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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B02907 Decreet of separation, the apothecaries of Edinburgh, against the chyrurgeons there. 1688 (1688) Wing D807A; ESTC R176403 78,901 48

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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 Ra●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