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 als 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 Hopki [...]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 als 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 [Page 2] 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 als 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 not be lawful to parties to give their Oaths for any such alledged contraventions, and to hear and see it found and declared that the Defenders have done wrong to molest and trouble Patrick Cunninghamé and of the parties above-named, in withdrawing him from the neces­sar atendance upon Patients, His Majesties Subjects, by acquiring him to atend a Law suit for giving his Oath, upon pretence of his contraveening of the alledged priviledges of the Chyrurgeons, not as yet by His Majesty, or the saids Lords upon a full hearing of all par­ties concerned, Cleared, Setled, or Determined, and to hear and see themselves decerned to desist and cease from all furder troubling of the said Patrick, or any other Freeman A­pothecary within the said Burgh of Edinburgh, for giving of their Oaths upon any such like account, in all time coming, and that for the Reasons and Causes following in the first, be­cause the Noble and Supream Faculty of Medicine is in it self, a free and liberal science, and ought in all the Branches thereof, be keept and used als freely as any other liberal Science, with a just Respect to good ordour, and the decent constitution of the Kingdom, seing the Admistrators thereof have nixt under GOD and great care of the Health and Lives of the Subjects, under Diseases and Distempers; and therefore ought not upon any needless or freevelous pretences. be by unnecessary legal Pursuits withdrawn from the assiduus atten­dance upon their Patients, for gratefying the humor or interest of a few for their own Inte­rest and ends concerned; And therefore all Limitations or Restrictions upon the Phisician Apothecary, or Chyrurgon, either in their common or proper Imployments as contrair distinguished one from an other does belong and ought only to be given by His Majesty and his Supream Judicatories as the King, and they with the advice of able, learned, skil­ful and disinteressed Physicians, shal find most consistant with His Majesties honour, the Laws of the Kingdom, and most convenient for the ease, health and conveniency of His Majesties good Subjects, and so ought not to be presumed upon, to be determined and di­scrived by Acts of Particular Burghs and their Councils, the Members whereof are many times Persons altogether ignorant of the very names and terms of Art used in Physick [Page 3] Pharmacie or Chyrurgery, and so very unfit and unqualified Judges, to set Limits and Marches betwixt Pharmacie and Chyrurgie, or to prescrive Rules to the Physicians Pharmacian and Chyrurgeon in their proper or distinct Imployments; and ther­fore that pretended ratification Abovewritten, past in the pretended Parliament 1641. ough [...] to be rescinded, because it contains a Clause for apprehending incarcerating, enacting that such apprehendit should not use Chyrurgical operations, which upon many supervenient exigencies, they may become oblidged to, especially if they be Freemen Apothecaries of Edinburgh; And that the foresaid ratification was but sureptitiously purchast by the Chy­rurgeans, from the said pretended Parliament without calling of the Physicians or Apothecaries thereto. And hearing them for their Interest there against at the least, the same ought to be Restricted to unfree men, Jurney-men & Apprentices, and that only when they are sealed upon in crimine flagranti, and not to be extended to Skilful and Experienced Free-men A­pothecaries, als weel lawfully admitted Burges and Gild-Brethren of Edinburgh, as Masters of Publick Appothecaries Shops there. Secundo, And for the Reasons foresaid the Above-men­tioned Towns Act in anno 1643. ought to be reduced, because it is given a non compe­tenti Judice as said is, and it's against common sence and reason, to think that the Applica­tion of a Cere-cloath to a dead Body, whereupon there is no Anatomical dessection used, can be a Chyrurgical operation, and so ought never to have been decerned to belong pro­perly to the Chyrurgeons, exclusive of the Apothecaries; and seing the Subject matter of Chyrurgery is to mend, recover and restore Luxations fractors and dissolutionem continuii, it is rediculous to allow the Apothecarie the making of Cereclothes, and yet to deny him the Applacation thereof, to the said Body of his own Patient, when no antomical dis­section is used, which tends to nothing but to extort and oppress the good Subjects, and to render the making of Cere-cloaths, in favours of the Apothecaries altogether elusory and ineffectuall, for seing by a late Invention, some Apothecaries have crept in to be Chyrur­geons, such Chyrurgeons will never make use of Cere-cloaths made by simple Apothecaries, but will force the Friends of the Defunct to make use of Cere-cloaths, to be made by them­selves, as hath been several times of late experimented in sundry Instances, to the great Ex­penses and Extortion of the Subjects, and to the detrement and discouragement of the sim­ple Apothecary. Tertio, The Towns Act in anno 1655. Above-written ought to be fun­ditus reduced, not only because it is an high incroatchment upon what properly belongs to His Majesty & his Highnesses supream Judicatories as said is, for the Council of a Burgh to presume to take upon them to find and declare what property belongs to Chyrurgie and Pharmacy as contrair distinguished from an nother, but that the samen being pronounced in the time of Usurpation is in it self most unjust absurd and unwarrantable: As first, In turning all the Distempers therein innumerated Statutory in Favours of the Chirurgeons al­lenarly, which is but meerly narratory in the Act 1643; and these contraverted as indif­ferently used, als well by the Appothecaries as by the Chirurgeons of the Burgh, as in find­ing the Consent and Concessions alledged for a few Appothecaries in anno 1643, Binding u­pon all Succeeding Appothercaries contrary to all Law and Justice, and in debaseing of the Honour of the Physician in his directive faculty in prescriving dyet and Medicament, and all other requisite for perfecting of the Cures of the Distempers therein-mentioned with their accidents, which near comprehends all Physick to the Chirurgeons allenarlie, and to none others for which no shadow of Reason can be given, except the unwarrantable Gra­tifieing of the Chirurgeons, for the countenancing and continuing of the Factions designs of the then Magistrats, those endeavouring what in them lay to Establish in the time of an Usurpation, a certain Mock Borrow Colledge of Physicians, by Inhancing all Physick and Medicine, als well in the directing, compounding, and operating parts thereof, by this their Act 1655, procured before the Erecting of the Appothecaries, who was by the Towns grant being Erected, ought only to Enjoy the Priveledges by the acclaimed as pro­per, and only competent to their Art and Calling. And therefore, the saids pretended Acts, Ratifications and others respective above-written, ought and should be Reduced, Retreated, Rescinded, Cassed, Annulled, Decerned, and Declaired 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 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 [Page 4] 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 Decree [...] [...]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 [...]ealth, ease and conveniency of the Subjects, and due Incouragement, Preservation and [...]roving of that so Noble and necessary Faculty of Medicine, in all the parts and Branches [...]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 mak [...]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 [Page 5] 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 als, 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 als, 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 als, 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 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 Cr [...]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, als 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 distrenȝie 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 weel 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 [...]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 [Page 6] 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 16 [...]3 years, Ordained a Letter o [...] Confirmation to be past under the Seal of the said Kingdom of Scotland, in Favours of the Incorporation of the saids Chyrurgions of Edinburgh and their Successors, Ratifying their Rights and Privi­ledges in manner after-mentioned. And accordingly his Majesties dearest Grandfather, by His Letters past and expede under the said Privy Seal of the Date foresaid, Ratified, and for His Majesty and His Highness Successore, perpetually Confirmed. The saids Letters made and granted by the saids Provost and Baillies of Edinburgh, and Council thereof, un­der their said common Seal of Causes, of the Date above-mentioned, to, and in Favours of the saids Chyrurgions and Barbars of the said Burgh of Edinburgh, from all and sundry the foresaids Priviledges, Freedoms, Liberties and Immunities above-written, at length spe­cified in the said Seal of Causes, and Ratified and Approved, and for him and his saids Successors, perpetually Confirmed the foresaid Letter of Ratification and Approbation, made and granted by the said dece [...] King James the Fourth, of most worthy Memory, under the Privy Seal of the s id ant ent Kingdom of Scotland, of the Date foresaid where­by the foresaids Rules, Statutes and Priviledges, contained in the said Seal of Causes, are confirmed, and in like manner Ratified and Approved, and for Him and His said Succes­sors, perpetually Confirmed the said Letter of Exemption, made and granted by the said deceast Queen Mary his dearest Mother of worthy Memory, under the Privy Seal of the said Kingdom, of t e Dare above-mentioned, Exeeming the Chyrurgions from bearing of Armour, passing in Battel, and from Reads, Hosts, and Gatherings, Assemblies, Wars, and Weapon-showings, and from passing upon Assises and Inquests in Actions Criminal or Civil, and containing the other Priviledges above mentioned, together with all Acts and Decreets given by the saids Provost and Baillies of the said Burgh of Edinburgh, in Favours of the Deacon and Brethren of the saids Chyrurgions and Barbars within the said Burgh of Edinburgh, with all that has followed, or may follow thereupon, in all and sundry Heads, Clauses, Articles, Conditions and Circumstances thereof, after the Forms and Tenors of the samen in all Points, as the saids Letters of Ratification of the Date foresaid, contain­ing a Dispensation anent the Validity of the foresaids Writs thereby Ratified, and the not Inserting thereof, and several other Heads and Clauses at more length proports. And as [Page 7] the saids Provost, Baillies, and Council of Edinburgh, by an Act made and granted by them, of the Date the 20 Day of August 1575 years, mentioning, That after Advisement had by them, with the Supplication given in to them by the Deacon and Brethren of the Chyrurgions and Barbar-Craft, bearing, That it is specially provided in the Seal of Causes, and others, Gifts and Priviledges, that none should Occupy, nor use the said Craft, nor no Point thereof, unless he were a Freeman of the said Craft, within any part of the Priviledges of the Burgh. Nevertheless the hail Apothecaries of the said Burgh, daily use & exerce the said Craft of Chyrurgery, they neither being Freemen thereof, nor priviledged thereto, neither having Speculation nor Knowledge thereintill, to the great hurt of the Leiges who in their Mala­dies may come to their hands. Therefor the saids Provost, Baillies and Council of Edin­burgh, Ratified and Approved the foresaid Gift under the Seal of Causes, of the Date a­bove-written, and for more strengthning thereof, and haill Causes therein contained, they by their said Act, Discharged the saids Apothecars, and all others not Freemen Chyrurgi­ons, not tryed not admitted by them, of all using and exercing the said Chyrurgion and Bar­bar-Craft in time coming under the Pain of 40 shillings, so oft as they be apprehended in contraveening of the said Gift. And ordained the Officers of the said Burgh of Edinburgh, to concur with the saids Chyrurgions and Barbars, and their Officer, in Poynding for the saids Unlaws, as the said Act at more length bears. And further, the saids Provost, Bail­lies, and Council of Edinburgh, by another Act dated the 10th day of September 1641 years, Considering that it is as well expedient for the good of the Leiges who Reside out with the Burgh of Edinburgh, and not within the Liberties pertaining to the said Burgh, That in the Ma [...]ter belonging to the Art of Chyrurgery, they be provided with skilful and honest men, and not left to the Arbitriment and Imposture of Women and Ignorants. Therefore the Provost, Baillies, and Council of the sa d Burgh of Edinburgh, did inhibit and Discharge all and sundry persons whatsomever, not being Free-Men of the Chyrurgions of the said Burgh of Edinburgh, and who have not given sufficient proof of their qualifi­cation and knowledge in the said Art of Chyrurgery, of all using and exercising of any point of the said Art, within the Bounds and Priviledges pertaining to the said Burgh of Edin­burgh, and appointed the Magistrats of the said Burgh to be Judges in all Controversies which should arise betwixt the Inhabitants of the saids Bounds, and the Brethren of the Chyrurgeons and Barbar Craft foresaid, as in the said Act of Council of the Date foresaid at mo [...]e length is contained Attour His Majesties deceast Father King Charles the First of e­ver blessed Memory and His Estates of Parliament, conveened in Anno 164 [...] years, by Act of Parliament, Intituled Act and Ratification in Favours of the Chyrurgeons and Barbars of Edinburgh, Dated at Edinburgh the 17 Day of November 1641 years, ratified and ap­proved, & for him & his Successors, perpetually confirmed all & whatsoever Priviledges, Liber­ties an [...] Immunitie [...], made, given and granted by the Provost, Baillies and Council of Edinburgh under the Common Seal of Causes, of the Date, the 1st Day of July 1505 years to and in Favours of the saids Chyrurgeons and Barbars of the said Burgh of Edinburgh, and specified in the said Sale of Cause, and also ratified and approved the Letters of Approba­tion and Ratification, granted by K. James the Fourth of most worthy Memory under his Highness Privy-Seal, of the Date, Tenor and Contents above-mentioned. And sicklike ratified and approved, and for him and his saids Successors, perpetually confirmed by Let­ters of Approbation and Confirmation made and granted by the Deceast K. James the sixth, His Majesties said Grand Father, under his Privy Seal at Greenwich of the Date a­bove-written, whereby his Deceast Grand Father willed and granted, and for him and his Successors, Decerned, Ordained and Declared the foresaid Letter under the Common Seal of Causes of the said Burgh of Edinburgh, and Letter of Ratification thereof, made and granted by K. James the Fourth to be good, valid and effectual to the saids Chyrurgion & Barbars in all time coming, together also with the said Act, Dated the tenth Day of Sep­tember 1641 years, whereby the saids Provost, Baillies and Council of Edinburgh did In­hibite and Discharge all and sundrie persons who were not Free-men Chyrurgion-Barbars, from using or exercising any point or part of the Chyrurgion or Barbar Craft, as well with out the Burgh of Edinburgh and Liberties thereof, within the haill Bounds of the samen, as within the said Burgh of Edinburgh it self, and whereby the Magistrats of the said Burgh are declared Judges competent to all Differences that may atise betwixt the Inhabitants of the Bounds of the Liberties foresaids, and the Brethren of the said Craft. And further, His Majesties said Dearest Father of ever blessed Memory, and his Estates of Parliament conside­ring the manifold inconveniencies that did arise, by reason of a number of Merchant Men and Women, who at their own hands without Liberty, never being bred in the Art [Page 8] of Chyrurgery, take upon them to exercise the Duties and Points of that Art within the Sub­urbs of the said Burgh of Edinburgh, to the great hazard and loss of the Lives of many good Subjects, and to the great hazard; hurt and prejudice of the Brethren of the said Craft: Therefore His Majesties Dearest Father with Advice and Consent of the saids Estates of Par­liament, did Discharge all and whatsoever persons (except the Free, Men of the said Craft in Edinburgh) to use and exerce any Point of the said Art of Chyrurgery within the said Burgh of Edinburgh, or any Suburbs about the samen or belonging thereto, and Jurisdicti­on thereof, with power to the Deacon and Masters of the said Art then present, and to their Successors in all time thereafter to come at all times convenient pass, search, take and ap­prehend all such persons, exercing the said Art within the said Burgh, Suburbs and Juris­diction thereof foresaid, not being Free-Men of the said Art within the said Burgh, and to cause them set Caution to desist in time coming, and if they failȝie, to unlaw them in the Sum of Twenty Pounds Scots Money toties quoties: And this was ordeined to be done with concourse of the Magistrats of the said Burgh of Edinburgh, and the saids Magistrats are ordained to be Judges in all contraversies that should arise hereanent, betwixt the saids Chyrurgions and Barbars, & any within the saids Bounds, and als are ordained to concur with the saids Chyrurgions and Barbars, to the effect foresaid, als the said Act of Parliament of the Date foresaid at more length proports. Moreover, the saids Provost, Baillies, and Coun­cil of the Burgh of Edinburgh, by their Act Dated the 8th Day of December 1643 years, mentioning, that Forsomeikle as, it having come to the knowledge of the Provost, Baillies and Counsel of the said Burgh that there were diverse Differences likely to arise betwixt the Deacon and Brethren of the Chyrurgions on the one part, and the Apothecaries of the said Burgh upon the other part, and especially anent the cureing of all kind of Imposthumes, Ulcers, Fractures, Dislocations; Cancers, Imbalming of Dead Corps, Applying of Spara-Draps, Cureing of Varrol, Scurvies, Water-Cankers, Diseases of the Hernia, Buboes, making of Phlebotomie, applying of Ventoses, Fomentations, Loch-leeches, Canters, Ve­sicatores, Applying of Plaisters, and all other manual Operations, which were thought by the saids Chyrurgions properly to pertain to their Art, and yet were used indifferently by all the Apothecaries within the Burgh of Edinburgh, and thereby was like to grow to an great Rent and Division betwixt the saids Chyrurgions and Apothecaries, which the Pro­vost and Baillies and Counsel of the said Burgh fore-seeing, and being willing to preveen the samen: Therefore they appoint certain persons of their own number to Conveen be­fore them both the saids Parties, and to try and cognosce what did properly belong to the saids Chyrurgions, and after conveening of both Parties, and hearing of them, and conside­ring their Righls, and after Report of their procedure to the said Council of Edinburgh, & after calling and compearing of both the saids Parties, and their consenting to the said Re­port, the said Provost, Baillies, and Council of the said Burgh of Edinburgh, Decerned and Declared, that the Application of Cere-Clothes to Dead Bodies within the said Burgh of Edinburgh and Liberties contained in the said Chyrurgions Gift, should properly belong to the saids Chyrurgions, and that it should not be lawful to any Apothecary nor their Servants in their Name to apply the said Cere Cloth, nor to them to direct any to apply the samen: And ordained the saids Chyrurgions if they should be imployed by the said Apo­thecaries, to apply any Cere-Clothes made by them, not to refuse the samen: And also Decerned and Ordained that all manual Operations and Applications about Dead or Living Bodies of Men, Women or Children, should properly, and only belong to the saids Chy­rurgions, And Discharged the saids Apothecaries and their Servants from the using and ex­ercing of any Operations or Applications in the particulars Above rehearsed, about the saids Bodies of Men, Women or Children, as the said Act of the Date foresaid at more length proports, And als the said Provost, Baillies and Council of the said Burgh of Edinburgh by another Act, Dated the 20 Day of April 1649 years, Taking to their consideration the prejudice which the Free-Men Chyrurgions and Barbars of the said Burgh did sustain by the Un Free-Men Chyrurgions and Barbars in the Cannongate, Leith and other Suburbs & Pendicles of the samen, They did therefore by the said Act require the Baillies of the Can­nongate, Leith, and others Suburbs within their Jurisdiction, ilk one of them for their own parts to be assistant to and to concur with the Deacon of the Chyrurgions and Barbars within their several bounds foresaid, and that none should exercise the said Craft, nor put out Signs nor Basons, while they obtained Liberty from the said Craft, and were subject to the Orders & Injunctions of the Deacon and Free-Men of the said Incorporation of the Chy­rurgions of Edinburgh, as the said Act at more length proports. Likeas, the said Lord [Page 9] Provost, Baillies and remanent Council of the said Burgh of Edinburgh, by an other Act Dated the 27 Day of June 1649 years, appointed the Deceast John Denholm then one of the Baillies of the said Burgh to go down to the Cannongate with Umquhile James Borthwick, then Deacon of the Chyrurgeons, and to see Course and Order taken with the Unfree-Men, there, and with the Unfree Men Barbars in the Cannongate, conform to the foresaid Act and Order, of the Date the said 20 Day of April 1649 years foresaid, and that in respect that the Baillies of the Cannongate had slighted the said Ordinance, as the said Act of Council of the Date foresaid at more length bears: And sicklike the said Provost, Baillies, and Council of the said Burgh of Edinburgh by an other Act, Dated the 8th Day of the Moneth of July 1649 years, did call before them Robert [...]riest▪ Andrew Robertson, John Stevenson, and William Burn Barbars of the Cannongate, and being demanded by the Coun­cil of the said Burgh of Edinburgh, what Right they have to exerce the said Art of Chyrurgery and Barbar Craft within the Cannongate, They absolutely denyed that they did exercise any point of Chyrurgery, but Barbar-craft allanerly and ingeneously declared in presence of the said Council of Edinburgh, that they had no Right to exercise that Craft, and that neither they nor that Calling were ever erected in an Company, not subject to a Deacon, but that they and their Authors and Predecessors did exercise the Trade at their own hand allanerly, without any Freedom, Tollerance, War and, Power, or Authority had, or obtained fr [...]e any of their Superiors in time bygone, and therefore the Provost and Council of the said Burgh of Edinburgh, Fand and Declared that the foresaids persons Barbars in the Cannongate, had no Liberty to exercise the Trade within no part of the Bounds, pertaining to the Jurisdiction of the said Burgh of Edinburgh, as in the said Act of Council at more length is contained. And likewise the Baillies of the Cannongate by their Act, Dated the 22 of August, 1649 years foresaid, Ordained the Barbars of the Cannongate to take in their Signs, until they become obedient to the Deacon and Trade of the Chyrurgions of Edinburgh; and accord­ingly Robert Priest, John Stevenstone, Andrew Robertson, John Bowstone, Robert Yule and Andrew Turnbul, Barbars in the Cannongate, Compeared before the saids Baillies, and willingly, and of their own accord, did in Obedience to the foresaids Acts and O [...]ders, sub­mit themselves thereto, and were willing to subject themselves to the Deacon and Craft of the Chyrurgeons of Edinburgh, their Orders and Injunctions as in the said Act at more length is contained. And in like manner, the saids Provost, Baillies, and Council of the said Burgh of Edinburgh, by another Act Dated the 12th day of August 1649 years, rela­tive to the foresaids Acts above-written, mentioning, that notwithstanding of the saids Acts, the Baillies of the Cannongate had done no Diligence against Unfreemen; therefore the saids Provost, Baillies, and Council of the said Burgh of Edinburgh, ordain the Baillies of the Cannongate Regality and Barony of Brughtoun the Baillies of Leith, Barony of Ports­burgh, and other Pendicles within the Jurisdiction of the said Burgh of Edinburgh and their Successors, or their Officers in their Names, within their several Bounds respective fore­said to give their Concurrance to the Deacon of the Chyrurgions and Barbars of the said Burgh of Edinburgh, in taking Order with the Unfreemen Chyrurgions and Barbars, and all such as were Disobedient to their Orders and Injunctions, within their several bounds respective above written: and especially ordained the Baillies of the Cannongate to Dis­charge the Persons above-nominat, and the Barbars within their bounds and all other per­sons whatsoever, from taking upon hand to exercise the said Art of Chyru [...]gery or Barbar Craft, and from putting out Signs and Basons in time coming, till they obtain Liberty from the Chyrurgions, and Barbar-Craft of Edinburgh, under the Pain of Imprisonment of their Persons, and paying of 20 lib. of Unlaw toties quoties, and farther Censure as effeirs. And sicklike, ordained the Baillies to take in their Signs and Basons, and to compel them to Obedience. And in case the saids Baillies should happen to neglect or slight their Du­ty, then, and in that case, the Magistrats of the said Burgh of Edinburgh, or the Deacons of the said Chyrurgions and Barbars of Edinburgh, with Concurse of the Officers of the said Burgh of Edinburgh, are Authorized by the said Act, to pass to the said Burgh of the Can­nongate, and respective places foresaid, and to Discharge the saids Unfreemen and to com­pel them, and all other Persons whatsoever, exercising the said Trade of Chyrurgery and Barbar-Craft, to the Obedience of the said Act. And gave Power to search and apprehend Unfreemen, and use Probation against them as accords of the Law, and to do all and what­soever other things requisit, for curbing of the saids Unfreemen, and bringing them to due Obedience or Punishment; and ordained the said Act to be extended against all Unfreemen within the haill Bounds of the Priviledge, and Jurisdiction of the said Burgh of Edinburgh, [Page 10] Pendicles and Suburbs of the samen whatsoever, in time coming, as the said Act at more length proports. And farther, the Baillies and Council of the said Burgh of the Cannon­gate, by an Act Dated the 2d day of August 1649 years, did Statute and Ordain Robert Priest, Andrew Robertson, Robert Yool, Robert Paterson, William Wairsdail, John Forsyth, Andrew Turnbul, William Burn, John Mackmath, Charles Scot, William Wright, John Bouston, Alexander Smith, and John Stevenstone, Unfreemen and Barbars in the Cannon­gate, to take in their Signs and Basons, and to exerce no part of Chyrurgery, nor Barbar-Craft within the Cannongate, nor Priviledges thereof in no time coming, while they obtain Liberty, and were subject to the Orders and Injunctions of the Deacon and Freemen of the Chyrurgions and Barbars in Edinburgh, and ordain the Upsets and Entries of all that should obtain Liberty, to exerce the Trade within the Cannongate, to the Will and Discretion of the Deacon and Trade of the Chyrurgions and Barbars of Edinburgh, and their Successors, and also ordained that the Prentices of such as should enter, and give Satisfaction to the said Deacon and Trade of the Chyrurgions of Edinburgh, should pay no more for the Bur­gessships than other Prentices, they always shewing a sufficient Testimonial that they are Booked in the Books of the Incorporation of the Chyrurgions and Barbars of Edinburgh, and no otherways, as in the said Act at more length is contained. Moreover, the saids Bail­lies of the Cannongate, by another Act Dated the 7th Day of February 1649 years foresaid, did Decern & Ordain their haill Barbars of the Cannongate, to compear before the said Deacon and Craft of the Chyrurgions of Edinburgh, within their conveening houses in the said Burgh of Edinburgh, and there to subscribe an Act in the Chyrurgion and Barbar Crafts Books of Edinburgh, to underly and be subject unto all their Decreets and Ordinances bygone and to come, and to give their Oath before the said Deacon and Craft for that effect, and that betwixt the date of the said Act and the 13th day of the said Month of September; with Certification to all these Unfree-men, who did not compear and give satisfaction to the said Deacon and Craft in Edinburgh, and that they should be left to the will and pleasure and disposing of the said Deacon and Craft in Edinburgh for their Upsets and Entries, and all other Dues that should happen to be imposed upon them by the said Deacon and Craft, and all other Unfreemen in time-coming, as in the said Act of the date foresaid at more length is contained. Attour, The saids Baillies of Cannongate, by another Act dated the 10th day of February 1654 years. Did Statute and Ordain, that every Prentice of the Barbers in the Cannongate should pay no more but 10 Pounds Scots Money for their Burgeship of that Burgh, the saids Prentices always showing an sufficient Testimonial that they were booked in the Books of the Incorporation of the Chyrurgeons and Barbers of the said Burgh of Edinburgh, and an sufficient Testimonial of the Deacon and Incorporation aforesaid that they have served out their Time fully with their Master: And farder, the saids Baillies did Statute and Ordain, that the haill Prentices of the Barbers of the Cannongate, their Designations and their Burges Tickets, should be Barbers allanerly, and not Chyrurgeons, as the said Act at more length proports. And farder, the said Provost, Baillies and Council of the said Burgh of Edinburgh, by another Act dated the 27th of June 1655 years, Did declare their said Act above-written, of the date in December 1643, to extend to the whole Apothecaries, and their Servants, present and to come, as if they were specially insert thereintill; and also, that the Apotheca­ries, Unfreemen of the Chyrurgeons has no liberty but as Burgesses. And sicklike, that the Operations and Applications contained in the Act of December 1643, upon the living and dead Bodies of Men, Women and Children, and the curing of the Diseases therein-mentioned, as Tumors, Wounds, Ulcers, Luxations, Fractures, curing of Verols, &c. and their acci­dents, by Operations Applications, Diet, Medicaments, and what else requisite to the com­pleat Cure, belongs properly to the Freemen Masters Chyrurgeons of the said Burgh of Edin­burgh, being tryed in Theory and Practice, sworn and admitted to the degrees of Mastership in Chyrurgery before the said Incorporation allanerly, and no other person whatsomever: And therefore did Statute and Ordain, that whatsoever Apothecaries, or their Servants, or any other persons whatsoever, who are not Freemen Chyrurgeons of the said Burgh of Edin­burgh, should be found guilty of using or exercing any Cure, Operation, or Application Chyrurgical foresaid, or any part or point of their Calling, within the said Burgh of Edin­burgh, Liberty, or Jurisdiction thereof, that they should be punished, and lyable in payment of the said Unlaw of 20 Pounds Money foresaid, conform to the Act of Parliament, so oft as the samine shall be proved against them pro ut de jure, upon Complaint one or moe ip­so facto without any furder Proces of Law: And seing that William Jackson, Servitor to John Hamilton Apothecary was found to have contraveened the said Act of December 1643, the said Provost, Baillies and Council, ordained him to pay the said Unlaw of 20 Pound toties quoties for ilk Fault, and referred the furder Censure of his Misbehaviour to the Bail­lies. Likeas, The said Provost, Baillies and Council, did by the said Act, Ratifie and [Page 11] Approve the whole former Acts of Council made and granted in favours of the Chy­rurgeons of the said Burgh of Edinburgh, as if the samine had been specially insert in the said Act; and ordained Intimation thereof to be made to the Apothecaries, or any others con­cerned therein, that none might pretend ignorance of the samine, as in the said Act at more length is contained. Conform to the whilk Act, the said William Jackson being fined by the Baillies, in the Sum of 40 Pounds Scots Money for two Faults committed by him, in apply­ing of Couters and letting of Blood at two several times, being upon a single Complaint, the one Fault confessed by himself, and the other refused by him to declare, upon being re­ferred to his Declaration, and having payed the foresaid Sum of 40 Pound to the Baillies of the said Burgh of Edinburgh, they did send by the hand of James Gray one of their Officers, the Sum of 20 Pounds, as being the equal half of the said Fine, to the deceast William Bur­net Deacon of the Chyrurgeons of the said Burgh of Edinburgh for the time, to be applyed by him for the use and behove of the said Incorporation of the Chyrurgeons, conform to their Seal of Causes, Rights and Priviledges above-mentioned, as authentick Instruments taken thereupon in the Hands of Robert Adamson Nottar Publick, of the date the 10th day of September 1655 years, at more length proports. And in like manner, the said Provost Baillies & Council of Edinburgh, by another Act dated the 25 day of Feb. 1657 years, proceeding upon an Supplication given in to them by the Apothecaries and the Chyrurgeon-Apothecaries of the said Burgh of Edinburgh, did Statute & Ordain, that from thence-forth no person should be admitted to the Profession & Practice of the Art of Apothecary within the Burgh of Edin­burgh, or Liberties thereof, but such as (having obtained the Freedom of being Burges and Gild-Brother of the said Burgh) should make their Address by Petition to the Council for their Recommendation to the Apothecaries and the Chyrurgeon-Apothecaries, and their Succe [...]o [...]s for their Tryal and Examined, and that Report should be made by the Appo­thecaries and Appothecarie Chirurgeons and their foresaids to the Counsel of their Abili­ties and Qualifications in the said Art, in which case the Counc l is to admit them to that Profession; and for that effect the Council of the said Burgh of Edinburgh, gave Power, War­rand and Commission to the saids Appothecaries, and Chirurgeon Appothecaries, and their foresaids in all time coming, to Try and Examine the Abilities and Qualifications of all such Persons who intend to converse with, profess and practise the said Art within the said Burgh and Liberties thereof, being recommended in manner foresaid; And did Sta­tute and Ordain that no manner of Person, or Persons whatsoever, within the said Burgh and Liberties thereof, should not presume nor take upon hand to profess, nor practise the said Art of Appothecary, or any part or point thereof privatly or publick y, who should not be admitted and found Qualified in manner above-written, under the pain and punishment of the Contraveeners in their Persons and Estates: And sicklike, did Statute and Ordain, That the Baillies, one or moe for the time, with the Dean of Gild, and two or more of the Appothecaries and Chirurgeon-Appothecaries, and their foresaids, to be nominat & appoin [...]ed by the Council, being Persons of most approven Integritie & Skill, should from time to time visit the Sufficiency of all sorts of Drugs within the said Burgh of Edinburgh and Liberties thereof, and Seize upon such Drugs as they should find insuf­ficient, and Report the samen to the Council, whereby the Havers and Users thereof may be condignly punished in their Persons, Estates, according to the Quality of their Fault, and their Fines and Penalties to be applyed to the Use of the Good Town of Edinburgh, as the said Act of the Date foresaid at more length proports. And als the said Provost and Baillies of the said Burgh of Edinburgh, by their Act dated the ninth day of Novem­ber 1660 years, mentioning that it pleased the Council of the said Burgh of Edinburgh, to make choice of the deceast Arthour Temple Chirurgeon, to be one of the Captains of the said Good Town of Edinburgh: And seing that by the Laws and Customs of most part of Kingdoms and Nations, Men of that Profession are allways Exeemed from any such Charge and Office; Their Calling being such, wherein the very Lives of People are concerned, besides that the said Incorporation of the Chirurgeons having many and divers antient Rights, Liberties, Priviledges and Immunities granted to them and their Successors; and Ratified by Kings, Queens and Parliaments of this Kingdom. And therefore, the Deacon and Brethren of the said Incorporation of the Chirurgeons, by Their Supplication given in 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. [Page 12] The said Council of the Good Town of Edinburgh, having taken the said Supplication to their consideration, did find the samen Just and Reasonable, and necessar for the Good of the Leidges, and for the Incouragement of the Chirurgeons to the due Tyes of their Callings; and therefore, did grant to the saids Chirurgeons, Free-men of the said Burgh of Edinburgh, and their Successors in that Calling, that they should be free of all the Offi­ces, or any Charge of that kind in all time coming; As also, that they should have the full Imployment and peaceable Possession of all their other several Rights, Privilidges, Immu­nities and Exemptions granted, or Ratified to them by the Kings, Queens and Parliaments of this said antient Kingdom of Scotland, or by the Good Town heretofore in their Fa­vours, within the said Good Burgh of Edinburgh, or Liberties thereof. of whatsomever Date or Dates, as if the samen had been Repeated, and specially Insert in the said Act, and that for them and their Successors, Chirurgeons Free-men of the said Burgh in all time coming. And did Statue and Ordain that none should Molest them thereintil, nor pre­judge them of the same in time coming, under the Pains and Penalties, notwithstanding of any Acts, practices, or any other thing else to the contrair, as the said Act at more length bears; Likeas, in an Court of Justiciary of the said Kingdom of Scotland, holden within the said Burgh of Edinburgh, upon the ninth day of March 1674 years, by the Right Trustie and well beloved Cousin and Counsellor John Earl of Athole (now Marquiss of A­thole) His Majesties Justice-General of the said Kingdom for the time, and Sir James Foulis of Collingtoun Knight, Sir Robert Nairn of Strathurd Knight, Sir John Baird of New­byth Knight, and Sir Thomas Wallace of Craigie Knight Lords Commissioners of Justicia­ry, John Joissie Deacon of the Chirurgeons of the said Burgh of Edinburgh for the time for himself, and in Name & behalf of the remanent Members of the Chirurgeons, and Chirurge­on Apothecarie, within the said Burgh of Edinburgh, did present a Petition, shewing that notwithstanding of the manifold Liberties, Priviledges, Immunities, & Exemptions granted to the said Incorporation of the Chirurgeons in manner above-written, Exeemand them from passing upon Assizes and Inquisits Criminal and Civil, yet nevertheless several Members of the said Incorporation were daily troubled and molested by the Officers of the Court of Justiciary, and Summonds to compear upon Sizes without respect to their exemptions, as the said Petition at more length bears; The said Lord justice general, and Lords Com­missioners of Justiciarie, having considered the foresaid Petition, together with the seve­ral rights, Exemptions and Ratifications produced for instructing thereof, did discharge all Messengers at Arms, Macers of Court of Justiciary and other Officers whatsomever, from Citing and Summonding of any of the Cherurgeons of the said Burgh of Edinburgh, to pass upon Assizes and Inquests in Actions Criminal in time coming, and that conform to their Gifts and Rights above specified, as an Act of adjournal made thereanent in favours of the saids Cherurgeons more fully bears: and sicklike in an other Court of Justiciary holden with­in the said Burgh of Edinburgh, by the said Sir James Foulis, Sir Robert Nairn, Sir John Lockhart of Castle-hill, Sir John Baird, and Sir Thomas Wallace above designed Lords Com­missioners of Justiciary, upon the 29 day of July 1674 years, anent criminal Letters rai­sed, used and execute at the instance of Margaret Dalmahoy, Relict of the deceast James Ra [...]stone Glasier in the Cannongate, James, Margaret, Kathrine, Agnes and Helen Ralstone his children for themselves, and in name and behalf of the remnant Kin and Friends of the said Defunct, and his Majesties Trustee Counseller Sir John Nisbet of Dirltoun, Knight then His Majesties Advocat for his Highness interest in that matter, and William Mason Mason in the Cannongate, then Prisoner in the Tolbooth of Edinburgh, divers and sundry of the Freemen Cherurgeons of the said Burgh of Edinburgh, being called to give their opinion, whether the said deceast James Ralstone did die of wounds mentioned in the saids other cri­minal Letters, and they having given in their opinion in Write thereanent, it was alleged by the Advocats for the Pursuers, that no respect could be had to the foresaid report, un­less the saids Cherurgeons were compearing personally and Deponing thereanent, and there­for craved that the saids Chyrurgeons might be unlawed for their absence, unto which it was answered, that the Chyrurgeons could not be unlawed nor forced to Depone, nor give their Oath anent their opinion, they being jurati magistri, and so the Oath given at their admission behoved to have credit, as to what concerned the skill and faithfull discharge of their Employment, the Lords Commissioners of Justiciary having considered the Premisses in respect that the Chyrurgeons cited in that case were not cited as Witnesses to the Fact, but to give their opinion upon the quality of the wounds, and therefore by their Interlo­quitor refuse to unlaw and amerciat the absent Chyrurgeons, as in the Decreet and Proces led and deduced thereanent, and extracted under the Signe and Superscription Manual [Page 13] 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 the said Burgh of Edinburgh. dated the 1. day of july 1505 years, and whole Rights Priviledges and Liberties and Immunities therein contained, and als the said Letter of Ratification and approbation made and granted by King James the fourth of worthy memory, under his Highness Privy Seal, of the date the said 13 day of October 1506 years, and sicklike, the said Letter of Exemption made and granted by the said deceast Queen Mary, of the date above mentioned, eximand the Chirurgeons from bearing of Armour, passing in battle in any Host, Reads, gatherings, Wars, Weapon showing, and from all compearing and passing upon Inquests and Assizes in any Action criminal or civil, and in like manner, the said Letter of con­firmation and approbation made and granted by King James the sixth, his Majesties Grand Father, of most blessed Memory, under his Highness privy Seall of the Date at Greenwitch abovespecified, confirmed to the saids Chyrurgeons and Barbars, the said Act and Seall of Causes, Letters of Ratification granted be King James the Fourth, and Letter of Exemption foresaid granted be the said Deceast Queen Mary, and likeas the foresaid Act of Parliament made and granted be his Majesties Dearest Father of Eternal Me­morie, with advice and consent of his saids Estates of Parliament, to and in favours of the saids Chyrurgeons and Barbars of Edinburgh, of the Date the 17th day of November, 1641 years. And farder his Majestie with advice and consent of the saids Estates of Parliament, Ratified and approved, and for his Majestie and his said Successors, perpetually confirmed to the saids Chyrurgeons and Barbars of the said Burgh of Edinburgh, that the Acts follow­ing, viz. Ane Act granted be the Provost, Baillies, and Council of the said Burgh of Edinburgh, against Unfreemen Dated the said 10th day of August, 1649 years. Item, ane other Act granted be the saids Provost, Baillies and Council of the said Burgh of Edinburgh in their favors, anent their Rights, Priviledges, Liberties, and Immunities, and Prohibit­ing of Unfreemen, Dated the 22 day of June, 1655 years. And also ane other Act anent the saids Chyrurgeons, and Barbars their Rights, Previledges, Liberties, and Immunities and Exemption of the said Chyrurgeons fra Watchings Wardings, and others mentioned in the said Act granted to them, be the said Town Council of Edinburgh, Dated the said 9th day of November, 1660 years. And farder his Majestie for himself and his saids Successors with advice and consent of the saids Estates of Parliament, Ratified Approved and Confirm­ed, the foresaid Act granted be the saids Provost, Baillies and Council of the said Burgh of Edinburgh, under the Seal of Causes, in favours of the Appothecars and Chyrurgeon Appothecaires, anent Visitors, Examination of intrants, and Prohibiting of Unfreemen to Compone Drugs, and others therein mentioned, of the Date the said 25th day of February, 1657 years, and one other Act granted by the said Provost, Baillies and Council of the said Burgh of Edinburgh, for conveening, Regulating, and ordering of the said Brother-Hood, Dated the first day of April, 1659 years. As also an other Act containing ane Oath tendered be the said Town Council of Edinburgh, to the saids Intrants, at their Admissions Dated, the 18th day of March, 1664 year, and the haill Rights, Priviledges, Liberties, and Immunities respective contained in any of the saids Gifts, Grants, and Acts gaanted in favours of the Incorporation of the saids Chyrurgions and Barbars, and of the said Brother­hood of the Chyrurgeon Apothecaries, and Apothecaries, or that may be any ways inter­pret, or conceaved in any of their Favours. His Majesties with advice and consent of the [Page 14] Estates of Parliament, Ratified and approved, and for his Majestie and his said Successors, perpetually Confirmed all other Gifts, grants, Decreets, made and granted be his Majesties Royal Predecessors, and all Acts of Parliament, Acts of Borrows, and all and every one of the Acts of Courts, and Town Council of Edinburgh and others, and any Ratifications there­of, in favours of the said Incorporation of the Chyrurgions and Barbars, and Brotherhood of the Apothecarie Chyrurgeons, and Apothecars of the said Burgh, and every one of them, their Successors, Children, Prentices respective, anent their Rights Liberties Immuni­ties and Priviledges of the said Incorporation and Brother-hood respective of whatsomever Date, or dates Tenor or Contents, the samen be or bear with all that has followed or may, follow thereupon in all and sundry the haill Heads, Points, Articles, Clauses, provisions circumstances and conditions of all the saids Acts, Gifts, grants, Decreets, Ratifications and others particularlie and generallie abovementioned, granted in favours of the said Incorpo­ration and Brother-hood, or any of them after the Forms and Tenors of the samen in all Points, dispensand with the Generality of the said Ratification. And his Majestie with ad­vice and consent of the saids Estates of Parliament, Decerned and ordained the said Ratifi­cation and Confirmation, to be alse Valid, effectual and sufficient to the fornamed Persons, and their Successors respective, as if all the saids Gift, grants, Acts of Parliament, Acts of Bor­rows Decreets, and Acts of Court and Town Council of Edinburgh and others, and Ratifica­tions foresaids, were all and every one of them at length, and verbatim speciallie and particu­larlie Insert, ingrossed and contained in the said Ratification. Whereanent, and anent all other defects and imperfections, that could be proponed or alleadged in all Objections of Law, that could be moved against the samen. His Majestie with advice and consent fore­said, not only Dispenced, But also Renunced and Discharged the samen for ever, and gave full power to the saids Chyrurgeons and Barbars and Brother-hood foresaid, of the said Chyrurgion Apothecaries, and Apothecaries of the said Burgh of Edinburgh, and their said Successors, to make use of all the saids Acts, or any of them without prejudice of one to other to their best behoofe and advantage, as they shal think fit, and for effect­uating better of the haill Premisses and ends foresaids. His Majesty with advice and con­sent of the Estates of Parliament, ordains the Magistrats and Council of the said Burgh of Edinburgh and their Successors, to maintain the saids Chirurgeons aforesaid, their Children, Apprentices and Servants, in their hail Rights, Liberties, Immunities and priviledges what­somever, granted in their favours; notwithstanding that any of them should exerce any other thing besides, as Burgesses and Gild-brethren, and as if they did not the samen; And sicklike ordained the saids Magistrats of the saids Burgh of Edinburgh and other Judges, Sheriffs and Magistrats of the said Burgh of Edinburgh and Sheriffdome thereof and their Officers to assist and concurr with the Deacon and Brethren of the said Incorporation of the saids Chyrurgeons and Barbars, and with the visitors and Brethren of the Brotherhood of the Chyrurgeon Apothecaries, or any of them and their said Successors Respective, against any Person or Persons, who should exerce or practise any poynt or part of the said Art Respective within the Liberties of Edinburgh, or any other place within the Sheriffdome thereof, without licence or freedome from them, under the Respective Seals and Clerks hands; the Major partie being an quorum, and against any person or persons who con­traveen any of the Respective Rights, Liberties and Priviledges within the Bounds fore­saids; As also, any persons amongst themselves, Contraveeners of their own Acts and or­ders thereafter, and to exact Fynes, Unlawes and Penalties therefore, from them and from other Transgressors as aforesaid, and to search, take, apprehend, p [...]ynd and waird them for the samen, the one half of the saids Fines of unfreemen, to belong to the Council of Edinburgh, and the other half of the said Incorporation and the Brotherhood foresaid Respective, and if any person should find & apprehend themselves prejudged or wronged aither by the determination of the said Incorporation or Brotherhood Respective, contrair to the Laws, Rights and Liberties, priviledges and power granted to them, or either of them, that then in that case, they should have the recourse of the Magistrats and Council of the said Burgh of Edinburgh, who may determine in these cases for both parties, as in the said Ratification and Act of Parliament at more length is contained, by vertue of the whilk Seal of Causes, Ratifications thereof, Letters of Exemption granted by Queen Mary, Letters of Confirmation and Approbation granted by King James the sixth His Majesties Grand­father, and Act and Ratification of Parliament granted by King Charles the first, His Ma­jesties Father of eternal Memory, and hail other Acts, Gifts, Grants, Decreets of Court and Town Council of the said Burgh of Edinburgh, and His Majesties Ratification and Act of Parliament, granted in manner Above-mentioned, and be ver­tue [Page 15] of several other Acts, Gifts, Grants, Acts of Town Council, and Court of the said Burgh of Edinburgh, Acts and Decreets of the Town Council and Court of the Cannongate, and Acts and Decreets of the Sheriff Courts of the Sheriffdome of Edinburgh, and Acts and Decreets of the Baillie Court of Leith, Portsburgh and Poterraw, and Acts and Statutes made by the said Incorporation of Chyrurgeons and Barbars of the said Burgh of Edinburgh, amongst themselves, and by the said Brotherhood of the Chyrurgeon Apothecaries, and Apothecaries among themselves, not above exprest nor set down, and whilks are all holden as hereintill in­sert and exprest, as a part of this principal Lybel brevitatis causa. The said Incorporation of the said Chyrurgeons and Barbars of the said Burgh of Edinburgh and Chyrurgeon-Apothe­caries, Pursuers above-nominate, for themselves and in name and behalf of the said Incor­poration, and their saids Predecessors the Freemen Chyrurgeon Barbers and Chyrurgeons-Apothecaries of the said Burgh of Edinburgh, have been in peaceable Possession of the fore­said Rights and Priviledges contained in their said Seal of Causes, Gifts, Grants, Acts, De­creets, and others particularly and generally above-mentioned, past all memory of Man. And they and their said Successors Freemen Chyrurgeons and Barbers of the said Incorpo­ration, they ought and should have the only Right and Priviledge to use and exerce the haill Operations and Applications contained in their saids Gifts, Grants, and others Writs and Rights, and particularly the haill Operations and Applications contained in the said Act of [...] December 1643, upon the living & dead Bodies of Men, Women & Children, and the Curing of their Diseases specially in their saids Rights, as Tumors, Wounds, Ul­cers, Luxations, Fractures, curing of Verrols, and others above-written, and their Acci­dents, by Operations, Applications, Diet, Medicaments, and what else belongs thereunto, properly appertains to the Freemen Masters Chyrurgeons of the said Burgh of Edinburgh, being tryed in Theory and Practice, sworn and admitted to the Degrees of Mastership in Chyrurgery by the foresaid Incorporation allanerly, and to no other person or persons whatsomever. Nevertheless, It is of Verity, that the persons after nominate, simple Apothecaries, Unfreemen Chyrurgeons, Unfreemen Barbers, Perewig-makers, Gardiners, Country Leiches, Women, Ignorants and Impostures after designed, als well who have their actual Residence, Dwelling and Abode within the said Burgh of Edin­burgh and Liberties thereof, and bounds contained in the Gifts, Grants and Priviledges a­bovewritten, as these who Lurk, Skulk, Haunt and sometimes come within and sometimes without the Bounds foresaid, and who are Vagrants, viz. John Kennedy Apothecary Bur­ges of E inburgh, John Fowlis Elder, Robert Campbel, Hugh Nielson, James Aickenhead, James Laudin, Patrick Cunninghame, John Hepburn. Mr. James Mackmath, Mr. Alexander Hay, John Fowlis younger, Thomas Dalrymple, and Patrick Hepburn Apothecaries Burgesses of the said Burgh of Edinburgh, Walter Porterfield Apothecary in the Cannongate, George Mackala Apothecary in Leith, Edward Cunninghame Peiriwigmaker in Edinburgh, James Robertson Barber there, John Brown Gardiner in the Abbay of Holy-Rood-House, Andrew Jackson Gardiner in West-ports burgh, James Heughson Gardiner in the Pleasants, George Bell pretended Chirurgeon in Edinburgh, Euphane Barton indweller in Edinburgh and John Bigle her Husband for his Interest [...] Wilson Relict of the Deceast Hary Burn and Jo­hanni Baptista Quarantini and Johannes Michael Philo Montibanks and certain other persons unfree Women Gardiners and Montibanks within the said Burgh of Edinburgh and Liberties thereof who are holden as herein repeated brevitatis causa, dayly and continually take up­on them to use and exerce the Practice of Chirurgerie, and all other Points and Practices used and exerced by the Chirurgeon Barbers and Chirurgeon Apothecaries within the said Burgh of Edinburgh, and als to use and exerce the hail Rights, Liberties, Immunities, Pri­viledges belonging to the saids Pursuers Freemen foresaids, albeit they have neither Right nor Interest to the same; And therefore it ought and should not only to be found and declared by Decreet and Declarator of the Lords of Council and Session, that the said Pur­suers and their Successors the Freemen Masters, Chirurgeons and Barbers of the said Burgh of Edinburgh being tryed in Theory and practice Sworn and admitted to the Degrees of Master­ship in Chirurgerie by the said Incorporation, and the Chirurgeon Apothecaries of the said Burgh of Edinburgh, have the only good and undoubted Right to bruick, enjoy and possess, use and practice the hail Rights, Liberties, Freedoms, Priviledges, Operations, Ap­plications and others contained in their Acts, Seals of Cause Exemptions, Ratifications, De­creets and other Writes particularly and generally abovementioned granted in their Favours and to use and exerce the hail Operations and Applications upon the Living and Dead Bo­dies of Men, Women and Children, and the cureing of all Deseases, Incident and Accident to them particularly and generally above-mentioned and their Accidents by Operations, Ap­plications, [Page 16] Dyet, Medicaments, and others whatsomever belonging thereunto, and that the samen properly appertains to the saids Pursuers, Free-men and Masters foresaid and to their Successors Free-men and Masters being tryed in Theory and Practice, and Sworn and Admit­ted to the Degrees of Mastership in time coming in manner above-written, and to no other person or Persons, and farder it ought and should be found and declared by the Decreet and Declarator of the saids Lords of Council and Session, that the saids Pursuers may by themselves their 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 als 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 above­specified, 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 Mackenȝie his Majesties Advocat, Sir John Lauder, & Mr. Colen Mackenȝie 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, [Page 17] 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 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 above­written, 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 [Page 18] 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 the Petitioner could not be obliged by Law but that if they in­sist against the Petitioner for operating in Chirurgery, the burden of the probation lyes upon them, and without a particular Statute and Law for that effect, it was humbly con­ceived no Subject can by the act of any inferiour Court or Incorporation, be obliged to give his Oath upon a delict, either for affixing any Stigma upon the Petitioners reputati­on, or damnifying the Petitioner in a pecunial Fine, and as the Petitioner has neither seen by what ground law or warrand, the Chirurgeons come to be authorized thus sum­marly to exact Oaths, so might the saids Lords but consider the danger of the Subjects, and what a door of temptation such methods and practices may open to perjurie, especially when Chirurgical operations and operating in Chirurgerie, are so ambiguous terms, that [Page 19] the ultimum and minimum terms of them hath never yet been defyned; and it is hard for the Petitioner who served his Apprentiship to James Borthwick, and with him learned and saw something of Chirurgery, when he is with a Patient, be he never so near a Friend, or poor or indigent person who may be in a dangerous condition, and of an earnest mind to breath a Vein or such like, especially performing the samen gratis, to know how to give an summar Oath upon Chirurgical operations, for in its latitude it reaches to the least plaister for a cutted finger or scratch of a Pin, and although the Chirurgeons should have foisted in the taking of an Oath, in some acts of the Town Court, yet the samen cannot in Law be done, either by acts of their own calling, or Acts of the Town, to introduce upon his Majesties Leidges, such a strange and unusual and dangerous manner of probati­on, and although some such latent Acts might be ratified in the ratification of the Chirur­geons Right and Priviledge, yet Ratifications nihil novi juris addunt, and are still given salvo jure cujuslibet; and this case being of so universal concernment to his Majesties Sub­jects to prove delicts, and so from them exact Fines upon Oaths first, but imposed by and moulded in inferiour Courts Judges and Incorporations, for their own advantage there­in concerned, as the said Supplication more fully bears, which being read in presence of the saids Lords, and they having heard seen and considered the samen, remitted the con­sideration thereof to the Lord Forret one of their own number, before whom the Bill of Advocation of the foreread Lybel was presented, and to call the Deacon of the Chirurge­ons before him to have answered thereto, and to have done therein according to Justice, and in case of difficulty to have reported: and thereafter in obedience to the foresaid ordi­nance, both the saids Parties having compeared before the said Lord Forret, by their re­spective Procurators above named, the saids Procurators for the Deacon for himself, and in name and behalf of the remnant Brethren of his Trade, for instructing the Rights and Priviledges of the said Incorporation produced in presence of the saids Lords, the parti­cular Writs above written conform to the Inventar thereof, particularly above narrated, with the foresaid Condescendence upon the several Acts of contraventions done by the said Patrick Cunninghame, and thereafter repeated the foresaid Lybel, and craved Decreet conform to the said Condescendence, To which it was Answered and alledged for the said Patrick Cunninghame, and remnant Apothecaries of the said Burgh, by their Procura­tors above named, that they were not oblidged to debate until the Act of Advocation were given out with the Proces, and the samen seen and returned, and come in by course of the Rol [...]. Whereunto it was replyed for the saids Chyrurgeons, that notwithstanding of the said alledgeance, the Defenders must either debate, or then the Pursuers must have Decreet, because the cause being advocat of consent of the Pursuers, and esto there were an Act of Advocation put up and Extracted, yet the only ground whereupon the Pur­suers did Advocat was, that it was agreed to, that the cause should be instantly discused, and the Lord Ordinary thereupon did cause the Pursuers to produce the Writs, where­upon they found their Priviledges, and two several dyets appointed by the Or­dinary to debate, and the above written Bill was opponed given in by the Defender himself, wherein he craved the point might be instantly discust, and the Lords thereupon remitted the same to the said Lord Forret to have heard both Parties, and discussed the same, or Reported. To which it was Duplyed for the said Patrick Cunning­hame by his saids Procurators to the foresaid Reply, They opponed the constant Practique in the like Cases, and the Bill and Deliverance thereof did only relate to the Reasons of Ad­vocation; which Dispute above-written, being heard and considered by the said Lord For­ret, he made Avisandum thereupon to the haill Lords. And upon Report thereof made by him to them, wherewith the saids Lords being well and ripely advised, they ordained the Cause to be summarly discussed (without attending the order of the Roll, in respect the said Defender Patrick Cunninghame did desire the same in his Bill,) and before the said Lord Reporter, and thereafter conform to the foresaid Interloquitor, the Cause being again called in presence of the said Lord Forret, and both the saids Parties compearing by their respective Procurators above-named, the Pursuers Procurators repeated the particular Condescendance above-written given in by them by way of Libel, and craved Decreet against the said De­fender, in respect he refused to depone. To which the Defenders Procurators answered and alledged, That there could be no Proces summarly sustained upon any such Condescendance, there being no previous Citation or Libel, and the Pursuers Seal of Cause and other Rights produced cannot state them in any better condition then the rest of the Incorporation in E­dinburgh, who are not in use, nor cannot summarly attack any person, but red-hand, or fla­granti crimine; and the Town of Edinburgh cannot indulge the Chyrurgeons with any Pri­ledges, [Page 20] contrary to Fundamental Laws, which the Pursuers pretend to by the summar pro­cedure, in calling free Burgesses, and conveening them to depone super inquirendis. Where­unto it was Replyed for the saids Pursuers, that the foresaid Alledgance ought to be repel­led, in respect of the Pursuers Rights stating them in their Rights, with their Priviledges, which cannot be taken away summarly: and the Pursuers by vertue of the saids Rights, have been in the constant use of exercising their saids Priviledges against all Unfreemen, and the circumstances of their Calling, was the ground whereupon the saids Priviledges were gran­ted, it being impossible to attack Unfreemen in their Calling, as in other Incorporations. And which last Dispute above-written, being also heard and considered by the said Lord Reporter, he made Avisandum thereupon to the saids Lords; and they upon Report thereof, made by him to them. Declared they would hear the Cause debate in their own presence, and to that effect ordained the same to be inrolled in the Roll of Causes to be dis­cust; and accordingly the said Action being inrolled, (and having come in by the course the Roll of Causes to be discust,) was called in presentia; at which time both the saids Par­ties having likewise compeared by their respective Procurators above-named, the Procura­tors for the Chyrurgeon-Apothecaries repeated the foresaid Summonds of Declarator raised at their instance, and for instructing thereof, repeated the production formerly made by them of the particular Writs above-mentioned, which are of the several dates, tenors and con­tents respectivè libelled upon in the foresaid Summonds; As also, they repeated the foresaid Action before the Baillies of Edinburgh, against the said Patrick Cunninghame, for the parti­cular Contraventions condescended on, and craved he might be holden as confest, in respect he refused to depone. Which Action being Advocat. They then insisted in the same, as likewise in the foresaid Action of Declarator of the Chyrurgeons their privilidges, upon the several priviledges contained in the Seal of Cause, and other Rights granted to them by the Town of Edinburgh, who by their Erection have power from the King to grant the same, and which Seal of Cause is ratified by King James the 4th, under the privy Seal, upon the 13 day of October 1506, and by King James the 6th likewise under the privy Seal upon the 6th of June 1613 years, and the Act of Town-Council dated the 10th of February 1641 years, and ratified in Parliament the 17th of November the same year, and several other Acts of the Town-Council in their favours, for the better exercising their Calling, which are all ratified in parliament upon the 22 day of August 1670 years, and whereof they have been in the controverted possession, as is instructed by several Sentences before the Town-Court of E­dinburgh against the Contraveeners, wherein they craved it might be declared, that the saids Chyrurgeons have the sole priviledge of the exercising of Chyrurgery, and that all others Unfreemen might be declared, and that they might call the Contraveeners before the Magi­strats, and use all legal probation against them, and that summarly, conform to their Rights and Customs of Burgh, and the above-named Procurators for the saids Apothecaries likewise Repeated the foresaid Summonds of Reduction and Declarator raised at their instances, by way of Defence: In which they insisted, Primo, Upon that Conclusion of the foresaid Sum­monds, that they cannot be obliged to depone for thir Reasons, 1. That it might involve the persons alledged Contraveeners in Perjury, seing it cannot be imagined that they can re­member every individual Act. 2. It would oblige them to discover the Diseases & Conditions of their Patients, which were absurd & contrary to that Secrecy which their Calling obliges them to. Tertio, all the other Trades within the Town, and in all other places, that have as great Priviledges as the Chrurgeons can pretend to, are not allowed to call them Freemen upon Oath, as to their Encroachments upon their several Trades, but all that is allowed them, is to Sease the Work, and if they can deprehend them in the Act, to punish them. Secundo, they Insisted in the second Ground of Declarator, viz. That the Chyrurgeons might hold them by their own Trade, and might not exercise the Art of both Chyrurgery and Phar­macy for thir Reasons. Primo in no well governed City, one and the same Person is al­lowed to Exerce distinct Trades. Secundo, if the same were allowed here, the Chyrurge­ons being both Chyrurgeons and Apothecaries, would render the Apothecaries Employment as de facto. They do altogether insignificant, seing they as Burgesses can be Apothecaries when they please, and the Apothecaries cannot be Chyrurgeons, without they serve an Apprentiship, or Marry a Chyrurgeons Daughter, albeit they were never so well qualifi­ed, and the Art of Pharmacy being the nobler Art, as being conversant about the In­side of the Man, ought to have rather greater, as less Encouragements as Chyrurgeons. Tertio, they Insisted on the third Ground of their Declarator, viz. That the Liberty of making and applying of Searcloths to dead Bodies, should be declared proper to them, in respect that the Searcloth is a Drug, and is not made use of for any Chyrurgical Opera­tion, [Page 21] being applyed only to dead Bodies. And Insisted likewise upon the fourth Ground of Declarator, viz. That it should be Declared, that the Apothecaries has the only Privi­ledge of Administrating of Physick inwardly; and that Phlebotomy common to them, is the Chyrurgeons, in respect that Phlebotomy is often requisit in Inward Distempers, with which the Chyrurgeons does not meddle, and sometimes must be so speedily Administrat, as cannot admit of so much time as to send for a Chyrurgeon, without eminent Danger of the Patients Life, as in Plurasies and other violent Diseases. To which it was Replyed for the Chyrurgeons, That notwithstanding of the Defence, Patrick Cuninghame must De­pone, or be holden as confest, nor cannot be Declared, that the Contraveeners of the Chy­rurgeons Priviledges, shall not be obliged to Depone, in respect that by the Pursuers their Seal of Causes, it is expresly provided that they may use all legal Probation against the Contraveeners, and that the Oath of Party is a legal Probation, cannot be contraverted. Secundo, They have been in constant Possession of this manner of Probation, the Deeds of Contravention being always within closs Doors, and often under silence of night per­fected in a sudden, and leaves not Work behind it that may be apprehended as other Ma­nual Trades does. And it is of no Weight, to pretend that it would be the Occasion of discovering Patients Diseases, for any that has a mind to conceal their Diseases may em­ploy a Freeman, and so not incur the hazard. But to take off all Caval, the Pursuers do Declare, that they are content it be Declared, that Unfreemen should not be obliged to Depone upon Contraventions in general, but where the Acts are particularly lybelled, as is particularly [...]one in Patrick Cuninghames case here, which is a Confession more as in Law can be required, seing Oaths in general, are frequently taken in things of less concern, as Mul [...]-O [...]ths, cutting of Wood, killing of Fish, &c. As to the second Ground of the Declarator, viz. Chyrurgeons should not be Apothecars. It is answered. That the same is absurd, for thir Reasons. Primo, For Erecting of the Fraternity produced, (for they are no Trade, and have no Seal of Cause as other Trades have) any Burgess of Edinburgh if he were a Black Smith, if free to be an Apothecary, if he be able to undergo a Tryal, and it were strange to allow it to all Burgesses, to deny it to the Chyrurgeons, who of all Bur­gesses are presumed to understand it best. Secundo, By the Erection of that Fraternity, it appears that the Chyrurgeon-Apothecaries were the great Procurers, And that they taking to their Consideration, that the Leiges were abused by unskilful Persons, taking upon them to sell and prepare Drugs, did procure the said Erection of a Fraternity, excluding unskillful persons that could not bide a Tryal. Tertio, By the said Erection of the Frater­nity, it appears that the Apothecars were so far from being considered as a Trade, that they have not power of their own Tryal, but the Entrants must apply to the Town Council, and they appoint the Tryers; and they pay no Money for their Freedom, nor do they enter their Prentices amongst the Trades but in the Gildrie as other Merchants do; and though they were a Trade as th [...]y are not, it is absurd to pretend, that if a man serve a Prentice, or other­ways acquire his Freedom in two Trades, he may not serve in both or either as he pleaseth, as Merchants, Taylors, and several other Instances. As to the third Ground of Declarator, viz. That the making and applying Cere-Cloths should be declared proper to Apothecaries, It is answered, Primo, The Pursuers oppones the Seal of Causes and o­ther Rights Lybelled, whereby all the external Applications of Mens Bodies is declared properly to them. And the pretence that a Cere-Cloth is a Drugg of no Weight for the same may be pretended of all Plaisters, which uncontravertedly belongs to the Chy­rurgeons. Secundo It is already determined by the Town-Council, who by King and Parliament are declared Judges in all these controversies, who have allowed the making to Apothecaries, and the application to Chyrurgeons. And have provided, that if the Chyrurgeon refuse to apply the Cere-Cloths the Apothecaries makes, then the Apotheca­ries are free to apply themselves, which is more as the Apothecaries could in Law acclaim the Application being properly Chyrurgical, even where the Body is not eviscerat, where Chyrurgical Instruments is necessar for stopping the Opens of the Body, and making In­cisions, in particular cases where a Chyrurgeons skill is necessary, and Embalming is al­ways used in all Bodies, and Ligators, which are not only proper, but is one of the singu­larest Arts of Chyrurgery. And it is of no Weight that it is a burden to the Leidges, se­ing it is very well known, and is provided by the Act of the Town-Court, That the Chyrurgeons are to be imployed by the Apothecaries, and gets their acknowledgement from them, which they cannot refuse. Likeas, as there are many that being both Apothecaries and Chyrurgeons, where the Leidges desires only to have one imployed, To the Fourth Ground of Declarator, viz, That it should be declared that the Apothecaries have the on­ly [Page 22] Application of Medicine inwardly. As Likeways have the use of Phlebotomie, com­mon with Chyrurgeons. To which it is answered, That by the Erection and by all the Rights Lybelled, the Chyrurgeons have the sole power of Applications, Operations, and Medicaments, requisite for compleating the Cure of those Distempers, which are particu­larly narated in the Act One thousand six hundred and fourty three. And it were absurd to say that they could have the sole Cureing of a Distemper, and not the power of applying what is necessar for it, either outwardly or inwardly. And all that they pretend to, is the ap­plication of Medicaments for Cureing of the Distempers contained in their Rights, which are known by proper distinct Names to be such as falls under the Chyrurgeons skill, in all pla­ces of the World, And it was never before alledged that Phlebotomie was not properly a Chyrurgical-Operation. And it is but a Frivolous pretence, that in some cases as in Plu­racies it can admit of no delay; For it is well known, that within Edinburgh it is more easie to find a Chyrurgeon as an Apothecary, nor did ever the Chyrurgeons trouble any un-Free-Man in drawing of Blood in cases of necessity, nor using of the first Pansing upon bro­ken Legs or Arms, which is always permitted to be done by them that are nearest: and then Chyrurgeons is to be called at the second Application: Whereunto it was Duplyed for the Apothecaries by their Procurators, That albeit by the Seal of Causes the Chyrurgeons has several priviledges; As power to make Free-Men by Prenticeships, to keep a Box, & yet the particular [...]riviledges now insisted on are not there expressed, and so are to be de­term [...]ned by the Lords. To the which Duply above-written, The saids Procurators for the Chyrurgeons opponed their former Reply, and their Rights whereupon they Found, which does sufficiently determine all the points now contraverted, and remitted the same to the saids Lords their Consideration, Which haill Dispute above-written being heard and con­sidered by the saids Lords, they before adviseing thereof, Recommended to the Lords Register Newtoun and Castlehill, to call for Dr. Stevenson Elder, Dr, Hay, and Dr. Balfour, and to hear their Opinions as to the points contraverted betwixt the Chyrurgeons and the A­pothecaries with their first convenience, and thereafter to report. Thereafter there was a Supplication given in to the saids Lords by the said Dr. James Nisbit Deacon oi the Chy­rurgeons of Ed nburgh for himself, and in Name of the remanent Masters and Brethren of the said Incorporation, Shewing That where in the mutual Declarator raised by the Chy­rurgeons, and Chyrurgeon Apothecaries against the single Apothecaries, and by them against the Petitioners. The Petitioners having Founded upon their Seal of Cause, and particular Acts and Priviledges granted to them by the Town Council of Edinburgh in confor­mity to their Seal of Cause Anno one thousand six hundred and fourty three, and one thousand six hundred and fifty five, long before the Settlement of the Fraternity of the A­pothecaries, Having undoubted Right and Priviledge to exercise all manual Operations and Applications upon the Living and Dead Bodies of Men, Women and Children, and that exclusive of all persons within the Burgh, who are not Free-Men of their Art: And containing also several Specialities, whereunto the most emi­nent Apothecaries at the time were consenting, and to which all of them since have Acquiesced and Confirmed, except a few Claudistine Contraventions, of which when no­tice was had, the contraveeners were Fined, and being informed that the Petitioner upon consideration of the Debate; Have thought fit to recomend to some of the saids Lords, their number to call three Physicians and hear their Opinion anent the proper Bounds, and limites of these two Arts. As to which the Petitioners humbly represent, to the saids Lords. 1. That if the Chyrurgeons, and Apothecaries had been erected in ancient and distinct Crafts or Arts, within Burgh in general Terms, viz. That such an Society and Companie, should be Chyrurgeons, and such an Society and Company Appothecaries, and that a question had then arisen betwixt them in any Point or Points, which each of them had contended to be ane Proper Point of their Arts, or to be common to both; That in such a case of general Gifts and concessions, their might be some ground of Calling Physicians to give Opinion in what might be proper to either calling or common to both, but here it is uncontravected, that the Chyrurgeons have most anciently formed and erected Corpora­tion and Craft, injoying Priviledges and Freedoms, which no Burges nor Gild Brother in Edinburgh can partake of, unless he Serve an Apprentiship in the said Art, or be the Son, or Marie the Daughter of ane Free-man, and on the other side, that the Apothecaries were never ane distinct calling or Art, but allenerly Burgeses and Gild Brother, and had never any Priviledge beyond ane Burges and Gild brother, so that any Gild Brother might have Set up for an Apothecarie when he pleased, until the year 1657 that a tryal was thought fit and necessar, in order to which they were Erected in a Brother-hood, [Page 23] jointly with the Chyrurgeon Apothecaries. And whereof, notwithstanding of their Erection any Gild Brother, who can bide a tryal may be a Member at pleasure, and that the Chyrur­geons have and injoy their calling and Craft, not only in general, as a Craft, but also in a clear Designation of the Subject of their Calling, viz. All Operations and Applications about the bodies, &c. And more particularly in the Cureing of the specialitys exprest in their Gifts, and grants, and that Exclusive of all others, in that they could humbly con­ceave their is no necessity to call for the Opinion of Phisicians anent the Bounds or Limits of their Callings, seing their Gifts, and Grants, does alse speciallie, distinctly, and clearly design the same as Mens Wits, or words can express; And therefore since he questions not whither ane Apothecary may not have alse good Skill, to apply an Serecloth, or draw Blood as a Chyrurgion has, neither was the question whether ane Apothecary, qua Apothe­carie may apply Plaisters, as well as make them, or cure Tumors Verrols, and such like, but that the only question is whether manual Operations and Applications upon the Bodys, &c. And particularly Phlebotomie Application of Serecloths Cureing of the spe­cialitys mentioned in their Gifts, is not only proper and due to them, to exercise by their special Gifts, and grants Exclusive of the Apothecaries and all others, the interpretation of their Rights, and grants needs not the Opinion of ane Physician, when the Terms and ex­pressions are clear, for though all the Physicians of Scotland, should affirm that an Apothe­carie, qua talis may aply an Searcloth, draw Blood, Cure the Verrols swellings or­wher [...], yet certainly the saids Lords in point of Right, must find that the Apothecaries of Edinburgh cannot do the same, because the Town of Edinburgh, who by their Erection from his Majestie, are intrusted to give particular Seals of Cause, Rights and Priviledges to Crafts and Callings Exclusive of all others, having given these Priviledges to Chyrurgeons in clear and express Terms, and they having injoyed the same now, these two hundred years Exclusive of all others, the same eannot be taken from them, without Violation of their Rights, even altho the Priviledge of its own nature, were Consonant to the nature of Pharmcie, or of a mixt Nature equallie applicable to Pharmacie or Chyrurgerie, and far less can these Priviledges be drawen in question by a Fraternity Erected, within these twenty four years, who have not the Priviledge to exclude any Burges that can bide a try­al, and then the Chyrurgeons Priviledges, are specially declared be the Town, before their erection and consented to be the Apothecaries, and bruiked and injoyed both before and since the erection, be the Chyrurgeons Exclusive of all others until this time. 2. The Pe­tioners humbly Represents to the saids Lords, that it is noture and known, that the Apo­thecaries have a greater dependance upon Physicians than Chyrurgeons have, for Chyrur­geons do and m [...]y by the Priviledge of their Art and Calling, operate without any depen­dance upon Physician, and needs not, nor are they bound and tyed, to call for any Phy­sician, but if they please whereas an Apothecarie qua talis, neither ought nor can Administer Physick without the advice of an Physician, and the dispensatorie Art in the practise, there­of, absolutly depends upon the Physicians Recept, so that with all deference and respect to the Physic ans, the Chyrurgeons have just reason to suspect, that they will be more favourable in their opinion to the Apothecaries, and ready and willing to inlarge their priviledges, who have so absolute an dependance upon them; And it is notour and known, that the Physicians have frequently endeavoured to Erect themselves in a Colledge, and to extend their own priviledges, to the Impairing of both, and therein they have been still opposed by the Chyrurgeons and Chyrurgeon Appothecaries, and thereupon may be presumed to bear the Supplicants no good will, craving that the saids Lords would be plea­sed to consider the grounds of the Supplicants Declarator in jure as the samen is founded upon their Seall or Cause, Gifts, Grants and Acts, and their immemorial Possession, which the Supplicants humbly conceaves, are very clear and express, and which ought not to be altered upon the opinions of Physicians, but must be judged according to the Law of the Kingdom, and the nature and conception of their Gift, as the said Supplication more ful­ly bears, which being Read in presence of the saids Lords, and they having heard and seen and considered the samen refused to give their Answer in jure until the saids Lords should Report; But they recomended to the fore-mentioned Lords, in their saids last Interloqui­tor, to call the three Physicians therein named with Doctor Burnet upon Monday next thereafter, and to have heard their opinion on the contraverted poynts; And to to have made report thereof on twesday following, in obedience to the which ordinance and In­terloquitor above-written; The saids Lords nominated as said is, having called and taken the opinion of the saids Physicians, anent the contraverted Poynts, contained in the two several Declarators Above-mentioned; And thereafter upon Report made by them to the [Page 24] saids haill Lords in presentia wherewith, & with the haill Dispute Above-written, they being well & reiply advised; The saids Lords of Council & Session, found that the Chyrurgeons has only Right of Phlebotomie within the Town of Edinburgh, and upon the Burgesses there­of, except in the caises or necessity and charity: But Declared, that they would hear both Parties, if the said priviledge should extend to strangers living within the Town, or to Burgesses living in the Suburbs, but found that where there was no incision made upon dead Bodies, and that there is only wrapping of the Body required, the Apothecaries, makers of the Cere-cloath may wrap the Bodies, but where incision is made, the Applica­tion is proper to Chyrurgeons of the Cere-cloaths to the Body, and as to the other two poynts, viz. The probation of the contraventions by Oath, and the seperating of the Trades and Incorporations of Chyrurgerie and Pharmacy, the saids Lords declared they would thereafter hear both parties thereupon, and thereafter, there was an other Supplication given in to the saids Lords, in behalf of the said Chyrurgeons, Shewing, that although the Pe­titioners doe not contravert, but that if the matters concerning the Cere-cloaths, had not been decyded by the Town of Edinburgh, there might have been place for consulting with Physicians, as to Cere cloaths; and to whom the Application thereof should belong, so that the Petitioners conceives the said Lords their Interloquitor as founded upon the nature of the Thing, and the Opinion of the Physicians was no way controverted, but it was hum­bly represented to the saids Lords, that this Debate was founded upon the Priviledges grant­ed by the Town of Edinburgh, as having Right from his Majesty to grant the same, is yet intire, and that because neither did the Lords read and consider at the advising of the Cause, the Right founded upon by the Town of Edinburgh, nor was the said Interloquitor at all consistant with these Rights, for it could not be denyed, that his Majesty or the Town as having Right from him might have allowed no Apothecaries, but have granted all their Priviledges to the Chyrurgeons, and therefore a fortiori they might have restricted the Ap­pothecaries at their erection to any particulars they pleased, and which is more, they ought to have restricted them, and they could not have taken from the Chyrurgeons the jus que­situm by their Seal of Cause and other Rights. 2. That Point, viz. whether these Priviled­ges of the Chyrurgeons should hold only inter concives, was never debated and if it had, the saids Petitioners could by most unanswerable Arguments evinced, that these Priviled­ges should extend to all the Priviledges of the City, as the Liberties of Baxters, Tailors, & all the other Trades does, & even the Jurisdiction of the Magistrats is extended to all within their liber­ty and not restricted ad concives, & the saids Lords Jurisdiction is extended to all who are in Scot­land & not restricted to Scots men, or where were ever the Petitioners heard to debate why the Opinion of Physicians should not be taken in that case, so that that Point should be yet al­lowed to be debated, the saids Lords never refusing to hear parties even after Interloquitor upon points that were not debated, and this was als great an Infringment upon their Li­berties as that which was pleaded by the Apothecaries, and in which the saids Petitioners are als much concerned, Craving therefor that the saids Lords would be pleased to stop the extracting of the said Interloquitor till the Petitioners be heard upon these weighty points in which they and all the Trades in Edinburgh, yea and the Town of Edinburgh it self, and all the Burghs of Scotland are so much concerned, according to Justice as the said Supplica­tion also more fully bears; Which being likewise read in presence of the saids Lords, and they having heard, seen and considered the same, notwithstanding of what was therein repre­sented, Adhered to their said former Interloquitor, and refused to stop the extracting there­of, and thereafter the said Action of Declarator pursued by the said Apothecaries against the Chirurgeons being again called in presentia, and both Parties compearing by their respective Procurators above named. the Procurators for the said Apothecaries repeated their Sum­monds, as to the point that the Callings, viz. Pharmacy and Chirurgery should be separat they being two distinct Trades and Imployments of their own Natures, and that attending and following of either being sufficient to take up any man, and the confounding of both these Trades being a late abuse crept in since the year 1649 years, and was allowed by the Magistrats to conciliat favour with the Deacon of that Trade to favour them in the Election of the Magistracy, and therefore these two Trades and Imployments ought to be separat and declared distinct, and the present Chirurgeons and their Successors, who do joyntly exercise both imployments should make their Election and be restricted to one of these in time come­ing and discharged to take an Apprentice with respect to both imployments, but only to be Booked as Apprentice in the Trade and imployment of Pharmacy or Chirurgery as their Masters have elected and chosen the same. Secundo, There ought to be a Distinction be­twixt their Trades as well as all other Trades, and the Trade or Chirurgery being erected [Page 25] with a Seal of Cause and distinct as any Trade in the Kingdom, ought not to be confoun­ded, and that this ground of Declarator would be sustained in other Trades as uncontraver­ted; And therefore it ought to be sustained in this, it being a Confusion inconsistent with the policy and interest of the Kingdom. Tertio, The Declarator is founded upon King James Decreet Arbitral which is the foundation of the Right, whereby all Trades are or­dained to be Erected and distinguished from others: To which it was answered, for the Chirurgeons by their saids Procurators, that the foresaid Declarator could not be sustai­ned as to the point of Separation of these two Imployments of Apothecary and Chyrurgeons First, Because Chyrurgeons by ancient Seals of Cause are erected a Deaconrie as one of the Trades of Edinburgh with Liberty to receive Apprentice and to make them freemen. Se­cundo, As Burgesses and Gild-Brethren they were in a Capacity to exercise the Imployment of an Appothecary before the Erection of Apothecaries in a Fraternity, which was by an Act of the Town-Council of Edinburgh in Anno 1657. and any man in Edinburgh that was a Freeman before the said Act, might have exercised Pharmacy without any Tryal, and may untill this Hour upon their byding a Tryal, and being found qualified, and Pharma­cy is not a Trade or erected by a sale of Cause as other Trades, but an Imployment, which by the Constitution any Freeman that is found qualified may exercise. Tertio, The present Chirurgeon Apothecaries are eminently fitted and capable for exerciseing both Imployments, and whereof they and their Predecessors have been in Possession of Exerciseing of both past all Memory & thereby has prescribed a right of both. 4. That if the K. had power to erect this Trade with Priviledgs he has Delegated it to the Town, and if the Town have power, the Chy­rurgeons have it by their Seal of Cause: and it is most consistent with the Interest and Con­dition of the Nation, that the Leiges should not be forced to employ both a Chyrurgeon & Apothecary when one may do both. Quinto, It were Destructive of the Town of Edin­burghs Power, by their Charters of Erection, to have Right to Erect Deaconries, and to Appoint the Regulat the several Trades within the Burgh, and to conjoyn and separat them as they think fit. Likeas, the Chyrurgeon-Apothecaries their Priviledges are Ra­tified by King and Parliament; and His Majesty in his late Patent granted to the Physici­ans, doth acknowledge Chyrurgeon-Aoothecaries, in whose Priviledges are Settled and Reserved by the said Patent, and Appoints them as joynt Visators with the Physicians of the Drugs, to be sold or made use of, Whereinto it was Replyed for the Apothecaries by their saids Procurators, That these Pretences sounded upon by the Chyrurgeons, were most Frivolous, and the Apothecaries Declarator for the Separation of these two Em­ployments, was most Just and Rational: and though the Chyrurgeons did make a Cla­mor and Noise, as if it were a Matter of State and Government, and did Alarm the Town of Edinburgh as if their Charters of Erection and Priviledges were Impugned, & Invaded; yet all such Stuff and Pretences is nothing but the common Methods of amusing of Clients, or the willful and ignorant Mistakes of Lawyers, that must now reduce all privat Debates to Politicks of Government, which is foolish and impertinent Nonsense. For primo, The Declarator concerns none but the privat Right and Interest of the Apothecaries and Chy­rurgeons. Secundo, Albeit the Town of Edinburgh by their Charters of Erection from His Majesty, and His Royal Predecessors, hath power to Erect Trades and Deaconries; so likeways all our Royal Burghs of the Kingdom have the same. Tertio, There hath been nothing more ordinar than Declarators before the Lords of Session, of one Trade against another for their respective Liberties and Priviledges, which the Lords of Session have al­ways Determined according to Law and Justice, without the least Invasion of the Char­ters of Erection granted to Royal Burrows; nay, have many times sustained Declarators, decerning the Magistrats to Erect and Incorporat Trades unto Deaconries, and to give them an Interest in the Government of the Burgh, notwithstanding the Government had been otherwise exercised past all Memory, and which the Lords of the Session and supream Judges of the Kingdom, may, and ought to do. Quarto, That as to the old Rights and Seal of Cause, the foresaid Declarator did not at all Impinge, for there was nothing therein as to Pharmacy, and as to what the Chyrurgeons have obtained from the Town of Edin­burgh of late, it was ultra vires, and the Town could not joyn other Trades inconsistent or inconvenient to be joyned, there being not two Trades or Employments within the Town of Edinburgh, that are more contra distinctione one from another, than Chyrurgery and Pharmacy: and therefore, according to the Practice, Example and Policy of the Town of Edinburgh, and of all other Royal Burghs, as all other Trades which are distinct in their nature, are separat and not confounded, and cannot be exercised but by one; so there is the same and greater Reason for the Separation of Chyrurgery and Pharmacy. And [Page 26] as to the King, his making mention of the Chirurgeon Apothecaries in the late Signature, imports nothing, it being a simple Designation, and there being an Deacon, does not im­port that there can be no distinct Trades, for there are several Deacons in Edinburgh that have many distinct Trades under that Deaconrie, as the Wrights have Plaisterers, Cow­pers, Bowers, Club-makers, and many others, and the Chirurgeons cannot pretend that they exercise the Trade of Pharmacy upon any distinct Right or Priviledges granted to them by their Seal of Cause, or any Deed of the Town prior to the Erection of the Frater­nity of Apothecaries, but only as Freemen in the Town, and have the same Right that all Burgesses have of being Apothecaries, if found qualified, and as to that which is pretend­ed upon the Chyrurgeon Apothecaries, there having been in Possession of exercising both these Imployments past memory of Man, and that they have prescribed a Right of both, and that any Burgess might have exercised the Art of Apothecary, and sold Droggs before the Erection of the Apothecaries in a Fraternity in Anno 1657. The pre­tence is most unwarrantable. For Primo, It is evident by the Report of the Physicians, it was but a late Abuse, and no such thing was known or practised but du­ring the late Troubles, and James Borthwick was the first man that ever attempted or practi­sed the same. 2. The Imployment and Art of an Apothecary is most grosly taken and confounded with that of a Drogist, which is but a common Merchant, which any Burgess or Gild brother may practise, by bringing home and selling Druggs as other Merchandice, whereas the Art of an Apothecary consists in the Knowledge and Composition of Druggs. 3. Although the Chyrurgeons could pretned to any possession of exercing both Imployments, that any such Possession being contrary to, and inconsistent with the publick Laws of the Kingdom, & the publick good & Pollicy of the Nation, & the interest of his Majesties Subjects, can never prescribe any Right, but the Law looks upon each possession to be nothing but coruptella & vetustaserrores, and can never induce any prescription, especially seing there is not so much as the pretence of any Title or Right produced before the pretended Act in anno 1657, erecting the Apothecaries in a Fraternity, and even that Act does no ways au­thorize or allow the same person to exercise both these Imployments or confound the same but only declares that none should exercise the Imployment nor Art of Apothecary, but such as should be thereafter found qualified and tryed by the persons mentioned in the said Act, and their successors amongst whom there were Chyrurgeon-Apothecaries at that time, but the said Act does no ways allow, authorize or confound these two Imployments to be exercised by one and the same person, or hinder the Apothecaries to crave Redress against the same, which they now do by this just Declarator, and which as being a publick Inte­rest, and actio popularis quivis depopulo competit, it being against the Publick Interest and Policy and Prudence of this and all other Nations, that distinct Trades and Imployments should be confounded even though the Act of the Toun Council anno 1643. and 1655, su­stain the Apothecaries their Declarator as to the Point of Searcloaths, although they were expresly excluded from Application of Searcloaths by the saids Acts, so the Lords of Session ought to sustain this Declarator as to the Separation of these Imployments, though there were an express Act of the Town Council of Edinburgh to the contrair, as there is now be­ing contrair to the publick good and Interest, and to the Acts and Constitutions of the Burgh as to the case of all other Trades, and the Town of Edinburgh by their Chartours of Erecti­on, having greater power in relation to other Mechanick Trades than they can or ought to pretend to Pharmacie or Chyrurgerie, which are meer liberal Arts and Imployments, and to be regulat and determined by the Lords of Session as the supreme Judges, with the due respect of the publick good and Interest of the Subjects, and Pollicy and Prudence of other Nations; To which it was Duplyed for the Chyrurgeons by their said Procurators, that the Town of Edinburgh in the year 1649, with consent, and at the earnest desire of the Ap­othecaries, having determined the Chyrurgeons Right as to the Points controverted by any posterior Act 1657, the Town could not by the erection of the Fraternity of Apothecaries, do any Deed in prejudice of the Chyrurgeons, tho the said Erection did impinge upon their Right, as it does not, and this Declarator raised at the Apothecaries instance, being in effect a Reduction not only of the Chyrurgeons Right, but of the Towns Priviledges, the same cannot be sustained by way of Declarator, but there must be Summonds of Reduction raised. 2. By the foresaid Erection of the Fraternity, no Burgesses of Edinburgh are exclud­ed from being Pharmacians and Apothecaries, providing they can undergo a Tryal, and since any Burgess may be, why not the Chyrurgeons who are alwise willing to be tryed, and cannot be supposed but to be best qualified in respect of the Contingency of the Imploy­ments. 3. By the said Erection of the Fraternity, the Office of Apothecary is not settled as [Page 27] any distinct Trade, but continues as a part of the Gildrie, and the Entrant enters as Mer­chants, by applying first to the Council without any Distinction, except as to the Trial, for they pay no Composition, whereas the Chyrurgeon Apothecaries their Apprentices, be­fore they receive them, are severely tryed in the Greek and Lattine Tongues, and must serve five years to the Trade and thereafter be three years in their Studie and Travelling before they can be tryed to be a Master. 4. In the foresaid Erection, the Apothecaries hath acknowledged the Chirurgion Apothecaries their Right, & have homologat & consented thereto by joyning with them in the Petition, whereupon the Act followed, and by which Act of Erection, it is expresly provided that the Apothecary Chirurgeons, at least some of their Number appointed, shall be Examinators to the entrant Apothecaries: As likeways, they Joyned together in obtaining an Ratification of Parliament in anno 1670, of the foresaid Act; and so the Chirurgeon Apothecaries having both Priviledge and prescription of their Possession by vertue of the said Decreet Arbitral, and Homologat by the said Act of Erection, their Right and priviledge of vending and componing Drugs, cannot be taken from them without doing them unjustice, and the pretence of the Conclusion and incon­sistencie of the Calling; is ridiculous, the Trade of Apothecaries being no particular Cal­ling; and the Chirurgeon by his Art and Calling being oblidged to understand, and qua talis most be necessitat to have Skill, both of Drugs, Herbs, and other Chymical Ex­tracts for the Cure of those Diseases that are the proper object of the Calling; and the Chirurgeon Apothecaries not being now in acquirendo jure, but in the Possession of Rights and Priviledges Secured to them by Law, and Possect, past all Memory, the samen can by no means be taken from them: And as to the haill Points now contraverted are Establish­kd by Law; The King who has the sole Power has divolved it upon the Town, who have already Regulat and determinat their Points, and the indeavouring to alter their Rights now determined by Authority were to unhing the Government upon apprehen­sions or Reasons, that, there might be a better Government, which would be a prepara­tive to unhing all the Rights of King and People; and this beside the convniency and Interest of the People, that they be not compelled to Imploy two when one may serve; and the sustaining of this Declarator will be a preparative to all the Trades to quarrel the Constitutions of the Trade, and what the Town has done in this, is Ratified by King and Parliament, and that with the knowledge and concourse of the Apothecaries, so that it is more as an ordinary Ratification: As likeways, the King by the Patent granted to the Physicians, has appointed the Chirurgeon Apothecaries to be joyned with the Physician in the trying of the Drug, which was not done in Stile or by chance, but was under Debate, and Quarreled before the Council; and the Reservation in the said Patent is only as to Physicians, and not as to Apothecaries, and by the Act of Council it is declar­ed that the Chirurgeon Apothecaries, the [...]r Right shall be Ratified by the King, and to all the point of prescription is opponed and joyned, which is strongest in point of privi­ledge of any thing in the World; and the Immemorial possession is by consent publickly open and owned in all the Judicatoris of the Nation. Quinto, It was Triplyed for the Apothecaries before the said Procurators, that the Arguments founded upon the antiqui­ty of the Chirurgeon is no Argument at all, for albeit of Old, the Chirurgeons were the only Doctors als well as Apothecaries; yet now seing we are Civilised, and are Subject to the Diseases of other Nations, so the Supplicants policy has allowed of these Remedies, which in other Nations are exercised by several persons, all which is cleared by the Report by the saids Lords their Order taken thereanent of the Customs of other Nations, and as by particular Acts of Parliament; it is provided that the different Trades should be exercised by different persons; So by the Custom of Edinburgh, in all other Trades, it is observed, as cannot be denyed, and their Trades as being of greater con­cern, ought rather to be distinguished; and it is a Mistake to say that they are by their Erection confounded, for the Apothecaries adhere to their Erection and Seal of Cause, for the Erection is for the Chirurgeon-Barbars: And as to what is alledged, that the King did give the Power to the Magistrats to dispose and determine the Trades within the Town. It is Ansered, that the Power was not absolute and unlimited, but se­cundum bonum & aequum, the King has given the same Power to all the Royal Burghs in Scotland; and yet the Lords of Session Decerned the Magistrats of Burntisland, and gave the Burgesses thereof, Deacons and Gildrie, though the Magistrats thereof did Oppose it; and there is nothing in the Prescription founded upon, for before the year 1649, this Chi­rurgeon Apothecary was never heard of, and their first Writ is in the 1657 year of GOD; and although their Arguments as to the Town of Edinburgh, their having already determined [Page 28] might als well have been applyed to the two points of Blood letting, and application of Cere­cloths, which notwithstandig the Lords have already determined in, & it were absurd to prevent That the Town of Edinburgh by vertue of the power given to them, have power to con­found Trades and Employments without control, or to do any thing inconsistent with rea­son or the Interest of the people, and if they should do it, the Judge Orinary may and should redress it, but this debate is not contrary to any thing in the Erection, but most consistent & requisite for the simple Chyrurgeons, in whose favours the Erection is, for now neither the simple Chirurgeons nor simple Apothecaries can get a Prentice, seing the Prentice for the same C [...]arge a [...]d Pains can acquire both Trades; And the conclusion of this Declartor is not only that the Chirurgeon Apothecaries now, are not only to Elect of one of the Em­ployments, but likeways it was craved, that thereafter they might be discharged to take Prentices with relation to both Trades, or to pretend to Freedom in both, and it is no weight that the Expences of the Leidges is greater by imploying of two persons, for it is very well kown that the Chirurgeon takes both for his Drugs and Pains exorbitantly, and all the exorbitant priviledges were given the Chirurgeons by the Magistrats, upon the ac­count of their Interest in the Election of the Magistrat, and what is now craved by the A­pothecaries, is not only consistant with the Laws and Customs of other Nations, but agree­able to the Policy of this Burgh in all other Trades, and is much more observed in Lon­don, and well governed Cities, and all the Possession that the Chirurgeons can pretend to before the year 1657, can operat nothing, seing it wants a Title which is necessary for Prescription: Thereafter there was an Supplication given in to the saids Lords, by the said Apothecaries and simple Chirurgeons of the said Burgh of Edinburgh; Shewing, that where to that Action and Declarator first intented at the instance of the Apothecaries, against the Chirurgeon Apothecaries, and now concurred in by the simple Chirurgeons, as to that point or separa [...]ing the two Callings and Employments not to be exerced by, or con­founded in one person, and which single point hath been formerly fully Debated. It was therefore humbly craved, the saids Lords would advise the point, and give their Answer therein in jure, especially seing the saids Apothecaries, Raisers and Pursuers of their own Declarator, did humbly conceive they were not pro loco et tempore concerned to insist any farder in the other undetermined points of their Declarator, while the saids Lords should be pleased to give their determination in the point of Separation, as the said Supplication more fully bears, which being read in presence of the saids Lords, and they having heard seen and considered the samen, Declared that before advising of the point as to the Sepa­ration of the Employments, they would hear the Parties upon the points reserved to be determined in their said last interloquitor; and therefore ordained both parties Procura­tors to be read at the next calling, and accordingly the said Action being again called, and both parties compearing by their respective Procurators above named, the Procurators for the saids Apothecaries repeated the conclusion of their said Declarator, as to the other two points not yet insisted in, viz. Primo, That it should not be lawful for Chirurgeons to trouble Apothecaries, and put them to their Oaths upon alledged Contraventions, and their exerceing of any operations proper to Chirurgeons, but only according to the practice and observance of all other Trades, to deprehend them in the Act of Contravention, and which the Apothecaries craves no more against the Chirurgeons in case of their Contraventions, and exerceing the Employment of Apothecaries. Secundo, That in so far as concerns the Mem­bers of the Colledge of Justice, and others his Majesties Subjects residing in, or repairing to Edinburgh, not being Burgesses, they may without any restriction, make use either of Apothecaries or Chirurgeons, and that the Acts of the Town Council of Edinburgh relating to Priviledges of either of the said Employments, can take no further place but inter con­cives. To which it was Answered for the Chirurgeons by their said Procurators, that the foresaid Declarator, as to these two points now insisted on cannot be sustained, because as to the first, that the proveing the Contraventions by the contraveeners their Oaths, as a thing [...] in cases more ordinary, and less importance, as in the cutting green Woods abstracting of Multers, and lately by an Act of Sederuut, it is appointed that the Magistrats shall be Burgesses before them, and referr the Contraventions of the selling of Vivers at greater Rates than they allowed to the Contra­veeners Oaths. And here there is nothing to say as in other manual Trades. And as to the second point, it were against Reason to leave the strangers to the mercy of unskilful per­sons, while the Burgesses are priviledged for that they shal be served by skilful persons. Se­cundo, All the Town of Edinburgh has the Right, and are in the possession of provid­ing [Page 29] for strangers while they are in the Town, in all other things, and why not in this. Tertio. The Physicians their Parent does bear them to all persons within the Town als well stran­gers as others. And the Chyrurgeons Trade should be in reason as far extended, espe­cially, seing their Rights and immemorial Possessions does carry them to it. And by the late Act of Parliament Merchants are allowed to be put to their Oaths for in-bringing of Good Uncustomed or prohibite, which is in effect a Theft. Whereunto it was Replyed for the Apothecaries, That this manner of Probation cannot be allowed; for it would ruine both the simple Apothecaries and the simple Chyrurgeons. And therefore until that point of the Separation of the Trades should be first determined, and then the Decisions as to the manner of probation would be equal to both. Secundo, The general interest of the peo­ple is, That it shal not be in the power of any Trade to discover or bring in question His Majesties Leidges, as being subject to Diseases; which it may be they would think shame of, yea so much as to have it suspected, tho by the event it should not be proven. Tertio It is contrair to the inviolable Observance in the case of all other Trades who cannot prove any pretended Contraventions, either against unfree Men or Members of other Trades, ex­cept per manus subjectionem; and that they were actually deprehended in the Act of Con­travention. Quarto, If the contrair were sustained, that it might be lawful for the Trades to raise Process against Unfree-men, or one against another upon pretended Contraventions of their respective Priviledges. It behoved to kinde a Fyre amongst the Trades, and each of them to ruine and destroy others by calumnious Processes. Quinto, It behoved to open a Door to all Calumnie, Prevarication and Perjury. Sexto, There is a great Difference betwixt the case of general Laws or Poenal Statutes, the Contraventions whereof may be proven by Oath of Partie. And the priviledges granted to privat Trades and Incorporati­ons: For the observance whereof, there is no furder allowed by the practise of this and all other Nations, but actual Seizure and Deprehension, and even by the Ratification of Parliament in anno 1641 in Favours of the Chyrurgeons. It is evident that the Parliament allowed no more but actual Seizure and Deprehension. Septimo, If these were allowed, it should be in the power of Chyrurgeon-Apothecaries to ruine the simple Apothecaries and simple Chyrurgeons, by raising Process against them at their pleasure, and by calling them to attend such Processes, when they might be forced to go out of Town to attend their Pa­tients, and so might Be holden as confest; and so there is far greater reason why Oaths should not be allowed against Apothecaries; then in the case of other Trades where it is not allowed. Octavo. A thousand cases might occur wherein Apothecaries could not be cleared to Depone, whether the Operations done by them were Chyrurgical, or might be proper to be done by Apothecaries. All which may fully evince, that it is a most unjust and unwarrantable pretence that Apothecaries should be put to give their Oaths, which is contrair to the practise and observance of all other Trades, and would be destructive to the Apothecaries, and is contrary and prejudicial to the interest and Reputation of His Majest es Subjects: And as to the point of Possession and Prescription, the first time that this manner of probation is mentioned was in anno 1655; which is here said to be proved de jure, which imports nothing but legal probation; As the case requires, Secundo. They had the same pretension to the Cere-clothes, which notwithstanding thereof is regulat by the Lords according to reason and Law, and no Act of the Town of Edinburgh can be other­ways binding, but according as they consist with Justice and Law. And albeit they had that Act in anno 1655. Yet it was never pretended to be put in execution but twice, which appears to be meer collusion by Reading of the [...]aids Decreets. And as to the Extension, as to strangers the Declarator is most just and rational. First, Because as to the Colledge of Justice and its Members, it is their undoubted and uncontraverted Priviledge that they may imploy and make use of any Unfree Man, and much more may imploy Apothecaries in that which is proper to Chyrurgeons, And that therefore Apothecaries or Un [...]ree-Men, serving any of the Colledge of Justice, cannot be lyable for any Punishment for the same, that being an infallible Consequence founded upon the Priviledge of the Members of the Colledge of Justice. 2. The same also ought to be extended and communicat to all Strangers who are not Bur­gesses, because they cannot be subject as to the matter of their Health, to be limited and re­strained by any Distruction of Trades established within the Town of Edinburgh, except it were ratione delicti, or ratione rejectae, or the like, which is subject to the Jurisdiction of the Magistrats, and it is not denyed but if any Stranger would build or repair a House which lyes locally intra territorium & districtum of the Town, a Stranger behoved to make use of [Page 30] Workmen, according to the Distinction of the several Trades, because the House is res sitae within the Precincts of the Town of Edinburgh, and is the subject of the Operation, but what imaginable Colour of Law or Reason can be pretended that as to the point of a Stran­gers Health, he should be subject to the Regulation and Distinction of Trades within the Town of Edinburgh, why they may not intrust the same to whom they think fit, and to make use of the ordinary Apothecaries without the least restraint or hazard either to them­selves or their Apothecaries, and that the distinction of Apothecaries and Chyrurgeons of the Town of Edinburgh, shound only take place inter concives, these being the publick Constitutions of the Burgh, wherein either his Majesties Subjects are no ways concerned, To which it was Duplyed for the Chirurgeons, that the King having given the Town Right and power to regulat the Trades, & all Inhabitants within the Town, has consequent­ly given them all things requisite for it, and the not allowing the probation by Oath but by Seasure, were to involve the People, the patent Trades and all in unevitable Ryots and Pleas, and as it is impossible to prove the Contraventions but by Oath, so that he not al­lowing his Probation, were to take away the Priviledge it self. 2. If it be any mans right he may vindicat his Right by all legal Means, and that is a legal Probation cannot be denyed, and although this has been the Rule and way of Probtion ever until now, it cannot be pre­tended that ever any person was pursued but where they were guilty, and if they should have Expenses, which is the pana temere litigantium. 3. The King having given the Power of the Magistracy and Government not only of Burgesses, but of all Strangers coming to Edinburgh, so long as they are there they must be subject to the Rules and Government of the Town, and as Strangers cannot make use of other Artificers that are not Freemen, why ought they to make use of Chirurgeons, and the Chirurgeon Apothecaries being upwards of two hundred years in possession, by vertue of good and undoubted Rights the samen cannot be summarly taken away, whereunto the Apothecaries Triplyed, That all the Towns Rules in regulating of the Trades within the Town, does extend only to the Concives, for if otherwise, the Priviledge granted to the Colledge of Justice would be rendered Elusory and of non effect, and concesso aliquo concenduntur omnia sine quibus affectum sortire non poterit. 2. Albeit the Members of the Colledge of Justice, and other Strangers not being Burgesses, are subject and lyable to the Jurisdiction of the Magistrats of Edinburgh, upon any ground of Law that founds the Competency of their Jurisdiction, and if they should commit Riots, Slaughters or other Crimes, or were heretors of the Tenements or the like, yet the power and Jurisdiction of the Magistrats of the Town of Edinburgh, cannot respect any re­straint or Revolution of the cure of their health, the Acts of the Town Council being only politick Constructions of the Burgh which can be valid and binding against none but in­ter concives, and it is vain and frivolous to pretend, that they have a Power to make use of and call Apothecaries, and yet if they come they are lyable to be punished, it being abso­lutely inconsistent with the other, and would render upon the matter the same Limitation and distinction of Trades, as effectual against the Members of the Colledge of Justice and Strangers, as against other Burgesses and Citizens: And therefore the Apothecaries repeat and open that Declarator, which as to the whole Conclusions thereof, is most just and con­sonant to the Laws and Customs of other Nations, and to the constant observance and Cu­stom of the Town of Edinburgh in the case of all other Trades, and wherein not only the Apothecaries concur, but also six of the Chirurgeons, who have right to all the Liberties and Priviledges of the Seal of Cause erecting the Chyrurgeons into an Deaconrie and Incorporati­on; Which Summonds of Declarator pursued by the saids Apothecaries against the saids Chirurgeon Apothecaries of Edinburgh, and haill Points therein contained, with the several Disputes above-written following thereupon, being at length heard, seen and considered by the saids Lords, and they therewith being well and ripely advised, the saids Lords of Council and Session, Found and Declared, 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 Simples as any Druggist or Merchant may do, and compone such Druggs as are necessar for Chyrurgecal and and external Application, yet that they cannot compone any Medicament to be taken inter­n lly by the Mouth Reservand alwise from this Declarator to the Chyrurgeon Apothecaries that are presently actual Masters in both Imployments, and does actually keep Apothecaries Shops within the Town of Edinburgh or 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 [Page 31] 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 Constitut [...]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 als 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 p [...]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 [Page 32] 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 Lock­smith 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 Pretence, that the Case was a Matter of Government, and that His Majesty has granted a Signature in Favours of the Chyrurgeon-Apothecaries, and that the King's Advocat desires to be Heard in favours of the Chyrurgeon-Apothecaries. It was answered, the Insinuations are most frivolous; And it is strange how any man can please himself, or think it possible to delude others with such Conceits, and that every little petty Debate betwixt two privat Trades, must instant­ly be a great Question of Government. And it were certainly very unsuitable to that De­ference and Duty the Lords of Session owes to His Sacred Majesty, whose Royal Conside­ration is taken up with Matters of a Higher Nature, to trouble His Majesty with such pet­ty Concerns, which are only proper to be Cognosced and Determined by His Majesties Judicatures, which are Established for that very end. And as to the Signature in favours of the Chyrurgeon Apothecaries; it was strange how it comes to be mentioned, having al­ready received its Fate before the Lords of Privy Council: and it's great Moderation in the Lords of Session, who were so immediatly touched by the Extravagancies of the said Sig­nature, not to have taken notice of it before this time. And as to these Pretences, that the Interlocutor can be of no greater Force than a Law, which can only be extended ad ca­sus futuros, and cannot prejudge Apprentices who had jus quaesitum by their Indentures to both Employments. It was Answered, the Comparison is an evident Mistake; for the Lords Interlocutor is a Sentence in Jure, and a Decision in Point of Right, that these two Employments ought to be separate, and not confounded in the same person; so that it was impossible there would be Jus for the Confusion, that being directly inconsistent with the Interlocutor, it being certain that the Lords of Session cannot take away Parties Rights, neither pro praeterito, nor futuro: and therefore the Interlocutor by a necessity of Conse­quence, should have effect against the present Masters for the Separation in time coming, though the Lords has been pleased so far to indulge them as to allow them to Operat in both during their Lifetimes: but there is not the same Reason to extend the same Favour to Apprentices which would indeed evacuat the Interlocutor, and the Lords may as well Retrait what they have done, as satisfie the unreasonable Clamour of the Chyrurgeon-A­pothecaries, and neither they nor their Apprentices, can pretend to a Jus quaesitum, un­less they suppose the Interlocutor in Jure is unjust, which, whatever they think, it were a little too petulant to insinuat or express. And Laws are of a different nature from In­terlocutors in Jure; because Laws being inductivi Juris novi, are only to be extended ad negotia futura; but Interlocutors are Declaratory of Laws already made, and of distinct Rights formerly of their own nature established, and so does take effect, and regulat all Cases which are the Subject of Debates. And the Apothecaries humbly desire the Lords to take to their Consideration a former Petition given in by them, and at last to put a Pe­riod to these Debates, and to secure and render their Interlocutor ineffectual in time co­ming, and that it may not be in the power of the Chyrurgeon Apothecaries, to elude the same. And thereafter there was another Supplication given in to the saids Lords, by the saids Apothecaries & Chyrurgeon-Barbars of Edinburgh, Shewing, that where the saids Lords upon Advising of the Declarator Raised by the Petitioners against the Chyrurgeon-Apothe­caries, has most justly Found and Declared, that these should be separat Employments in time coming. It followed necessary, that the present Chyrurgeon-Apothecaries who were [Page 33] allowed to exercise both Employments dung their Lifetime should not upon the Pre­tence of the said personal Indulgence, be allowed to fall upon Methodso evacuat the said Interlocutor, and perpetuat the Confusion of these Employments. T [...] therefore the saids Lords would expresly declare, That it should not be lawful to the Chyrurgeon-Apothecaries to receive Apprentices, but as to one of these Employments, and that the Prentices be so look­ed; And that the present Chyrurgeon Apothecaries may be put to Declare, which of these Em­ployments they will take themselves to in time coming, as to that Point of Booking of Prenti­ces; otherways they will receive Prentices one year in Pharmacy, and another year in Chyrur­gery, which is most absurd. As likewise, That the present Chyrurgeon-Apothecaries may be Restricted to sit at one of the Tables, either of the Deaconrie of Chyrurgeons, or of the Frater­nity of Apothecaries, there being no more intended by the Interlocutor, than that the present Masters may Operat in both Employments during their Lifetime. And whereas the Petition­ers were Informed, that the Chyrurgeon-Apothecaries of design to evacuat the Interlo­cutor, were to crave, that their Apprentices who are already past their Prentiship, and Dis­charged of their Indentures, may be allowed to exercise both Employments during their Lifetime. The said Pretence is directly inconsistent with the Interlocutor, and tends to evacuat the same, and continue the Confusion of these Employments, and the Indulgence granted to the present Masters is ex gratia, and contrare to the common Grounds of Law, whereupon the saids Lords has sustained the Declarator for Separation in time coming. And the special Considerations that the saids Lords have gone upon, as to the present Masters, was, that they were in possession of both Employments, and had long Experience, and had Shops fitted with the Materials of Pharmacy, and Chyrurgery, which special Reasons do not in the least Militat for Apprentices who are not set up, many of whom will not be able to be Freemen in the saids Employments these ten or twelve years, by the Constitutions of the Burgh, and the Acts of the respective Employments. Thereafter it was humbly cra­ved, That the saids Lords would so Enlarge and Declare in the foresaid Interlocutor, That it may not be in the power of the present Chyrurgeon-Apothecaries, by their Methods of taking and Breeding of the Prentices in both Employments, to evacuat the same; and that they may be Restricted to Meet and Conveen only at that Table, at which they shall Condescend to Book their Prentices; that so these Points of the Separation being once ful­ly cleared, the Lords may at their convenience, proceed to Advise the other Points that are not yet Determined, as the said last Supplication also more fully contains. Which first Supplication above written, with the Answer made theret [...] by the said Apothecaries, and last Bill given in by them in manner above specified, being all read in presence of the saids Lords, and they having Heard, Seen and Considered the samen: and being therewith well and ripely Advised, the saids Lords Decerned the saids Chyrurgeon-Apothecaries Masters, who by the foresaid Interlocutor were allowed the exercise of both Employments during their Lifetime and the three young Men. viz. James Mu rhead, John Lauder, and Thomas Edgar, who by the particular Interlocutors, were declared to be in that Condition, albeit they be not as yet actually entered Masters in both Employments. To make their Election to Meet and sit at any one of the Tables of the said two Employments, and to declare their Election betwixt and Tuesday thereafter: and if they did not Declare betwixt and the said day, the saids Lords Decerned them to sit only at the Chyrurgeons Table, as the eldest and first e­rected Trade: and the saids Lords have found, that no Master can hereafter take Prentices to make them Freemen in Edinburgh in any of the saids two Employments, except that at which they sit at the Table, and that all the Prentices already entered, are to be free only in that Imployment and Trade at which their Masters sits at the Table. In Obedi­ence to the which Interloquitor, there was an Condescendance given in by John Jossie Chyrurgeon-Apothecary, written and subscribed by him, and declaring his Election to be to meet and sit with the Apothecaries, as the said Declaration and Condescendance, dated the day of March instant, extant in Proces more fully bears: And thereafter there was another Supplication given in to the saids Lords, by the Chyrurgeon-Barbers of Edin­burgh shewing, That where in the Erection of their Deaconry, and in the Confirmation thereof by King James the fourth, as also by the Decreet-Arbitral of King James the sixth, there is not so much as any word of concerning or signifying such a thing as a Chyrurgeon-Apothecary, which never came to be in practice till the time of the late unhappy Troubles & Confusions, & was never so much as named under that Designation in any publict Writ, till the time of the later and more unhappy Usurpation anno 1657, which yet does not any ways Erect or Authorize them as such, and that the foresaid ancient Deaconry flourished in a good condition, with an oppulent Box, ti l the Chyrurgeon-Apothecary crept in amongst [Page 34] us, who deriving [...]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 t [...]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, they ordained the Chyrurgeon A­pothecaries to have answered the samen again the next day thereafter, and thereafter there [Page 35] 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 Tr [...]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 [...]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 [Page 36] Points having been fully Debated several times, as is well known to the Lords themselves. But Secondly, The Apothecaries and Chirurgeon-Barbars do oppone the several Bills and Answers given in on both sides, and extant in Process, since the Lords did pronounce their first Interlocutor for separating the Callings; but especially Sir George Lockhart Answers to the second Bill, since given in for them by the Lord Advocat which is lying in the Clerks hands, by which it clearly appears that the Separation of the Tables was necessari­ly consequential to the Saparation of the Callings, and without which the first Interlo­cutor was no perfect; So that it was calumnious for the Chirurgeon Apothecaries to pretend a Surprisal, it being about a Month as will appear by the Dates of the saids Bills and Answers since they were well acquainted with the Point, in respect whereof, and that the Chirurgeon Apothecaries design was only to drive off this Session, that thereby they may render the Lords Sentence elusory and of none effect, by hindring the samen to be Ex­tracted, and so to continue and perpetuat the Confusion; And it was therefore hoped that the saids Lords would have no regard to the Petition, nor any other of that nature, but furthwith Order the Extracting of the Apothecaries Decreet, especially seing the Ser­vices which some of these Chirurgeon Apothecaries pretend to have done to His Majesty in his greatest difficulty were neither so great, nor so long continued by very far, as they rendered to his Enemies of both Nations, who brought His Majesties Royal Father and himself unto those difficulties, which last Supplication and Answers above written made thereto, being likeways in read presence of the saids Lords, and they having also heard, seen and considered the same, refused to stop the Extracting of the foresaid Declarator, but de­clared that if the Petitioners had any thing in Law to represent upon the morrow there­after, against the oblidging them to sit at one Table, and to have the priviledges of both they would hear them: and thereafter there was an other Supplication given in to the saids Lords, by the said Chirurgeon Apothecaries, shewing, That where they immediatly after sight of the saids Lords their last deliverance upon the foresaid Bill given by them, past that same Afternoon, which came to the Supplicants hands late at Night: the Petiti­oners did their utmost endeavour to procure meeting of their Advocats, which after all imaginable diligence they could not obtain, in respect they were surcharged with a crude of Affairs the penult day of the Session, and seing there were a great many matters of Fact coming daily to the Petitioners knowledge, whereby the inconsistency of the separation of the two Tables of Chirurgery and Pharmacy during the Petitioners lifetimes, even to for­mer Interloquitors will unquestionably be made appear, and which requires only the de­liberat advice of their Lawyers to put in form. It was therefore humbly craved, the saids Lords would ordain the Petitioners Advocats to Consult them therein, to the effect the saids Lords might be fully cleared in that point, being confident to assert, that nei­ther the Pursuers nor Physicians their assistants has or shall be, have more loyaltie towards his Majesty (some of the Petitioners being at Worchester Fight attending upon his Person, and sequestrat for their loyaltie by the Usurpers) nor has been, nor shall be more obsequous and ready to serve the saids Lords and Leidges with their skill and pains with the Petiti­oners, who has given proof to the whole Nation, how useful and necessar these Employ­ments has been in their persons, as the said last Supplication also extant in Proces more fully bears, and which being likeways read in presence of the saids Lords, and they having heard, seen, and considered the samen, found the desire thereof improper for them to meddle in, and refused to give any stop upon such pretences: and ordained the Decreet to be given out, Extractum de libris actorum per me sic Subscribitur George Mackenȝie Clerk Register.