The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 12 October 2024
[1641/8/360]1
Ratification to the surgeons in Edinburgh
Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms, all and whatsoever privileges, liberties and immunities made, given and granted by the provost, bailies, council and community of Edinburgh, under their common seal of cause, of the date at Edinburgh 1 July 1605, to and in favour of the surgeons and barbers of the said burgh, which all and sundry privileges, freedoms, liberties and immunities at length specified in the said seal of cause, the kirk master and brethren of the said craft for the time by their supplication craved to be granted to them by the said provost, bailies and council, wherewith they being well and ripely advised thought the same according to reason, and therefore the said provost, bailies and council consented and granted the said privileges, liberties and immunities to the said surgeons and barbers and their successors and ratified the same, as the said letter of ratification and approbation under the common seal of cause of the said burgh more fully purports; and also ratifies and approves the letter of ratification and approbation made and granted by King James IV of most worthy memory under his highness's privy seal, of the date 13 October 1506, ratifying, approving, authorising and confirming the said rules, statutes and privileges contained in the said letter, under the said common seal of cause of the said burgh of Edinburgh, as in the said other letter of ratification under his highness's privy seal of the date above-written at more length is contained; and in like manner ratifies and approves the letter of confirmation and approbation made and granted by King James VI of blessed memory, his majesty's dearest father, under his highness's privy seal, of the date at Greenwich, 6 June 1613, whereby his majesty's late dearest father wills and grants, and for his highness and his successors, ordains and declares the said letter given under the common seal of cause of the said burgh of Edinburgh by the provost, bailies and council thereof and letter of ratification made by the said late King James IV of most worthy memory, to be good, valid and effectual to the said surgeons and barbers in all time coming, as the said confirmation of the date foresaid at more length bears; together also with a last act, dated 10 September 1641, whereby the provost, bailies and council of the said burgh of Edinburgh, considering that it is expedient for the good of his majesty's lieges who reside without the burgh of Edinburgh and within the liberties pertaining to the said burgh that in the matter belonging to the art of surgery they be provided with skilful and honest men and not left to the arbitrament and imposture of women and ignoramuses, and therefore they discharged and inhibited all and sundry persons whatsoever not being freemen of the surgeons within the said burgh and have not given sufficient proof of their qualification and knowledge in the said art of surgery, to use and exercise any point of the said art within the bounds and privileges of the said burgh, and appointed the magistrates to be judges in all controversies which shall arise between the inhabitants of the said bounds and brethren of the said craft, as the act at more length bears. And further his majesty and estates foresaid, considering the daily evils and inconveniences that arise by reason of a number of men and women who at their own hand, without liberty and never being bred in the art of surgery, take upon them to exercise the duties and points of that art within the suburbs and about the said burgh of Edinburgh, to the hazard and loss of the lives of many good subjects, and to the great hurt of the brethren of the said craft, whose burdens are great in his majesty's service and common affairs of the said burgh, therefore his majesty, with advice foresaid, discharges all and whatsoever persons, unless they be freemen of the said craft in Edinburgh, to use and exercise any point of the art of surgery within the said burgh of Edinburgh or any suburbs about the same or belonging to their jurisdiction thereof, with power to the deacon and masters of the said art present and to come at all times convenient to pass, search, seek, take and apprehend all such persons exercising 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 fail, to fine them in the sum of £20 Scots money on every occasion, and this to be done with concourse of the magistrates of the said burgh, and the fines to be divided equally between the said magistrates for the use and relief of their poor and the masters of the said trade for the common use of their craft, and the said magistrates to be judges in all controversies that shall arise regarding this between them and any within the said bounds, and ordains the said magistrates to concur with them to the effect foresaid.
- NAS, PA2/22, f.282r-283r.