exemption by the Town of Edinburgh in favours of the Chirurgeons dated 9th Novemb. 1660 years Item An Act of Adjournal in favours of the Chirurgeons dated the 9 day of March 1674 years Item An Extract of the Process pursued before the Lords of Justiciary by Margaret Damahoy against William Mason dated the 29 of July 1674 years Item An Ratification in Parliament in favours of the Chirurgeons of their hail Rights dated the 22 of August 1670 years Item An Act of the Council of Edinburgh against John Savage Unfree-man dated the 4 day of July 1638 years Item An Act of the Baillies of the Cannongate against William Steven Unfree-man dated the first of January 1653 years Item Condescendence by the Chirurgeons upon the Deeds of Contravention committed by Patrick Cunninghame Item an Summonds of Declarator the Chyrurgeons of Edinburgh against the haill Apothecaries and others Unfreemen with the Executions thereof of the Date 1681 years as the said Condescendence extent in process more fully bears as also for verefying and instructing the Points and Articles of the said Summonds of Declarator and the Rights and Priviledges of the said Incorporation adduced in presence of the saids Lords the particular Writs above specified and the said Patrick Cunninghame Defender in the foresaid Libel he the remanent Apothecaries of the said Burgh Defenders of the foresaid Action of Declarator raised at the saids Chyrurgeons their instance Pursuers in the other Action of Reduction Declarator raised at their instance against them Compearing by Sir George Lockheart Sir John Dalrymple and Mr. David Cunninghame Advocats their Procurators the foresaid Lybel and mutual Summonds of Declartor raised by both the saids Parties in manner above-re-hearsed with the Condscendence above-written and particular Writs and Evidents produced for Instructing the said Chirurgeon Apothecaries their Rights and Priviledges in manner above-specified together also with the several Debates and Interlocutors following thereupon in manner under-written and together with the several Supplications and Answers made thereto with the Instructions of the samen given in by either Parties in manner and to the effect after-mentioned being all at length heard seen and considered by the saids Lords and they therewith being well and ryply advised The saids Lords of Council and Session have found and declared and hereby finds and declares that the Chirurgeons have the only Right of Phibotomie within the Town of Edinburgh and upon the Burgesses thereof except in the cases of Necessity and charity and that where there is no Incision made upon dead Bodyes and that there is only Wrapping of the Body required the Apothecaries makers of the Cerecloths may wrap the Bodies but where Incision is made the Application is proper to Chirurgeons of the Cerecloths to the Body And finds and declares that the Imployments of Chirurgery and Pharmacy being two distinct Imployments and both requiring a great deal of care and knowledge shall hereafter within the City of Edinburgh and Liberties thereof be Exercised by distinct Persons and that one and the same Person shall not Exercise or be Imployed in both Imployments and that albeit Chirurgeons may buy and sell Samples as any Drogests or Merchants may do and Compone such Drogs as are necessar for Chirurgical and External Applications yet that they cannot compone any Medicament to be taken internally by the Mouth exceptand always from this Declarator all the present Chirugeon Apothecaries that are presently actual Masters in both Imployments and does actually keep Shops within the said Town of Edinburgh or Liberties thereof as to which Bounds this Declarator extends And no farder as alse have declared and Ordained the said Chirurgeon Apothecaries Masters who as said is are allowed the Exercise of both Imployments during their Lifetime and James Muirhead John Lauder and Thomas Edgar who are declared to be in that Condition albeit they be not as yet actually entered Masters in both Imployments and to declare their Election betwixt and Tuesday next And if they do not betwixt and the said day the saids Lords Decerns them to sit only at the Chirurgeons Table as the Eldest and first erected Trade and have found and finds that no Master can hereafter take Prentices to make them Free-Men in Edinburgh in any of the saids two Imployments except that at which they sit at the Table and that all the Prentices already entered are to be Free only in that Imployment and Trade at which their Masters sits at the Table Because that after the said Libel first intented before the saids Magistrats of Edinburgh being Advocat of consent as said is There was an Supplication given in to the saids Lords by the said Patrick Cunninghame Shewing that where the Supplicant was lately Warned by one of the Town Officers to Compear before the Baillies in their Justice of Peace Court on the Afternoon at the Instance of Mr. James Nisbet present Deacon of the Chirurgeons of the said Burgh to be unlawed and Fined for alledged operating in Chirugery and in which Procedure he was Informed the Baillies would upon his Appearance Summarly prove his Delict by his Oath and immediately Charge him to the Tolbooth without so much as allowing him an formal or written Libel with the benefite to Answer there against and so fix a fault of contravention of their alledged Priviledges upon him by no other way of Probation but a present judical Oath which is and ought to be Sacred to all and more deliberately digested before given then immediately to be Administrat to and pressed upon one hurried but from off the Streets hoc vel maximae atento that the Supplicant was herein Challenged for no nottar particular or nominated Crime but most what of Picque to please the Humours of the Chirurgeons in regenerali dubia invidiosa their Priviledges and manner of proving the Contraveening and incroaching thereupon having never as yet been by the saids Lords of Council and Session the only Judges compent thereto lawfully as is requisite declared whereupon with all just respect to the Magistrars and their Authority but because of the strange and unlawful Methods of the Chirurgeans probation having in a Bill of Advocation meaned himself to the saids Lords the Lord Forret then Ordinary was pleased to fist Procedure till the 24th Instant as the foresaid Bill and Signature thereupon here present to show Testifies And we seing the Point did resolve in that whether or not the Petitioner was obliged summarly by his judicial Oath to fix delict and we to Fine and unlaw upon the Petitioner at the humour of and when ever called by the Chirurgeons whereunto it was humbly conceived that
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
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
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
and their Burges Tickets should be Barbers allanerly and not Chyrurgeons as the said Act at more length proports And farder the said Provost Baillies and Council of the said Burgh of Edinburgh by another Act dated the 27th of June 1655 years Did declare their said Act above-written of the date in December 1643 to extend to the whole Apothecaries and their Servants present and to come as if they were specially insert thereintill and also that the Apothecaries Unfreemen of the Chyrurgeons has no liberty but as Burgesses And sicklike that the Operations and Applications contained in the Act of December 1643 upon the living and dead Bodies of Men Women and Children and the curing of the Diseases therein-mentioned as Tumors Wounds Ulcers Luxations Fractures curing of Verols c. and their accidents by Operations Applications Diet Medicaments and what else requisite to the compleat Cure belongs properly to the Freemen Masters Chyrurgeons of the said Burgh of Edinburgh being tryed in Theory and Practice sworn and admitted to the degrees of Mastership in Chyrurgery before the said Incorporation allanerly and no other person whatsomever And therefore did Statute and Ordain that whatsoever Apothecaries or their Servants or any other persons whatsoever who are not Freemen Chyrurgeons of the said Burgh of Edinburgh should be found guilty of using or exercing any Cure Operation or Application Chyrurgical foresaid or any part or point of their Calling within the said Burgh of Edinburgh Liberty or Jurisdiction thereof that they should be punished and lyable in payment of the said Unlaw of 20 Pounds Money foresaid conform to the Act of Parliament so oft as the samine shall be proved against them pro ut de jure upon Complaint one or moe ipso facto without any furder Proces of Law And seing that William Jackson Servitor to John Hamilton Apothecary was found to have contraveened the said Act of December 1643 the said Provost Baillies and Council ordained him to pay the said Unlaw of 20 Pound toties quoties for ilk Fault and referred the furder Censure of his Misbehaviour to the Baillies Likeas The said Provost Baillies and Council did by the said Act Ratifie and Approve the whole former Acts of Council made and granted in favours of the Chyrurgeons of the said Burgh of Edinburgh as if the samine had been specially insert in the said Act and ordained Intimation thereof to be made to the Apothecaries or any others concerned therein that none might pretend ignorance of the samine as in the said Act at more length is contained Conform to the whilk Act the said William Jackson being fined by the Baillies in the Sum of 40 Pounds Scots Money for two Faults committed by him in applying of Couters and letting of Blood at two several times being upon a single Complaint the one Fault confessed by himself and the other refused by him to declare upon being referred to his Declaration and having payed the foresaid Sum of 40 Pound to the Baillies of the said Burgh of Edinburgh they did send by the hand of James Gray one of their Officers the Sum of 20 Pounds as being the equal half of the said Fine to the deceast William Burnet Deacon of the Chyrurgeons of the said Burgh of Edinburgh for the time to be applyed by him for the use and behove of the said Incorporation of the Chyrurgeons conform to their Seal of Causes Rights and Priviledges above-mentioned as authentick Instruments taken thereupon in the Hands of Robert Adamson Nottar Publick of the date the 10th day of September 1655 years at more length proports And in like manner the said Provost Baillies Council of Edinburgh by another Act dated the 25 day of Feb. 1657 years proceeding upon an Supplication given in to them by the Apothecaries and the Chyrurgeon-Apothecaries of the said Burgh of Edinburgh did Statute Ordain that from thence-forth no person should be admitted to the Profession Practice of the Art of Apothecary within the Burgh of Edinburgh or Liberties thereof but such as having obtained the Freedom of being Burges and Gild-Brother of the said Burgh should make their Address by Petition to the Council for their Recommendation to the Apothecaries and the Chyrurgeon-Apothecaries and their Succeâ—â—oâ—s for their Tryal and Examined and that Report should be made by the Appothecaries and Appothecarie Chirurgeons and their foresaids to the Counsel of their Abilities and Qualifications in the said Art in which case the Counc l is to admit them to that Profession and for that effect the Council of the said Burgh of Edinburgh gave Power Warrand and Commission to the saids Appothecaries and Chirurgeon Appothecaries and their foresaids in all time coming to Try and Examine the Abilities and Qualifications of all such Persons who intend to converse with profess and practise the said Art within the said Burgh and Liberties thereof being recommended in manner foresaid And did Statute and Ordain that no manner of Person or Persons whatsoever within the said Burgh and Liberties thereof should not presume nor take upon hand to profess nor practise the said Art of Appothecary or any part or point thereof privatly or publick y who should not be admitted and found Qualified in manner above-written under the pain and punishment of the Contraveeners in their Persons and Estates And sicklike did Statute and Ordain That the Baillies one or moe for the time with the Dean of Gild and two or more of the Appothecaries and Chirurgeon-Appothecaries and their foresaids to be nominat appoinâ—ed by the Council being Persons of most approven Integritie Skill should from time to time visit the Sufficiency of all sorts of Drugs within the said Burgh of Edinburgh and Liberties thereof and Seize upon such Drugs as they should find insufficient and Report the samen to the Council whereby the Havers and Users thereof may be condignly punished in their Persons Estates according to the Quality of their Fault and their Fines and Penalties to be applyed to the Use of the Good Town of Edinburgh as the said Act of the Date foresaid at more length proports And al 's the said Provost and Baillies of the said Burgh of Edinburgh by their Act dated the ninth day of November 1660 years mentioning that it pleased the Council of the said Burgh of Edinburgh to make choice of the deceast Arthour Temple Chirurgeon to be one of the Captains of the said Good Town of Edinburgh And seing that by the Laws and Customs of most part of Kingdoms and Nations Men of that Profession are allways Exeemed from any such Charge and Office Their Calling being such wherein the very Lives of People are concerned besides that the said Incorporation of the Chirurgeons having many and divers antient Rights Liberties Priviledges and Immunities granted to them and their Successors and Ratified by Kings Queens and Parliaments of this Kingdom And therefore the Deacon and Brethren of the said Incorporation of the Chirurgeons by Their Supplication given in
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
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
appoint Visitors as they shall think fit that being the Towns particular priviledge both by their Charters and by their Sett it being expresly provided by the Sett that neither Merchants nor Crafts and their Deacons nor Visitors shall have or make any general or particular meeting but by the advice of the Magistrats and Town Council Tertio It is a strange piece of confidence that the Apothecaries should desire that the Magistrats and Town Council should be ordained to appoint a Visitor for conveening their Fraternity and to grant such priviledges as they shall desire which is down right centrair to the priviledges of the Town and the Sett and to crave that that should be done under a certification and that without so much as calling the Magistrats then which there can be nothing more rediculous and absurd and therefore seing the Chirurgeons and Chirurgeon Apothecaries are not obliged Summarly to answer a Bill and that this Proces is already depending before the Town Council to whom it properly belongs to cognosce upon such differences and that the Magistrats whose priviledges are principally concerned are not called the desire of the Bill as most groundless and absurd ought to be refused and when the Apothecaries shall raise any action of Declarator they shall have an answer Whilk Supplication and desires thereof and answers above written made thereto being at length read heard seen and considered by the saids Lords and they being therewith well and ripely advised the Lords of Council and Session upon the eighteen of March instant ordained the Magistrats and Town Council of Edinburgh to nominat and appoint a Visitor for conveening the said Fraternity thereafter the said Apothecaries of Edinburgh gave in an other Supplication to the saids Lords shewing that where the Petitioners having applyed to the Lords representing that albeit they had several times petitioned the Magistrats and Town Council of Edinburgh to nominat and appoint a Visitor to the effect the Apothecaries might meet and conveen for tryal and Examination of intrants and doing their other affairs yet notwithstanding such w s the power and influence of the Chirurgeons that they could not obtain so just a desire and which was done of purpose that the Petitioners might be deprived of the benefite of your Lordships Decreet of Declarator separating of the two Callings of Pharmacie and Chyrurgerie And therefore craving that the Lords would ordain the Magistrates and Council of Edinburgh to nominate a Visitor which Petition and Answers thereto being considered by the Lords and they having found the samen most just and reasonable they did accordinglie ordain the Magistrats of Edinburgh to nominate a Visitor betwixt and the twenty one with Certification that the saids Lords by their own Authority would nominate and appoint a Visitor and which deliverance being intimat to the Magistrats of Edinburgh they in place of giving of obedience thereto have nominate and appointed two Visitors whereof David Pringle the present Deacon of the Chyrurgeons is one which is in plain terms to continue the conjunction of the two Calling of Chyrurgerie and Pharmacie and to render the Lords Decreet of Declarator separating the same Elusory and of no effect And in regaird such Insolent proceedings cannot be justified as being a contempt of the Lords Authority to which the Magistrats and Council of Edinburgh ought to submit and give all obedience And therefore humbly craving that the Lords without furder delay would nominate and appoint a Visitor for conveening the Fraternity of Apothecaries to meet on all occasions and in Vindication of their own honour and Authori y to inquire censure such unwarrantable proceedings whereby notwithstaning of the Lords Decreet of Declarator separating the two Callings of Pharmacie and Cyrurgerie the Magistrats and Council of Edinburgh have presumed to nominate David Pringle present Deacon of the Chyrurgeons to be a Visitor for the Apothecaries and to discharge the said David Pringle upon pretence of the said Nommiation to accept or to act in any such Capacity he being by the foresaid Decreet of Declarator altogether incapable to sit and meet at the Table of the Apothecaries but only at the Table of the Chyrurgeons which Supplication and desire thereof being considered by the saids Lords they ordained the Procurators for the Magistrats and Town Council of Edinburgh to see and answer the samen which being given up to their said Procurators to see they returned the same with the Answers following viz. That it is so great insolence in the said Apothecaries to offer to trouble the Lords with such a Bill against the Magistrats who has been so kind to them as to allow them to meet whereas without their allowance they could not meet nor have any Priviledge at all and yet the Magistrats have been most ungra efully used by them which was very unbecoming any Burgess within the Town far less the Apothecaries to whom the Magistrates have done so many favours but in answer to the Petition It was humbly represented to the Lords 1. That it is the undoubted Priviledge of the Burgh of Edinburgh granted to them by the first Erection that no person can convocat and conveen within the Burgh unless by the Authority and appointment of the Magistrats which was confirmed to them by several Charters under the great Seal granted to them by his Majesties Royal Predicessors As also it is expresly provided by the Seventeenth Act Parliament eighteenth King James the Sixt that no person nor persons within the Burgh of whatever Rank or condition they be of presume to take upon hand under whatsomever Colour or Pretext to Convocat or Assemble themselves together at any occasion except they make due intimation of the lawful Cause of their Meetings to the Provost and Baillies within Burgh and obtain their Licence thereto 2. As this is clear from the Towns Charters by several Acts of Parliament so it is likeways clear from the Set and Decreet Arbitral pronounced by James his Majesties Royal Grand-Father of ever blissed Memorie by which it is expresly provided that neither Merchands amongst themselves neither the Crafts and their Deacons or Visitors shal have or make any particular or general Conventions as Deacon with Deacons Deacons with their Craft or Crafts amongst themselves far less to make private Laws or Statuts to Poynd and DistringÈie at their own hands for transgressions without advice and consent of the Provost Baillies and Council which is confirmed by Act of Parliament by which it is evident that none of the Crafts can meet among themselves nor Deacon with Deacons can warrantablely meet without warrand from the Magistrats far less can any other Persons that are none of the Crafts meet amongst themselves without warrand from the Magistrats who many appoint one to Conveen and proceed among them and disolve them at their pleasure and appoint a Visitor to any that they shall allow to be in a Fraternity as they shall think fit 3. The Appothecaries not being any of the