appoint Visitors as they shall think fit that being the Towns particular priviledge both by their Charters and by their Sett it being expresly 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 Magistrats and Town Council Tertio It is a strange piece of confidence that the Apothecaries should desire that the Magistrats and Town Council should be ordained to appoint a Visitor for conveening their Fraternity and to grant such priviledges as they shall desire which is down right centrair to the priviledges 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 Magistrats then which there can be nothing more rediculous and absurd and therefore seing the Chirurgeons and Chirurgeon Apothecaries are not obliged Summarly to answer a Bill and that this Proces is already depending before the Town Council to whom it properly belongs to cognosce upon such differences and that the Magistrats whose priviledges are principally concerned are not called the desire of the Bill as most groundless and absurd ought 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 Magistrats 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 saids Lords shewing that where the Petitioners having applyed to the Lords representing that albeit they had several times petitioned the Magistrats and Town Council of Edinburgh to nominat and appoint a Visitor to the effect the Apothecaries might meet and conveen for tryal and Examination of intrants and doing their other affairs yet notwithstanding such w s the power and influence of the Chirurgeons that they could not obtain so just a desire and which was done of purpose that the Petitioners might be deprived of the benefite of your Lordships Decreet of Declarator separating of the two Callings of Pharmacie and Chyrurgerie 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 accordinglie ordain the Magistrats of Edinburgh to nominate a Visitor betwixt and the twenty one with Certification that the saids Lords by their own Authority would nominate and appoint a Visitor and which deliverance being intimat to the Magistrats of Edinburgh they in place of giving of obedience thereto have nominate and appointed two Visitors whereof David Pringle the present Deacon of the Chyrurgeons is one which is in plain terms to continue the conjunction of the two Calling of Chyrurgerie and Pharmacie and to render the Lords Decreet of Declarator separating the same Elusory and of no effect And in regaird such Insolent proceedings cannot be justified as being a contempt of the Lords Authority to which the Magistrats and Council of Edinburgh ought to submit and give all obedience And therefore humbly craving that the Lords without furder 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 Authori y to inquire censure such unwarrantable proceedings whereby notwithstaning of the Lords Decreet of Declarator separating the two Callings of Pharmacie and Cyrurgerie the Magistrats and Council of Edinburgh have presumed to nominate David Pringle present Deacon of the Chyrurgeons 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 Chyrurgeons which Supplication and desire thereof being considered by the saids Lords they ordained the Procurators for the Magistrats 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 Magistrats who has been so kind to them as to allow them to meet whereas without their allowance they could not meet nor have any Priviledge at all and yet the Magistrats 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 Priviledge 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 Magistrats which was confirmed to them by several Charters under the great Seal granted to them by his Majesties Royal Predicessors As also it is expresly provided by the Seventeenth Act Parliament eighteenth King James the Sixt 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 Baillies 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 Majesties Royal Grand-Father of ever blissed Memorie by which it is expresly provided that neither Merchands amongst themselves neither the Crafts and their Deacons or Visitors shal 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 Statuts to Poynd and DistringÈie at their own hands for transgressions without advice and consent of the Provost Baillies 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 warrand from the Magistrats far less can any other Persons that are none of the Crafts meet amongst themselves without warrand from the Magistrats who many appoint one to Conveen and proceed among them and disolve 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
Petitioners had any thing in Law to represent upon the morrow thereafter against the oblidging them to sit at one Table and to have the priviledges of both they would hear them and thereafter there was an other Supplication given in to the saids Lords by the said Chirurgeon Apothecaries shewing That where they immediatly after sight of the saids Lords their last deliverance upon the foresaid Bill given by them past that same Afternoon which came to the Supplicants hands late at Night the Petitioners did their utmost endeavour to procure meeting of their Advocats which after all imaginable diligence they could not obtain in respect they were surcharged with a crude of Affairs the penult day of the Session and seing there were a great many matters of Fact coming daily to the Petitioners knowledge whereby the inconsistency of the separation of the two Tables of Chirurgery and Pharmacy during the Petitioners lifetimes even to former Interloquitors will unquestionably be made appear and which requires only the deliberat advice of their Lawyers to put in form It was therefore humbly craved the saids Lords would ordain the Petitioners Advocats to Consult them therein to the effect the saids Lords might be fully cleared in that point being confident to assert that neither the Pursuers nor Physicians their assistants has or shall be have more loyaltie towards his Majesty some of the Petitioners being at Worchester Fight attending upon his Person and sequestrat for their loyaltie by the Usurpers nor has been nor shall be more obsequous and ready to serve the saids Lords and Leidges with their skill and pains with the Petitioners who has given proof to the whole Nation how useful and necessar these Employments has been in their persons as the said last Supplication also extant in Proces more fully bears and which being likeways read in presence of the saids Lords and they having heard seen and considered the samen found the desire thereof improper for them to meddle in and refused to give any stop upon such pretences and ordained the Decreet to be given out Extractum de libris actorum per me sic Subscribitur George MackenÈie 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 shewing that where there being a Decreet of Declarator pronounced by the Lords separating the two Callings of Chirurgerie and Pharmacie 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 Chirurgeons 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 Magistrats and Council to nominat and appoint to them a Visiter 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 priviledges therein contained did now properly belong to the Fraternity of Apothecaries and not to the Apothecarie Chirurgeons as being declared by the said Decreet to be separat 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 Chirurgeons was thereafter stopped and albeit the Petitioners has by renewed applications earnestly desired the Magistrats 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 Chirurgeons The present Deacon who is a counseller being a Chirurgeon Apothecary and in regard it is just and necessar 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 Chirurgerie and Pharmacie was found by the Lords to be consonant to Law and founded upon consideration of publick utility and the good of his Majesties Subjects and that the said Decreet of Declarator for separating these two Callings of Pharmacy and Chirurgery would be rendred Elusory and of no effect if the Petitioners shall not have a Visiter 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 priviledges 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 Apothecaries Chirurgeons and therefore humbly craving that the Lords would in vindication of their own authority as well as the Petitioners Right ordain the present Magistrats 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 Edinburghs Seal declarseng the foresaid Act dated the twenty fifth of March one Thousand six hundred and fifty seven and the priviledges 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 Magistrats 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 saids 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 rediculous Bill seing they are not obliged Summarlie to answer upon a Bill no man being obliged to answer upon a Bill where there is no depending Proces except he be a Member of the Colledge 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 Proces 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 haveing given in a Petition to the Town Council to the same purpose to whom it is proper to cognosce upon such differences and to
influence and importunity of the Deacons The Lords did interpose their Authority by Ordaining them to do the samen and thereafter they having in an insolent manner given in a sort of a mock Obedience to the Lords Sentence by nominating a Chirurgeon and an Apothecary to be joynt Visitors of the Petitioners Fraternity which was in effect a new Conjunction by their own Authority oâ— tâ—e two Trades which the Lords by so solemn a Decreet has Separat upon which high and insolent contempt of the Lords Sentences thâ— Petitioners having thereafter presented a new Petition Complaining of their said deportment the Lords were pleased after both the Chyrurgeon-Apothecaries and the Town of Edinbâ—rgh their Procurators had given in Answers to the several Petitions containing a full representation of all their Grounds and finding that the Town of Edinburgh refused to give any obedience to supply the samen by interposing the Lords Authority in vindication of their reiterated Acts and Sentences and did appoint John Joissie to be sole Visitor for conveening the Fraternity of Apothecaries on all occasions for that year and did find that in time-coming the Magistrats of Edinburgh ought to nominate one of these persons who sits at the Table of Apothecaries Visitor of the Fraternity And now the Petitioners having applyed to the present Magistrats for nominating a Visitor for this ensuing year conform to the Lords former Ordinance being one of these that sits at the Petitioners own Table and to that effect having given in a List of such persons to the effect they might make a choice they were so far from having any regard to the saids Lords Sentences and Acts above-mentioned whereby the Trades were separate and they appointed to nominat a Visitor of the Petitioners own Faternity which were all given in to the Clerk and produced before them in Council that in manifest contempt thereof by a previous Combination of the Deacons and Tradesmen who influences the rest of the Council they have again proceeded for this ensuing year to nominat a Chyrurgeon and an Apothecary to be joint Visitors of the Petitioners Fraternity and an intrant Apothecary having applyed for a Tryal they have recommended him to the saids Visitors which they always formerly refused and likewise they refuse to give the Petitioners out an extract of their said Nomination of purpose to protract this Session that the Petitioners may not have occasion to seek redress from the Lords And seing they have no other remeid but now to apply to the Lords for vindication of their saids Priviledges and likewise of the Lords own Authority against so frequent and reiterated acts of Contempt and Disobedience and therefore humbly craving that the Lords would be pleased as formerly so far this ensuing year to nominat one of these who sit at the Petitioners own Table to be their Visitor out of a List herewith given in or else to prevent the Lords trouble in all time-coming to allow the Petitioners themselves to meet and choise yearly their own Visitor and to admit of Intrants by the Petitioners own Authority seing the Town of Edinburgh have so frequently refused the same as the said Supplication bears which being Considered by the saids Lords they Ordained the Procurators for the Magistrats and Town-Council of the said Burgh to see the said Supplication and to answer the same upon Tuesday next thereafter which being accordingly given up to the saids Prucurators to see they returned the samen with the Answers following viz. That it is strange with what confidence the Apothecaries can give the Lords the trouble by such an groundless and insolent Bill which doth so highly reflect upon the Magistrats and it does evidently appear that it seems they would state themselves in an Incorporation without owning their priviledge or dependance from the Magistrats which is a down right Incroachment upon the Priviledges of the City that any that enjoys their Trade and Calling within the Good-Town and are Burgesses should treat the Magistrats at that rate that these Apothecaries does whereas they had never so much as an allowance nor could not meet on their pretended Fraternity unless it had been by the Magistrats tollerance so that it is most improper for them to call the Towns Priviledges in question Therefore it is Answered to the Petition 1. That whatever Acts or Decreets they may pretend to have in their favours separating the two Callings of Chyrurgery and Pharmacy and appointing distinct Tables the Magistrats were not concerned in these Decreets they not being called thereto and so was res inter alios acta as to them and whatever these Acts or Decreets may take amogst themselves yet that can never prejudge the Priviledges of the Good-Town 2. By the Sett which is the fundamental Constitution of the Burgh and by many Laws and Acts of Parliament it is expresly provided That there shall be made no Meetings within Burgh of any Society or Fraternity but by the Warrand and Authority of the Magistrats And if these Apothecaries who pretend to a Fraternity cannot so much as meet and conveen without License from the Magistrats far more has the Magistrats Power to name who shal proceed amongst them or Visitors who shal visit the Drugs in the Apothecaries Shops and appoint the method and way and manner thereof within the said Burgh 3. It is clear by the Patent granted to the Physicians that the Drugs are to be visited by an Chyrurgeon-Apothecary and an Apothecary so that the Magistrats and Town-Council having named Visitors conform to the Physicians Patent under the Great-Seal the samen can never be questioned as being done contrary to the pretended Priviledges but what the Good-Town is pleased to allow them 4. It is clear by several Acts of his Majesties privy Council one in November and another in January last posterior to all these foresaid Acts and Decreets which the Apothecaries founded upon whereby it is expresly ordained that the Drugs should be visited conform to the Physicians Patent and consequently it ought to be done by an Chyrurgeon-Apothecary and an Apothecary as is provided by the said Patent And albeit the last Act of Council mentions two Apothecaries to be present yet that can only be understood in the terms of the Patent seing that Act ordains expresly that the Visitation shal be made conform to the Patent And seing that by the Decreet separating the two Callings it is expresly provided that the Chyrurgeon-Apothecaries that was then in exercise of both Callings should continue in exercise of the samen during their lifetimes that the Magistrats Town-Council has appointed an Chyrurgeon-Apothecary who by the said Decreet has the liberty and freedom of exercising both Callings to be joined with an Apothecary for visiting the Drugs the said Nomination so deliberatly done by the Town-Council ought to be sustained and it is humbly expected of the Lords Justice that they would be tender of the Priviledges of the Good-Town and not to take from them that
of the Chirurgeon Apothecaries but have appointed the two persons whom the Lords formerly discharged to Officiat to be again received viz. John Baillie and Mr. James Mackmath And therefore humbly craving that seing the Lords by their Deliverance in March one thousand six hundred and eighty six years declared if the Town-Council would proceed to nominat an Chyrurgeon-Apothecary to be the Petitioners Visitor in time-coming the Lords would allow the Petitioners to nominat their own Visitor and likewise they have refused to produce their Patent to the Lords in December last though they founded their Answers thereupon to the Petitioners Petition that therefore the Lords would be pleased upon the Considerations foresaid in the first place to discharge John Baillie Mr. James Mackmath to Officiat in the said Office as the saids Lords did formerly in December last and to Nominat one of the Petitioners number according to the List given in or to free the Lords of this perpetual trouble that the Lords would allow the Petitioners the Nomination of their own Visitor in all time-coming as the saids Lords declared by their Deliverance in March one thousand six hundred and eighty six years Whilk Petition and desire thereof being read in Audience of the saids Lords and they being therewith well and 〈◊〉 â—â—vised The Lords of Council and Session have discharged and hereby discharges 〈…〉 â—â—â—sons Nominat Visitors by the Town-Council of Edinburgh to Officiat and have Nomâ—â—â—â—â—â— and Appointed and hereby Nominats and Appoints Hugh Neilson to be Visitor of the 〈…〉 â—â—â—ternity of the Apothecaries for this year Extractum ex libro actorum per me sic subscâ—â—bitur Al Gibson One other Act in Favours of the Fraternity of Apothecaries of Edinburgh AT Edinburgh the Ninteen day of July 1683 years Anent the Petition given in and presented to the Lords of Council and Session be the Fraternity of the Apothecaries within the Burgh of Edinburgh Shewing that whereas the Lords having by their Decreet several years ago upon very rational and Important Grounds separat the two Callings of Pharmacy and Chyrurgerie and for makeing the said Separation effectual did appoint them to Sit at two different Tables and the Lords having afterwards appointed the Town of Edinburgh by several Acts and diliverances to nominat one of their Fraternity to be Visitor of the Calling and the Town having always complyed with the Chyrurgeon-Apothecaries who are one of their Trads to nominat one of their Number to be Visitors to the Apothecaries which the Lord did find so unreasonable and Inconsistent with the ends of the separation that now for these four years by past when they did nominat an Chyrurgeon-Apothecarie the Lords did most justly rescind the said Nomination and in respect of their Contimacie and disobedience did themselves nominat ane simple Apothecarie for these several years by past and did so far resent the disobedience that in March 1685 years Sir Patrick Hume the Towns Assessor for the time was called in before the Lords and publickly rebuked for giving the Town so unreasonable an advice and particularlie in March 1686 years the Lords by their Act in the Apothecaries favours which is produced in Proces sand that the Nomination of David Pringle a Chyrurgeon-Apothecarie was void and null and in his place appoint John Joisie a simple Apothecarie to be sole Visitor for that year and farder declared that if the Magistrats and Town Council of Edinburgh should at an time thereafter nominate ane Chyrurgeon-Apothecarie to be Visitor of the Apothecaries Fraternity that the Lords would allow the Petitioners to name their own Visitor in all time coming likeas the Town Council of Edinburgh having in December 1686 years upon pretence of a Patent lately obtained from his Majesty in favours of the Chyrurgeons-Apothecaries taken upon them to Nominat a Visitor to the Petitioners Fraternity notwithstanding that John Joisie was at the time Visitor be the Lords own appointment and that this year was not expired the Lords were pleased by their Interloquitor upon the eighteen of December the said year to Discharge the Visitor appointed be the Town Council and to continue the said John Joisie Visitor of the Petitioners Fraternity until the expiring of the year for which he was nominat by the Lords And farder in Anno 1687 the Petitioners did apply to the Town Council to nominat a Visitor which they having delayed the Petitioners were necessitat again to mean themselves to the Lords and after hearing all the answers given in by the Town Council the Lords did appoint Hugh Nilson to be Visitor for that year as is evident by the Act produced in Proces and now the Petitioners having again applyed to the Magistrats and Town Council to appoint a Visitor to the Petitioners Fraternity for this year they have after their usual manner delayed to give any answer and since the Petitioners have no otherways of Redress against so frequent and reiterated Acts of contempt and disobedience to the Lords Authority and incroachments upon just Priviledges but to make a new Complaint and Representation of the saids abuses and therefore humbly Craving the Lords would consider the former Acts for these several years by past and particularly that in March 1686 whereby the Lords nominate John Joisie for that year and declaired that if the Town did nominat in any time thereafter a Chyrurgeon-Apothecarie that the Lords would allow the Petitioners to choise and nominat their own Visitor as the last Act in June 1687. appointing Hugh Neilson to be Visitor for that year ensueing and to save the Lords from all furder trouble to declair that in all time coming that the Petitioners shall have liberty to Choise and nominat their own Visitor as in the said Petition at more length is conteained whilk Petition being Read in Audience of the saids Lords they ordained the Procurators of the Town of Edinburgh to see the said Petition and answer the same the next day peremptorie according whereinto the Procurators of the said Town of Edinburgh having got up the Petition to see they reproduced the samen and gave in the answers 〈…〉 as follows viz. It is answered that their being a Petition given in to the Town â—â—â—â—cil of Edinburgh by the simple Apothecaries the beginning of this Moneth of July â—â—ving that the Magistrats would nominat one of their Number to be Visitor for this enâ—â—eing year the Town Council of Edinburgh did most warrantably and Moderatly carie â—â—erein by ordaining the Chyrurgeon-Apothecaries to see and answer the foresaid Petition â—ut before their answers could be given or the Magistrats could medle with it the Convenâ—â—on of Burrows and the Lord Provost his going to Court so Interveened that the Town Council could give no answer to the foresaid Petition while that now after mature deliberation and takeing his Majesties Royal Gift restoring the Chyrurgeon-Apothecaries to their former Priviledges notwithstanding of ane previous Decreet of Separation with a Letter from the Secretary of State direct to the Lord High Chancellour bearing his Majesties Inclinations that his Lordship and the President of the Session should consider both Patents Decreets of Separation and all other differences betwixt the Physitians Chyrurgeons-Apothecaries and simple Apothecaries that the same Might be reported to his sacred Majestie and the determination might be made by his Majestie as might end these Debats betwixt them and in the mean time Stopping all Process relating thereunto until his Majesties further pleasure should be known therein they have upon such unquarrellable grounds and his sacred Majesties Pleasure and Command so often repeated to them declared that they can do no Deed prejudicial thereto until the will of the said Letter be fulfilled or the new Gift in favours of the Chyrurgeon Apothecaries be reduced as the Double of the said Letter from the Secretary of State direct to the Lord High Chancellor with the double of the simple Apothecaries Petition to the Town Council of Edinburgh and their Deliverance on the back thereof produced testified by all which it appears that the Magistrats of Edinburgh have not been in mora as is falsly suggested but they as all their Predecessors have still given ready Obedience to his Majesties Commands and did not think it fit after so full and ample a Gift to such a distinct clear Letter to meddle with either Parties therein but the Truth is this Affair is managed by a Company of some head-strong People who make it their Business to creatâ— Division and make Parties in all the Societies and Incorporations of the Town and who being sworn Burgesses thereto for which calumnious Petitions as they have given in these several years bygone against the Magistrats of Edinburgh their Patrons they ought not only to be severly punished therefore but in all time coming be discharged to give in such Petitions or at least while the Lords gave their final Sentence in the whole matter as his Majesty requires otherways this may be an incouragement to the meanest Inhabitant of the Town to misrepresent the Magistrats who are acting and doing nothing but by his Majesties Command especially seing the whole Affair is managed but by two or three discontented Apothecaries the major part refusing to comply therein as the said Answers bears which Petition and Answers made thereto being all at length heard read seen and considered by the saids Lords and the Copy of the Secretaries Letter given in theirwith they therewith being well ripely advised The Lords of Council and Session have Nominat and Appointed and thereby nominats and appoints John Joisie simple Apothecary Visitor to the Fraternity of Apothecaries for that ensuing year Extractum de libro actorum per me Sic subscribitur Al. Gibson