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

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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 〈◊〉 ●●vised The Lords of Council and Session have discharged and hereby discharges 〈…〉 ●●●sons Nominat Visitors by the Town-Council of Edinburgh to Officiat and have Nom●●●●●● and Appointed and hereby Nominats and Appoints Hugh Neilson to be Visitor of the 〈…〉 ●●●ternity of the Apothecaries for this year Extractum ex libro actorum per me sic subsc●●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 ●●●●cil of Edinburgh by the simple Apothecaries the beginning of this Moneth of July ●●ving that the Magistrats would nominat one of their Number to be Visitor for this en●●eing year the Town Council of Edinburgh did most warrantably and Moderatly carie ●●erein by ordaining the Chyrurgeon-Apothecaries to see and answer the foresaid Petition ●ut before their answers could be given or the Magistrats could medle with it the Conven●●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 creat● 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