to the Council of the Good Town did desire that they would make choice of others to be their Captains and to Supplie their other Offices and Places of that sort and that the Chirurgeons might be Free thereof in all time coming and that they might have the full Imployment and peaceable Possession of all their several Rights Priviledges Immunities and Exemptions granted and Ratified to them and Ratified in manner above-mentioned The said Council of the Good Town of Edinburgh having taken the said Supplication to their consideration did find the samen Just and Reasonable and necessar for the Good of the Leidges and for the Incouragement of the Chirurgeons to the due Tyes of their Callings and therefore did grant to the saids Chirurgeons Free-men of the said Burgh of Edinburgh and their Successors in that Calling that they should be free of all the Offices or any Charge of that kind in all time coming As also that they should have the full Imployment and peaceable Possession of all their other several Rights Privilidges Immunities and Exemptions granted or Ratified to them by the Kings Queens and Parliaments of this said antient Kingdom of Scotland or by the Good Town heretofore in their Favours within the said Good Burgh of Edinburgh or Liberties thereof of whatsomever Date or Dates as if the samen had been Repeated and specially Insert in the said Act and that for them and their Successors Chirurgeons Free-men of the said Burgh in all time coming And did Statue and Ordain that none should Molest them thereintil nor prejudge them of the same in time coming under the Pains and Penalties notwithstanding of any Acts practices or any other thing else to the contrair as the said Act at more length bears Likeas in an Court of Justiciary of the said Kingdom of Scotland holden within the said Burgh of Edinburgh upon the ninth day of March 1674 years by the Right Trustie and well beloved Cousin and Counsellor John Earl of Athole now Marquiss of Athole His Majesties Justice-General of the said Kingdom for the time and Sir James Foulis of Collingtoun Knight Sir Robert Nairn of Strathurd Knight Sir John Baird of Newbyth Knight and Sir Thomas Wallace of Craigie Knight Lords Commissioners of Justiciary John Joissie Deacon of the Chirurgeons of the said Burgh of Edinburgh for the time for himself and in Name behalf of the remanent Members of the Chirurgeons and Chirurgeon Apothecarie within the said Burgh of Edinburgh did present a Petition shewing that notwithstanding of the manifold Liberties Priviledges Immunities Exemptions granted to the said Incorporation of the Chirurgeons in manner above-written Exeemand them from passing upon Assizes and Inquisits Criminal and Civil yet nevertheless several Members of the said Incorporation were daily troubled and molested by the Officers of the Court of Justiciary and Summonds to compear upon Sizes without respect to their exemptions as the said Petition at more length bears The said Lord justice general and Lords Commissioners of Justiciarie having considered the foresaid Petition together with the several rights Exemptions and Ratifications produced for instructing thereof did discharge all Messengers at Arms Macers of Court of Justiciary and other Officers whatsomever from Citing and Summonding of any of the Cherurgeons of the said Burgh of Edinburgh to pass upon Assizes and Inquests in Actions Criminal in time coming and that conform to their Gifts and Rights above specified as an Act of adjournal made thereanent in favours of the saids Cherurgeons more fully bears and sicklike in an other Court of Justiciary holden within the said Burgh of Edinburgh by the said Sir James Foulis Sir Robert Nairn Sir John Lockhart of Castle-hill Sir John Baird and Sir Thomas Wallace above designed Lords Commissioners of Justiciary upon the 29 day of July 1674 years anent criminal Letters raised used and execute at the instance of Margaret Dalmahoy Relict of the deceast James Raâ—stone Glasier in the Cannongate James Margaret Kathrine Agnes and Helen Ralstone his children for themselves and in name and behalf of the remnant Kin and Friends of the said Defunct and his Majesties Trustee Counseller Sir John Nisbet of Dirltoun Knight then His Majesties Advocat for his Highness interest in that matter and William Mason Mason in the Cannongate then Prisoner in the Tolbooth of Edinburgh divers and sundry of the Freemen Cherurgeons of the said Burgh of Edinburgh being called to give their opinion whether the said deceast James Ralstone did die of wounds mentioned in the saids other criminal Letters and they having given in their opinion in Write thereanent it was alleged by the Advocats for the Pursuers that no respect could be had to the foresaid report unless the saids Cherurgeons were compearing personally and Deponing thereanent and therefor craved that the saids Chyrurgeons might be unlawed for their absence unto which it was answered that the Chyrurgeons could not be unlawed nor forced to Depone nor give their Oath anent their opinion they being jurati magistri and so the Oath given at their admission behoved to have credit as to what concerned the skill and faithfull discharge of their Employment the Lords Commissioners of Justiciary having considered the Premisses in respect that the Chyrurgeons cited in that case were not cited as Witnesses to the Fact but to give their opinion upon the quality of the wounds and therefore by their Interloquitor refuse to unlaw and amerciat the absent Chyrurgeons as in the Decreet and Proces led and deduced thereanent and extracted under the Signe and Superscription Manual of Mr. Robert Martine Clerk to the said justice Court at more length is contained and farder His Majestie and Estates of Parliament of this ancient Kingdom of Scotland being conveened in Anno 1670 years and taking to their consideration that the Art of Chirurgerie is an ancient worthy and free Art most necessary for the healths and Lives of the Subjects and that the said Incorporation of the Chirurgeons and Barbours of the said Burgh of Edinburgh are an able and famous incorporation whereby the Leidges have found large experience to their great advantage both in time of Peace and War and that Pharmacie is an ancient free and necessary Art for the health of the Leidges and that the Brotherhood of the Apothecary and Cherurgeon Apothecaries of the Burgh of Edinburgh are an able and famous Brotherhood and have given good proof thereof Therefore and for certain other good causes and considerations his Majestie and the Estates of Parliament by an Act of Parliament dated the 22 day of August 1670 years ratified and approved and for his Majestie and his Successors with advice and consent of the Estates of Parliament perpetually confirmed the whole Acts Gifts Grants Rights Priviledges Liberties Immunities above and after mentioned to wit the said Act made given and granted by the said Provost Baillies and Council of the Burgh of Edinburgh under their common Seal of cause to and in favours of the Chirurgeons and Barbours of
Deacon officier and others not only apprehend any of the saids Defenders if they can take them flagranti delicto but that they may also cause cite them before the saids Provost Baillies and Town Council of Edinburgh or other Magistrats thereof for contraveening any of the foresaids Priviledges Liberties Freedoms and others above-written and refer the Contraventions foresaid to the Oaths of the said simple Apothecaries and others Contraveeners and Defenders above nominat if the said Pursuers think fit or to use all other manner of Probation against the said Defenders and Contraveenrrs foresaids pro ut de jure and it ought and should be found and declared that the saids Defenders and all others concerned shall be holden bound and oblidged to depone upon all the matters of Fact that shall be particularly referred to their said Oaths in their respective Pursuits that shall be intented for the Contraventions before the said Magistrats of Edinburgh and al 's it ought and should be found and declared that the Provost Baillies and Council of Edinburgh are the only Judges competent in the first instance to the saids Pursuits to be intented against all Contraveeners for contraveening any of the saids Pursuers Priviledges above-specified and to discuss the same Summarly according to the Custom of Burgh And the Pursuers thier contraverted Practice in vindicating the Priviledges but also the saids Defenders above-mentioned and all other Unfreemen Gardiners Women and others whatsoever ought and should be decerned by Decreet of the saids Lords of Council and Session to desist and cease from all using and practiseing and exerciseing of any Point Part or Prctaice belonging to the saids Pursuers and ought and should be discharged by Decreet foresaid from taking upon them to Use Exerce or Enjoy any of the Rights Liberties Priviledges Immunities and Exemptions given and granted to the saids Pursuers and properly belonging to them and their Successors after the form and Tenor of the saids Acts Seals of Causes Ratifications Exemptions Gifts Grants Acts of Parliament Decreets and other Writs particularly and generally above-mentioned in all Points as is alledged as the said last Summonds and Execution thereof likewise more fully bears the said Mr. James Nisbet for himself and in Name and behalf of the remnanent Brethren of his said Trade pursuers of the foresaid Lybel as likewise pursuers in the foresaid Action of Declarator raised at their instance and Defenders in the other Acton raised against them Compearing be Sir George MackenÈie his Majesties Advocat Sir John Lauder Mr. Colen MackenÈie his Majesties Advocats their Procurators who for instructing the foresaid libel produced in presence of the saids Lords ane Condescendence made by the Chirurgeons upon the several acts of Contraventions done by the said Patrick Cunninghame whereby he had usurped upon the priviledges only belonging to the free-men Masters of the Art and Trade of Chyrurgery within the said Burgh and Liberties thereof 1. The said Patrick Cunninghame within this half year or thereby did cure Barbara Hastie daughter to umquhil Heastie Stabler in Edinburgh of an broken Head by applying Plasters thereto and otherways 2. The said Patrick Cunninghame did open an Vein to and let Blood of the Lady Lee younger within these five or six Months or thereby 3. The said Patrick Cunninghame applyed Plasters to the said Lady Lee her Arme the same being strained or hurt by some Accident or other at or about the time foresaid 4. The said Patrick Cunninghame opened an Vein to and let Blood of _____ Servitrix to the said Lady Lee within five or six Months or thereby 5. The said Patrick Cunninghame opened a Vein to and let Blood of the Earl of Carnwath and applyed Lochletches one or moe and Cauters one or moe to the said Earl within the space of three years or thereby 6. The said Patrick Cunninghame opened a Vein to and let Blood of _____ Semple daughter to umquhil John Semple of Balgone and applyed two Couters to her within the space of this half year or thereby 7. The said Patrick Cunninghame did frequently pance and dress _____ within the house of _____ at the head of the Cannongate who had a wound in his Breast within these three or four yeass or thereby 8. The said Patrick did apply several Plaisters and that frequently to umquhil William Cunninghame elder Merchant in Edinburgh his fore-foot within these three years or thereby the said Patrick Cunninghame opened an Vein to and let Blood of umquhile Henry Cunninghame and his Spouse and applyed Couters Plasters and Oyntments to them within these three years or thereby as the said Condescendence extent in process more fully bears as also for verefying and instructing the Points and Articles of the foresaids Summonds of Declarator and the Rights of priviledges of the said Incorporation adduced in presence of the saids Lords the particular Writs under-written conform to an Inventar thereof whereof the Tenor follows viz. The Seal of Cause dated the 1. of July 1505 erecting the Chyrurgeons into an Incorporation under the Town of Edinburgh their Seal of Cause Item Letters of Ratification thereof by King James the Fourth under his Privy Seal dated the 13 day of October 1506 years Item Letters of Exemption by Queen Mary under her Privy Seal dated 13 May 1567. years Item Signatur by King James the 6th subscribed by the Lords of Thesaury ordaining an Letter of Ratification to the above-written Rights to be exped under his Privy Seal dated 6 June 1613 years Item the Ratification following thereupon by King James the 6th under his Privy Seal dated the 6 of June 1613 years foresaid Item An Act of the Council of Edinburgh in favours of the Chyrurgeons dated 10 of September 1641 years Item An Ratification in Parliament of the above-written Rights in favours of the Chyrurgeons dated the 17 day of November 1641 years Item An other Act of the Council of Edinburgh in favours of the Chyrurgeons dated the 8 of December 1643 years Item An other Act of the Council of Edinburgh against unfree-men in the Cannongate Leith and other Suburbs dated the 20 of April 1649 years Item An other Act of the Council of Edinb against the Barbers in the Cannongate dated the 27 of June 1649 years Item An other Act of the Council of Edinburgh against the Barbers in the Cannongate dated 18 day of July 1649 years Item An Act of the Council of the Cannongate against their Barbers there dated 22 day of August 1649 years Item an Act of the Council of Edinburgh against the Unfreemen in the Cannongate dated 12 day of August 1649 years Item Two Acts of the Council of the Cannongate against Unfreemen there the one dated the 2d of August 1649 the other dated the 7 of September 1649 years both upon one Parchment Item An Act of the Council of the Cannongate in favours of the Apprentices of Barbers there dated 10 of Feb. 1654 years An Act and Decreet of the Council of Edinburgh in favours of the
Liberties thereof as to which Bounds this Declarator extends and no furder Thereafter there was an Supplication given in to the saids Lords at the instance of the said Chyrurgeon Apothecaries with the concurse of all the other fourteen Deacons shewing That where King James the sixth of Blessed Memory having debarred all Tradesmen from the Magistracy in which the Petitioners had then an equal share He did in recompense thereof allow the Petitioners the Benefit of Gildry by vertue where of it was free for the saids Petitioners or any of them who were comprehended in any maner of way under the fourteen Deaconries to be free not only to keep Shops as Gild-Brethren but likeways to exerce any of these Trades which were pendicles of the Gildrie And it cannot be denyed but that the Apothecary Trade was not comprehended under any of the fourteen Deaconries but was simply a pendicle of the Gildrie and consequently any of the fourteen Deaconries were free to be of it to which the Petitioners desired a Spesifick and formal Answer it never having been answered yet in these Processes and all that the Petitioners heard insinuated as an answer being that the Apothecaries Trade is not a meer selling but a Compounding of Druggs which Composition is no part of the Gildrie To which the Petitioners reply is that this is a mistake in the Fundamental Constitutâ—â—n of this Burgh whereby even the compounding of Drugs is no part of the fourteen Deac nries and consequently as before the year 1657 any man whatsomever might have been without tryal set up to compound Druggs if he was Burges so after the year 1657 all the priviledges given to the Apothecaries was only that none should exerce their Trade till they were found able by the Chyrurgeon Apothecaries and Apothecaries and therefore if that the Chyrurgeon Apothecaries can show that they were sufficiently able to understand their Trade why may not they be admitted al 's well as any other Burgesses since no Burges can be debarred that being his Birthright by the set and to press that they may be free of all the Supplicants Trade as they are of theirs was expresly contrair to the foundamental Constitutions of this Burgh who by no means can be free in any of the fourteen Deaconries but these who have either served in an Apprentiship to any of them or have married one of their Daughters when they have gotten a sufficient Answer to that point never as yet answered then it will be time to Debate whether the Apprentice which the Petitioners have received and may receive during our Lifetimes ought to be free of both Trades their being jus quaesitum to the Petitioners them thereto prior to this Decision and all statutes such as this of the saids Lords seems to be having only tractum futuri temporis though made by a Parliament especially when they are correctory of Priviledges bona fide acquired prior thereto and the Petitioners being admitted to both Fraternities in both which the Petitioners have given their Oaths de fideli and by their Constitution there can be no meeting except where the two Visitors are present and one of the Chyrurgeon Apothecaries must be Visitor So that either they must have a new Erection which the Petitioners humbly conceive none can give them but the Magistrats of Edinburgh or else the Petitioners must of necessity be present with them and the Petitioners humbly craved that the Apothecaries Advocats would show us which way and by what Arguments any Society could meet in Edinburgh without an Erection from the King or the Town or how men that have a Priviledge and are in Possession of it can be deprived and forfeited without a Fault As also how the Petitioners Apprentices who have payed in their Prentice-fees in Contemplation of both Trades before the saids Lords their Act can Forfeit their Fault upon which and several other Points never yet debated before the Lords The Petitioners desires to be heard in the saids Lords their own Presence which was never refused to any Subject whose Cause was once heard in presentia as the said Supplication and desire thereof more fully bears To which it was answered for the Apothecaries and Chyrurgeon Barbers viz. That neither the tumultary Caballs of the Trades nor the tumultuary Petitions which are given in name of the hail Trades tho' thirteen of them are not in the least concerned ought to have no other influence upon the Losds but to deserve a Censure and Reprimand that after they have taken so much pâ—ins and trouble and has determined the point upon unanswerable Grounds of Law and Reason with all possible Tenderness and Allowance to the present Chyrurgeon Apothecaries They should in an indiscreet Way and Manner Caball and run up and down and amuse ignorant people with Stories of Government and Priviledges which is not in the least concerned The case being a single Debase of privat Rights and a Controversy betwixt the Apothecaries and Chyrurgeons which is no other but directly the same with the Debates and Controversies which have and may arise betwixt other Trades And as to the Prentices in the Petition That the Apothecaries are none of the Pendicles of the fourteen Deaconries and that any Gild-Brother might have exerced the Employment of an Apothecary before the Erection in a Fraternity and may do the same since their undergoing the Tryal and being Qualified It was answered the Interlocutor is opponed and Grounds whereupon it proceeded and the Petitioners do strangely forget themselves if they disremember that the said Pretence was both Founded upon in the Declarator and fully answered and satisfied And again to refresh their Memory the Answer then made was that albeit the Decreet Arbitral pronounced by His Majesties Grandfather King James the Sixth had settled the fourteen Deaconries in order to the Government of the Burgh and that the Apothecaries were none of these Deaconries yet without the least impinging upon the Decreet Arbitral it was lawful and competent to the Apothecaries to crave by their Declarator that Pharmacy and Chyrurgery might be declared distinct Employments and separately exercised as such just as the several Pendicles of one and the same Deaconry might pursue a Declarator of this nature against the other As for Instance if the Bakers of Pyes should transgress and bake Loaves which is a distinct Employment though belonging to the same Deaconry or if a Lock-smith should pursue a Black-smith if he should use both Trades though under the same Deaconry of Hammermen and fourty others which might be instanced by which the saids Lords may plainly perceive that the Decreet Arbitral or the Settlement of the fourteen Deaconries is not in the least concerned and besides it is certain and undenyable that the Chyrurgeon-Apothecaries are none of the fourteen Deaconries or so much as mentioned in the Sett but only the simple Chyrurgeons the most part of whom do concur with the simple Apothecaries in the foresaid Declarator And as to
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
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