Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Chirurgeons of Edinburgh v. The Apothecaries
Date: 7 July 1681
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In the mutual declarators between the Chirurgeons and Apothecaries in Edinburgh, the Lords, before advising, named three of their number to call for three physicians, Hay, Stevenson, and Balfour; and thereafter added Burnet; to take their advice and opinion anent the true limits and distinctions of chirurgery and pharmacy. And they having made a report to the prejudice of the privileges of the chirurgeons, and the Lords having advised the controverted points betwixt them, on the 19th of July, they found phlebotomy, or blood-letting, only belonged to the incorporation of the Chirurgeons of Edinburgh, within the town, upon citizens and burgesses. But if it extended ad pomeria urbis, to the suburbs and liberties of it; and if they should have the sole right and power to exercise it upon strangers within the town, they desire to hear that farther debated and cleared. And found others than chirurgeons might breathe a vein, and let blood, even upon burgesses within the town, in the cases either of imminent necessity, (where a chirurgeon is not so near as another, who it may be chances to be present,) or charity to the poor. As for searcloths, found the sole application of them belonged to chirurgeons, where there was any manual operation by evisceration, incision, and exenteration; and, in other cases, that the apothecaries might apply them as well as they. And, quoad the summary way of chirurgeons arresting unfreemen, and offering to prove the contraventions by their oath; the Lords discharged the further using of that, (even though they gave in a special condescendance of time, place, and persons,) till they heard that point farther reasoned in their own presence. See 14th Feb. 1682.
Vol. I. Page 146.
See the subsequent parts of this case, at 30th June, 1687.
