Decreet of Separation, The Apothecaries of Edinburgh, Against The Surgeons there.  
AT Edinburgh, the 24th day of March 1682 years. Anent the Libel first intented and pursued before the Provost and Bailies of Edinburgh, and thereafter Advocate of consent of both Parties Procurators after-named, to the Lords of Council and Session, and which Summons is raised at the instance of Mr. James Nisbet then Deacon of Surgeons of Edinburgh, and in name and behalf of the remanent Brethren and Friends Surgeons 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 said's Bailies, for his alleged Operating in Chirurgery, he not being a Freeman of that Trade and Calling, as in the said Libel, Summons, or Precept raised in the said Matter at more length is contained. As also, anent the two mutual Summons 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 hail Freemen Apothecaries in the said Burgh, Viz. John Kennedy Visitor, James Foulis elder, Robert campbel, Hugh Neilson, Thomas Dalrymple, John Hepburn, James Aikenhead, John Foulis younger, Mr. Alexander Hay, Mr. James Macmath & James Lothian, Freemen Apothecaries, Burgesses & Gild-brethrens of the said Burgh of Edinburgh, lawfully entered, admitted & received, to whose great hurt and prejudice in the free Exercise of their Employment as Apothecaries, the Acts, Ratifications, and other Writs , are alleged, purchased and procured, at the least are made use of by the saids Chirurgeons, against the saids Apothecaries, to the prejudice of the just Privileges of their Employment as Apothecaries, and their assiduous attendance upon the King's Subjects their Patients in their said's Employments, as for the Health of his Majesty's 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 Surgeons and Chirurgeon 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, Bailies, 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, touching the said Surgeons 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 alleged passed by the pretended Parliament 1641 years, whereby certain Privileges, Writs and Rights, are alleged ratified to and in favours of the Surgeons of Edinburgh, & particularly giving them Power to take, apprehend, and imprison unfreemen Contraveeners of their Privileges, 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 forty one years foresaid. Item, An Act of the Town-Council of Edinburgh, of the date the _____ day of _____ one thousand six hundred and forty three years, Wherein the applying of Cerecloaths are discerned properly to belong to the Surgeons. 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 Surgeons allenarly. Item, An Act and Ratification passed in favours of the Surgeons in his Majesty's late Parliament 1670 years, or of whatsoever dates, tenor, or contents the 'samine are of, to be seen and considered by the saids Lords, and to have heard and seen the 'samine reduced, retreated, rescinded, cassed, annulled and discerned 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 said's 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 said's 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 Employments as Apothecaries, as they questionably are, and formerly have been in use of exercising the 'samine, until the said's Lords shall by the advice and council of disinterested, learned and capable Physicians, and with a due regard to the Interest of his Majesty's 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 Surgeons, as the said's Lords shall in Justice, and by Advice foresaid, think most fit and proper for the health, ease and conveniency of his Majesty's Subjects, and due encouragement, 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 Chirurgery being sua distinguished by the saids Lords as said is, all such Apothecaries and Surgeons who take upon them to use and confound both Callings, while as yet undistinguished, to hear and see themselves discerned and restricted to make their choice and election, which of the said's two Callings they will exercise and practise in time-coming; And to hear and see themselves discerned liable to observe the Rules and Orders sua to be prescrived, either as simple Surgeons, 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 Surgeons ought neither to make or apply the same, and als that its lawful and leisum to the Apothecaries to use Phlebotomy 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 shall not be lawful or competent upon any pretended contraventions of the said's 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 shall not be lawful to parties to give their Oaths for any such alleged 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 party's , in withdrawing him from the  attendance upon Patients, His Majesty's Subjects, by acquiring him to attend a Law suit for giving his Oath, upon pretence of his contraveening of the alleged privileges of the Surgeons, not as yet by His Majesty, or the saids Lords upon a full hearing of all parties concerned, Cleared, Settled, or Determined, and to hear and see themselves discerned to desist and cease from all further 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 Supreme Faculty of Medicine is in itself, a free and liberal science, and aught in all the Branches thereof, be kept and used als freely as any other liberal Science, with a just Respect to good order, and the decent constitution of the Kingdom, seeing 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 humour or interest of a few for their own Interest and ends concerned; And therefore all Limitations or Restrictions upon the Physician Apothecary, or Chyrurgon, either in their common or proper Employments as contrair distinguished one from an other does belong and ought only to be given by His Majesty and his Supreme Judicatories as the King, and they with the advice of able, learned, skilful and disinteressed Physicians, shall find most consistant with His Majesty's honour, the Laws of the Kingdom, and most convenient for the ease, health and conveniency of His Majesty's good Subjects, and so ought not to be presumed upon, to be determined and discrived by Acts of Particular burgh's and their Councils, the Members whereof are many times Persons altogether ignorant of the very names and terms of Art used in Physic pharmacy or Chirurgery, and so very unfit and unqualified Judges, to set Limits and Marches betwixt pharmacy and Chyrurgie, or to prescrive Rules to the Physicians Pharmacian and Chirurgeon in their proper or distinct Employments; and therefore that pretended ratification Abovewritten, passed in the pretended Parliament 1641. aught 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 obliged to, especially if they be Freemen Apothecaries of Edinburgh; And that the foresaid ratification was but sureptitiously purchased 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 aught 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 Freemen Apothecaries, als we'll lawfully admitted Burges and Gild-brethrens of Edinburgh, as Masters of Public Appothecaries' Shops there. Secundo, And for the Reason's foresaid the  Towns Act in anno 1643. aught to be reduced, because it is given a non competenti Judice as said is, and it's against common sense 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 discerned to belong properly to the Surgeons, exclusive of the Apothecaries; and seeing the Subject matter of Chirurgery is to mend, recover and restore Luxations fractors and dissolutionem continuii, it is ridiculous to allow the Apothecary 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 Cerecloaths, in favours of the Apothecaries altogether elusory and ineffectual, for seeing by a late Invention, some Apothecaries have crept in to be Surgeons, such Surgeons will never make use of Cerecloaths made by simple Apothecaries, but will force the Friends of the Defunct to make use of Cerecloaths, 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 detriment and discouragement of the simple Apothecary. Tertio, The Towns Act in anno 1655. Above-written aught to be funditus reduced, not only because it is an high incroatchment upon what properly belongs to His Majesty & his Highness' supreme 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 itself most unjust absurd and unwarrantable: As first, In turning all the Distempers therein innumerated Statutory in Favours of the Surgeons allenarly, which is but merely narratory in the Act 1643; and these controverted as indifferently used, als well by the Appothecaries as by the Surgeons of the Burgh, as in finding the Consent and Concessions alleged 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 diet and Medicament, and all other requisite for perfecting of the Cures of the Distempers therein-mentioned with their accidents, which near comprehends all Physic to the Surgeons allenarlie, and to none others for which no shadow of Reason can be given, except the unwarrantable Gratifieing of the Surgeons, for the countenancing and continuing of the Factions designs of the then Magistrates, those endeavouring what in them lay to Establish in the time of an Usurpation, a certain Mock Borrow College of Physicians, by Inhancing all Physic 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 Privileges by the acclaimed as proper, and only competent to their Art and Calling. And therefore, the said's pretended Acts, Ratifications and others respective above-written, ought and should be Reduced, Retreated, Rescinded, cass, Annulled, Discerned, 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 said's 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 said's Defenders to hear and see it by Decreet of the said's 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 Employments as Appothecaries as they presently are, and formerly have been in use of Exercising of the samen, until the said's Lords shall by the Advice and Counsel of disinterested 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 Surgeons as the said's Lords shall in Justice, and by Advice foresaid think most fit and proper for the ●ealth, ease and conveniency of the Subjects, and due Encouragement, 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 ancient Kingdom; and which two Callings of Appothecary and Chirurgery, being sua distinguished by the saids Lords as said is, all such Appothecaries and Surgeons, who take upon them to use and confound both Callings, whilk as yet undistinguishbd, to hear and see themselves Discerned, and Restricted to make their Choice and Election, which of the said's two Callings they will practise and Exercise in time coming, and to hear and see themselves Discerned liable to observe the Rules and Orders sua to be prescrived, either as simple Surgeons, 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 said's 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 alleged 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 , in withdrawing him from his necessary Employment and attendance upon his Patients His Majesty's good Subjects, by requiring him to attend a Law suit for giving of his Oath upon pretence of his contraveening the alleged Privileges of the Surgeons, not as yet by His Majesty, or the saids Lords upon a full hearing of all Parties concerned, cleared, settled or determined, and to hear and see themselves discerned to desist, and cease from all farther 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 Summons of Reduction and Declarator; more fully bears, and the other of the saids Summons at the instance of the said Doctor James Nisbet, than deacon of the Incorporation of the said's Cherurgeons, Alexander Pennycook, Thomas Kincaid, James Cleiland, Walter Turnbulls, John Joyssie, William Borthwick, and George Stirling, than 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 Barbers 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 Barber 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 Summons makes mention, that where the Lord Provost, Bailies 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 Month of July, and year of GOD 1505 years, for the good and onerous Causes therein mentioned, did gift and grant to the Cherurgeons and Barbers within the said Burgh of Edinburgh, for the time being, and to their Successors, the Rules, Statutes and Privileges under-written, consonant to reason, known to His Majesty & His Highness' Pregenitors of glorious and worthty Memory, and to the profit of the said good Town of Edinburgh, and all his Majesty's Subjects and lieges, viz, Imprimis, That the said's Cherurgeons might yearly choice 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 occupy or use any points of the said's Crafts of Cherurgery or Barbour Crafts within the said Burgh of Edinburgh, but he that bees first an Burges and Freeman of the said Craft, and that he be worthy and expert io all the points belonging to the said Craft, diligently and advisedly examined and Admitted by the Masters of the said Craft, for serving of his Majesty's lieges 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 their points following, that is to say. That he knew Anatomia, Nature and Complexion, and every member of humane Body, and likeways than he knew all the Veins of the samen, that he may make Phlebotomy 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 said's Surgeons and their said's 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 said's Crafts, or should occupy any point of the samen, should pay his Upset at his Entry, with an Dinner to the Masters of the said's Crafts, at his Admission and entry amongst them, exceptand every Freeman Master of the said's Crafts, one of his lawful got 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 Apprentice or fied man to use the Chirurgeon Craft, without he could both Read and Writ, and the saids Master of any of the said's Crafts that takes any Apprentice, should pay at his entry 20 shilling Scots Money, and that no Master of the said Cr●ft should reset nor receive any other Master's Apprentice nor Servant while the Is 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 said's Crafts, should pay his weekly Pennies, with other deuce 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 choice 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 said's 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 own the samen, and give any disobeys, that they might Poynd and distrenʒie them, therefore having an Officer of the said good Town with. Item, that no Master nor Freeman of the said's Crafts, Purchase any Lordship in contrair the Statutes and Rules above Written in hindering Skaithing of the Crafts foresaids, orcomon we'll thereof, under the Pain of Tinsel of their Freedoms. Item that all the Masters, Freemen and Brethren of the said's Crafts, reddily obey and come to their Kirk Master and Deacon, at all time when they shall be required thereto, be the said Officer for to hear quarter Counts, or advise any thing concerning the common we'll of the said's Crafts, and whoso disobyes the samen should pay twenty Shillings Money foresaid, as the said Seal of cause of the Date foresaid containing divers and sundry others Heads, Articles and Clauses at mair length proports. Likeas his Majesty's 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 Bailies 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, lieges 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 Master's men of Chirurgeon and Barber Craft, in the hail Points and Articles thereof, after the Form and Tenor of the samen, and straight Charged and Commanded the saids Provost Bailies, and others his Officers lieges and Subjects, that they nor none of them should take upon hand to do or attempt, any thing in contrair or breaking of the said's 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 said's Craftsmen, disobyed or did any ways come in contrair the said's Satutes, the saids Provost and Bailies then present, and thereafter that should be recommended to Compel them to obey and fulfil the said's Statutes, as effeirs in all things after, the Form and Tenor of the said's Seal of Causes, under the pains foresaids, as the said's Letters of Ratification of the Date foresaid at more tenth bears. And sicklike Mary Queen of Scots, be her Letters of Gift under the Privy Seal of the said Kingdom of the Date the 11th day of May, the year of God, 1567. years, for the Causes therein nominat, gave and granted Licence to all, and sundry Chyrurgenos, Inhabitants of the said Burrows of his tRealm then present, and to their Posterity for the time being Surgeons, 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 worthy, To use and Exerce the said Craft and no others, that they should nought bear Armour, nor pass in Battle in any Hosts, Roads gathering Assemblys, Wapon shawing or Weirs, to be made by the Kings and Queens of the said Realm, or their Successors, or their Lieutenants or wairdanes be Burgh Sea or Land, within the said Realm, not out with the samen & also 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 Judgement, and fight of their said Craft, allenerly Eximand, and Discharging them there Frae in all time coming, and witted and granted the said's Surgeons then present, and their Posterity of that Occupation, nor none of them should be called, nor accused therefore, nor Incur any Danger or Skaith there thorough in their Lands, persons or Goods or any otherways in time coming, notwithstanding of any Acts, Statutes and Proclamations or Charges special, 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. Surgeons 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, Crowner's, Justices, Justice-Clerks Thesaurer, Thesaurer Clerks, Provosts, Aldermen, and Bailies of Burrows, and all other Officers, and Ministers of the Laws and their Deputs present, and to come of calling Attaching, Arresting, Summoning, Adjourning, poinding, Troubling or Intrometting with the said's Surgeons then present, and their said's Successors of that Craft, or any of their said's 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 Majesty's dearest Grandfather King James the 6th. of ever Blessed Memory, by his Letters of Ratification, superscribed with his Majesty's Royal Hand, and subscribed by the Lords of his Majesty's Exchequer, of the Date at Greenwich the 6th. day of June 16●3 years, Ordained a Letter o● Confirmation to be passed under the Seal of the said Kingdom of Scotland, in Favours of the Incorporation of the said's Chirurgeons of Edinburgh and their Successors, Ratifying their Rights and Privileges in manner . And accordingly his Majesty's 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 said's Letters made and granted by the saids Provost and Bailies of Edinburgh, and Council thereof, under their said common Seal of Causes, of the Date , to, and in Favours of the said's Chirurgeons and Barbers of the said Burgh of Edinburgh, from all and sundry the foresaids Privileges, Freedoms, Liberties and Immunities above-written, at length specified in the said Seal of Causes, and Ratified and Approved, and for him and his said's 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 antient Kingdom of Scotland, of the Date foresaid whereby the foresaids Rules, Statutes and Privileges, 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 deceased Queen Mary his dearest Mother of worthy Memory, under the Privy Seal of the said Kingdom, of t e Dare , Exeeming the Chirurgeons from bearing of Armour, passing in Battle, and from Reads, Hosts, and Gatherings, Assemblies, Wars, and Weapon-showings, and from passing upon Assizes and Inquests in Actions Criminal or Civil, and containing the other Privileges above mentioned, together with all Acts and Decreets given by the saids Provost and Bailies of the said Burgh of Edinburgh, in Favours of the Deacon and Brethren of the said's Chirurgeons and Barbers 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 said's 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 the saids Provost, Bailies, 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 Chirurgeons and Barbar-Craft, bearing, That it is specially provided in the Seal of Causes, and others, Gifts and Privileges, 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 Privileges of the Burgh. Nevertheless the hail Apothecaries of the said Burgh, daily use & exerce the said Craft of Chirurgery, they neither being Freemen thereof, nor privileged thereto, neither having Speculation nor Knowledge thereintill, to the great hurt of the Liege's who in their Maladies may come to their hands.  the saids Provost, Bailies and Council of Edinburgh, Ratified and Approved the foresaid Gift under the Seal of Causes, of the Date above-written, and for more strengthening thereof, and hail Causes therein contained, they by their said Act, Discharged the saids Apothecars, and all others not Freemen Chirurgeons, not tried not admitted by them, of all using and exercing the said Chirurgeon 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 said's Chirurgeons and Barbers, and their Officer, in poinding for the said's Unlaws, as the said Act at more length bears. And further, the saids Provost, Bailies, 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 Liege's 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 Chirurgery, they be provided with skilful and honest men, and not left to the Arbitrament and Imposture of Women and Ignorants. Therefore the Provost, Bailies, and Council of the sa d Burgh of Edinburgh, did inhibit and Discharge all and sundry persons whatsomever, not being Freemen of the Chirurgeons of the said Burgh of Edinburgh, and who have not given sufficient proof of their qualification and knowledge in the said Art of Chirurgery, of all using and exercising of any point of the said Art, within the Bounds and Privileges pertaining to the said Burgh of Edinburgh, and appointed the Magistrates of the said Burgh to be Judges in all Controversies which should arise betwixt the Inhabitants of the said's Bounds, and the Brethren of the Surgeons and Barber Craft foresaid, as in the said Act of Council of the Date foresaid at mo●e length is contained Attour His Majesty's deceased Father King Charles the First of ever blessed Memory and His Estates of Parliament, convened in Anno 164● years, by Act of Parliament, Entitled Act and Ratification in Favours of the Surgeons and Barbers of Edinburgh, Dated at Edinburgh the 17 Day of November 1641 years, ratified and approved, & for him & his Successors, perpetually confirmed all & whatsoever Privileges, Liberty's an● Immunities, made, given and granted by the Provost, Bailies 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 said's Surgeons and Barbers 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 . And sicklike ratified and approved, and for him and his said's Successors, perpetually confirmed by Letters of Approbation and Confirmation made and granted by the Deceased K. James the sixth, His Majesties said Grand Father, under his Privy Seal at Greenwich of the Date above-written, whereby his Deceased Grand Father willed and granted, and for him and his Successors, Discerned, 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 Chirurgeon & Barbers in all time coming, together also with the said Act, Dated the tenth Day of September 1641 years, whereby the said's Provost, Bailies and Council of Edinburgh did Inhibit and Discharge all and sundry persons who were not Freemen Chyrurgion-Barbars, from using or exercising any point or part of the Chirurgeon or Barber Craft, as well with out the Burgh of Edinburgh and Liberties thereof, within the hail Bounds of the samen, as within the said Burgh of Edinburgh itself, and whereby the Magistrates 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 of Chirurgery, 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 Majesty's Dearest Father with Advice and Consent of the said's 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 Chirurgery 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 Freemen of the said Art within the said Burgh, and to cause them set Caution to desist in time coming, and if they failyie, to unlaw them in the Sum of Twenty pounds' Scots Money toties quoties: And this was ordained to be done with concourse of the Magistrates of the said Burgh of Edinburgh, and the said's Magistrates are ordained to be Judges in all contraversies that should arise hereanent, betwixt the saids Chirurgeons and Barbers, & any within the said's Bounds, and als are ordained to concur with the said's Chirurgeons and Barbers, to the effect foresaid, als the said Act of Parliament of the Date foresaid at more length proports. Moreover, the saids Provost, Bailies, 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, Bailies and Counsel of the said Burgh that there were divers Differences likely to arise betwixt the Deacon and Brethren of the Chirurgeons 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, Embalming of Dead Corpse, Applying of Sparadraps, Cureing of Varrol, Scurvies, Water-Cankers, Diseases of the Hernia, Buboes, making of Phlebotomy, applying of Ventoses, Fomentations, Loch-leeches, Canters, Vesicatores, Applying of Plasters, and all other manual Operations, which were thought by the saids Chirurgeons 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 Chirurgeons and Apothecaries, which the Provost and Bailies and Counsel of the said Burgh foreseeing, and being willing to preveen the samen: Therefore they appoint certain persons of their own number to Conveen before them both the said's Parties, and to try and cognosce what did properly belong to the said's Chirurgeons, 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 said's Parties, and their consenting to the said Report, the said Provost, Bailies, and Council of the said Burgh of Edinburgh, Discerned and Declared, that the Application of Cereclothes to Dead Bodies within the said Burgh of Edinburgh and Liberties contained in the said Chirurgeons Gift, should properly belong to the said's Chirurgeons, 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 said's Chirurgeons if they should be employed by the said Apothecaries, to apply any Cereclothes made by them, not to refuse the samen: And also Discerned 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 said's Chirurgeons, 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 said's Bodies of Men, Women or Children, as the said Act of the Date foresaid at more length proports, And als the said Provost, Bailies 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 Freemen Chirurgeons and Barbers of the said Burgh did sustain by the Un Freemen Chirurgeons and Barbers in the Cannongate, Leith and other Suburbs & Pendicles of the samen, They did therefore by the said Act require the Bailies 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 Chirurgeons and Barbers within their several bounds foresaid, and that none should exercise the said Craft, nor put out Signs nor Basins, while they obtained Liberty from the said Craft, and were subject to the Orders & Injunctions of the Deacon and Freemen of the said Incorporation of the Chirurgeons of Edinburgh, as the said Act at more length proports. Likeas, the said Lord Provost, Bailies and remanent Council of the said Burgh of Edinburgh, by an other Act Dated the 27 Day of June 1649 years, appointed the Deceased John Denholm then one of the Bailies of the said Burgh to go down to the Cannongate with Umquhile James Borthwick, than Deacon of the Surgeons, and to see Course and Order taken with the Unfree-Men, there, and with the Unfree Men Barbers 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 Bailies 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, Bailies, and Council of the said Burgh of Edinburgh by an other Act, Dated the 8th Day of the Month of July 1649 years, did call before them Robert ●riest▪ Andrew Robertson, John Stevenson, and William Burn Barbers 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 Chirurgery and Barber Craft within the Cannongate, They absolutely denied that they did exercise any point of Chirurgery, 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, Tolerance, 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 Barbers 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 Bailies of the Cannongate by their Act, Dated the 22 of August, 1649 years foresaid, Ordained the Barbers of the Cannongate to take in their Signs, until they become obedient to the Deacon and Trade of the Chirurgeons of Edinburgh; and accordingly Robert Priest, John Stevenstone, Andrew Robertson, John Bowstone, Robert Yule and Andrew Turnbul, Barbers in the Cannongate, Compeared before the saids Bailies, and willingly, and of their own accord, did in Obedience to the foresaids Acts and Order, submit themselves thereto, and were willing to subject themselves to the Deacon and Craft of the Surgeons of Edinburgh, their Orders and Injunctions as in the said Act at more length is contained. And in like manner, the saids Provost, Bailies, 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 said's Acts, the Bailies of the Cannongate had done no Diligence against Unfreemen; therefore the saids Provost, Bailies, and Council of the said Burgh of Edinburgh, ordain the Bailies of the Cannongate Regality and Barony of Brughtoun the Bailies 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 Concurrence to the Deacon of the Chirurgeons and Barbers of the said Burgh of Edinburgh, in taking Order with the Unfreemen Chirurgeons and Barbers, and all such as were Disobedient to their Orders and Injunctions, within their several bounds respective above written: and especially ordained the Bailies of the Cannongate to Discharge the Persons above-nominat, and the Barbers within their bounds and all other persons whatsoever, from taking upon hand to exercise the said Art of Chirurgery or Barber Craft, and from putting out Signs and Basins in time coming, till they obtain Liberty from the Chirurgeons, 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 Bailies to take in their Signs and Basins, and to compel them to Obedience. And in case the said's Bailies should happen to neglect or slight their Duty, then, and in that case, the Magistrates of the said Burgh of Edinburgh, or the Deacons of the said Chirurgeons and Barbers of Edinburgh, with Concourse 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 said's Unfreemen and to compel them, and all other Persons whatsoever, exercising the said Trade of Chirurgery 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 requisite, for curbing of the said's Unfreemen, and bringing them to due Obedience or Punishment; and ordained the said Act to be extended against all Unfreemen within the hail Bounds of the Privilege, and Jurisdiction of the said Burgh of Edinburgh, Pendicles and Suburbs of the samen whatsoever, in time coming, as the said Act at more length proports. And farther, the Bailies 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 Barbers in the Cannongate, to take in their Signs and Basins, and to exerce no part of Chirurgery, nor Barbar-Craft within the Cannongate, nor Privileges thereof in no time coming, while they obtain Liberty, and were subject to the Orders and Injunctions of the Deacon and Freemen of the Chirurgeons and Barbers 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 Chirurgeons and Barbers 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 Chirurgeons of Edinburgh, should pay no more for the Burgessships' than other Prentices, they always showing a sufficient Testimonial that they are Booked in the Books of the Incorporation of the Chirurgeons and Barbers of Edinburgh, and no otherways, as in the said Act at more length is contained. Moreover, the said's Bailies of the Cannongate, by another Act Dated the 7th Day of February 1649 years' foresaid, did Decern & Ordain their hail Barbers of the Cannongate, to compear before the said Deacon and Craft of the Chirurgeons of Edinburgh, within their convening houses in the said Burgh of Edinburgh, and there to subscribe an Act in the Chirurgeon and Barber 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 Deuce 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 Bailies of Cannongate, by another Act dated the 10th day of February 1654. years. Did Statute and Ordain, that every Apprentice of the Barbers in the Cannongate should pay no more but 10 pounds' Scots Money for their Burgeship of that Burgh, the said's Prentices always showing an sufficient Testimonial that they were booked in the Books of the Incorporation of the Surgeons 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 farther, the said's Bailies did Statute and Ordain, that the hail Prentices of the Barbers of the Cannongate, their Designations and their Burges Tickets, should be Barbers allanerly, and not Surgeons, as the said Act at more length proports. And farther, the said Provost, Bailies 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 Surgeons 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 Tumours, Wounds, Ulcers, Luxations, Fractures, curing of Verols, etc. and their accidents, by Operations Applications, Diet, Medicaments, and what else requisite to the complete Cure, belongs properly to the Freemen Masters Surgeons of the said Burgh of Edinburgh, being tried in Theory and Practice, sworn and admitted to the degrees of Mastership in Chirurgery 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 Surgeons 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 liable 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 further Process of Law: And seeing that William Jackson, Servitor to John Hamilton Apothecary was found to have contraveened the said Act of December 1643, the said Provost, Bailies and Council, ordained him to pay the said Unlaw of 20 Pound toties quoties for ilk Fault, and referred the further Censure of his Misbehaviour to the Bailies. Likeas, The said Provost, Bailies and Council, did by the said Act, Ratify and Approve the whole former Acts of Council made and granted in favours of the Surgeons 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 Bailies, 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 paid the foresaid Sum of 40 Pound to the Bailies of the said Burgh of Edinburgh, they did send by the hand of James Grace one of their Officers, the Sum of 20 Pounds, as being the equal half of the said Fine, to the deceased William Burnet Deacon of the Surgeons of the said Burgh of Edinburgh for the time, to be applied by him for the use and behoove of the said Incorporation of the Surgeons, conform to their Seal of Causes, Rights and Privileges , as authentic Instruments taken thereupon in the Hands of Robert Adamson Nottar Public, of the date the 10th day of September 1655 years, at more length proports. And in like manner, the said Provost Bailies & 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 thenceforth 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 Successors for their Trial and Examined, and that Report should be made by the Appothecaries and Appothecarie Surgeons 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, Warrant and Commission to the said's Appothecaries, and Chirurgeon Appothecaries, and their foresaids in all time coming, to Try and Examine the Abilities and Qualifications of all such Persons who intent 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 privately or public 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 Bailies, one or more for the time, with the Dean of Gilled, and two or more of the Appothecaries and Chirurgeon-Appothecaries, and their foresaids, to be nominat & appointed by the Council, being Persons of most approven Integrity & 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 haver's 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 applied 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 Bailies 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 deceased Arthour Temple Chirurgeon, to be one of the Captains of the said Good Town of Edinburgh: And seeing that by the Laws and Customs of most part of Kingdoms and Nations, Men of that Profession are always exemed 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 Surgeons having many and divers ancient Rights, Liberties, Privileges 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 Surgeons, 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 Supply their other Offices and Places of that sort, and that the Surgeons might be Free thereof in all time coming, and that they might have the full Employment and peaceable Possession of all their several Rights, Privileges, Immunities and Exemptions granted and Ratified to them, and Ratified in manner . 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  for the Good of the lieges, and for the Encouragement of the Surgeons to the due Ties of their Callings; and therefore, did grant to the said's Surgeons, Freemen 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 Employment 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 ancient 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, Surgeons Freemen 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 Trusty and well beloved Cousin and Counsellor John Earl of Athole (now Marquis of Athole) His Majesty's 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 Surgeons of the said Burgh of Edinburgh for the time for himself, and in Name & behalf of the remanent Members of the Surgeons, and Chirurgeon Apothecary, within the said Burgh of Edinburgh, did present a Petition, showing that notwithstanding of the manifold Liberties, Privileges, Immunities, & Exemptions granted to the said Incorporation of the Surgeons 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 Summons 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 justiciary, 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 said's 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 deceased James Ra●stone Glazier 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 Majesty's Trustee Counsellor Sir John Nisbet of Dirltoun, Knight then His Majesty's Advocate for his Highness' interest in that matter, and William Mason Mason in the Cannongate, than 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 deceased James Ralstone did die of wounds mentioned in the said's 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 said's Cherurgeons were compearing personally and Deponing thereanent, and  craved that the said's Surgeons might be unlawed for their absence, unto which it was answered, that the Surgeons 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 faithful discharge of their Employment, the Lords Commissioners of Justiciary having considered the Premises in respect that the Surgeons 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 Surgeons, as in the Decreet and Process led and deduced thereanent, and extracted under the Sign and Superscription Manual of Mr. Robert Martin Clerk to the said justice Court at more length is contained: and farther, His Majesty and Estates of Parliament of this ancient Kingdom of Scotland, being convened in Anno 1670 years, and taking to their consideration, that the Art of chirurgery is an ancient worthy and free Art most necessary for the healths and Lives of the Subjects, and that the said Incorporation of the Surgeons and Barbours' of the said Burgh of Edinburgh. are an able and famous incorporation, whereby the lieges have found large experience to their great advantage, both in time of Peace and War: and that pharmacy is an ancient free and necessary Art for the health of the lieges, 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 Majesty and the Estates of Parliament by an Act of Parliament dated the 22 day of August 1670 years, ratified and approved, and for his Majesty and his Successors, with advice and consent of the Estates of Parliament, perpetually confirmed the whole Acts, Gifts, Grants, Rights, Privileges, Liberties, Immunities above and after mentioned, to wit, the said Act made given and granted by the said Provost Bailies and Council of the Burgh of Edinburgh, under their common Seal of cause, to and in favours of the Surgeons and Barbours' of the said Burgh of Edinburgh. dated the 1. day of july 1505 years, and whole Rights Privileges 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 deceased Queen Mary, of the date above mentioned, eximand the Surgeons 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 Majesty's Grand Father, of most blessed Memory, under his Highness privy Seal of the Date at Greenwich abovespecified, confirmed to the said's Surgeons and Barbers, the said Act and Seal of Causes, Letters of Ratification granted be King James the Fourth, and Letter of Exemption foresaid granted be the said Deceased Queen Mary, and likeas the foresaid Act of Parliament made and granted be his Majesty's Dearest Father of Eternal Memory, with advice and consent of his said's Estates of Parliament, to and in favours of the said's Surgeons and Barbers of Edinburgh, of the Date the 17th day of November, 1641 years. And farther his Majesty with advice and consent of the said's Estates of Parliament, Ratified and approved, and for his Majesty and his said Successors, perpetually confirmed to the said's Surgeons and Barbers of the said Burgh of Edinburgh, that the Acts following, viz. Ane Act granted be the Provost, Bailies, 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, Bailies and Council of the said Burgh of Edinburgh in their favours, anent their Rights, Privileges, Liberties, and Immunities, and Prohibiting of Unfreemen, Dated the 22 day of June, 1655 years. And also ane other Act anent the saids Surgeons, and Barbers their Rights, Previledges, Liberties, and Immunities and Exemption of the said Surgeons fra Watch 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 farther his Majesty for himself and his said's Successors with advice and consent of the said's Estates of Parliament, Ratified Approved and Confirmed, the foresaid Act granted be the saids Provost, Bailies and Council of the said Burgh of Edinburgh, under the Seal of Causes, in favours of the Appothecars and Chirurgeon 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, Bailies and Council of the said Burgh of Edinburgh, for conveening, Regulating, and ordering of the said Brotherhood, 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 said's Intrants, at their Admissions Dated, the 18th day of March, 1664 year, and the hail Rights, Privileges, Liberties, and Immunities respective contained in any of the said's Gifts, Grants, and Acts gaanted in favours of the Incorporation of the said's Chirurgeons and Barbers, and of the said Brotherhood of the Chirurgeon Apothecaries, and Apothecaries, or that may be any ways interpret, or conceived in any of their Favours. His Majesties with advice and consent of the Estates of Parliament, Ratified and approved, and for his Majesty and his said Successors, perpetually Confirmed all other Gifts, grants, Decreets, made and granted be his Majesty's 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 Chirurgeons and Barbers, and Brotherhood of the Apothecary Surgeons, and Apothecars of the said Burgh, and every one of them, their Successors, Children, Prentices respective, anent their Rights Liberties Immunities and Privileges of the said Incorporation and Brotherhood 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 hail Heads, Points, Articles, Clauses, provisions circumstances and conditions of all the said's Acts, Gifts, grants, Decreets, Ratifications and others particularly and generally abovementioned, granted in favours of the said Incorporation and Brotherhood, 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 Majesty with advice and consent of the said's Estates of Parliament, Discerned and ordained the said Ratification and Confirmation, to be also Valid, effectual and sufficient to the fornamed Persons, and their Successors respective, as if all the said's 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 specially and particularly Insert, engrossed and contained in the said Ratification. Whereanent, and anent all other defects and imperfections, that could be proponed or alleged in all Objections of Law, that could be moved against the samen. His Majesty with advice and consent foresaid, not only Dispensed, But also Renunced and Discharged the samen for ever, and gave full power to the said's Surgeons and Barbers and Brotherhood foresaid, of the said Chirurgeon Apothecaries, and Apothecaries of the said Burgh of Edinburgh, and their said Successors, to make use of all the said's Acts, or any of them without prejudice of one to other to their best behoof and advantage, as they shall think fit, and for effectuating better of the hail Premises and ends foresaids. His Majesty with advice and consent of the Estates of Parliament, ordains the Magistrates and Council of the said Burgh of Edinburgh and their Successors, to maintain the said's Surgeons aforesaid, their Children, Apprentices and Servants, in their hail Rights, Liberties, Immunities and privileges whatsomever, granted in their favours; notwithstanding that any of them should exerce any other thing besides, as Burgesses and Gild-brethrens, and as if they did not the samen; And sicklike ordained the said's Magistrates of the said's Burgh of Edinburgh and other Judges, Sheriffs and Magistrates of the said Burgh of Edinburgh and Sheriffdome thereof and their Officers to assist and concur with the Deacon and Brethren of the said Incorporation of the said's Surgeons and Barbers, and with the visitors and Brethren of the Brotherhood of the Chirurgeon Apothecaries, or any of them and their said Successors Respective, against any Person or Persons, who should exerce or practise any point or part of the said Art Respective within the Liberties of Edinburgh, or any other place within the Sheriffdome thereof, without licence or freedom from them, under the Respective Seals and Clerks hands; the Major party being an quorum, and against any person or persons who contraveen any of the Respective Rights, Liberties and Privileges 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 Transgressor's as aforesaid, and to search, take, apprehend, poynd and waird them for the samen, the one half of the said's 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, privileges and power granted to them, or either of them, that then in that case, they should have the recourse of the Magistrates 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 virtue 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 Majesty's Grandfather, and Act and Ratification of Parliament granted by King Charles the first, His Majesty's Father of eternal Memory, and hail other Acts, Gifts, Grants, Decreets of Court and Town Council of the said Burgh of Edinburgh, and His Majesty's Ratification and Act of Parliament, granted in manner , and be virtue 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 bailie Court of Leith, Portsburgh and Poterraw, and Acts and Statutes made by the said Incorporation of Surgeons and Barbers of the said Burgh of Edinburgh, amongst themselves, and by the said Brotherhood of the Chirurgeon Apothecaries, and Apothecaries among themselves, not above expressed nor set down, and whilks are all holden as hereintill insert and expressed, as a part of this principal Lybel brevitatis causa. The said Incorporation of the said Surgeons and Barbers 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 said's Predecessors the Freemen Chirurgeon Barbers and Chyrurgeons-Apothecaries of the said Burgh of Edinburgh, have been in peaceable Possession of the foresaid Rights and Privileges contained in their said Seal of Causes, Gifts, Grants, Acts, Decreets, and others particularly and generally , past all memory of Man. And they and their said Successors Freemen Surgeons and Barbers of the said Incorporation, they ought and should have the only Right and Privilege to use and exerce the hail Operations and Applications contained in their said's Gifts, Grants, and others Writs and Rights, and particularly the hail 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 Tumours, 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 Surgeons of the said Burgh of Edinburgh, being tried in Theory and Practice, sworn and admitted to the Degrees of Mastership in Chirurgery 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 Surgeons, Unfreemen Barbers, Perewig-makers, gardiner's, 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 Privileges 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 Gardener 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 Deceased Harry Burn and Johanni Baptista Quarantini and Johannes Michael Philo Montibanks and certain other persons unfree Women gardiner's and Montibanks within the said Burgh of Edinburgh and Liberties thereof who are holden as herein repeated brevitatis causa, daily and continually take upon them to use and exerce the Practice of chirurgery, 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, Privileges belonging to the said's 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, Surgeons and Barbers of the said Burgh of Edinburgh being tried in Theory and practice Sworn and admitted to the Degrees of Mastership in chirurgery 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 practise the hail Rights, Liberties, Freedoms, Privileges, 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 Diseases, Incident and Accident to them particularly and generally  and their Accidents by Operations, Applications, Diet, Medicaments, and others whatsomever belonging thereunto, and that the samen properly appertains to the said's Pursuers, Freemen and Masters foresaid and to their Successors Freemen and Masters being tried 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 farther it ought and should be found and declared by the Decreet and Declarator of the said's Lords of Council and Session, that the said's Pursuers may by themselves their Deacon, officier and others not only apprehend any of the said's Defenders, if they can take them flagranti delicto, but that they may also cause cite them before the saids Provost, Bailies and Town Council of Edinburgh or other Magistrates thereof, for contraveening any of the foresaids Privileges, 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 said's Defenders and all others concerned, shall be holden bound and obliged 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 Magistrates of Edinburgh, and als it aught and should be found and declared, that the Provost, Bailies and Council of Edinburgh are the only Judges competent in the first instance to the said's Pursuits to be intented against all Contraveeners, for contraveening any of the said's Pursuers Privileges above-specified, and to discuss the same Summarily, according to the Custom of Burgh; And the Pursuers their controverted Practice in vindicating the Privileges, but also, the said's Defenders , and all other Unfreemen, gardiner's, Women and others whatsoever, ought and should be discerned by Decreet of the said's 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 said's Pursuers, and aught and should be discharged by Decreet foresaid, from taking upon them to Use, Exerce, or Enjoy any of the Rights, Liberties. Privileges, Immunities and Exemptions given and granted to the said's Pursuers, and properly belonging to them and their Successors, after the form and Tenor of the said's Acts, Seals of Causes, Ratifications, Exemptions, Gifts, Grants, Acts of Parliament, Decreets and other Writs particularly and generally  in all Points as is alleged as the said last Summons 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 Mackenzie his Majesty's Advocate, Sir John Lauder, & Mr. Colen Mackenzie his Majesty's Advocats, their Procurators, who for instructing the foresaid libel produced in presence of the said's Lords, ane Condescendence made by the Surgeons upon the several acts of Contraventions done by the said Patrick Cunninghame, whereby he had usurped upon the privileges only belonging to the freemen Masters of the Art and Trade of Chirurgery within the said Burgh and Liberties thereof. 1. The said Patrick Cunninghame within this half year or thereby, did cure Barbara Hasty 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 applied Plasters to the said Lady Lee her Arm, 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 applied Lochletches one or moe, and Cauters one or more 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 applied 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 Plasters, and that frequently to umquhil William Cunninghame elder Merchant in Edinburgh his forefoot, 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 applied Couters, Plasters and Ointments to them within these three years or thereby, as the said Condescendence extent in process more fully bears, as also for verefying and instructing the Points and Articles of the foresaids' Summons of Declarator, and the Rights of privileges of the said Incorporation adduced in presence of the said's 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 Surgeons 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 Surgeons, dated 10 of September 1641 years. Item, An Ratification in Parliament of the above-written Rights in favours of the Surgeons, dated the 17 day of November 1641 years. Item, An other Act of the Council of Edinburgh in favours of the Surgeons 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 Surgeons 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 Brotherhood 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 Surgeons, dated 9th Novemb. 1660 years. Item, An Act of Adjournal in favours of the Surgeons, 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 Surgeons, of their hail Rights. dated the 22 of August 1670 years. Item, An Act of the Council of Edinburgh against John Savage Unfreeman, dated the 4 day of July 1638 years. Item, An Act of the Bailies of the Cannongate against William Steven Unfreeman, dated the first of January 1653 years. Item, Condescendence by the Surgeons upon the Deeds of Contravention committed by Patrick Cunninghame, Item, an Summons of Declarator the Surgeons of Edinburgh against the hail 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 Summons of Declarator, and the Rights and Privileges of the said Incorporation adduced in presence of the said's 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 said's Surgeons 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 Summons of Declartor raised by both the said's Parties in manner above-re-hearsed with the Condscendence above-written, and particular Writs and Evidents produced for Instructing the said Chirurgeon Apothecaries their Rights and Privileges 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 , being all at length heard, seen and considered by the saids Lords; and they therewith being well and ryply advised; The said's Lords of Council and Session, have found and declared, and hereby finds and declares that the Surgeons have the only Right of Phibotomie within the Town of Edinburgh, and upon the Burgesses thereof, except in the cases of Necessity and charity, and that where there is no Incision made upon dead Bodies, and that there is only Wrapping of the Body required, the Apothecary's makers of the Cerecloths may wrap the Bodies, but where Incision is made, the Application is proper to Surgeons of the Cerecloths to the Body; And finds and declares that the Employments of Chirurgery and Pharmacy being two distinct Employments, 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 Employed in both Employments; and that albeit Surgeons may buy and sell Samples as any Drogests or Merchants may do, and Compone such Drogs as are  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 Employments, and does actually keep Shops within the said Town of Edinburgh, or Liberties thereof, as to which Bounds this Declarator extends: And no farther, as also, have declared, and Ordained the said Chirurgeon Apothecaries Masters, who as said is, are allowed the Exercise of both Employments during their Life-time, 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 Employments, and to declare their Election betwixt and Tuesday next; And if they do not betwixt and the said day, the said's Lords Decerns them to sit only at the Surgeons Table as the Eldest and first erected Trade; and have found, and finds that no Master can hereafter take Prentices to make them Freemen in Edinburgh in any of the said's 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 Employment and Trade, at which their Masters sits at the Table; Because that after the said Libel first intented before the saids Magistrates of Edinburgh, being Advocate of consent as said is. There was an Supplication given in to the said's Lords by the said Patrick Cunninghame, Showing that where the Supplicant was lately Warned by one of the Town Officers to Compear before the Bailies in their Justice of Peace Court on the Afternoon, at the Instance of Mr. James Nisbet, present Deacon of the Surgeons of the said Burgh, to be unlawed and Fined for alleged operating in Chirugery, and in which Procedure he was Informed, the Bailies would upon his Appearance Summarily 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 benefit to Answer there against, and so fix a fault of contravention of their alleged Privileges upon him, by no other way of Probation, but a present judical Oath, which is, and aught 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 Surgeons in regenerali dubia & invidiosa, their Privileges and manner of proving the Contraveening, and encroaching 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 said's 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 seeing the Point did resolve in that whether or not, the Petitioner was obliged summarily 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 Surgeons; 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 lies upon them, and without a particular Statute and Law for that effect, it was humbly conceived no Subject can by the act of any inferior 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 warrant, the Surgeons come to be authorized thus summarily to exact Oaths, so might the said's Lords but consider the danger of the Subjects, and what a door of temptation such methods and practices may open to perjury, especially when Chirurgical operations and operating in chirurgery, are so ambiguous terms, that the ultimum and minimum terms of them hath never yet been defined; and it is hard for the Petitioner who served his Apprenticeship 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 breathe 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 plaster for a cutted finger or scratch of a Pin, and although the Surgeons 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 Majesty's lieges, such a strange and unusual and dangerous manner of probation, and although some such latent Acts might be ratified in the ratification of the Surgeons Right and Privilege, yet Ratifications nihil novi juris addunt, and are still given salvo jure cujuslibet; and this case being of so universal concernment to his Majesty's Subjects to prove delicts, and so from them exact Fines upon Oaths first, but imposed by and moulded in inferior Courts Judges and Incorporations, for their own advantage therein concerned, as the said Supplication more fully bears, which being read in presence of the said's 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 Surgeons 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 said's Parties having compeared before the said Lord Forret, by their respective Procurators above named, the said's Procurators for the Deacon for himself, and in name and behalf of the remnant Brethren of his Trade, for instructing the Rights and Privileges of the said Incorporation produced in presence of the said's 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 alleged for the said Patrick Cunninghame, and remnant Apothecaries of the said Burgh, by their Procurators above named, that they were not obliged to debate until the Act of Advocation were given out with the Process, and the samen seen and returned, and come in by course of the Rol●. Whereunto it was replied for the said's Surgeons, that notwithstanding of the said alledgeance, the Defenders must either debate, or then the Pursuers must have Decreet, because the cause being advocate 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 Advocate 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 Privileges, and two several diets 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 discussed, 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 duplied for the said Patrick Cunninghame by his said's Procurators to the foresaid Reply, They opponed the constant Practic 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 hail Lords. And upon Report thereof made by him to them, wherewith the said's Lords being well and ripely advised, they ordained the Cause to be summarily 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 said's Parties compearing by their respective Procurators' , 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 alleged, That there could be no Process summarily 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 than the rest of the Incorporation in Edinburgh, who are not in use, nor cannot summarily attack any person, but red-hand, or flagranti crimine; and the Town of Edinburgh cannot indulge the Surgeons with any Priledges, 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 Replied for the said's Pursuers, that the foresaid Alledgance ought to be repelled, in respect of the Pursuers Rights stating them in their Rights, with their Privileges, which cannot be taken away summarily: and the Pursuers by virtue of the saids Rights, have been in the constant use of exercising their said's Privileges against all Unfreemen, and the circumstances of their Calling, was the ground whereupon the said's Privileges 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 said's 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 enrolled in the Roll of Causes to be discussed; and accordingly the said Action being enrolled, (and having come in by the course the Roll of Causes to be discussed,) was called in presentia; at which time both the said's Parties having likewise compeared by their respective Procurators' , the Procurators for the Chyrurgeon-Apothecaries repeated the foresaid Summons of Declarator raised at their instance, and for instructing thereof, repeated the production formerly made by them of the particular Writs , which are of the several dates, tenors and contents respectiuè libelled upon in the foresaid Summons; As also, they repeated the foresaid Action before the Bailies of Edinburgh, against the said Patrick Cunninghame, for the particular Contraventions condescended on, and craved he might be holden as confessed, in respect he refused to depone. Which Action being Advocate. They then insisted in the same, as likewise in the foresaid Action of Declarator of the Surgeons their privilidges, upon the several privileges 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 said's Surgeons have the sole privilege of the exercising of Chirurgery, and that all others Unfreemen might be declared, and that they might call the Contraveeners before the Magistrates, and use all legal probation against them, and that summarily, conform to their Rights and Customs of Burgh, and the  Procurators for the said's Apothecaries likewise Repeated the foresaid Summons of Reduction and Declarator raised at their instances, by way of Defence: In which they insisted, Primo, Upon that Conclusion of the foresaid Summons, that they cannot be obliged to depone for their Reasons, 1. That it might involve the persons alleged Contraveeners in Perjury, seeing 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 Privileges 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 Seize 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 Surgeons might hold them by their own Trade, and might not exercise the Art of both Chirurgery and Pharmacy for their 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 Surgeons being both Surgeons and Apothecaries, would render the Apothecary's Employment as de facto. They do altogether insignificant, seeing they as Burgesses can be Apothecaries when they please, and the Apothecaries cannot be Surgeons, without they serve an Apprenticeship, or Mary a Surgeons 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, aught to have rather greater, as less Encouragements as Surgeons. Tertio, they Insisted on the third Ground of their Declarator, viz. That the Liberty of making and applying of Cerecloths to dead Bodies, should be declared proper to them, in respect that the Cerecloth is a Drug, and is not made use of for any Chyrurgical Operation, being applied 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 Privilege of Administrating of Physic inwardly; and that Phlebotomy common to them, is the Surgeons, in respect that Phlebotomy is often requisite in Inward Distempers, with which the Surgeons does not meddle, and sometimes must be so speedily Administrat, as cannot admit of so much time as to send for a Chirurgeon, without eminent Danger of the Patient's Life, as in Plurasies' and other violent Diseases. To which it was Replied for the Surgeons, That notwithstanding of the Defence, Patrick Cuninghame must Depone, or be holden as confessed, nor cannot be Declared, that the Contraveeners of the Surgeons Privileges, shall not be obliged to Depone, in respect that by the Pursuers their Seal of Causes, it is expressly provided that they may use all legal Probation against the Contraveeners, and that the Oath of Party is a legal Probation, cannot be controverted. Secundo, They have been in constant Possession of this manner of Probation, the Deeds of Contravention being always within closely 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 libeled, as is particularly ●one in Patrick Cuninghames case here, which is a Confession more as in Law can be required, seeing Oaths in general, are frequently taken in things of less concern, as Mul●●●-O●ths, cutting of Wood, killing of Fish, etc. As to the second Ground of the Declarator, viz. Surgeons should not be Apothecars. It is answered. That the same is absurd, for their 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 Trial, and it were strange to allow it to all Burgesses, to deny it to the Surgeons, 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 Liege's 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 Trial. 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 Trial, 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 Apprentice, or otherways acquire his Freedom in two Trades, he may not serve in both or either as he pleaseth, as Merchants, Tailors, 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 libeled, whereby all the external Applications of men's 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 Plasters, which uncontravertedly belongs to the Surgeons. 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 Surgeons. And have provided, that if the Chirurgeon refuse to apply the Cere-Cloths the Apothecaries makes, than 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  for stopping the Opens of the Body, and making Incisions, in particular cases where a Surgeons 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 Chirurgery. And it is of no Weight that it is a burden to the lieges, seeing it is very well known, and is provided by the Act of the Town-Court, That the Surgeons are to be employed by the Apothecaries, and gets their acknowledgement from them, which they cannot refuse. Likeas, as there are many that being both Apothecaries and Surgeons, where the lieges desires only to have one employed, To the Fourth Ground of Declarator, viz, That it should be declared that the Apothecaries have the only Application of Medicine inwardly. As Likeways have the use of Phlebotomy, common with Surgeons. To which it is answered, That by the Erection and by all the Rights libeled, the Surgeons have the sole power of Applications, Operations, and Medicaments, requisite for completing the Cure of those Distempers, which are particularly narated in the Act One thousand six hundred and forty 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  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 Surgeons skill, in all places of the World, And it was never before alleged that Phlebotomy 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 easy to find a Chirurgeon as an Apothecary, nor did ever the Surgeons trouble any unfreeman 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 Surgeons is to be called at the second Application: Whereunto it was duplied for the Apothecaries by their Procurators, That albeit by the Seal of Causes the Surgeons has several privileges; As power to make Freemen by Prenticeships, to keep a Box, & yet the particular privileges now insisted on are not there expressed, and so are to be determined by the Lords. To the which Duply above-written, The saids Procurators for the Surgeons opponed their former Reply, and their Rights whereupon they Found, which does sufficiently determine all the points now controverted, and remitted the same to the said's Lords their Consideration, Which hail 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 controverted betwixt the Surgeons and the Apothecaries with their first convenience, and thereafter to report. Thereafter there was a Supplication given in to the said's Lords by the said Dr. James Nisbit Deacon of the Surgeons of Ed nburgh for himself, and in Name of the remanent Masters and Brethren of the said Incorporation, Showing That where in the mutual Declarator raised by the Surgeons, and Chirurgeon Apothecaries against the single Apothecaries, and by them against the Petitioners. The Petitioners having Founded upon their Seal of Cause, and particular Acts and Privileges granted to them by the Town Council of Edinburgh in conformity to their Seal of Cause Anno one thousand six hundred and forty three, and one thousand six hundred and fifty five, long before the Settlement of the Fraternity of the Apothecaries, Having undoubted Right and Privilege 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 Freemen of their Art: And containing also several Specialties, 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 said's Lords, their number to call three Physicians and hear their Opinion anent the proper Bounds, and limits of these two Arts. As to which the Petitioners humbly represent, to the said's Lords. 1. That if the Surgeons, and Apothecaries had been erected in ancient and distinct Crafts or Arts, within Burgh in general Terms, viz. That such an Society and Company, should be Surgeons, 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 Surgeons have most anciently form and erected Corporation and Craft, enjoying Privileges and Freedoms, which not Burges nor Gilled Brother in Edinburgh can partake of, unless he Serve an Apprenticeship in the said Art, or be the Son, or Marie the Daughter of ane Freeman, and on the other side, that the Apothecaries were never ane distinct calling or Art, but allenerly Burgeses and Gilled Brother, and had never any Privilege beyond ane Burges and Gilled brother, so that any Gilled Brother might have Set up for an Apothecary when he pleased, until the year 1657 that a trial was thought fit and , in order to which they were Erected in a Brotherhood, jointly with the Chirurgeon Apothecaries. And whereof, notwithstanding of their Erection any Gilled Brother, who can bide a trial may be a Member at pleasure, and that the Surgeons have and enjoy 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, etc. And more particularly in the Cureing of the specialities expressed in their Gifts, and grants, and that Exclusive of all others, in that they could humbly conceive their is no necessity to call for the Opinion of Physicians anent the Bounds or Limits of their Callings, seeing their Gifts, and Grants, does also specially, distinctly, and clearly design the same as men's Wits, or words can express; And therefore since he questions not whither ane Apothecary may not have also good Skill, to apply an Serecloth, or draw Blood as a Chirurgeon has, neither was the question whether ane Apothecary, qua Apothecary may apply Plasters, as well as make them, or cure Tumours Verrols, and such like, but that the only question is whether manual Operations and Applications upon the bodies, etc. And particularly Phlebotomy Application of Serecloths Cureing of the specialities 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 Apothecary, qua talis may aply an Cerecloth, draw Blood, Cure the Verrols swell 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 Majesty, are entrusted to give particular Seals of Cause, Rights and Privileges to Crafts and Callings Exclusive of all others, having given these Privileges to Surgeons in clear and express Terms, and they having enjoyed the same now, these two hundred years Exclusive of all others, the same eannot be taken from them, without Violation of their Rights, even although the Privilege of its own nature, were Consonant to the nature of Pharmcie, or of a mixed Nature equally applicable to pharmacy or Chirurgery, and far less can these Privileges be drawn in question by a Fraternity Erected, within these twenty four years, who have not the Privilege to exclude any Burges that can bide a trial, and then the Surgeons Privileges, are specially declared be the Town, before their erection and consented to be the Apothecaries, and bruiked and enjoyed both before and since the erection, be the Surgeons Exclusive of all others until this time. 2. The Petioners humbly Represents to the said's Lords, that it is noture and known, that the Apothecaries have a greater dependence upon Physicians than Surgeons have, for Surgeons do and m●y by the Privilege of their Art and Calling, operate without any dependence upon Physician, and needs not, nor are they bound and tied, to call for any Physician, but if they please whereas an Apothecary qua talis, neither ought nor can Administer Physic without the advice of an Physician, and the dispensatory Art in the practice, thereof, absolutely depends upon the Physician's receipt, so that with all deference and respect to the Physic ans, the Surgeons have just reason to suspect, that they will be more favourable in their opinion to the Apothecaries, and ready and willing to enlarge their privileges, who have so absolute an dependence upon them; And it is notour and known, that the Physicians have frequently endeavoured to Erect themselves in a College, and to extend their own privileges, to the Impairing of both, and therein they have been still opposed by the Surgeons and Chirurgeon Appothecaries, and thereupon may be presumed to bear the Supplicants no good will, craving that the said's Lords would be pleased to consider the grounds of the Supplicants Declarator in jure as the samen is founded upon their Seal or Cause, Gifts, Grants and Acts, and their immemorial Possession, which the Supplicants humbly conceives, 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 said's Lords, and they having heard and seen and considered the samen refused to give their Answer in jure until the said's Lords should Report; But they recomended to the  Lords, in their said's last Interloquitor, to call the three Physicians therein named with Doctor Burnet upon Monday next thereafter, and to have heard their opinion on the controverted points; And to to have made report thereof on twesday following, in obedience to the which ordinance and Interloquitor above-written; The said's Lords nominated as said is, having called and taken the opinion of the said's Physicians, anent the controverted Points, contained in the two several Declarators ; And thereafter upon Report made by them to the said's hail Lords in presentia wherewith, & with the hail Dispute Above-written, they being well & reiply advised; The said's Lords of Council & Session, found that the Surgeons has only Right of Phlebotomy 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 privilege 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 Surgeons of the Cerecloaths to the Body, and as to the other two points, viz. The probation of the contraventions by Oath, and the separating of the Trades and Incorporations of Chirurgery and Pharmacy, the said's Lords declared they would thereafter hear both parties thereupon, and thereafter, there was an other Supplication given in to the said's Lords, in behalf of the said Surgeons, Showing, that although the Petitioners do not contravert, but that if the matters concerning the Cerecloaths, had not been decided by the Town of Edinburgh, there might have been place for consulting with Physicians, as to Cere ; 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 said's Lords, that this Debate was founded upon the Privileges granted by the Town of Edinburgh, as having Right from his Majesty to grant the same, is yet entire, 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 denied, that his Majesty or the Town as having Right from him might have allowed no Apothecaries, but have granted all their Privileges to the Surgeons, 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 Surgeons the jus quesitum by their Seal of Cause and other Rights. 2. That Point, viz. whether these Privileges of the Surgeons should hold only inter concives, was never debated and if it had, the said's Petitioners could by most unanswerable Arguments evinced, that these Privileges should extend to all the Privileges of the City, as the Liberties of Baxters, Tailors, & all the other Trades does, & even the Jurisdiction of the Magistrates is extended to all within their liberty and not restricted ad concives, & the said's 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 said's Lords never refusing to hear parties even after Interloquitor upon points that were not debated, and this was als great an Infringement upon their Liberties as that which was pleaded by the Apothecaries, and in which the said's Petitioners are als much concerned, Craving  that the said's 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 itself, and all the burgh's 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 said's 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 Surgeons being again called in presentia, and both Parties compearing by their respective Procurators above named. the Procurators for the said Apothecaries repeated their Summons, as to the point that the Callings, viz. Pharmacy and Chirurgery should be separate they being two distinct Trades and Employments 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 Magistrates to conciliat favour with the Deacon of that Trade to favour them in the Election of the Magistracy, and therefore these two Trades and Employments ought to be separate and declared distinct, and the present Surgeons and their Successors, who do jointly exercise both employments should make their Election and be restricted to one of these in time coming and discharged to take an Apprentice with respect to both employments, but only to be Booked as Apprentice in the Trade and employment of Pharmacy or Chirurgery as their Masters have elected and chosen the same. Secundo, There aught to be a Distinction betwixt their Trades as well as all other Trades, and the Trade or Chirurgery being erected with a Seal of Cause and distinct as any Trade in the Kingdom, ought not to be confounded, and that this ground of Declarator would be sustained in other Trades as uncontraverted; And therefore it ought to be sustained in this, it being a Confusion inconsistent with the policy and interest of the Kingdom. Tertio, The Declarator is founded upon King James Decreet Arbitral which is the foundation of the Right, whereby all Trades are ordained to be Erected and distinguished from others: To which it was answered, for the Surgeons by their said's Procurators, that the foresaid Declarator could not be sustained as to the point of Separation of these two Employments of Apothecary and Surgeons First, Because Surgeons by ancient Seals of Cause are erected a Deaconry as one of the Trades of Edinburgh with Liberty to receive Apprentice and to make them freemen. Secundo, As Burgesses and Gild-brethrens they were in a Capacity to exercise the Employment 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 Trial, and may until this Hour upon their biding a Trial, and being found qualified, and Pharmacy is not a Trade or erected by a sale of Cause as other Trades, but an Employment, 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 Employments, 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 Surgeons have it by their Seal of Cause: and it is most consistent with the Interest and Condition of the Nation, that the Liege's should not be forced to employ both a Chirurgeon & Apothecary when one may do both. Quinto, It were Destructive of the Town of edinburgh's 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 conjoin and separat them as they think fit. Likeas, the Chyrurgeon-Apothecaries their Privileges are Ratified by King and Parliament; and His Majesty in his late Patent granted to the Physicians, doth acknowledge Chyrurgeon-Aoothecaries, in whose Privileges are Settled and Reserved by the said Patent, and Appoints them as joint Visators with the Physicians of the Drugs, to be sold or made use of, Whereinto it was Replied for the Apothecaries by their said's Procurators, That these Pretences sounded upon by the Surgeons, were most Frivolous, and the Apothecary's Declarator for the Separation of these two Employments, was most Just and Rational: and though the Surgeons did make a Clamour 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 Privileges were Impugned, & Invaded; yet all such Stuff and Pretences is nothing but the common Methods of amusing of Clients, or the wilful and ignorant Mistakes of Lawyers, that must now reduce all private Debates to Politics of Government, which is foolish and impertinent Nonsense. For primo, The Declarator concerns none but the private Right and Interest of the Apothecaries and Surgeons. 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 burgh's 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 Privileges, 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 Magistrates to Erect and incorporate 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 supreme Judges of the Kingdom, may, and aught 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 Surgeons have obtained from the Town of Edinburgh of late, it was ultra vires, and the Town could not join other Trades inconsistent or inconvenient to be joined, there being not two Trades or Employments within the Town of Edinburgh, that are more contra distinctione one from another, than Chirurgery and Pharmacy: and therefore, according to the Practice, Example and Policy of the Town of Edinburgh, and of all other Royal burgh's, as all other Trades which are distinct in their nature, are separate and not confounded, and cannot be exercised but by one; so there is the same and greater Reason for the Separation of Chirurgery and Pharmacy. And 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 Deaconry, as the wright's have Plasterers, Cowpers, Bowers, Club-makers, and many others, and the Surgeons cannot pretend that they exercise the Trade of Pharmacy upon any distinct Right or Privileges 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 Chirurgeon Apothecaries, there having been in Possession of exercising both these Employments 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 Employment and Art of an Apothecary is most grossly taken and confounded with that of a Drogist, which is but a common Merchant, which any Burgess or Gilled brother may practise, by bringing home and selling Drugs as other Merchandise, whereas the Art of an Apothecary consists in the Knowledge and Composition of Drugs. 3. Although the Surgeons could pretned to any possession of exercing both Employments, that any such Possession being contrary to, and inconsistent with the public Laws of the Kingdom, & the public good & Policy of the Nation, & the interest of his Majesty's 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 seeing 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 authorise or allow the same person to exercise both these Employments or confound the same but only declares that none should exercise the Employment nor Art of Apothecary, but such as should be thereafter found qualified and tried 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, authorise or confound these two Employments 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 public Interest, and actio popularis quivis depopulo competit, it being against the Public Interest and Policy and Prudence of this and all other Nations, that distinct Trades and Employments should be confounded even though the Act of the town Council anno 1643. and 1655, sustain the Apothecaries their Declarator as to the Point of Cerecloths, although they were expressly excluded from Application of Cerecloths by the saids Acts, so the Lords of Session ought to sustain this Declarator as to the Separation of these Employments, though there were an express Act of the Town Council of Edinburgh to the contrair, as there is now being contrair to the public 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 charters of Erection, having greater power in relation to other Mechanic Trades than they can or aught to pretend to pharmacy or Chirurgery, which are mere liberal Arts and Employments, and to be regulat and determined by the Lords of Session as the supreme Judges, with the due respect of the public good and Interest of the Subjects, and Policy and Prudence of other Nations; To which it was duplied for the Surgeons 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 Surgeons 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 Surgeons, though the said Erection did impinge upon their Right, as it does not, and this Declarator raised at the Apothecary's instance, being in effect a Reduction not only of the Surgeons Right, but of the Towns Privileges, the same cannot be sustained by way of Declarator, but there must be Summons 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 Trial, and since any Burgess may be, why not the Surgeons who are alwise willing to be tried, and cannot be supposed but to be best qualified in respect of the Contingency of the Employments. 3. By the said Erection of the Fraternity, the Office of Apothecary is not settled as 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 Chirurgeon Apothecaries their Apprentices, before they receive them, are severely tried in the Greek and Latin Tongues, and must serve five years to the Trade and thereafter be three years in their Study and Travelling before they can be tried to be a Master. 4. In the foresaid Erection, the Apothecaries hath acknowledged the Chirurgeon Apothecaries their Right, & have homologat & consented thereto by joining with them in the Petition, whereupon the Act followed, and by which Act of Erection, it is expressly provided that the Apothecary Surgeons, at least some of their Number appointed, shall be Examinators to the entrant Apothecaries: As likeways, they Joined together in obtaining an Ratification of Parliament in anno 1670, of the foresaid Act; and so the Chirurgeon Apothecaries having both Privilege and prescription of their Possession by virtue of the said Decreet Arbitral, and Homologat by the said Act of Erection, their Right and privilege of vending and componing Drugs, cannot be taken from them without doing them unjustice, and the pretence of the Conclusion and inconsistency of the Calling; is ridiculous, the Trade of Apothecaries being no particular Calling; and the Chirurgeon by his Art and Calling being obliged to understand, and qua talis most be necessitat to have Skill, both of Drugs, Herbs, and other Chemical 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 Privileges Secured to them by Law, and Possect, past all Memory, the samen can by no means be taken from them: And as to the hail Points now controverted 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 endeavouring 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 conuniency and Interest of the People, that they be not compelled to Employ too 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 joined with the Physician in the trying of the Drug, which was not done in Style or by chance, but was under Debate, and Quarrelled 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 joined, which is strongest in point of privilege of any thing in the World; and the Immemorial possession is by consent publicly 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 Surgeons were the only Doctors als well as Apothecaries; yet now seeing 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 denied, 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 alleged, that the King did give the Power to the Magistrates 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 burgh's in Scotland; and yet the Lords of Session Discerned the Magistrates of Burntisland, and gave the Burgesses thereof, Deacons and Gildrie, though the Magistrates 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 might als well have been applied 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 virtue 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 Surgeons, in whose favours the Erection is, for now neither the simple Surgeons nor simple Apothecaries can get a Apprentice, seeing the Apprentice for the same Charge 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 Expenses of the lieges is greater by employing of two persons, for it is very well known that the Chirurgeon takes both for his Drugs and Pains exorbitantly, and all the exorbitant privileges were given the Surgeons by the Magistrates, upon the account of their Interest in the Election of the Magistrate, 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 Surgeons can pretend to before the year 1657, can operat nothing, seeing it wants a Title which is necessary for Prescription: Thereafter there was an Supplication given in to the said's Lords, by the said Apothecaries and simple Surgeons of the said Burgh of Edinburgh; Showing, 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 Surgeons, as to that point or separating 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 said's Lords would advise the point, and give their Answer therein in jure, especially seeing the said's Apothecaries, Raiser's and Pursuers of their own Declarator, did humbly conceive they were not pro loco et tempore concerned to insist any farther in the other undetermined points of their Declarator, while the said's 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 said's 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 said's 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 Surgeons to trouble Apothecaries, and put them to their Oaths upon alleged Contraventions, and their exerceing of any operations proper to Surgeons, 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 Surgeons in case of their Contraventions, and exerceing the Employment of Apothecaries. Secundo, That in so far as concerns the Members of the College of Justice, and others his Majesty's Subjects residing in, or repairing to Edinburgh, not being Burgesses, they may without any restriction, make use either of Apothecaries or Surgeons, and that the Acts of the Town Council of Edinburgh relating to Privileges of either of the said Employments, can take no further place but inter concives. To which it was Answered for the Surgeons 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 Magistrates shall be Burgesses before them, and refer 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 privileged for that they shall be served by skilful persons. Secundo, All the Town of Edinburgh has the Right, and are in the possession of providing for strangers while they are in the Town, in all other things, and why not in this. Tertio. The Physicians their Parent does bear them to all persons within the Town als well stranger's as others. And the Surgeons Trade should be in reason as far extended, especially, seeing 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 inbringing of Good Uncustomed or prohibit, which is in effect a Theft. Whereunto it was Replied for the Apothecaries, That this manner of Probation cannot be allowed; for it would ruin both the simple Apothecaries and the simple Surgeons. 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 shall not be in the power of any Trade to discover or bring in question His Majesty's lieges, as being subject to Diseases; which it may be they would think shame of, yea so much as to have it suspected, though 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 Privileges. It behoved to kind a Fire amongst the Trades, and each of them to ruin and destroy others by calumnious Processes. Quinto, It behoved to open a Door to all Calumny, Prevarication and Perjury. Sexto, There is a great Difference betwixt the case of general Laws or Penal Statutes, the Contraventions whereof may be proven by Oath of Party. And the privileges granted to private Trades and Incorporations: For the observance whereof, there is no further allowed by the practice 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 Surgeons. 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 ruin the simple Apothecaries and simple Surgeons, 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 confessed; 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 practice 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 Majesties 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 pretention to the Cereclothes, 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 mere 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 College of Justice and its Members, it is their undoubted and uncontraverted Privilege that they may employ and make use of any Unfree Man, and much more may employ Apothecaries in that which is proper to Surgeons, And that therefore Apothecaries or Un●ree-Men, serving any of the College of Justice, cannot be liable for any Punishment for the same, that being an infallible Consequence founded upon the Privilege of the Members of the College of Justice. 2. The same also ought to be extended and communicate 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 Destruction 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 Magistrates, and it is not denied but if any Stranger would build or repair a House which lies locally intra territorium & districtum of the Town, a Stranger behoved to make use of 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 Stranger's 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 Surgeons of the Town of Edinburgh, shound only take place inter concives, these being the public Constitutions of the Burgh, wherein either his Majesty's Subjects are no ways concerned, To which it was duplied for the Surgeons, 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 Seizure, were to involve the People, the patent Trades and all in unevitable Riots 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 Privilege itself. 2. If it be any man's right he may vindicat his Right by all legal Means, and that is a legal Probation cannot be denied, 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 Surgeons, and the Chirurgeon Apothecaries being upwards of two hundred years in possession, by virtue of good and undoubted Rights the samen cannot be summarily 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 Privilege granted to the College 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 College of Justice, and other Strangers not being Burgesses, are subject and liable to the Jurisdiction of the Magistrates of Edinburgh, upon any ground of Law that found'st 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 Magistrates 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 politic 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 liable 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 College 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 Surgeons, who have right to all the Liberties and Privileges of the Seal of Cause erecting the Surgeons into an Deaconry and Incorporation; Which Summons of Declarator pursued by the saids Apothecaries against the saids Chirurgeon Apothecaries of Edinburgh, and hail 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 said's Lords of Council and Session, Found and Declared, that the Employments of Chirurgery and Pharmacy being two distinct Employments, 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 employed in both Employments, and that albeit Surgeons may buy and sell Simples as any Druggist or Merchant may do, and compone such Drugs as are  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 Chirurgeon Apothecaries that are presently actual Masters in both Employments, and does actually keep Apothecary's Shops within the Town of Edinburgh or Liberties thereof, as to which Bounds this Declarator extends and no further. Thereafter there was an Supplication given in to the said's Lords at the instance of the said Chirurgeon Apothecaries, with the concourse of all the other fourteen Deacons, showing, 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 virtue where of it was free for the said's Petitioners or any of them who were comprehended in any manner of way under the fourteen Deaconries, to be free not only to keep Shops as Gild-brethrens, but likeways to exerce any of these Trades, which were pendicles of the Gildrie; And it cannot be denied 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 Apothecary's Trade is not a mere selling but a Compounding of Drugs, which Composition is no part of the Gildrie: To which the Petitioners reply, is that this is a mistake in the Fundamental Constitution 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 trial set up to compound Drugs if he was Burges, so after the year 1657 all the privileges given to the Apothecaries was only that none should exerce their Trade till they were found able by the Chirurgeon Apothecaries and Apothecaries, and therefore if that the Chirurgeon 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 expressly 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 Apprenticeship 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 than 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 said's Lords seems to be having only tractum futuri temporis though made by a Parliament, especially when they are correctory of Privileges 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 Chirurgeon Apothecaries must be Visitor; So that either they must have a new Erection, which the Petitioners humbly conceive, none can give them, but the Magistrates of Edinburgh, or else the Petitioners must of necessity be present with them, and the Petitioners humbly craved, that the Apothecary's 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 Privilege and are in Possession of it can be deprived and forfeited without a Fault; As also how the Petitioners Apprentices who have paid in their Prentice-fees in Contemplation of both Trades before the said's 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 Chirurgeon Barbers, viz. That neither the tumultary Cabals 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, aught 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 Chirurgeon Apothecaries, They should in an indiscreet Way and Manner cabal and run up and down and amuse ignorant people with Stories of Government and Privileges, which is not in the least concerned. The case being a single, Debase of private Rights, and a Controversy betwixt the Apothecaries and Surgeons, 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 Trial, and being Qualified. It was answered, the Interlocutor is opponed, and Grounds whereupon it proceeded: and the Petitioners do strangely forget themselves, if they disremember that the said Pretence was both Founded upon in the Declarator, and fully answered and satisfied. And again to refresh their Memory, the Answer then made was, that albeit the Decreet Arbitral pronounced by His Majesty's 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 Chirurgery 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 Pies should transgress and bake Loaves, which is a distinct Employment though belonging to the same Deaconry, or if a Lock-smith should pursue a Blacksmith if he should use both Trades, though under the same Deaconry of Hammermen, and forty others which might be instanced, by which the said's 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 undeniable, that the Chyrurgeon-Apothecaries are none of the fourteen Deaconries, or so much as mentioned in the Sett, but only the simple Surgeons, 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 Advocate desires to be Herd 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 private 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 Majesty's Judicatures, which are Established for that very end. And as to the Signature in favours of the Chirurgeon 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 immediately 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 Lord's 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 Retreat what they have done, as satisfy 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 Chirurgeon Apothecaries, to elude the same. And thereafter there was another Supplication given in to the said's Lords, by the saids Apothecaries & Chyrurgeon-Barbars of Edinburgh, Showing, that where the said's Lords upon Advising of the Declarator Raised by the Petitioners against the Chyrurgeon-Apothecaries, has most justly Found and Declared, that these should be separate Employments in time coming. It followed necessary, that the present Chyrurgeon-Apothecaries who were allowed to exercise both Employments dung their Life-time 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 said's Lords would expressly 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 Chirurgeon 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 Chirurgery, which is most absurd. As likewise, That the present Chyrurgeon-Apothecaries may be Restricted to sit at one of the Tables, either of the Deaconry of Surgeons, 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 Life-time. 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 Prenticeship, and Discharged of their Indentures, may be allowed to exercise both Employments during their Life-time. 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 said's Lords has sustained the Declarator for Separation in time coming. And the special Considerations that the said's 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 Chirurgery, 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 said's 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 thereto by the said Apothecaries, and last Bill given in by them in manner above specified, being all read in presence of the said's Lords, and they having Herd, Seen and Considered the samen: and being therewith well and ripely Advised, the said's Lords Discerned the said's Chyrurgeon-Apothecaries Masters, who by the foresaid Interlocutor were allowed the exercise of both Employments during their Life-time 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 said's Lords Discerned them to sit only at the Surgeons Table, as the eldest and first erected Trade: and the said's Lords have found, that no Master can hereafter take Prentices to make them Freemen in Edinburgh in any of the said's 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 Employment 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 Process more fully bears: And thereafter there was another Supplication given in to the said's Lords, by the Chyrurgeon-Barbers of Edinburgh showing, 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 public Writ, till the time of the later and more unhappy Usurpation anno 1657, which yet does not any ways Erect or Authorise them as such, and that the foresaid ancient Deaconry flourished in a good condition, with an oppulent Box, ti l the Chyrurgeon-Apothecary crept in amongst us, who deriving moonsick ends and designs, prejudicial to the ancient Deaconry, regarding the Apothecry and his Pharmacy more than the Chirurgeon, and true establishment of the Deaconry: Pursuand to which, they at all Trials, 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 said's Lords have most justly found and declared, that these two Employments of Pharmacy and Chirurgery are in their nature's distinct, and aught in their Practice to be so far separat, as not to be exercised by one single person; and tho' the said's Lords, have ex gratia, upon several Specialties, indulged the present Masters to operat in both during their Life-time, yet the Petitioners are informed, that the said's Lords are importunate to enlarge the same favour to some Apprentices, as particularly to John Lawder and James Muirhead, against whose Bills the Petitioners (adhering 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 Specialties which prevailed with the said's Lords to grant the personal Indulgence in favours of the present Masters; and as the Concessions would altogether evacuat the said's Lords their just Interloquitor, and perpetuat the Confusion for ever, so would they also open a door of great trouble to the said's 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 Employments, for can a Merchant take an Apprentice for the Gildry and a Trade, of aught 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 Apprentice, and formally book him to any two distinct Employments, 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 Pies and the baking of Loaves, although the baking of a Loaf is the ordinary Essay put to the Py-Baxter at his Trials. So that as the Masters impinged upon the Constitutions and Orders of the Burgh, in confounding of the Gildry with the Crafts, by taking and booking one Apprentice 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 himself to have come home, and as de facto, he never offered him to his trials at the Petitioners Table, so it is but frivolous to allege 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 trial of intrants, at their table during the dependence, 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 received to his very Trials, 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 Apprentice in the Books of their Calling, and which James Murhead cannot allege. It was therefore humbly besought, that the said's 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 Surgeons, could not be burdened with the Debt lately contracted, for the maintaining of this Plea against the Separation, but that the same should be paid by the Chyrurgeons-Apothecaries amongst themselves, and not upon the Box, which is the Poors Money and the Stock of the Incorporation, seeing the Petitioners concurred for the Separation, and one of the Petitioners was so Illegally Incarcerat by the present Deacons (who is a Chirurgeon Apothecary himself) for delivering his Opinion against borrowing of Money for this Plea, that the said's 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 Chirurgeon Apothecaries to have answered the samen again the next day thereafter, and thereafter there was ane Supplication given in to the said Lords, by James Turnbul Chirurgeon in Edinburgh, showing that whereas he had paid an considerable Prentice Fee, after his Apprentisship, went Abroad for several years. to accomplish himself in the Arts of Chirurgery and pharmacy, and after his return upon Application to the Surgeons of Edinburgh, they upon Trial have found the Petitioner qualified, and admitted him a Freeman Master in their Society, and he having provided himself of all Drugs, Medicamenta and Instruments necesar, not only fit for Exercing of Chirurgery, but also of pharmacy, 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 Chirurgeon 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 Brotherhood, 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 Trials hes been delayed, and seeing he is a present Master in Chyrurgrie, and hes done all Diligence in order to the Trial of his qualification in pharmacy and to that end hes Set up a Shop (before the Lord's Interloquitor) Humbly beseeching therefore, that the said's Lords would allow the said Brotherhood of Chyrurgeon-Apothecaries, and Apothecaries to admit and receive the Petitioner a Freeman Chyrurgeon-Apothecary, that he may have the benefit of the Lords Interloquitor, especially considering the Lords have granted the like Privilege to other two of late (the one not being yet admitted Chirurgeon, the other neither as yet admitted Chirurgeon nor Apothecary, so the Petitioners case in all circumstances being considered, is more favourable than these. Whereunto it was answered for the said Apothecaries, it was absolutely false that he paid any Prentice Fee, having only served his Father, who was absolutely ignorant of pharmacy, having neither been Breed nor Instructed therein, although he keeped the Fashion of an Apothecary's Shop, which afterward he quat, because the Physicians would not Employ a person of so little Skill. Secondly, All his Travel abroad was only a Shipboard, where he could have no occasion of exercising, much less of Improving himself in Pharmacy, which appeared very well when he offered himself to Trial, 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 Trial, in respect whereof, it was hoped the said's Lords would reject his Petition, and that the said's Lords would be pleased to declare that the Indulgence that they had allowed to the three young Men, Lauder, Muirhead, and Edgar, was always upon condition that they be found Qualied at their respective Trials, which last Supplication above written, being read in presence of the said's Lords, together with the Answers made thereto by the saids Apothecary, 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 said's Lords by the saids Chirurgeon Apothecaries of Edinburgh, showing that where they being informed that the said's Lords has discerned 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, seeing the said point was never advised with our Lawyers, nor Informations given by the Petitioners to the said's 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 said's Lords would grant the Petitioners such a competent time as they may advise and be heard before the saids Lords, hoping that some of the Petitioners, their Services in both Employments 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 Majesty's lieges by exercing these Employments, did prevail with the said's 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 obliging 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 Apothecary's Declarator. It was Answered, First, That it was their own fault if they did neither advice with their Lawyers, nor give Informations to the Lords: The Points having been fully Debated several times, as is well known to the Lords themselves. But Secondly, The Apothecaries and Chirurgeon-Barbars do oppone the several Bills and Answers given in on both sides, and extant in Process, since the Lords did pronounce their first Interlocutor for separating the Callings; but especially Sir George Lockhart Answers to the second Bill, since given in for them by the Lord Advocate 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 said's Bills and Answers since they were well acquainted with the Point, in respect whereof, and that the Chirurgeon Apothecary's design was only to drive off this Session, that thereby they may render the Lords Sentence elusory and of none effect, by hindering the samen to be Extracted, and so to continue and perpetuat the Confusion; And it was therefore hoped that the said's Lords would have no regard to the Petition, nor any other of that nature, but forthwith Order the Extracting of the Apothecaries Decreet, especially seeing 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 Majesty's Royal Father and himself unto those difficulties, which last Supplication and Answers above written made thereto, being likeways in read presence of the said's 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 obliging them to sit at one Table, and to have the privileges of both they would hear them: and thereafter there was an other Supplication given in to the said's Lords, by the said Chirurgeon Apothecaries, showing, That where they immediately after sight of the said's 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 seeing 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 deliberate advice of their Lawyers to put in form. It was therefore humbly craved, the said's Lords would ordain the Petitioners Advocats to Consult them therein, to the effect the said's 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 loyalty towards his Majesty (some of the Petitioners being at Worchester Fight attending upon his Person, and sequestrate for their loyalty by the Usurpers) nor has been, nor shall be more obsequious and ready to serve the said's Lords and lieges with their skill and pains with the Petitioners, who has given proof to the whole Nation, how useful and  these Employments has been in their persons, as the said last Supplication also extant in Process more fully bears, and which being likeways read in presence of the said's 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 Mackenzie Clerk Register.  

Act in Favours of the Apothecaries of Edinburgh.  
AT Edinburgh, the twenty sixth day of March one thousand six hundred & Eighty four years anent the Supplication given in, and presented to the Lords of Council an Session, by the Apothecaries of Edinburgh: showing, that where there being a Decreet of Declarator pronounced by the Lords, separating the two Callings of chirurgery and pharmacy, and ordaining them to sit at different Tables, and allowing the present Chirurgeon Apothecaries to make their Election at which Table they will fit, under the certification, that if they did not condescend & declare betwixt and a certain day conform to the said Decreet, to be reputed as Surgeons and to sit at their Table allanarly; and the Petitioners in pursuance of the said Decreet of Declarator, having presented a Petition to the Town Council of Edinburgh, humbly desiring the Magistrates and Council to nominat and appoint to them a Visitor for conveening their Fraternity, and for trying their intrants, and that they would declare the Act of the Town Councis of the Twenty fifth of March one Thousand six hundred & fiftyseven, & all the privileges therein contained did now properly belong to the Fraternity of Apothecaries, and not to the Apothecary Surgeons, as being declared by the said Decreet to be separate and distinct Callings; the desire of which Petition being so just, and the import and effect of the Lords Decreet of Declarator was at the first reading past nomine contradicente: but thereafter by the importunity and influence of the Deacon of the Surgeons was thereafter stopped; and albeit the Petitioners has by renewed applications, earnestly desired the Magistrates and Council to grant the desire to the said Petition, yet they are not able to prevail, such is the power and influence of the Surgeons, The present Deacon who is a counsellor, being a Chirurgeon Apothecary, and in regard it is just and  for vindication of the Lords own authority, to see their own just Decreet and Sentences rendered effectual, and that the separation of the two Callings of chirurgery and pharmacy was found by the Lords to be consonant to Law, and founded upon consideration of public utility, and the good of his Majesty's Subjects, and that the said Decreet of Declarator for separating these two Callings of Pharmacy and Chirurgery would be rendered Elusory and of no effect, if the Petitioners shall not have a Visitor nominat who may conveen their Fraternity of Pharmacy, and that it is the just import and effect of the said Decreet of declarator, that the whole privileges and immunities contained in the foresaid Act, declaring the Apothecaries in a Fraternity, should be declared Solely to appertain and belong to the Apothecaries, as separate and distinct from Apothecary's Surgeons; and therefore humbly craving, that the Lords would in vindication of their own authority, as well as the Petitioners Right, ordain the present Magistrates and Council to nominat and appoint a Visitor, for conveening the Fraternity of Apothecaries upon all occasions, and likeways to pass an Act under the Town Council of edinburgh's Seal, declarseng the foresaid Act dated the twenty fifth of March one Thousand six hundred and fifty seven, and the privileges therein contained only to belong to the Fraternity of Apothecaries, as being now declared by the Lords Decreet, to be a separate Calling from Chirurgeon Apothecaries, and that the Lords would be pleased to ordain the Magistrates and Council to do the samen, under such certifications as the Lords should think just, whilk Supplication and desire thereof being considered by the saids Lords, they ordained the Procurators for the Chirurgeon Apothecaries to see and answer the same the next day, which being accordingly given up to the said's Procurators to see, they returned the samen with the answers following, viz. Primo That it is strange with what confidence the Apothecaries can trouble the Lords with such a groundless and ridiculous Bill, seeing they are not obliged Summarlie to answer upon a Bill, no man being obliged to answer upon a Bill where there is no depending Process, except he be a Member of the College of Justice, and that in things relating properly to his Office and Employment; far less can any Incorporation or Community be obliged to answer upon a Bill without there were Signet Letters raised and the persons formally cited, and the Process came in to be called by the course of the Roll conform the Act of Regulation, for if it were allowed there should be no use of Signet Letters, and would overthrow the foundation of Law and form. Secundo This is already depending before the Town Council of Edinburgh, as appears by the Apothecaries own Bill, they having given in a Petition to the Town Council to the same purpose, to whom it is proper to cognosce upon such differences, and to appoint Visitors as they shall think fit, that being the Towns particular privilege both by their Charters and by their Sett, it being expressly provided by the Sett, that neither Merchants nor Crafts and their Deacons nor Visitors, shall have or make any general or particular meeting, but by the advice of the Magistrates and Town Council, Tertio, It is a strange piece of confidence that the Apothecaries should desire, that the Magistrates and Town Council should be ordained to appoint a Visitor for conveening their Fraternity, and to grant such privileges as they shall desire, which is down right centrair to the privileges of the Town and the Sett, and to crave that that should be done under a certification, and that without so much as calling the Magistrates, than which there can be nothing more ridiculous and absurd, and therefore seeing the Surgeons and Chirurgeon Apothecaries are not obliged Summarily to answer a Bill, and that this Process is already depending before the Town Council, to whom it properly belongs to cognosce upon such differences, and that the Magistrates whose privileges are principally concerned are not called, the desire of the Bill as most groundless and absurd aught to be refused, and when the Apothecaries shall raise any action of Declarator, they shall have an answer: Whilk Supplication and desires thereof, and answers above written made thereto, being at length read, heard, seen, and considered by the saids Lords, and they being therewith well and ripely advised, the Lords of Council and Session upon the eighteen of March instant, ordained the Magistrates and Town Council of Edinburgh to nominat and appoint a Visitor for conveening the said Fraternity, thereafter the said Apothecaries of Edinburgh gave in an other Supplication to the said's Lords, showing that where the Petitioners having applied to the Lords, representing that albeit they had several times petitioned the Magistrates and Town Council of Edinburgh to nominat and appoint a Visitor, to the effect the Apothecaries might meet and conveen for trial and Examination of intrants and doing their other affairs, yet notwithstanding such w s the power and influence of the Surgeons, that they could not obtain so just a desire, and which was done of purpose that the Petitioners might be deprived of the benefit of your Lordship's Decreet of Declarator, separating of the two Callings of pharmacy and Chirurgery. And therefore craving that the Lords would ordain the Magistrates and Council of Edinburgh, to nominate a Visitor which Petition and Answers thereto, being considered by the Lords, and they having found the samen most just and reasonable, they did accordingly ordain the Magistrates of Edinburgh, to nominate a Visitor betwixt and the twenty one with Certification, that the said's Lords by their own Authority, would nominate and appoint a Visitor, and which deliverance being intimat to the Magistrates of Edinburgh, they in place of giving of obedience thereto, have nominate and appointed two Visitors, whereof David Pringle the present Deacon of the Surgeons is one which is in plain terms, to continue the conjunction of the two Calling of Chirurgery and pharmacy, and to render the Lords Decreet of Declarator, separating the same, Elusory and of no effect. And in regaird such Insolent proceed, cannot be justified as being a contempt of the Lords Authority, to which the Magistrates and Council of Edinburgh, aught to submit and give all obedience. And therefore humbly craving that the Lords without further delay, would nominate and appoint a Visitor for conveening the Fraternity of Apothecaries to meet on all occasions, and in Vindication of their own honour and Authority to inquire & censure such unwarrantable proceed, whereby notwithstaning of the Lords Decreet of Declarator, separating the two Callings of pharmacy and Cyrurgerie, the Magistrates and Council of Edinburgh, have presumed to nominate David Pringle present Deacon of the Surgeons to be a Visitor for the Apothecaries, and to discharge the said David Pringle upon pretence of the said Nommiation, to accept or to act in any such Capacity, he being by the foresaid Decreet of Declarator altogether incapable to sit and meet at the Table of the Apothecaries, but only at the Table of the Surgeons, which Supplication and desire thereof, being considered by the saids Lords, they ordained the Procurators for the Magistrates and Town Council of Edinburgh, to see and answer the samen, which being given up to their said Procurators to see, they returned the same with the Answers following, viz. That it is so great insolence in the said Apothecaries to offer to trouble the Lords with such a Bill against the Magistrates, who has been so kind to them, as to allow them to meet, whereas without their allowance, they could not meet nor have any Privilege at all, and yet the Magistrates have been most ungra efully used by them, which was very unbecoming any Burgess within the Town, far less the Apothecaries to whom the Magistrates have done so many favours, but in answer to the Petition, It was humbly represented to the Lords. 1. That it is the undoubted Privilege of the Burgh of Edinburgh granted to them, by the first Erection, that no person can convocat and conveen within the Burgh, unless by the Authority and appointment of the Magistrates which was confirmed, to them by several Charters under the great Seal, granted to them by his Majesty's Royal Predecessors. As also it is expressly provided by the Seventeenth Act Parliament eighteenth, King James the sixth, that no person nor persons, within the Burgh of whatever Rank or condition they be of, presume to take upon hand, under whatsomever Colour or Pretext, to Convocat or Assemble themselves together at any occasion, except they make due intimation of the lawful Cause of their Meetings to the Provost and Bailies within Burgh, and obtain their Licence thereto. 2. As this is clear from the Towns Charters by several Acts of Parliament, so it is likeways clear from the Set, and Decreet Arbitral pronounced by James his Majesty's Royal Grandfather of ever blissed Memory, by which it is expressly provided, that neither Merchands amongst themselves neither the Crafts and their Deacons or Visitors, shall have or make any particular or general Conventions, as Deacon with Deacons, Deacons with their Craft or Crafts amongst themselves far less, to make private Laws or Statutes to Poynd and Distringʒie at their own hands, for transgressions without advice and consent of the Provost, Bailies and Council, which is confirmed by Act of Parliament, by which it is evident, that none of the Crafts can meet among themselves, nor Deacon with Deacons, can warrantablely meet without warrant from the Magistrates, far less can any other Persons that are none of the Crafts meet amongst themselves without warrant from the Magistrates, who many appoint one to Conveen and proceed among them, and dissolve them at their pleasure, and appoint a Visitor, to any that they shall allow to be in a Fraternity as they shall think fit. 3. The Appothecaries not being any of the Fourteen Trades, which are only allowed by the Set, nor any part of the said's Crafts, they upon Applicat on made to the Surgeons in the year, 1657. desiring to come under their Potection, and that they would interpose for them to the Magistrates, to allow them to conveen with the Surgeons, and that there may be Visitors appointed, and to try Intrants, and accordingly the Magistrates by an Act of Council, did appoint two Visitors, an Chirurgeon and Apothecary, who with one or two of the Bailies and Dean of Gilled, might visit the sufficiency of all Drugs within the Burgh and Liberties thereof, which Act of the Town Council, was thereafter ratified by express Act of Parliament, in the year 1670. And be that Act of Parliament, it is provided that if any person shall find themselves prejudged and wronged by the determination of either of the said's Incorporations and Brotherhood respective, contrair to the Laws, Rights, Liberties and Privileges, and power granted to them or either of them, that then, and in that case they shall have recourse to the Magistrates and Council of Edinburgh, who may determine in these cases for both Parties, so that both be the said Act of Council, and Act of Parliament Ratifying the samen; It is evident, that the Apothecaries can have no Visitor, but such as the Town shall appoint, that there has always been a Chirurgeon one of the Visitors, and the Apothecaries having given in a Petition to the Magistrates, Craving that they may have the Sole benefit, and Privilege of the Act of Council in the year One Thousand Six Hundred Fifty Seven, and the Surgeons have given in a counter Petition, that now seeing the Apothecaries do separat themselves from them, and that the Apothecaries were none of the Fourteen Crafts, they ought not to have any Privilege at all by the said Act of Council in the year One thousand six hundred fifty seven, and the Magistrates that they might do that which was just and equal to them both, they did appoint an Apothecary, and the Deacon of the Surgeons to be Visitors, together with a bailie and the Dean of Gilled, with Power to the said's Visitors to do every thing as they were formerly Impowered to do by the foresaid Act of Council in the year One thousand six hundred fifty seven, which is Ratified by Act of Parliament; So that it is strange with what confidence these Apothecaries can contravert this new Act of Council made by the Magistrates, being conform to the former Act of Council, and Act of Parliament: And whereas it is pretended that the two Callings being now separat by Decreet of the Lords, a Chirurgeon ought not to be one of the Visitors to the Apothecaries. It is Answered, that it being the Privilege of the Magistrates, that no Person can meet under the notion of fraternities within the Burgh, unless by the Magistrates Warrant, they upon that Ground have undoubted Right to appoint one to proceed among them, and to be Visitors; and the Magistrates are not concerned in the Separation of the Tables, for that cannot derogat from their Privilege, and they may appoint any Person to proceed amongst them, albeit he were neither Apothecary nor Chirurgeon, but any of the Magistrates may be appointed to Visit and proceed; but it is likeways most necessary that an Chirurgean be appointed with an Apothecary to be Visitors; seeing that it is as  to consider the sufficiency of Drugs as well inward as outward applications; and the Deacon of the Surgeons appointed, being an Chirurgeon Apothecary, he has as good Skill of Drugs as any of the Apothcaries, and the Magistrates may appoint any Person to visit that has Skill of Drugs; as also, there is an express provision in the Patent granted to the Physians that all Drugs shall be visit by one of the Magistrates of the Town with an Apothecary and Chirurgeon Apothecary, and therefore this being the undoubted privilege of the Magistrates to name Visitors, and to appoint any person they shall think fit to conveen and proceed amongst such Persons as they shall allow to be in a fraternity, and having accordingly named Visitors, the Deacon of the Surgeons ought not to be Excluded, but the Desire of such an insolent and groundless Bill given in against the Magistrates by the Apothecaries who owes any Liberty they have to the Town, aught to be refused, and they ought to rest satisfied by the Nomination made by the Magistrates; And if it were otherways, than any Number of Persons that pretended to be a Calling, albeit none of them, any part of the Fourteen Trades might upon a Petition to the Lords crave a Visitor, and one to conveen and proceed amongst them, and so in place of Fourteen Crafts might have erect a hundred without consent of the Magistrates, which is downright contrair to the burgh's Privileges and the Set of the Burgh, which is confirmed by Act of Parliament; And it was never yet practised that any Visitor, or any Person that was appointed to proceed in a Fraternity was allowed, but such as were appointed by the Magistrates; and this being the great Privilege of the Burgh, which they have by the Set and Golden Charter; It is hoped the Lords will be very tender of the good Towns Privilege, and not put them in the Balance with the said few Apothecaries, in a matter that so much concerns the Towns Privileges; and therefore if the least difficulty remained with the Lords, humbly craved an hearing in their own presence; Whilk Supplication, desire thereof, and Answers above-written made thereto being at length read, heard, seen and considered by the saids Lords; And they being therewith well and ripely Advised, the Lords of Council and Session do pro hac vice, Nominat and appoint, and hereby Nominats and appoints John Joisie Apothecary Burgess of Edinburgh to be Visitor for conveening the Fraternity of Apothecaries on all occasions, and have found, and hereby finds that in time coming the Magistrates of Edinburgh ought to nominat one o● these Persons, who sit and meet at the Table of Apothecaries, to be Visitor of the said Fraternity of Apothecaries, Extractum de Libris actorum per me, Sic Subscribitur George Mackenzie, Clericus Registri.   

Follows another Act in Favours of the Apothecaries of Edinburgh.  
AT Edinburgh, the Twenty fifth day of March, One thousand six hundred eighty five years, anent the Supplication given in, and presented before the Lords of Council and Session, by the Apothecaries within the Burgh of Edinburgh, Showing that whereas the Lords having by the Decreet of declarator in the Petitioners Favours upon very Rational and important Considerations Separate the two Callings of Chirurgery and Pharmacy, and Ordained in time coming, the several Trades to sit at different Tables, for making of which Decreet effectual; The Petitioners having thereafter applied to the Magistrates and Town Council of Edinburgh for the time, that they might appoint a Visitor for conveening the Petitioners Fraternity, which they having refused, by the influence and importunity of the Deacons. The Lords did interpose their Authority by Ordaining them to do the samen; and thereafter they having in an insolent manner given in a sort of a mock Obedience to the Lords Sentence by nominating a Chirurgeon and an Apothecary to be joint Visitors of the Petitioners Fraternity, which was in effect a new Conjunction by their own Authority o● t●e two Trades, which the Lords by so solemn a Decreet has Separate, upon which high and insolent contempt of the Lords Sentences; th● Petitioners having thereafter presented a new Petition, Complaining of their said deportment, the Lords were pleased, after both the Chyrurgeon-Apothecaries, and the Town of Edinb●rgh their Procurators had given in Answers to the several Petitions, containing a full representation of all their Grounds, and finding that the Town of Edinburgh refused to give any obedience to supply the samen, by interposing the Lords Authority in vindication of their reiterated Acts and Sentences, and did appoint John Joissie to be sole Visitor, for conveening the Fraternity of Apothecaries on all occasions for that year; and did find, that in time-coming the Magistrates of Edinburgh ought to nominate one of these persons who sits at the Table of Apothecary's Visitor of the Fraternity, And now the Petitioners having applied to the present Magistrates for nominating a Visitor for this ensuing year, conform to the Lords former Ordinance, being one of these that sits at the Petitioners own Table, and to that effect, having given in a List of such persons, to the effect they might make a choice, they were so far from having any regard to the said's Lords Sentences and Acts , whereby the Trades were separate, and they appointed to nominat a Visitor of the Petitioners own Faternity, which were all given in to the Clerk, and produced before them in Council, that in manifest contempt thereof, by a previous Combination of the Deacons and Tradesmen, who influences the rest of the Council, they have again proceeded for this ensuing year, to nominat a Chirurgeon and an Apothecary, to be joint Visitors of the Petitioners Fraternity, and an intrant Apothecary having applied for a Trial, they have recommended him to the said's Visitors, which they always formerly refused; and likewise they refuse to give the Petitioners out an extract of their said Nomination, of purpose to protract this Session, that the Petitioners may not have occasion to seek redress from the Lords: And seeing they have no other remeid, but now to apply to the Lords, for vindication of their said's Privileges, and likewise of the Lords own Authority, against so frequent and reiterated acts of Contempt and Disobedience; and therefore humbly craving, that the Lords would be pleased as formerly, so far this ensuing year; to nominat one of these who sit at the Petitioners own Table, to be their Visitor, out of a List herewith given in or else to prevent the Lords trouble in all time-coming, to allow the Petitioners themselves to meet and choice yearly their own Visitor, and to admit of Intrants by the Petitioners own Authority, seeing the Town of Edinburgh have so frequently refused the same, as the said Supplication bears; which being Considered by the saids Lords, they Ordained the Procurators for the Magistrates and Town-Council of the said Burgh, to see the said Supplication, and to answer the same upon Tuesday next thereafter; which being accordingly given up to the said's Prucurators to see, they returned the samen with the Answers following, viz. That it is strange with what confidence the Apothecaries can give the Lords the trouble by such an groundless and insolent Bill, which doth so highly reflect upon the Magistrates, and it does evidently appear, that it seems they would state themselves in an Incorporation, without owning their privilege or dependence from the Magistrates, which is a down right Encroachment upon the Privileges of the City, that any that enjoys their Trade and Calling within the Good-Town, and are Burgesses, should treat the Magistrates at that rate that these Apothecaries does, whereas they had never so much as an allowance, nor could not meet on their pretended Fraternity, unless it had been by the Magistrates tolerance; so that it is most improper for them to call the Towns Privileges in question. Therefore it is Answered to the Petition, 1. That whatever Acts or Decreets they may pretend to have in their favours, separating the two Callings of Chirurgery and Pharmacy, and appointing distinct Tables, the Magistrates were not concerned in these Decreets, they not being called thereto, and so was res inter alios acta as to them; and whatever these Acts or Decreets may take amogst themselves, yet that can never prejudge the Privileges of the Good-Town. 2. By the Sett, which is the fundamental Constitution of the Burgh, and by many Laws and Acts of Parliament, it is expressly provided, That there shall be made no Meetings within Burgh, of any Society or Fraternity, but by the Warrant and Authority of the Magistrates: And if these Apothecaries, who pretend to a Fraternity, cannot so much as meet and conveen without Licence from the Magistrates, far more has the Magistrates Power to name who shall proceed amongst them, or Visitors who shall visit the Drugs in the Apothecary's Shops, and appoint the method and way and manner thereof within the said Burgh. 3. It is clear by the Patent granted to the Physicians, that the Drugs are to be visited by an Chyrurgeon-Apothecary and an Apothecary, so that the Magistrates and Town-Council having named Visitors, conform to the Physicians Patent under the Great-Seal, the samen can never be questioned as being done contrary to the pretended Privileges, but what the Good-Town is pleased to allow them. 4. It is clear by several Acts of his Majesty's privy Council, one in November and another in January last, posterior to all these foresaid Acts and Decreets which the Apothecaries founded upon, whereby it is expressly ordained, that the Drugs should be visited conform to the Physicians Patent, and consequently it ought to be done by an Chyrurgeon-Apothecary and an Apothecary, as is provided by the said Patent: And albeit the last Act of Council mentions two Apothecaries to be present, yet that can only be understood in the terms of the Patent, seeing that Act ordains expressly that the Visitation shall be made conform to the Patent. And seeing that by the Decreet separating the two Callings, it is expressly provided that the Chyrurgeon-Apothecaries that was then in exercise of both Callings, should continue in exercise of the samen during their lifetimes, & that the Magistrates & Town-Council has appointed an Chyrurgeon-Apothecary, who by the said Decreet has the liberty and freedom of exercising both Callings to be joined with an Apothecary for visiting the Drugs, the said Nomination so deliberately done by the Town-Council ought to be sustained; and it is humbly expected of the Lords Justice, that they would be tender of the Privileges of the Good-Town, and not to take from them that which is their greatest Privilege, which they enjoy by the Sett, and their ancient Rights, and Golden-Charter, granted to them by the King's Majesties Royal Predecessors, That no Society or Fraternity shall be allowed to meet within Burgh, but whom the Magistrates and Town-Council should allow; and that none shall proceed or conveen the said Fraternity, nor be appointed Visitors, but whom the Magistrates and Town-Council shall think fit: For if it should be otherways sustained, it would tend directly to overturn the fundamental and ancient Privileges of the Burgh, and therefore the desire of the Bill, as being most groundless and insolent and impertinent aught to be refused. Which Supplication, and desire thereof, and Answers above-written made thereto, being all at length read, heard, seen and considered by the saids Lords. The Lords of Council and Session, in regard of the said's Magistrates and Town-Council their irregular Nomination of Visitors, contrair to the said's Lords their former Act, Do as of before, pro hace vice, Nominat and Appoint, and hereby Nominats and Appoints John Fowlis Apothecary to be Visitor for Conveening the Fraternity of Apothecaries upon all occasions: And have found, and hereby finds, that the Magistrates in time-coming aught to nominat one of these persons who sit and meet at the Table of Apothecaries, to be Visitor of the said Fraternity. Extractum de libris Actorum, per me, Sic subscribitur, Geo: Mackenzie, Cler. Registr.   

Follows the Ratification in favours of the Apothecaries of Edinburgh. At Edinburgh, the sixteenth day of June, one thousand six hundred eighty and five years.  
OUR SOVEREIGN LORD, with Advice and Consent of the Estates of Parliament: Ratifies, Approves, and perpetually Confirms to and in favours of the Fraternity of Apothecaries within the Burgh of Edinburgh, all Liberties, Privileges, Immunities, Seals of Cause, or others whatsomever conceived in their favours, or granted to them at any time whatsomever, either by his Majesty, or the Good-Town of Edinburgh: And likewise, all Decreets, Acts, Sentences in their favours, either of his Majesty's privy Council, Lords of the Session, or any other Judicatory within this Kingdom, which are relative to their said's Privilidges, and specially but prejudice of the generality of an Decreet of Declarator before the Lords, dated the twenty fourth day of March one thousand six hundred and eighty two years: Declaring, That the Employments of Chirurgery and Pharmacy are distinct, and that the samen should not be exercised by one person within the City of Edinburgh and Liberties thereof, and all other Heads, Articles and Interloquitors conceived in their favours contained in the said Decreet; And likewise, two several Acts of the Lords of Session, one dated the twenty sixth day of March one thousand six hundred and eighty four years, and the other the twenty fifth day of March one thousand six hundred and eighty five years, whereby the said's Lords, upon the Town of edinburgh's refusal, did themselves nominat one who sits at the Table of the Apothecaries to be Visitor to their Fraternity, and likewise found, that the Magistrates of Edinburgh ought in all time-coming to nominat such a person to be their Visitor. Extracted forth of the Records of Parliament, by George Viscount of Tarbat, Lord Mackleod and Castlehaven, Clerk to his Majesty's Parliament, Council, Registers and Rolls, etc. Sic subscribitur, TARBAT, Cler. Registr.   

ACT in Favours of the Fraternity of the Apothecaries of Edinburgh.  
AT Edinburgh the ninth Day of March, one thousand six hundred and eighty six years, anent the Supplication given in and presented to the Lords of Council and Session by the Fraternity of Apothecaries within the Burgh of Edinburgh, Showing, that where the said's Lords by the Decreet of Declarator in the Petitioners favours upon very Rational and Important Considerations, separate the two Callings of Chirurgery and Pharmacy, and ordained in time coming the said's two Trades to sit at different Tables, for making which Decreet effectual, the Petitioners having thereafter applied to the Magistrates and Town-Council of Edinburgh, for the time that they might appoint a Visitor for conveening the Petitioners Fraternity, which they having then refused, the said's Lords did interpone their Authority by ordaining them to do the same, and thereafter they having in an insolent manner, to elude the said's Lords Sentence, nominate an Chirurgeon and an Apothecary to be joint Visitors of the said's Petitioners Fraternity, upon which the Petitioners did present a new Petition complaining of the said Deportment, the said Lords were pleased upon Consideration of the Bill and Answers, whereby it appeared that the Town of Edinburgh did refuse to give any Obedience to interpose their own Authority by appointing John Joissie to be sole Visitor for conveening the Fraternity of the Appothecaries for that year on all Occasions, and did find by their Interloquitor that in time coming, the Magistrates of Edinburgh ought to nominate on of these Persons who sit at the Table of Appothecaries' Visitor of the Fraternity, and notwithstanding of which Nomination and Deliverance in the Petitioners Favours, they having for the next ensuing year again applied to the Magistrates and Town-Council that they would nominat a Visitor of their own Fraternity, and having for that effect given in a List of several Persons of their own number that they might choice, they had so little regard to the said's Lords their former Ordination, that for that year they did again proceed in manifest contempt and Derision of the said's Lords Authority to nominat an Chirurgeon and an Apothecary to be joint Visitors of the Petitioners Fraternity which the said's Lords at the end of the last Session did so far resent, that upon a new Petition given in by the Petitioners, representing, that the said's procedure did Nominat and appoint John Fowlis Apothecary to be Visitor for that year, and found by their Interloquitor, that in all time coming, the Magistrates ought to nominate one who sits at the Apothecary's Table to be Visitor of the Fraternity, and that the Nominations made by the Magistrates at that time were irregular, as the several Acts therewith produced will testify; and likewise in farther Testimony of the said's Lords Displeasure, they did call in the Town Assessors for the time, and did publicly censure them for giving such unreasonable Advice in Contempt of the said's Lords Sentences, and although the Petitioners might now have expected that the Lords so frequent reiterated Ordinances would have met with very punctual Obedience, yet now the third time they have proceeded to that pitch of Contempt and Disobedience to the said's Lords their Authority, that the Petitioners having applied for a Visitor for this ensuing year, and conform to the said's Lords their Decreet and Ordinances, and having given in a list for that effect, they have conform to their former Custom again proceeded to Nominate an Apothecary and Chirurgeon to be Visitors of the Petitioners Fraternity, which to the high and manifest contempt of the said's Lords Authority, that tho' the Petitioners should be silent the said's Lords are concerned to vindicate the same, and to fall upon some expedient for the Future for making the said's Lords Decreets in the Petitioners Favours effectual, and preventing such Encroachments upon the Petitioners privileges, that it may not be in the power of the Town of Edinburgh to reunite these two Trades which the said's Lords has separat by so solemn a Decreet which is all upon the matter as to assume to themselves the power of reducing the said's Lords Sentences; and therefore humbly craving that the said's Lords would be pleased as they did for these two years preceding to nominat pro hac vice one of the Petitioners own Fraternity conform to a Bill given in; And likewise seeing that every year the said's Lords met with this trouble, and the Magistrates seem to be obstinate in their Disobedience to the said's Lords Decreet, that therefore the said's Lords in time coming for preventing such trouble, would allow the Petitioners to choice their own Visitor in all time coming, as in the said Supplication is at more length contained, whilk Supplication and desire thereof being considered by the saids Lords, they ordained the Magistrates of Edinburgh their Procurators to see the Petition and to answer there to against the next day thereafter peremptory; And the said's Magistrates of Edinburgh their Procurators having failyied to give in Answers to the said Petition, the said's Lords in respect thereof granted warrant to Macers to cite the Magistrates of Edinburgh to compear and answer to the Petiton above-written, upon Tuesday next being the day and date of their presents, and appointed them this day to produee the Act mentioned in the foresaid Petition, whereby they did Nominat an Apothecary and a Chirurgeon Visitors of the Fraternity of Appothecaries for this year by virtue whereof, upon the eight day of March instant, William Maxwell one of the Macers before the Lords lawfully Cited the Provost, Bailies, Dean of Gilled, and Thesaurer of the said Burgh of Edinburgh, present Magistrates thereof, to Compear before the saids Lords this day, bringing with them the foresaid Act, in obedience whereunto compeared the saids Magistrates of Edinburgh, in presence of the said's Lords by Sir John Lauder Advocate their Procurator, who for them produced two Acts of Council, the one whereof is dated the twenty sixth day of February last by past, whereby the said's Magistrates of Edinburgh Elected and choised John Joisie Apothecary to be Visitor for this ensuing year, for conveening of the said Fraternity of Apothecaries upon all occasions, and the other of the said's Acts dated the third day of March instant, whereby the said's Magistrates upon a Petition given in by the Chirurgeon Apothecaries of the said Burgh, appointed David Pringle, Chirurgeon Apothecary to be Visitor for the Chirurgeon Apothecaries for this ensuing year, providing it be agreeable to the Lords Decreet, and Acts made anent the Apothecaries and Chirugreon Apotheciares; and the Patent granted by his Majesty to the College of Physicians and no otherways, as the said's two Acts bears, which Supplication and desire thereof, with the foresaids two Acts produced by the Magistrates of Edinburgh, in obedience to the said's Lords their Ordinance above-exprest, by the first of which they did nominat John Joisie Visitor, and by the last David Pringle Chirurgeon Apothecary, Visitors for the Chirurgeon Apothecaries, being all at length heard, seen and considered by the saids Lords, and they therewith being well and reaply advised; The said's Lords have found, and hereby finds the last Nomination of David Pringle to be void & null, and declares the samen to bear no Faith in Judgement, nor out with the same in time coming, and have appointed, and hereby appoints John Joisie to be sole Visitor for conveening the Fraternity of Apothecaries this year at all Occasions, and the said's Lords declare that if the Magistrates and Town Council of Edinburgh, shall at any time hereafter contraveen the former Act by nameing a Chirurgeon Apothecary Visitor for the Fraternity of the said's Apothecaries yearly, they will allow the said's Apothecaries to name their own Visitor in all time coming. Extractum ex Libro actorum per me, Sic Subscribitur. TARBAT. Clk.   

One other Act in Favours of the Fraternity of the Apothecaries of Edinburgh.  
AT Edinburgh, the Thirty day of June, One thousand six hundred and eighty seven years, anent the Petition given in, and presented to the Lords of Council and Session by the Fraternity of Apothecaries within the Burgh of Edinburgh, showing that whereas the Lords after the Decreet of Separation of the two Callings of Pharmacy and Chirurgery did appoint them to sit at different Tables, and likeways did appoint the Town of Edinburgh, by several Acts and Deliverances to nominat one of their Fraternity to be Visitor o● the Calling, & the Town being so influenced by the Chirurgeon Apothecaries who are one of the Trades, as always to Nominat one of their own Number to be their Visitor in manifest contempt of the Lords frequent and reiterated Acts, which the Lords did find so unreasonable, and inconsistent with the ends of the Separation, that now for th●se five or six years' last by past, when the Town did nominat an Chirurgeon Apothecary to be Visitor, the Lords did most justly Rescind the said Nomination, and every year since the said Separation in respect of their contumacy and disobedience did nominat one of the Petitioners number to be Visitors, and by an Act in the Petitioners Favours, in March, One thousand six hundred and eighty six years, the Lords did not only Rescind the Nomination of David Pringle, and did nominat John Joisie in his place who is a simple Apothecary to be Visitor of the Fraternity for the then ensuing year, but likeways declared that if the Magistrates and Town Council of Edinburgh, should at any time thereafter nominat an Chirurgeon Apothecary to be the Petitioners Visitor, that they would devolve upon the Petitioners themselves, the Nomination in all time coming of their own Visitor; And likeways the Petitioners having applied to the Lords in December last, upon the Illegal Nomination of John bailie, and Mr. James Mackmath, the Town of Edinburgh, and the Chirurgeon Apothecaries did give in an Answer founded upon an Patent from His Majesty in their Favours, taking off the said Decreet of Separation and reuniting the Trades, and the Lords by their Deliverance after they were three or four times Ordained to produce the said Patent, did at length in respect of their refuseal to produce the samen Discharge the two Persons then Nominat to Officiat, and did appoint John Joisie to conveen who was formerly Nominat by the Lords until the expiring of the year for which he was Nominat, and now the year being elapsed, and the Petitioners having again applied to the Town Council, and gave in a List of these of the Petitioners Fraternity, the Magistrates by their Deliverance, have not only refused the Desire of the Bill, in respect of the Patent granted in Favours of the Chirurgeon Apothecaries, but have appointed the two persons whom the Lords formerly discharged to Officiat, to be again received, viz. John bailie, and Mr. James Mackmath. And therefore humbly craving, that seeing the Lords by their Deliverance in March one thousand six hundred and eighty six years, declared, if the Town-Council would proceed to nominat an Chyrurgeon-Apothecary to be the Petitioners Visitor in time-coming, the Lords would allow the Petitioners to nominat their own Visitor; and likewise they have refused to produce their Patent to the Lords in December last, though they founded their Answers thereupon to the Petitioners Petition, that therefore the Lords would be pleased upon the Considerations foresaid, in the first place to discharge John bailie, & Mr. James Mackmath to Officiat in the said Office, as the said's Lords did formerly in December last, and to Nominat one of the Petitioners number, according to the List given in, or to free the Lords of this perpetual trouble, that the Lords would allow the Petitioners the Nomination of their own Visitor in all time-coming, as the said's Lords declared by their Deliverance in March one thousand six hundred and eighty six years. Whilk Petition and desire thereof, being read in Audience of the said's Lords, and they being therewith well and 〈◊〉 ●●vised: The Lords of Council and Session, have discharged, and hereby discharges 〈…〉 ●●●sons Nominat Visitors by the Town-Council of Edinburgh to Officiat, and have Nom●●●●●● and Appointed, and hereby Nominats and Appoints Hugh Neilson to be Visitor of the 〈…〉 ●●●ternity of the Apothecaries for this year. Extractum ex libro actorum, per me, sic subsc●●bitur. Al Gibson.   

One other Act in Favours of the Fraternity of Apothecaries of Edinburgh.  
AT Edinburgh, the Ninteen day of July, 1683, years, Anent the Petition given in, and presented to the Lords of Council and Session, be the Fraternity of the Apothecaries within the Burgh of Edinburgh. Showing that whereas the Lords having by their Decreet several years ago, upon very rational and Important Grounds, separate the two Callings of Pharmacy and Chirurgery, and for making the said Separation effectual, did appoint them to Sat at two different Tables, and the Lords having afterwards appointed the Town of Edinburgh, by several Acts and diliverances to nominat, one of their Fraternity to be Visitor of the Calling, and the Town having always complied with the Chyrurgeon-Apothecaries, who are one of their Trads, to nominat one of their Number to be Visitors to the Apothecaries, which the Lord did find so unreasonable, and Inconsistent with the ends of the separation, that now for these four years by past, when they did nominat an Chyrurgeon-Apothecarie, the Lords did most justly rescind the said Nomination, and in respect of their Contimacie and disobedience, did themselves nominat, ane simple Apothecary for these several years by past, and did so far resent the disobedience that in March, 1685, years, Sir Patrick Hume the Towns Assessor, for the time was called in before the Lords, and publicly rebuked, for giving the Town so unreasonable an advice, and particularly in March, 1686, years, the Lords by their Act in the Apothecary's favours, which is produced in Process, sand that the Nomination of David Pringle a Chyrurgeon-Apothecarie, was void and null, and in his place appoint John Joisie a simple Apothecary, to be sole Visitor for that year, and farther declared, that if the Magistrates and Town Council of Edinburgh, should at an time thereafter nominate ane Chyrurgeon-Apothecarie to be Visitor of the Apothecary's Fraternity, that the Lords would allow the Petitioners, to name their own Visitor in all time coming, likeas the Town Council of Edinburgh, having in December, 1686, years, upon pretence of a Patent lately obtained from his Majesty, in favours of the Chyrurgeons-Apothecaries, taken upon them to Nominat a Visitor to the Petitioners Fraternity, notwithstanding that John Joisie, was at the time Visitor be the Lords own appointment, and that this year was not expired, the Lords were pleased by their Interloquitor upon the eighteen of December, the said year to Discharge the Visitor, appointed be the Town Council, and to continue the said John Joisie Visitor of the Petitioners Fraternity, until the expiring of the year, for which he was nominat by the Lords. And farther in Anno 1687, the Petitioners did apply to the Town Council, to nominat a Visitor which they having delayed, the Petitioners were necessitat again to mean themselves to the Lords, and after hearing all the answers given in by the Town Council, the Lords did appoint Hugh Nilson to be Visitor for that year, as is evident by the Act produced in Process, and now the Petitioners having again applied to the Magistrates and Town Council, to appoint a Visitor to the Petitioners Fraternity for this year, they have after their usual manner delayed to give any answer, and since the Petitioners have no otherways of Redress, against so frequent and reiterated Acts of contempt, and disobedience to the Lords Authority, and encroachments upon just Privileges, but to make a new Complaint and Representation of the said's abuses, and therefore humbly Craving the Lords would consider the former Acts for these several years by past, and particularly that in March, 1686, whereby the Lords nominate John Joisie for that year, and declaired that if the Town did nominat in any time thereafter a Chyrurgeon-Apothecarie, that the Lords would allow the Petitioners to choice and nominat their own Visitor, as the last Act in June, 1687. appointing Hugh Neilson to be Visitor for that year ensueing, and to save the Lords from all further trouble, to declair that in all time coming, that the Petitioners shall have liberty to Choice, and nominat their own Visitor, as in the said Petition at more length, is conteained whilk Petition being Read in Audience of the said's Lords, they ordained the Procurators of the Town of Edinburgh, to see the said Petition, and answer the same the next day peremptory, according whereinto the Procurators of the said Town of Edinburgh, having got up the Petition to see, they reproduced the samen, and gave in the answers 〈…〉 as follows, viz. It is answered that their being a Petition given in to the Town ●●●●cil of Edinburgh, by the simple Apothecaries, the beginning of this Month of July, ●●ving that the Magistrates would nominat one of their Number, to be Visitor for this en●●eing year, the Town Council of Edinburgh, did most warrantably and Moderately carry ●●erein, by ordaining the Chyrurgeon-Apothecaries, to see and answer the foresaid Petition, ●ut before their answers could be given, or the Magistrates could meddle with it, the Convention of Burrows, and the Lord Provost his going to Court so Interveened, that the Town Council could give no answer to the foresaid Petition, while that now after mature deliberation, and takeing his Majesty's Royal Gift, restoring the Chyrurgeon-Apothecaries to their former Privileges, notwithstanding of ane previous Decreet of Separation, with a Letter from the Secretary of State, direct to the Lord High Chancellor, bearing his Majesty's Inclinations, that his Lordship and the Precedent of the Session, should consider both Patents, Decreets of Separation, and all other differences betwixt the Physicians, Chyrurgeons-Apothecaries, and simple Apothecaries, that the same Might be reported to his sacred Majesty, and the determination might be made by his Majesty, as might end these Debats betwixt them, and in the mean time Stopping all Process relating thereunto, until his Majesty's further pleasure should be known therein, they have upon such unquarrellable grounds, and his sacred Majesty's Pleasure and Command so often repeated to them, declared that they can do no Deed prejudicial thereto, until the will of the said Letter be fulfilled, or the new Gift in favours of the Chirurgeon Apothecaries be reduced, as the Double of the said Letter from the Secretary of State direct to the Lord High Chancellor, with the double of the simple Apothecaries Petition to the Town Council of Edinburgh, and their Deliverance on the back thereof produced testified; by all which it appears that the Magistrates of Edinburgh have not been in mora, as is falsely suggested, but they as all their Predecessors have still given ready Obedience to his Majesty's Commands, and did not think it fit after so full and ample a Gift to such a distinct & clear Letter, to meddle with either Parties therein, but the Truth is, this Affair is managed by a Company of some headstrong People, who make it their Business to creat● Division, and make Parties in all the Societies and Incorporations of the Town, and who being sworn Burgesses thereto, for which calumnious Petitions as they have given in these several years bygone against the Magistrates of Edinburgh their Patrons, they ought not only to be severely punished therefore, but in all time coming be discharged to give in such Petitions, or at least while the Lords gave their final Sentence in the whole matter as his Majesty requires, otherways this may be an encouragement to the meanest Inhabitant of the Town to misrepresent the Magistrates, who are acting and doing nothing but by his Majesty's Command, especially seeing the whole Affair is managed but by two or three discontented Apothecaries, the major part refusing to comply therein, as the said Answers bears, which Petition and Answers made thereto being all at length heard, read, seen and considered by the saids Lords, and the Copy of the Secretary's Letter given in theirwith, & they therewith being well & ripely advised. The Lords of Council and Session have Nominat and Appointed, and thereby nominats and appoints John Joisie simple Apothecary, Visitor to the Fraternity of Apothecaries for that ensuing year. Extractum de libro actorum per me, Sic subscribitur Al. Gibson.