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
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
if the samen had never been Made Given nor Granted in rerum natura and whilk Acts Ratifications and others above-writen being sua Reduced the saids Defenders to hear and see it by Decreet of the saids Lords found and declaired that it shall be no ways lawful for them to molest and trouble the Pursuers or their Successors in the free exercising of their Calling and Imployments as Appothecaries as they presently are and formerly have been in use of Exercising of the samen until the saids Lords shall by the Advice and Counsel of dis-interested Learned and able Physicians and with a due regard to the Interest of the Subjects in their Decreeâ—â—o follow hereupon prescrive Rules and Orders for the Regulation and distinguishing of these two Callings of Appothecaries and Chirurgeons as the saids Lords shall in Justice and by Advice foresaid think most fit and proper for the â—ealth ease and conveniency of the Subjects and due Incouragement Preservation and â—â—â—roving of that so Noble and necessary Faculty of Medicine in all the parts and Branches â—â—theof in due and beseeming Order within this antient Kingdom and which two Callings of Appothecary and Chirurgery being sua distinguished by the saids Lords as said is all such Appothecaries and Chirurgeons who take upon them to use and confound both Callings whilk as yet undistinguishbd to hear and see themselves Decerned and Restricted to make their Choice and Election which of the saids two Callings they will practise and Exercise in time coming and to hear and see themselves Decerned lyable to observe the Rules and Orders sua to be prescrived either as simple Chirurgeons or simple Appothecaries without confusion of the two Callings in one as shall be Determined by the saids Lords thereintil and also to hear and see it found and declared that it shall not be lawful nor competent upon any contravention of the saids Rules to trouble or molest the Members of either Calling except they be taken in the Act of Contravention per manus injectionem in crimine flagranti as is allowed to and practised by other Trades and Incorporations allenarly and that it shall not be lawful for to Force Parties to give their Oaths for any such alledged Contraventions and to have heard and seen it found and declared that the Defenders have done Wrong to molest and trouble Patrick Cunninghame one of the Pursuers above-named in withdrawing him from his necessary Employment and attendance upon his Patients His Majesties good Subjects by requiring him to attend a Law suit for giving of his Oath upon pretence of his contraveening the alledged Priviledges of the Chirurgeons not as yet by His Majestie or the saids Lords upon a full hearing of all Parties concerned cleared settled or determined and to hear and see themselves decerned to desist and cease from all farder troubling of the said Patrick or any other free men Appothecaries within the said Burgh of Edinburgh for giving of their Oaths upon any sicklike account in all time coming and that for the Reasons and Causes above-written as the said Summonds of Reduction and Declarator more fully bears and the other of the saids Summonds at the instance of the said Doctor James Nisbet then deacon of the Incorporation of the saids Cherurgeons Alexander Pennycook Thomas Kincaid James Cleiland Walter Turnbulls John Joyssie William Borthwick and George Stirling then Masters of the said Incorporation and Thomas Henderson present Box master of the samen for themselves and in name and behalf of the remnant Brethren and Freemen of the Cherurgeons and Barbars of Edinburgh their instances Against the whole Apothecaries and others unfreemen in the said Burgh of Edinburgh viz. John Kennedy Appothecary there John Foulis elder Appothecary there Robert Campbel Appothecary there John Hepburn Appothecary there Mr. James Mackmath Apothecary there Hugh Neilson Arpothecary there James Aikenhead Appothecary there James Loudoun Apothecary there Patrick Cunninghame Appothecary there Mr. Alexander Hap Appothecary there John Foulis younger Appothecary there Thomas Dalrymple Appothecary there Walter Porterfield Appothecary in the Cannongate George Mackalla Apothecary in Leith Edward Cunninghame Periwig-maker in Leith James Robertson Barbar there John Broun Garidner in the Abbacy of Holy-rood-house Andrew Jackson Gairdner at the West Port James Hughson Gairdner at the Pleasance and George Bell Cherurgeon in Edinburgh Euphan Bartine and John Biglie her Spouse indwellers in Edinburgh the which Summonds makâ—th mention that where the Lord Provost Baillies and Council of the said Burgh of Edinburgh by their Seal of Cause under their common Seal of the date at Edinburgh the 1. day of the Moneth of July and year of GOD 1505 years for the good and onerous Causes therein mentioned did gift and grant to the Cherurgeons and Barbars within the said Burgh of Edinburgh for the time being and to their Successors the Rules Statutes and Priviledges under-written consonant to reason known to His Majestie His Highnesses Pregenitors of glorious and worthty Memory and to the profit of the said good Town of Edinburgh and all his Majesties Subjects and Leidges viz Imprimis That the saids Cherurgeons might yearly choise amongst themselves an Kirk master or Deacon and Oversman to whom the whole Brethren of their Craft should obey for that year Item That no manner of person should occupie or use any points of the saids Crafts of Cherurgery or Barbour Crafts within the said Burgh of Edinburgh but he that bees first an Burges and Freeman of the said Craft and that he be worthy and expert io all the points belonging to the said Craft diligently and advisedly examined and Admitted by the Masters of the said Craft for serving of his Majesties Leidges and Neighbours of the said good Town and al 's that every Freeman who is to be made a Freeman and Master amongst the saids Cherurgeons should be examined and proved in thir points following that is to say That he knew Anatomia Nature and Complection and every member of humane Body and likeways than he knew all the Veins of the samen that he may make Phlebotomie in due time and al 's that he knew in whilk member the sign has Dominion for the time in respect every man ought to know the substance and nature of every thing he works unless he be negligent and al 's that the saids Chirurgeons and their saids Successors should have once in the year an condemned man after he be dead to make an Anatomia of wherethrough they might have Experience ilk one to instruct another and that none within the said Burgh haunt use nor exerce the Craft of Chirurgery without he be expert and know perfectly the things above-written and what person that should happen to be Admitted Freeman or Masters to the saids Crafts or should occupy any point of the samen should pay his Upset at his Entry with an Dinner to the Masters of the saids Crafts at his Admission and entry amongst them exceptand every Freeman Master of the saids Crafts one of
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
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
Decreet of Separation The Apothecaries of Edinburgh Against The Chyrurgeons there AT Edinburgh the 24th day of March 1682 years Anent the Libel first intented and pursued before the Provost and Baillies of Edinburgh and thereafter Advocat of consent of both Parties Procurators after-named to the Lords of Council and Session and which Summonds is raised at the instance of Mr. James Nisbet then Deacon of Chyrurgeons of Edinburgh and in name and behalf of the remanent Brethren and Friends Chyrurgeons and Barbers of the said Burgh against Patrick Cunninghame Apothecary in the said Burgh Touching the said Defender his hearing and seeing of himself Unlawed and Fined by Decreet of the saids Baillies for his alledged Operating in Chyrurgery he not being a Freeman of that Trade and Calling as in the said Libel Summonds or Precept raised in the said Matter at more length is contained As also anent the two mutual Summonds and Actions of Declarator raised and pursued before the saids Lords the one thereof being al 's well an Action of Reduction as Declarator at the instance of the said Patrick Cunninghame and haill Freemen Apothecaries in the said Burgh Viz. John Kennedy Visitor James Foulis elder Robert Campbell Hugh Neilson Thomas Dalrymple John Hepburn James Aikenhead John Foulis younger Mr. Alexander Hay Mr. James Macmath James Lothian Freemen Apothecaries Burgesses Gild-brethren of the said Burgh of Edinburgh lawfully entered admitted received to whose great hurt and prejudice in the free Exercise of their Imployment as Apothecaries the Acts Ratifications and other Writs after-mentioned are alledged purchas'd and procured at the least are made use of by the saids Chyrurgions against the saids Apothecaries to the prejudice of the just Priviledges of their Imployment as Apothecaries and their assiduous attendance upon the Kings Subjects their Patients in their saids Imployments as for the Health of his Majesties Subjects is requisite and swa having good and undoubted Right to Pursue the Action of Reduction and Declarttor underwritten against the said Mr. James Nisbet present Deacon of the Chyrungeons Alexander Pennicook John Forrest George Scot James Hopkiâ—k William Semple Robert Kennedy Thomas Scot James Cleiland Thomas Edgar John Carmichael and Peter Norie simple Chyrurgeons and Chyrurgeon Barbers in the said Burgh And sicklike Thomas Kincaid William Borthwick John Joissie Hugh Broun George Stirling David Pringle James Ogilvie Walter Turnbull and James Crawfoord Apocary-Chyrurgeons in the said Burgh and al 's against Sir Thomas Murray of Glendoick then Clerk Register and Mr. Alexander Gibson of Adistoun his Deput and the Provost Baillies and Town-Council of the said Burgh of Fainburgh and Mr. James Rockheid of Innerleith their Town Clerk for their Interests and all others having or pretending to have Interest in the said matter under-written Toutching the said Chyrurgeons and others Defenders in the foresaid Action their bringing with them exhibiting and producing before the saids Lords of Council and Session Imprimis An Ratification alledged past by the pretended Parliament 1641 years whereby certain Priviledges Writs and Rights are alledged ratified to and in favours of the Chyrurgeons of Edinburgh particularly giving them Power to take apprehend and imprison unfreemen Contraveeners of their Priviledges ay and while they enact themselves under the pain 20 pounds Scots toties quoties which Ratification is dated the _____ day of _____ one thousand six hundred and fourty one years foresaid Item An Act of the Town-Council of Edinburgh of the date the _____ day of _____ one thousand six hundred and fourty three years Wherein the applying of Cere-Cloaths are decerned properly to belong to the Chyrurgeons Item Another Act of Town-Council of Edinburgh dated the _____ day of _____ 1655. Whereby the several Distempers therein enumerat in the whole Cure and Accidents of the samine are allowed to Chyrurgeons allenarly Item An Act and Ratification past in favours of the Chyrurgeons in his Majesties late Parliament 1670 years or of whatsoever dates tenor or contents the samine are of to be seen and considered by the saids Lords and to have heard and seen the samine reduced retreated rescinded cassed annulled and decerned and declared to have been from the beginning to be now and in all time-coming null and of none avail force strength nor effect with all that has followed or may follow thereupon and the saids Pursuers reponed and restored in integrum there-against cum omni causa sicklike as if the samine had never been made given nor granted in return natura And whilks Acts Ratifications and others above-written being swa reduced the said Defenders to hear and see it by Decreet of the saids Lords found and declared that it shall be no ways lawful for them to molest and trouble the Pursuers or their Successors in the free exercise of their Calling and Imployments as Apothecaries as they questionably are and formerly have been in use of exercising the samine until the saids Lords shall by the advice and council of disinterested learned and capable Physicians and with a due regard to the Interest of his Majesties Subjects shall in their Decreet to follow thereupon prescrive such Rules and Orders for the regulation and distinguishing of the said two Callings of Apothecaries and Chyrurgeons as the saids Lords shall in Justice and by Advice foresaid think most fit and proper for the health ease and conveniency of his Majesties Subjects and due incouragement preservation and improvement of that so noble and necessary Faculty of Medicine in all the parts and branches thereof in due and beseeming order within this ancient Kingdom And which two Callings of Apothecary and Chyrurgery being sua distinguished by the saids Lords as said is all such Apothecaries and Chyrurgeons who take upon them to use and confound both Callings while as yet undistinguished to hear and see themselves decerned and restricted to make their choice and election which of the saids two Callings they will exercise and practise in time-coming And to hear and see themselves decerned lyable to observe the Rules and Orders sua to be prescrived either as simple Chyrurgeons or simple Appothecaries without confusion of the two Callings in one as should be determined by the saids Lords thereintill as also to hear and see it found and declared that the making and applying of Cerecloaths doth only belong unto the Apothecaries and that the Chyrurgeons ought neither to make or apply the same and al 's that it's lawful and leisum to the Apothecaries to use Phlebotomie when the samen is asked upon occasion of inward distempers and to give Dyetts and Medicaments at all occasions As also to hear and see it found and declared that it shal not be lawfull or competent upon any pretended contraventions of the saids Rules to trouble or molest the members of either calling except they be taken in the Act of contravention per manus injectionen in crimine flagranti as is allowed to and practised by other Trades and Incorporations allenerly And that it it shal
his lawful gotten Sons to be free of any Money paying except the Dinner to be made to the Masters after he be Examined and Admitted by them as said is Item That no Master of the said Craft shall take any Prentice or fied man to use the Chirurgeon Craft without he could both Read and Write and the saids Master of any of the saids Crafts that takes any Prentice should pay at his entry 20 shilling Scots Money and that no Master of the said Crâ—ft should reset nor receive any other Masters Prentice nor Servant while the Ish of his Terms be run and who that does in the contrair thereof al 's oft as he fails should pay 20 shilling but favour Item That every Master that is received Freeman to the saids Crafts should pay his weekly Pennies with other dues mentioned in the sad Seal of Cause and every Servant that is a Fied man to the Masters of the said Craft should pay ilk week one half penny and that the said Incorporation should have power to choise their own Officer to pass with them for ingathering of their quarter weekly pennies to pass before them at their Occasions and gatherings sicklike as other Craffts within the said Burgh of Edinburgh has and that one of the Masters of the saids Crafts should pass with the Officer of the samen at all times needful and lift and raise the saids Quarter Payment fra every person that owe the samen and give any disobeys that they might Poynd and distrenÈie them therefore haveing an Officer of the said good Town with Item that no Master nor Free-man of the saids Crafts Purchass any Lordship in contrair the Statutes and Rules above Written in hindring Skaithing of the Crafts foresaids orcomon weell thereof under the Pain of Tinsel of their Freedoms Item that all the Masters Freemen and Brethren of the saids Crafts reddily obey and come to their Kirk Master and Deacon at all time when they shall be required therto be the said Officer for to hear quarter Compts or advise any thing concerning the comon wee l of the saids Crafts and whoso disobyes the samen should pay twenty Shillings Money foresaid as the said Seal of cause of the Date foresaid containing diverse and sundry others Heads Articles and Clauses at mair lenth proports Likeas his Majesties Royal Progenitor James by the Grace of God King of Scots by his Letters of Ratification given under his Privy Seal of the Date at Edinburgh the 13th day of October 1506 years direct to the Provost and Baillies of the said Burgh of Edinburgh for the time being or that should happen thereafter to â—e for the time and to all and sundry others his Officers Leidges and Subjects Ratified Authorized and confirmed for him and his Royal Successors the foresaids Rules and Statutes contained in the Seal of Cause abovementioned and the samen Seal of Cause granted to the Masters men of Chyrurgeon and Barbar Craft in the haill Points and Articles thereof after the Forme and Tennor of the samen and straitly Charged and Commanded the saids Provost Baillies and others his Officers Leidges and Subjects that they nor none of them should take upon hand to do or attempt any thing in contrair or breaking of the saids Statutes and Rules or his said Confirmation made and given thereupon in any ways in time coming under all the highest Pain and Charge that after may follow Atour if any of the saids Crafts-men disobyed or did any ways come in contrair the saids Satutes the saids Provost and Baillies then present and thereafter that should be recommended to Compel them to obey and fulfil the saids Statutes as effeirs in all things after the Forme and Tennor of the saids Seale of Causes under the pains foresaids as the saids Letters of Ratification of the Date foresaid at more tenth bears And sicklike Mary Queen of Scots be her Letters of Gift under the Privy Seal of the said Kingdom of the Date the 11th day of May the year of God 1567 years for the Causes therein nominat gave and granted Licence to all and sundry Chyrurgenos Inhabitants of the said Burrows of his tRealm then present and to their Posterity for the time being Chyrurgeons whilks should be able and qualified Persons and who after Examination before the Deacone and Brethren of that Occupation within the said Burgh of Edinburgh that should be found able and worthie To use and Exerce the said Craft and no others that they should nought bear Armour nor pass in Battel in any Hoasts Roads gathering Assemblys Wapon shawings or Weirs to be made by the Kings and Queens of the said Realme or their Successors or their Lieutenants or wairdanes be Burgh Sea or Land within the said Realme not out with the samen alse Licence to them fra all Compirance and passing upon any Inquests or Assyzes in Actions Criminal or Civil Justice Heirs Justice Courts Shireff Courts Burrows Courts or others for Serving of the Breives apprisings of Lands or any other manner of Actions whatsoever except sua far as concerns the Judgment and fight of their said Craft allenerly Eximand and Discharging them there Frae in all time coming and witted and granted the saids Chyrurgeons then present and their Posterity of that Occupation nor none of them should be called nor accused therefore nor Incurr any Danger or Skaith there thorow in their Lands persons or Goods or any otherways in time coming notwithstanding of any Acts Statutes and Proclamations or Charges speciall or general made or to be made in the contrair or any pains contained thereintil anent the whilk the said Queen did dispense with them and their Posterity for ever Discharging them and their Successors Chyrurgeons being for the time of all Action Crime that may be impute to them or any of them their throw discharging also alland sundry our Admirals Wardens Lieutennants Shireffs Stuarts Crowners Justices Justice-Clerks Thesaurer Thesaurer Clerks Provosts Aldermen and Baillies of Burrows and all other Officers and Ministers of the Laws and their Deputs present and to come of calling Attaching Arresting Summoning Adjourning Poynding Troubling or Intrometting with the saids Chyrurgeons then present and their saids Successors of that Craft or any of their saids Lands or Goods in any ways in time coming for the said remaining at home or not passing upon Assizes or Inquests as said is except as is before accepted and of their Offices in that part for ever as in the saids Letters of Gift of the Date foresaid at more length is contained And in like manner His Majesties dearest Grandfather King James the 6th of ever Blessed Memory by his Letters of Ratification superscribed with his Majesties Royal Hand and subscribed by the Lords of his Majesties Exchequer of the Date at Greenwich the 6th day of June 16â—3 years Ordained a Letter oâ— Confirmation to be past under the Seal of the said Kingdom of Scotland in Favours of the Incorporation of the saids Chyrurgions of
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
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