they ordained the Chyrurgeon Apothecaries to have answered the samen again the next day thereafter and thereafter there was ane Supplication given in to the said Lords by James Turnbul Chyrurgeon in Edinburgh shewing that whereas he had payed an considerable Prentise Fee after his Apprentisship went Abroad for several years to accomplish himself in the Arts of Chyrurgerie and Pharmacie and after his return upon Application to the Chyrurgeons of Edinburgh they upon Tryal have found the Petitioner qualified and admitted him a Free-man Master in their Societie and he having provided himself of all Drugs Medicamenta and Instruments necesar not only fit for Exercing of Chyrurgery but also of Pharmacie the Petitioner having set up and keeped an open Shop and done all Diligence for procureing of Freedom in Pharmacy and did make his Application to the Town Council of Edinburgh for their Recomendation to the Fraternity of Chyrurgeon Apothecars and Apothecaries the Petitioner was always delayed because of several Intrants that had procured their Recomendation before him but now having procured his Recomendation from the Council to the Brother-hood the Petioner has gotten in his Bill which Bill with his Recomendation is accepted of by them and still lying before them but by reason their metings has not been so frequent as formerly because of their pleas at Law the Petitioners Tryals hes been delayed and seing he is a present Master in Chyrurgrie and hes done all Diligence in order to the Tryal of his qualification in Pharmacie and to that end hes Set up a Shop before the Lords Interloquitor Humbly beseeching therefore that the saids Lords would allow the said Brother-hood of Chyrurgeon-Apothecaries and Apothecaries to admit and receave the Petitioner a Freeman Chyrurgeon-Apothecary that he may have the benefit of the Lords Interloquitor especially considering the Lords have granted the like Priviledge to other two of late the one not being yet admitted Chyrurgeon the other neither as yet admitted Chyrurgeon nor Apothecarie so the Petitioners case in all circumstances being considered is more favourable then these Whereunto it was answered for the said Apothecaries it was absolutly false that he payed any Prentise Fee having only served his Father who was absolutely ignorant of Pharmacie having neither been Breed nor Instructed therein although he keeped the Fashion of an Apothecaries Shop which afterward he quat because the Physicians would not Imploy a person of so little Skill Secondly All his Trâ—vel abroad was only a Ship-board where he could have no occasion of exercising much less of Improving himself in Pharmacy which appeared very well when he offered himself to Tryal for there he was found most Ignorant and unqualified and rejected as such since which time he never had the confidence to offer himself to a new Tryal in respect whereof it was hoped the saids Lords would reject his Petition and that the saids Lords would be pleased to declare that the Indulgence that they had allowed to the three youg Men Lauder Muirhead and Edgar was always upon condition that they be found Qualied at their respective Tryals which last Supplication above written being read in presence of the saids Lords together with the Answers made thereto by the saids Apothecarie and they having heard seen and considered the samen They refused to grant the Desire thereof And thereafter there was another Supplication given in to the saids Lords by the saids Chirurgeon Apothecaries of Edinburgh shewing that where they being informed that the saids Lords has decerned the Petitioners to make their Election presently at which of the Tables of Chirurgery or Pharmacy we are to meet and sit whereat the Petitioners are greatly surprised and in a manner in a consternation seing the said point was never advised with our Lawyers nor Informations given by the Petitioners to the saids Lords thereanent nor the same craved by the Pursuers Declartor and in regard many of the Petitioners number are out of Town and the time allowed very short and to the effect the Petitioners may deliberat sedato animo in so weighty a Point and not to do the same rashly and in confusion Humbly beseeching therefore the saids Lords would grant the Petitioners such a competent time as they may advise and be heard before the saids Lords hopeing that some of the Petitioners their Services in both Imployments to His Majesty in his greatest difficulties when scarce one of the Pursuers were so much as heard of and the Petitioners former care and successful pains in Curing many of His Majesties Leidges by exercing these Imployments did prevail with the saids Lords to grant the Petitioners this so reasonable and humble desire Whereinto it was Answered that whereas it is pretended that the Point of separating the Tables and oblidging them to make their Election of what Table they will sit at and to â—ook their Apprentices accordingly was never advised with their Lawyers nor Informations given in by them to the Lords thereanent nor the same craved by the simple Apothecaries Declarator It was Answered First That it was their own fault if they did neither advise with their Lawyers nor give Informations to the Lords The Points having been fully Debated several times as is well known to the Lords themselves But Secondly The Apothecaries and Chirurgeon-Barbars do oppone the several Bills and Answers given in on both sides and extant in Process since the Lords did pronounce their first Interlocutor for separating the Callings but especially Sir George Lockhart Answers to the second Bill since given in for them by the Lord Advocat which is lying in the Clerks hands by which it clearly appears that the Separation of the Tables was necessarily consequential to the Saparation of the Callings and without which the first Interlocutor was no perfect So that it was calumnious for the Chirurgeon Apothecaries to pretend a Surprisal it being about a Month as will appear by the Dates of the saids Bills and Answers since they were well acquainted with the Point in respect whereof and that the Chirurgeon Apothecaries design was only to drive off this Session that thereby they may render the Lords Sentence elusory and of none effect by hindring the samen to be Extracted and so to continue and perpetuat the Confusion And it was therefore hoped that the saids Lords would have no regard to the Petition nor any other of that nature but furthwith Order the Extracting of the Apothecaries Decreet especially seing the Services which some of these Chirurgeon Apothecaries pretend to have done to His Majesty in his greatest difficulty were neither so great nor so long continued by very far as they rendered to his Enemies of both Nations who brought His Majesties Royal Father and himself unto those difficulties which last Supplication and Answers above written made thereto being likeways in read presence of the saids Lords and they having also heard seen and considered the same refused to stop the Extracting of the foresaid Declarator but declared that if the
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
not only consistant with the Laws and Customs of other Nations but agreeable to the Policy of this Burgh in all other Trades and is much more observed in London and well governed Cities and all the Possession that the Chirurgeons can pretend to before the year 1657 can operat nothing seing it wants a Title which is necessary for Prescription Thereafter there was an Supplication given in to the saids Lords by the said Apothecaries and simple Chirurgeons of the said Burgh of Edinburgh Shewing that where to that Action and Declarator first intented at the instance of the Apothecaries against the Chirurgeon Apothecaries and now concurred in by the simple Chirurgeons as to that point or separaâ—ing the two Callings and Employments not to be exerced by or confounded in one person and which single point hath been formerly fully Debated It was therefore humbly craved the saids Lords would advise the point and give their Answer therein in jure especially seing the saids Apothecaries Raisers and Pursuers of their own Declarator did humbly conceive they were not pro loco et tempore concerned to insist any farder in the other undetermined points of their Declarator while the saids Lords should be pleased to give their determination in the point of Separation as the said Supplication more fully bears which being read in presence of the saids Lords and they having heard seen and considered the samen Declared that before advising of the point as to the Separation of the Employments they would hear the Parties upon the points reserved to be determined in their said last interloquitor and therefore ordained both parties Procurators to be read at the next calling and accordingly the said Action being again called and both parties compearing by their respective Procurators above named the Procurators for the saids Apothecaries repeated the conclusion of their said Declarator as to the other two points not yet insisted in viz. Primo That it should not be lawful for Chirurgeons to trouble Apothecaries and put them to their Oaths upon alledged Contraventions and their exerceing of any operations proper to Chirurgeons but only according to the practice and observance of all other Trades to deprehend them in the Act of Contravention and which the Apothecaries craves no more against the Chirurgeons in case of their Contraventions and exerceing the Employment of Apothecaries Secundo That in so far as concerns the Members of the Colledge of Justice and others his Majesties Subjects residing in or repairing to Edinburgh not being Burgesses they may without any restriction make use either of Apothecaries or Chirurgeons and that the Acts of the Town Council of Edinburgh relating to Priviledges of either of the said Employments can take no further place but inter concives To which it was Answered for the Chirurgeons by their said Procurators that the foresaid Declarator as to these two points now insisted on cannot be sustained because as to the first that the proveing the Contraventions by the contraveeners their Oaths as a thing 〈◊〉 in cases more ordinary and less importance as in the cutting green Woods abstracting of Multers and lately by an Act of Sederuut it is appointed that the Magistrats shall be Burgesses before them and referr the Contraventions of the selling of Vivers at greater Rates than they allowed to the Contraveeners Oaths And here there is nothing to say as in other manual Trades And as to the second point it were against Reason to leave the strangers to the mercy of unskilful persons while the Burgesses are priviledged for that they shal be served by skilful persons Secundo All the Town of Edinburgh has the Right and are in the possession of providing for strangers while they are in the Town in all other things and why not in this Tertio The Physicians their Parent does bear them to all persons within the Town al 's well strangers as others And the Chyrurgeons Trade should be in reason as far extended especially seing their Rights and immemorial Possessions does carry them to it And by the late Act of Parliament Merchants are allowed to be put to their Oaths for in-bringing of Good Uncustomed or prohibite which is in effect a Theft Whereunto it was Replyed for the Apothecaries That this manner of Probation cannot be allowed for it would ruine both the simple Apothecaries and the simple Chyrurgeons And therefore until that point of the Separation of the Trades should be first determined and then the Decisions as to the manner of probation would be equal to both Secundo The general interest of the people is That it shal not be in the power of any Trade to discover or bring in question His Majesties Leidges as being subject to Diseases which it may be they would think shame of yea so much as to have it suspected tho by the event it should not be proven Tertio It is contrair to the inviolable Observance in the case of all other Trades who cannot prove any pretended Contraventions either against unfree Men or Members of other Trades except per manus subjectionem and that they were actually deprehended in the Act of Contravention Quarto If the contrair were sustained that it might be lawful for the Trades to raise Process against Unfree-men or one against another upon pretended Contraventions of their respective Priviledges It behoved to kinde a Fyre amongst the Trades and each of them to ruine and destroy others by calumnious Processes Quinto It behoved to open a Door to all Calumnie Prevarication and Perjury Sexto There is a great Difference betwixt the case of general Laws or Poenal Statutes the Contraventions whereof may be proven by Oath of Partie And the priviledges granted to privat Trades and Incorporations For the observance whereof there is no furder allowed by the practise of this and all other Nations but actual Seizure and Deprehension and even by the Ratification of Parliament in anno 1641 in Favours of the Chyrurgeons It is evident that the Parliament allowed no more but actual Seizure and Deprehension Septimo If these were allowed it should be in the power of Chyrurgeon-Apothecaries to ruine the simple Apothecaries and simple Chyrurgeons by raising Process against them at their pleasure and by calling them to attend such Processes when they might be forced to go out of Town to attend their Patients and so might Be holden as confest and so there is far greater reason why Oaths should not be allowed against Apothecaries then in the case of other Trades where it is not allowed Octavo A thousand cases might occur wherein Apothecaries could not be cleared to Depone whether the Operations done by them were Chyrurgical or might be proper to be done by Apothecaries All which may fully evince that it is a most unjust and unwarrantable pretence that Apothecaries should be put to give their Oaths which is contrair to the practise and observance of all other Trades and would be destructive to the Apothecaries and is contrary and prejudicial to the interest and
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
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
that Pretence that the Case was a Matter of Government and that His Majesty has granted a Signature in Favours of the Chyrurgeon-Apothecaries and that the King's Advocat desires to be Heard in favours of the Chyrurgeon-Apothecaries It was answered the Insinuations are most frivolous And it is strange how any man can please himself or think it possible to delude others with such Conceits and that every little petty Debate betwixt two privat Trades must instantly be a great Question of Government And it were certainly very unsuitable to that Deference and Duty the Lords of Session owes to His Sacred Majesty whose Royal Consideration is taken up with Matters of a Higher Nature to trouble His Majesty with such petty Concerns which are only proper to be Cognosced and Determined by His Majesties Judicatures which are Established for that very end And as to the Signature in favours of the Chyrurgeon Apothecaries it was strange how it comes to be mentioned having already received its Fate before the Lords of Privy Council and it 's great Moderation in the Lords of Session who were so immediatly touched by the Extravagancies of the said Signature not to have taken notice of it before this time And as to these Pretences that the Interlocutor can be of no greater Force than a Law which can only be extended ad casus futuros and cannot prejudge Apprentices who had jus quaesitum by their Indentures to both Employments It was Answered the Comparison is an evident Mistake for the Lords Interlocutor is a Sentence in Jure and a Decision in Point of Right that these two Employments ought to be separate and not confounded in the same person so that it was impossible there would be Jus for the Confusion that being directly inconsistent with the Interlocutor it being certain that the Lords of Session cannot take away Parties Rights neither pro praeterito nor futuro and therefore the Interlocutor by a necessity of Consequence should have effect against the present Masters for the Separation in time coming though the Lords has been pleased so far to indulge them as to allow them to Operat in both during their Lifetimes but there is not the same Reason to extend the same Favour to Apprentices which would indeed evacuat the Interlocutor and the Lords may as well Retrait what they have done as satisfie the unreasonable Clamour of the Chyrurgeon-Apothecaries and neither they nor their Apprentices can pretend to a Jus quaesitum unless they suppose the Interlocutor in Jure is unjust which whatever they think it were a little too petulant to insinuat or express And Laws are of a different nature from Interlocutors in Jure because Laws being inductivi Juris novi are only to be extended ad negotia futura but Interlocutors are Declaratory of Laws already made and of distinct Rights formerly of their own nature established and so does take effect and regulat all Cases which are the Subject of Debates And the Apothecaries humbly desire the Lords to take to their Consideration a former Petition given in by them and at last to put a Period to these Debates and to secure and render their Interlocutor ineffectual in time coming and that it may not be in the power of the Chyrurgeon Apothecaries to elude the same And thereafter there was another Supplication given in to the saids Lords by the saids Apothecaries Chyrurgeon-Barbars of Edinburgh Shewing that where the saids Lords upon Advising of the Declarator Raised by the Petitioners against the Chyrurgeon-Apothecaries has most justly Found and Declared that these should be separat Employments in time coming It followed necessary that the present Chyrurgeon-Apothecaries who were allowed to exercise both Employments dung their Lifetime should not upon the Pretence of the said personal Indulgence be allowed to fall upon Methodso evacuat the said Interlocutor and perpetuat the Confusion of these Employments Tâ—â— therefore the saids Lords would expresly declare That it should not be lawful to the Chyrurgeon-Apothecaries to receive Apprentices but as to one of these Employments and that the Prentices be so looked And that the present Chyrurgeon Apothecaries may be put to Declare which of these Employments they will take themselves to in time coming as to that Point of Booking of Prentices otherways they will receive Prentices one year in Pharmacy and another year in Chyrurgery which is most absurd As likewise That the present Chyrurgeon-Apothecaries may be Restricted to sit at one of the Tables either of the Deaconrie of Chyrurgeons or of the Fraternity of Apothecaries there being no more intended by the Interlocutor than that the present Masters may Operat in both Employments during their Lifetime And whereas the Petitioners were Informed that the Chyrurgeon-Apothecaries of design to evacuat the Interlocutor were to crave that their Apprentices who are already past their Prentiship and Discharged of their Indentures may be allowed to exercise both Employments during their Lifetime The said Pretence is directly inconsistent with the Interlocutor and tends to evacuat the same and continue the Confusion of these Employments and the Indulgence granted to the present Masters is ex gratia and contrare to the common Grounds of Law whereupon the saids Lords has sustained the Declarator for Separation in time coming And the special Considerations that the saids Lords have gone upon as to the present Masters was that they were in possession of both Employments and had long Experience and had Shops fitted with the Materials of Pharmacy and Chyrurgery which special Reasons do not in the least Militat for Apprentices who are not set up many of whom will not be able to be Freemen in the saids Employments these ten or twelve years by the Constitutions of the Burgh and the Acts of the respective Employments Thereafter it was humbly craved That the saids Lords would so Enlarge and Declare in the foresaid Interlocutor That it may not be in the power of the present Chyrurgeon-Apothecaries by their Methods of taking and Breeding of the Prentices in both Employments to evacuat the same and that they may be Restricted to Meet and Conveen only at that Table at which they shall Condescend to Book their Prentices that so these Points of the Separation being once fully cleared the Lords may at their convenience proceed to Advise the other Points that are not yet Determined as the said last Supplication also more fully contains Which first Supplication above written with the Answer made theretâ— by the said Apothecaries and last Bill given in by them in manner above specified being all read in presence of the saids Lords and they having Heard Seen and Considered the samen and being therewith well and ripely Advised the saids Lords Decerned the saids Chyrurgeon-Apothecaries Masters who by the foresaid Interlocutor were allowed the exercise of both Employments during their Lifetime and the three young Men. viz. James Mu rhead John Lauder and Thomas Edgar who by the particular Interlocutors were declared to be in
that Condition albeit they be not as yet actually entered Masters in both Employments To make their Election to Meet and sit at any one of the Tables of the said two Employments and to declare their Election betwixt and Tuesday thereafter and if they did not Declare betwixt and the said day the saids Lords Decerned them to sit only at the Chyrurgeons Table as the eldest and first erected Trade and the saids Lords have found that no Master can hereafter take Prentices to make them Freemen in Edinburgh in any of the saids two Employments 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 In Obedience to the which Interloquitor there was an Condescendance given in by John Jossie Chyrurgeon-Apothecary written and subscribed by him and declaring his Election to be to meet and sit with the Apothecaries as the said Declaration and Condescendance dated the day of March instant extant in Proces more fully bears And thereafter there was another Supplication given in to the saids Lords by the Chyrurgeon-Barbers of Edinburgh shewing That where in the Erection of their Deaconry and in the Confirmation thereof by King James the fourth as also by the Decreet-Arbitral of King James the sixth there is not so much as any word of concerning or signifying such a thing as a Chyrurgeon-Apothecary which never came to be in practice till the time of the late unhappy Troubles Confusions was never so much as named under that Designation in any publict Writ till the time of the later and more unhappy Usurpation anno 1657 which yet does not any ways Erect or Authorize them as such and that the foresaid ancient Deaconry flourished in a good condition with an oppulent Box ti l the Chyrurgeon-Apothecary crept in amongst us who deriving â—â—â—nsick ends and designs prejudicial to the ancient Deaconry regarding the Apothecry and his Pharmacy more then the Chyrurgeon and true establishment of the Deaconry Pursuand to which they at all Tryals and all Admissions of Intrants constntly more favour their own Apprentices then the Petitioners wherethrow they have not only become more numerous in the Calling then the Supplicants were and so by Votes overpowered the Petitioners in all their Proposals but that also since their coming in amongst the Petitioners much Money hath been expended for Pleas and Suits of Law to not only the exhausting of the Box but burdening of the Calling with considerable Debts And now that the saids Lords have most justly found and declared that these two Imployments of Pharmacy and Chyrurgery are in their natures distinct and ought in their Practice to be so far separat as not to be exercised by one single person and tho' the saids Lords have ex gratia upon several Specialities indulged the present Masters to operat in both during their Lifetime yet the Petitioners are informed that the saids Lords are importunate to inlarge the same favour to some Apprentices as particularly to John Lawder and James Muirhead against whose Bills the Petitioners adhereing always to their general Answers and Bill jointly of before given in by them with the simple Apothecaries do humbly represent that these Prentices are not stated under the Specialities which prevailed with the saids Lords to grant the personal Indulgence in favours of the present Masters and as the Concessions would altogether evacuat the saids Lords their just Interloquitor and perpetuat the Confusion for ever so would they also open a door of great trouble to the saids Lords for no Apprentice whether he hath not served his time or is yet serving but would insinuat some pretences for enjoying a share in that personal Indulgence and it is a mistake in the fundamental Constitution of this Burgh to imagine that any one man ought in Jure take an Apprentice for two distinct Trades and Imployments for can a Merchant take an Apprentice for the Gildry and a Trade of ought a Tradesman in jure take an Apprentice by formal Indentures and book him equally to his own particular Trade and the Gildry of tâ—e City yea can a Tradesman take a Prentice and formally book him to any two distinct Imployments or Pendicles of one and the same Deaconry as for instance can a Py-Baxter take and formally book an Apprentice to the baking of Pyes and the baking of Loaves although the baking of a Loaf is the ordinary Essay put to the Py-Baxter at his Tryals So that as the Masters impinged upon the Constitutions and Order of the Burgh in confounding of the Gildry with the Crafts by taking and booking one Prentice to both so the Apprentices cannot found any thing upon this Corruptela to prejudge the Constitution of the Burgh whatever recourse they may have against their Masters for imposing upon them and their Friends by such Indentures Secundo It is more particularly Answered to John Lawder's Bill that the Action of Declarator was depending long before 〈◊〉 confesses himselfe to have come home and as de facto he never offered him to his tryals at the Petitioners Table so it is but frivolous to alleadge he had done it but was delayed upon the depending Declarator for what ever differences were betwixt the simple Apothecars and the Chyrurgeon-Apothecaries for the tryal of intrants at their table during the dependance yet no such thing was upon that account betwixt the Petitioners and Chyrurgeon-Apothecaries at the Petitioners Table and as for James Mureheads Petition he is already an Apothecary and so the Lords Interloquitor is opened 2. Esto he were not yet he cannot by the Acts of the Deacons be so much as yet for a long time receaved to his very Tryals the Petitioners Acts providing that none but qualified Person should be admitted discharged the receiving of so much as a Bill from an intrant till eight year 〈◊〉 he is Booked ane Apprentise in the Books of their Calling and which James Murhead cannot aleadge It was therefore humbly besought that the saids Lords would take the Promises to their consideration with the Petitioners Answers and former Bill abovementioned and secure the Lords Interloquitor from being rendered unefectual and that the Lords would declare that the Box and Calling of the Chyrurgeons could not be burdened with the Debt lately contracted for the maintaining of this Plea against the Separation but that the same should be payed by the Chyrurgeons-Apothecaries amongst themselves and not upon the Box which is the Poors Money and the Stock of the Incorporation seing the Petitioners concurred for the Separation and one of the Petitioners was so Illegally Incarcerat by the present Deacons who is a Chyrurgeon Apothecary himself for delivering his Opinion against borrowing of Money for this Plea that the saids Lords did liberate 〈◊〉 without either Caution or consignation as the said Petition likeways more fully bears which being likeways Read in presence of the said Lords
Petitioners had any thing in Law to represent upon the morrow thereafter against the oblidging them to sit at one Table and to have the priviledges of both they would hear them and thereafter there was an other Supplication given in to the saids Lords by the said Chirurgeon Apothecaries shewing That where they immediatly after sight of the saids Lords their last deliverance upon the foresaid Bill given by them past that same Afternoon which came to the Supplicants hands late at Night the Petitioners did their utmost endeavour to procure meeting of their Advocats which after all imaginable diligence they could not obtain in respect they were surcharged with a crude of Affairs the penult day of the Session and seing there were a great many matters of Fact coming daily to the Petitioners knowledge whereby the inconsistency of the separation of the two Tables of Chirurgery and Pharmacy during the Petitioners lifetimes even to former Interloquitors will unquestionably be made appear and which requires only the deliberat advice of their Lawyers to put in form It was therefore humbly craved the saids Lords would ordain the Petitioners Advocats to Consult them therein to the effect the saids Lords might be fully cleared in that point being confident to assert that neither the Pursuers nor Physicians their assistants has or shall be have more loyaltie towards his Majesty some of the Petitioners being at Worchester Fight attending upon his Person and sequestrat for their loyaltie by the Usurpers nor has been nor shall be more obsequous and ready to serve the saids Lords and Leidges with their skill and pains with the Petitioners who has given proof to the whole Nation how useful and necessar these Employments has been in their persons as the said last Supplication also extant in Proces more fully bears and which being likeways read in presence of the saids Lords and they having heard seen and considered the samen found the desire thereof improper for them to meddle in and refused to give any stop upon such pretences and ordained the Decreet to be given out Extractum de libris actorum per me sic Subscribitur George MackenÈie Clerk Register Act in Favours of the Apothecaries of Edinburgh AT Edinburgh the twenty sixth day of March one thousand six hundred Eighty four years anent the Supplication given in and presented to the Lords of Council an Session by the Apothecaries of Edinburgh shewing that where there being a Decreet of Declarator pronounced by the Lords separating the two Callings of Chirurgerie and Pharmacie and ordaining them to sit at different Tables and allowing the present Chirurgeon Apothecaries to make their Election at which Table they will fit under the certification that if they did not condescend declare betwixt and a certain day conform to the said Decreet to be reputed as Chirurgeons and to sit at their Table allanarly and the Petitioners in pursuance of the said Decreet of Declarator having presented a Petition to the Town Council of Edinburgh humbly desiring the Magistrats and Council to nominat and appoint to them a Visiter for conveening their Fraternity and for trying their intrants and that they would declare the Act of the Town Councis of the Twenty fifth of March one Thousand six hundred fiftyseven all the priviledges therein contained did now properly belong to the Fraternity of Apothecaries and not to the Apothecarie Chirurgeons as being declared by the said Decreet to be separat and distinct Callings the desire of which Petition being so just and the import and effect of the Lords Decreet of Declarator was at the first reading past nomine contradicente but thereafter by the importunity and influence of the Deacon of the Chirurgeons was thereafter stopped and albeit the Petitioners has by renewed applications earnestly desired the Magistrats and Council to grant the desire to the said Petition yet they are not able to prevail such is the power and influence of the Chirurgeons The present Deacon who is a counseller being a Chirurgeon Apothecary and in regard it is just and necessar for vindication of the Lords own authority to see their own just Decreet and Sentences rendered effectual and that the separation of the two Callings of Chirurgerie and Pharmacie was found by the Lords to be consonant to Law and founded upon consideration of publick utility and the good of his Majesties Subjects and that the said Decreet of Declarator for separating these two Callings of Pharmacy and Chirurgery would be rendred Elusory and of no effect if the Petitioners shall not have a Visiter nominat who may conveen their Fraternity of Pharmacy and that it is the just import and effect of the said Decreet of declarator that the whole priviledges and immunities contained in the foresaid Act declaring the Apothecaries in a Fraternity should be declared Solely to appertain and belong to the Apothecaries as separate and distinct from Apothecaries Chirurgeons and therefore humbly craving that the Lords would in vindication of their own authority as well as the Petitioners Right ordain the present Magistrats and Council to nominat and appoint a Visitor for conveening the Fraternity of Apothecaries upon all occasions and likeways to pass an Act under the Town Council of Edinburghs Seal declarseng the foresaid Act dated the twenty fifth of March one Thousand six hundred and fifty seven and the priviledges therein contained only to belong to the Fraternity of Apothecaries as being now declared by the Lords Decreet to be a separate Calling from Chirurgeon Apothecaries and that the Lords would be pleased to ordain the Magistrats and Council to do the samen under such certifications as the Lords should think just whilk Supplication and desire thereof being considered by the saids Lords they ordained the Procurators for the Chirurgeon Apothecaries to see and answer the same the next day which being accordingly given up to the saids Procurators to see they returned the samen with the answers following viz. Primo That it is strange with what confidence the Apothecaries can trouble the Lords with such a groundless and rediculous Bill seing they are not obliged Summarlie to answer upon a Bill no man being obliged to answer upon a Bill where there is no depending Proces except he be a Member of the Colledge of Justice and that in things relating properly to his Office and Employment far less can any Incorporation or Community be obliged to answer upon a Bill without there were Signet Letters raised and the persons formally cited and the Proces came in to be called by the course of the Roll conform the Act of Regulation for if it were allowed there should be no use of Signet Letters and would overthrow the foundation of Law and form Secundo This is already depending before the Town Council of Edinburgh as appears by the Apothecaries own Bill they haveing given in a Petition to the Town Council to the same purpose to whom it is proper to cognosce upon such differences and to
influence and importunity of the Deacons The Lords did interpose their Authority by Ordaining them to do the samen and thereafter they having in an insolent manner given in a sort of a mock Obedience to the Lords Sentence by nominating a Chirurgeon and an Apothecary to be joynt Visitors of the Petitioners Fraternity which was in effect a new Conjunction by their own Authority oâ— tâ—e two Trades which the Lords by so solemn a Decreet has Separat upon which high and insolent contempt of the Lords Sentences thâ— Petitioners having thereafter presented a new Petition Complaining of their said deportment the Lords were pleased after both the Chyrurgeon-Apothecaries and the Town of Edinbâ—rgh their Procurators had given in Answers to the several Petitions containing a full representation of all their Grounds and finding that the Town of Edinburgh refused to give any obedience to supply the samen by interposing the Lords Authority in vindication of their reiterated Acts and Sentences and did appoint John Joissie to be sole Visitor for conveening the Fraternity of Apothecaries on all occasions for that year and did find that in time-coming the Magistrats of Edinburgh ought to nominate one of these persons who sits at the Table of Apothecaries Visitor of the Fraternity And now the Petitioners having applyed to the present Magistrats for nominating a Visitor for this ensuing year conform to the Lords former Ordinance being one of these that sits at the Petitioners own Table and to that effect having given in a List of such persons to the effect they might make a choice they were so far from having any regard to the saids Lords Sentences and Acts above-mentioned whereby the Trades were separate and they appointed to nominat a Visitor of the Petitioners own Faternity which were all given in to the Clerk and produced before them in Council that in manifest contempt thereof by a previous Combination of the Deacons and Tradesmen who influences the rest of the Council they have again proceeded for this ensuing year to nominat a Chyrurgeon and an Apothecary to be joint Visitors of the Petitioners Fraternity and an intrant Apothecary having applyed for a Tryal they have recommended him to the saids Visitors which they always formerly refused and likewise they refuse to give the Petitioners out an extract of their said Nomination of purpose to protract this Session that the Petitioners may not have occasion to seek redress from the Lords And seing they have no other remeid but now to apply to the Lords for vindication of their saids Priviledges and likewise of the Lords own Authority against so frequent and reiterated acts of Contempt and Disobedience and therefore humbly craving that the Lords would be pleased as formerly so far this ensuing year to nominat one of these who sit at the Petitioners own Table to be their Visitor out of a List herewith given in or else to prevent the Lords trouble in all time-coming to allow the Petitioners themselves to meet and choise yearly their own Visitor and to admit of Intrants by the Petitioners own Authority seing the Town of Edinburgh have so frequently refused the same as the said Supplication bears which being Considered by the saids Lords they Ordained the Procurators for the Magistrats and Town-Council of the said Burgh to see the said Supplication and to answer the same upon Tuesday next thereafter which being accordingly given up to the saids Prucurators to see they returned the samen with the Answers following viz. That it is strange with what confidence the Apothecaries can give the Lords the trouble by such an groundless and insolent Bill which doth so highly reflect upon the Magistrats and it does evidently appear that it seems they would state themselves in an Incorporation without owning their priviledge or dependance from the Magistrats which is a down right Incroachment upon the Priviledges of the City that any that enjoys their Trade and Calling within the Good-Town and are Burgesses should treat the Magistrats at that rate that these Apothecaries does whereas they had never so much as an allowance nor could not meet on their pretended Fraternity unless it had been by the Magistrats tollerance so that it is most improper for them to call the Towns Priviledges in question Therefore it is Answered to the Petition 1. That whatever Acts or Decreets they may pretend to have in their favours separating the two Callings of Chyrurgery and Pharmacy and appointing distinct Tables the Magistrats were not concerned in these Decreets they not being called thereto and so was res inter alios acta as to them and whatever these Acts or Decreets may take amogst themselves yet that can never prejudge the Priviledges of the Good-Town 2. By the Sett which is the fundamental Constitution of the Burgh and by many Laws and Acts of Parliament it is expresly provided That there shall be made no Meetings within Burgh of any Society or Fraternity but by the Warrand and Authority of the Magistrats And if these Apothecaries who pretend to a Fraternity cannot so much as meet and conveen without License from the Magistrats far more has the Magistrats Power to name who shal proceed amongst them or Visitors who shal visit the Drugs in the Apothecaries Shops and appoint the method and way and manner thereof within the said Burgh 3. It is clear by the Patent granted to the Physicians that the Drugs are to be visited by an Chyrurgeon-Apothecary and an Apothecary so that the Magistrats and Town-Council having named Visitors conform to the Physicians Patent under the Great-Seal the samen can never be questioned as being done contrary to the pretended Priviledges but what the Good-Town is pleased to allow them 4. It is clear by several Acts of his Majesties privy Council one in November and another in January last posterior to all these foresaid Acts and Decreets which the Apothecaries founded upon whereby it is expresly ordained that the Drugs should be visited conform to the Physicians Patent and consequently it ought to be done by an Chyrurgeon-Apothecary and an Apothecary as is provided by the said Patent And albeit the last Act of Council mentions two Apothecaries to be present yet that can only be understood in the terms of the Patent seing that Act ordains expresly that the Visitation shal be made conform to the Patent And seing that by the Decreet separating the two Callings it is expresly provided that the Chyrurgeon-Apothecaries that was then in exercise of both Callings should continue in exercise of the samen during their lifetimes that the Magistrats Town-Council has appointed an Chyrurgeon-Apothecary who by the said Decreet has the liberty and freedom of exercising both Callings to be joined with an Apothecary for visiting the Drugs the said Nomination so deliberatly done by the Town-Council ought to be sustained and it is humbly expected of the Lords Justice that they would be tender of the Priviledges of the Good-Town and not to take from them that
which is their greatest Priviledge which they enjoy by the Sett and their ancient Rights and Golden-Charter granted to them by the Kings Majesties Royal Predecessors That no Society or Fraternity shall be allowed to meet within Burgh but whom the Magistrats and Town-Council should allow and that none shall proceed or conveen the said Fraternity nor be appointed Visitors but whom the Magistrats and Town-Council shall think fit For if it should be otherways sustained it would tend directly to overturn the fundamental and ancient Priviledges of the Burgh and therefore the desire of the Bill as being most groundless and insolent and impertinent ought to be refused Which Supplication and desire thereof and Answers above-written made thereto being all at length read heard seen and considered by the saids Lords The Lords of Council and Session in regard of the saids Magistrats and Town-Council their irregular Nomination of Visitors contrair to the saids Lords their former Act Do as of before pro hace vice Nominat and Appoint and hereby Nominats and Appoints John Fowlis Apothecary to be Visitor for Conveening the Fraternity of Apothecaries upon all occasions And have found and hereby finds that the Magistrats in time-coming ought to nominat one of these persons who sit and meet at the Table of Apothecaries to be Visitor of the said Fraternity Extractum de libris Actorum per me Sic subscribitur Geo MackenÈie Cler. Registr Follows the Ratification in favours of the Apothecaries of Edinburgh At Edinburgh the sixteenth day of June one thousand six hundred eighty and five years OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament Ratifies Approves and perpetually Confirms to and in favours of the Fraternity of Apothecaries within the Burgh of Edinburgh all Liberties Priviledges Immunities Seals of Cause or others whatsomever conceived in their favours or granted to them at any time whatsomever either by his Majesty or the Good-Town of Edinburgh And likewise all Decreets Acts Sentences in their favours either of his Majesties privy Council Lords of the Session or any other Judicatory within this Kingdom which are relative to their saids Privilidges and specially but prejudice of the generality of an Decreet of Declarator before the Lords dated the twenty fourth day of March one thousand six hundred and eighty two years Declaring That the Imployments of Chyrurgery and Pharmacy are distinct and that the samen should not be exercised by one person within the City of Edinburgh and Liberties thereof and all other Heads Articles and Interloquitors conceived in their favours contained in the said Decreet And likewise two several Acts of the Lords of Session one dated the twenty sixth day of March one thousand six hundred and eighty four years and the other the twenty fifth day of March one thousand six hundred and eighty five years whereby the saids Lords upon the Town of Edinburghs refusal did themselves nominat one who sits at the Table of the Apothecaries to be Visitor to their Fraternity and likewise found that the Magistrats of Edinburgh ought in all time-coming to nominat such a person to be their Visitor Extracted furth of the Records of Parliament by George Viscount of Tarbat Lord Mackleod and Castlehaven Clerk to his Majesties Parliament Council Registers and Rolls c. Sic subscribitur TARBAT Cler. Registr ACT in Favours of the Fraternity of the Apothecaries of Edinburgh AT Edinburgh the ninth Day of March one thousand six hundred and eighty six years anent the Supplication given in and presented to the Lords of Council and Session by the Fraternity of Apothecaries within the Burgh of Edinburgh Shewing that where the saids Lords by the Decreet of Declarator in the Petitioners favours upon very Rational and Important Considerations separate the two Callings of Chirurgery and Pharmacy and ordained in time coming the saids two Trades to sit at different Tables for making which Decreet effectual the Petitioners having thereafter applyed to the Magistrats and Town-Council of Edinburgh for the time that they might appoint a Visitor for conveening the Petitioners Fraternity which they having then refused the saids Lords did interpone their Authority by ordaining them to do the same and thereafter they having in an insolent manner to elude the saids Lords Sentence nominate an Chyrurgeon and an Apothecary to be joynt Visitors of the saids Petitioners Fraternity upon which the Petitioners did present a new Petition complaining of the said Deportment the said Lords were pleased upon Consideration of the Bill and Answers whereby it appeared that the Town of Edinburgh did refuse to give any Obedience to interpose their own Authority by appointing John Joissie to be sole Visitor for conveening the Fraternity of the Appothecaries for that year on all Occasions and did find by their Interloquitor that in time coming the Magistrats of Edinburgh ought to nominate on of these Persons who sit at the Table of Appothecaries Visitor of the Fraternity and notwithstanding of which Nomination and Deliverance in the Petitioners Favours they having for the next ensuing year again applyed to the Magistrats and Town-Council that they would nominat a Visitor of their own Fraternity and having for that effect given in a List of several Persons of their own number that they might choice they had so little regard to the saids Lords their former Ordination that for that year they did again proceed in manifest contempt and Derision of the saids Lords Authority to nominat an Chirurgeon and an Apothecary to be joynt Visitors of the Petitioners Fraternity which the saids Lords at the end of the last Session did so far resent that upon a new Petition given in by the Petitioners representing that the saids procedure did Nominat and appoint John Fowlis Apothecary to be Visitor for that year and found by their Interloquitor that in all time coming the Magistrats ought to nominate one who sits at the Apothecaries Table to be Visitor of the Fraternity and that the Nominations made by the Magistrats at that time were irregular as the several Acts therewith produced will testify and likewise in farder Testimony of the saids Lords Displeasure they did call in the Town Assessors for the time and did publickly censure them for giving such unreasonable Advice in Contempt of the saids Lords Sentences and although the Petitioners might now have expected that the Lords so frequent reiterated Ordinances would have met with very punctual Obedience yet now the third time they have proceeded to that pitch of Contempt and Disobedience to the saids Lords their Authority that the Petitioners having applyed for a Visitor for this ensuing year and conform to the saids Lords their Decreet and Ordinances and having given in a list for that effect they have conform to their former Custom again proceeded to Nominate an Apothecary and Chirurgeon to be Visitors of the Petitioners Fraternity which to the high and manifest contempt of the saids Lords Authority that tho' the Petitioners should be silent the
saids Lords are concerned to vindicate the same and to fall upon some expedient for the Future for making the saids Lords Decreets in the Petitioners Favours effectual and preventing such Incroachments upon the Petitioners priviledges that it may not be in the power of the Town of Edinburgh to reunite these two Trades which the saids Lords has separat by so solemn a Decreet which is all upon the matter as to assume to themselves the power of reducing the saids Lords Sentences and therefore humbly craving that the saids Lords would be pleased as they did for these two years preceeding to nominat pro hac vice one of the Petitioners own Fraternity conform to a Bill given in And likewise seing that every year the saids Lords met with this trouble and the Magistrats seem to be obstinate in their Disobedience to the saids Lords Decreet that therefore the saids Lords in time coming for preventing such trouble would allow the Petitioners to choice their own Visitor in all time comeing as in the said Supplication is at more length contained whilk Supplication and desire thereof being considered by the saids Lords they ordained the Magistrats of Edinburgh their Procurators to see the Petition and to answer there to against the next day thereafter peremptorie And the saids Magistrats of Edinburgh their Procurators having failÈied to give in Answers to the said Petition the saids Lords in respect thereof granted warrand to Macers to cite the Magistrats of Edinburgh to compear and answer to the Petiton above-written upon Tuesday next being the day and date of thir presents and appointed them this day to produee the Act mentioned in the foresaid Petition whereby they did Nominat an Apothecary and a Chyrurgeon Visitors of the Fraternity of Appothecaries for this year by vertue whereof upon the eight day of March instant William Maxwell one of the Macers before the Lords lawfully Cited the Provost Baillies Dean of Gild and Thesaurer of the said Burgh of Edinburgh present Magistrats thereof to Compear before the saids Lords this day bringing with them the foresaid Act in obedience whereunto compeared the saids Magistrats of Edinburgh in presence of the saids Lords by Sir John Lauder Advocat their Procurator who for them produced two Acts of Council the one whereof is dated the twenty sixth day of February last by past whereby the saids Magistrats of Edinburgh Elected and choised John Joisie Apothecary to be Visitor for this ensuing year for conveening of the said Fraternity of Apothecaries upon all occasions and the other of the saids Acts dated the third day of March instant whereby the saids Magistrats upon a Petition given in by the Chirurgeon Apothecaries of the said Burgh appointed David Pringle Chirurgeon Apothecary to be Visitor for the Chirurgeon Apothecaries for this ensuing year providing it be agreeable to the Lords Decreet and Acts made anent the Apothecaries and Chirugreon Apotheciares and the Patent granted by his Majestie to the Colledge of Physicians and no otherways as the saids two Acts bears which Supplication and desire thereof with the foresaids two Acts produced by the Magistrats of Edinburgh in obedience to the saids Lords their Ordinance above-exprest by the first of which they did nominat John Joisie Visitor and by the last David Pringle Chirurgeon Apothecarie Visitors for the Chirurgeon Apothecaries being all at length heard seen and considered by the saids Lords and they therewith being well and reaply advised The saids Lords have found and hereby finds the last Nomination of David Pringle to be void null and declares the samen to bear no Faith in Judgement nor out with the same in time coming and have appointed and hereby appoints John Joisie to be sole Visitor for conveening the Fraternity of Apothecaries this year at all Occasions and the saids Lords declare that if the Magistrats and Town Council of Edinburgh shall at any time hereafter contraveen the former Act by nameing a Chirurgeon Apothecary Visitor for the Fraternity of the saids Apothecaries yearly they will allow the saids Apothecaries to name their own Visitor in all time coming Extractum ex Libro actorum per me Sic Subscribitur TARBAT Clk. One other Act in Favours of the Fraternity of the Apothecaries of Edinburgh AT Edinburgh the Thirty day of June One thousand six hundred and eighty seven years anent the Petition given in and presented to the Lords of Council and Session by the Fraternity of Apothecaries within the Burgh of Edinburgh shewing that whereas the Lords after the Decreet of Separation of the two Callings of Pharmacy and Chirurgery did appoint them to sit at different Tables and likeways did appoint the Town of Edinburgh by several Acts and Deliverances to nominat one of their Fraternity to be Visitor oâ— the Calling the Town being so influenced by the Chirurgeon Apothecaries who are one of the Trades as always to Nominat one of their own Number to be their Visitor in manifest contempt of the Lords frequent and reiterated Acts which the Lords did find so unreasonable and inconsistent with the ends of the Sâ—paration that now for thâ—se five or six years last by past when the Town did nominat an Chirurgeon Apothecarie to be Visitor the Lords did most justly Rescind the said Nomination and every year since the said Separation in respect of their contumacy and disobedience did nominat one of the Petitioners number to be Visitors and by an Act in the Petitioners Favours in March One thousand six hundred and eighty six years the Lords did not only Rescind the Nomination of David Pringle and did nominat John Joisie in his place who is a simple Apothecarie to be Visitor of the Fraternity for the then ensuing year but likeways declared that if the Magistrats and Town Council of Edinburgh should at any time thereafter nominat an Chirurgeon Apothecary to be the Petitioners Visitor that they would devolve upon the Petitioners themselves the Nomination in all time coming of their own Visitor And likeways the Petitioners having applyed to the Lords in December last upon the Illegal Nomination of John Baillie and Mr. James Mackmath the Town of Edinburgh and the Chirurgeon Apothecaries did give in an Answer founded upon an Patent from His Majestie in their Favours taking off the said Decreet of Separation and reuniting the Trades and the Lords by their Deliverance after they were three or four times Ordained to produce the said Patent did at length in respect of their refuseal to produce the samen Discharge the two Persons then Nominat to Officiat and did appoint John Joisie to conveen who was formerly Nominat by the Lords until the expiring of the year for which he was Nominat and now the year being elapsed and the Petitioners having again applyed to the Town Council and gave in a List of these of the Petitioners Fraternity the Magistrats by their Deliverance have not only refused the Desire of the Bill in respect of the Patent granted in Favours
of the Chirurgeon Apothecaries but have appointed the two persons whom the Lords formerly discharged to Officiat to be again received viz. John Baillie and Mr. James Mackmath And therefore humbly craving that seing the Lords by their Deliverance in March one thousand six hundred and eighty six years declared if the Town-Council would proceed to nominat an Chyrurgeon-Apothecary to be the Petitioners Visitor in time-coming the Lords would allow the Petitioners to nominat their own Visitor and likewise they have refused to produce their Patent to the Lords in December last though they founded their Answers thereupon to the Petitioners Petition that therefore the Lords would be pleased upon the Considerations foresaid in the first place to discharge John Baillie Mr. James Mackmath to Officiat in the said Office as the saids Lords did formerly in December last and to Nominat one of the Petitioners number according to the List given in or to free the Lords of this perpetual trouble that the Lords would allow the Petitioners the Nomination of their own Visitor in all time-coming as the saids Lords declared by their Deliverance in March one thousand six hundred and eighty six years Whilk Petition and desire thereof being read in Audience of the saids Lords and they being therewith well and 〈◊〉 â—â—vised The Lords of Council and Session have discharged and hereby discharges 〈…〉 â—â—â—sons Nominat Visitors by the Town-Council of Edinburgh to Officiat and have Nomâ—â—â—â—â—â— and Appointed and hereby Nominats and Appoints Hugh Neilson to be Visitor of the 〈…〉 â—â—â—ternity of the Apothecaries for this year Extractum ex libro actorum per me sic subscâ—â—bitur Al Gibson One other Act in Favours of the Fraternity of Apothecaries of Edinburgh AT Edinburgh the Ninteen day of July 1683 years Anent the Petition given in and presented to the Lords of Council and Session be the Fraternity of the Apothecaries within the Burgh of Edinburgh Shewing that whereas the Lords having by their Decreet several years ago upon very rational and Important Grounds separat the two Callings of Pharmacy and Chyrurgerie and for makeing the said Separation effectual did appoint them to Sit at two different Tables and the Lords having afterwards appointed the Town of Edinburgh by several Acts and diliverances to nominat one of their Fraternity to be Visitor of the Calling and the Town having always complyed with the Chyrurgeon-Apothecaries who are one of their Trads to nominat one of their Number to be Visitors to the Apothecaries which the Lord did find so unreasonable and Inconsistent with the ends of the separation that now for these four years by past when they did nominat an Chyrurgeon-Apothecarie the Lords did most justly rescind the said Nomination and in respect of their Contimacie and disobedience did themselves nominat ane simple Apothecarie for these several years by past and did so far resent the disobedience that in March 1685 years Sir Patrick Hume the Towns Assessor for the time was called in before the Lords and publickly rebuked for giving the Town so unreasonable an advice and particularlie in March 1686 years the Lords by their Act in the Apothecaries favours which is produced in Proces sand that the Nomination of David Pringle a Chyrurgeon-Apothecarie was void and null and in his place appoint John Joisie a simple Apothecarie to be sole Visitor for that year and farder declared that if the Magistrats and Town Council of Edinburgh should at an time thereafter nominate ane Chyrurgeon-Apothecarie to be Visitor of the Apothecaries Fraternity that the Lords would allow the Petitioners to name their own Visitor in all time coming likeas the Town Council of Edinburgh having in December 1686 years upon pretence of a Patent lately obtained from his Majesty in favours of the Chyrurgeons-Apothecaries taken upon them to Nominat a Visitor to the Petitioners Fraternity notwithstanding that John Joisie was at the time Visitor be the Lords own appointment and that this year was not expired the Lords were pleased by their Interloquitor upon the eighteen of December the said year to Discharge the Visitor appointed be the Town Council and to continue the said John Joisie Visitor of the Petitioners Fraternity until the expiring of the year for which he was nominat by the Lords And farder in Anno 1687 the Petitioners did apply to the Town Council to nominat a Visitor which they having delayed the Petitioners were necessitat again to mean themselves to the Lords and after hearing all the answers given in by the Town Council the Lords did appoint Hugh Nilson to be Visitor for that year as is evident by the Act produced in Proces and now the Petitioners having again applyed to the Magistrats and Town Council to appoint a Visitor to the Petitioners Fraternity for this year they have after their usual manner delayed to give any answer and since the Petitioners have no otherways of Redress against so frequent and reiterated Acts of contempt and disobedience to the Lords Authority and incroachments upon just Priviledges but to make a new Complaint and Representation of the saids abuses and therefore humbly Craving the Lords would consider the former Acts for these several years by past and particularly that in March 1686 whereby the Lords nominate John Joisie for that year and declaired that if the Town did nominat in any time thereafter a Chyrurgeon-Apothecarie that the Lords would allow the Petitioners to choise and nominat their own Visitor as the last Act in June 1687. appointing Hugh Neilson to be Visitor for that year ensueing and to save the Lords from all furder trouble to declair that in all time coming that the Petitioners shall have liberty to Choise and nominat their own Visitor as in the said Petition at more length is conteained whilk Petition being Read in Audience of the saids Lords they ordained the Procurators of the Town of Edinburgh to see the said Petition and answer the same the next day peremptorie according whereinto the Procurators of the said Town of Edinburgh having got up the Petition to see they reproduced the samen and gave in the answers 〈…〉 as follows viz. It is answered that their being a Petition given in to the Town â—â—â—â—cil of Edinburgh by the simple Apothecaries the beginning of this Moneth of July â—â—ving that the Magistrats would nominat one of their Number to be Visitor for this enâ—â—eing year the Town Council of Edinburgh did most warrantably and Moderatly carie â—â—erein by ordaining the Chyrurgeon-Apothecaries to see and answer the foresaid Petition â—ut before their answers could be given or the Magistrats could medle with it the Convenâ—â—on of Burrows and the Lord Provost his going to Court so Interveened that the Town Council could give no answer to the foresaid Petition while that now after mature deliberation and takeing his Majesties Royal Gift restoring the Chyrurgeon-Apothecaries to their former Priviledges notwithstanding of ane previous Decreet of Separation with a Letter from the Secretary of State direct to the Lord High Chancellour bearing his Majesties Inclinations that his Lordship and the President of the Session should consider both Patents Decreets of Separation and all other differences betwixt the Physitians Chyrurgeons-Apothecaries and simple Apothecaries that the same Might be reported to his sacred Majestie and the determination might be made by his Majestie as might end these Debats betwixt them and in the mean time Stopping all Process relating thereunto until his Majesties further pleasure should be known therein they have upon such unquarrellable grounds and his sacred Majesties Pleasure and Command so often repeated to them declared that they can do no Deed prejudicial thereto until the will of the said Letter be fulfilled or the new Gift in favours of the Chyrurgeon Apothecaries be reduced as the Double of the said Letter from the Secretary of State direct to the Lord High Chancellor with the double of the simple Apothecaries Petition to the Town Council of Edinburgh and their Deliverance on the back thereof produced testified by all which it appears that the Magistrats of Edinburgh have not been in mora as is falsly suggested but they as all their Predecessors have still given ready Obedience to his Majesties Commands and did not think it fit after so full and ample a Gift to such a distinct clear Letter to meddle with either Parties therein but the Truth is this Affair is managed by a Company of some head-strong People who make it their Business to creatâ— Division and make Parties in all the Societies and Incorporations of the Town and who being sworn Burgesses thereto for which calumnious Petitions as they have given in these several years bygone against the Magistrats of Edinburgh their Patrons they ought not only to be severly punished therefore but in all time coming be discharged to give in such Petitions or at least while the Lords gave their final Sentence in the whole matter as his Majesty requires otherways this may be an incouragement to the meanest Inhabitant of the Town to misrepresent the Magistrats who are acting and doing nothing but by his Majesties Command especially seing the whole Affair is managed but by two or three discontented Apothecaries the major part refusing to comply therein as the said Answers bears which Petition and Answers made thereto being all at length heard read seen and considered by the saids Lords and the Copy of the Secretaries Letter given in theirwith they therewith being well ripely advised The Lords of Council and Session have Nominat and Appointed and thereby nominats and appoints John Joisie simple Apothecary Visitor to the Fraternity of Apothecaries for that ensuing year Extractum de libro actorum per me Sic subscribitur Al. Gibson