Att Edinburgh the nynth Day of Jannwary Jaj vic nyntie six yeirs
D1696/1/19
D1696/1/19
Decreet
Decreit Doctor Trotter
Anent The lybell or Letters of complaint raised befor The Lords of his majesties privie Counsell at the instance of Doctor Robert Trotter present president of the colledge of phisitians within the citie of Edinburgh for himself and in name and behalf of the Counsell and remanent members of ther Societie who adhere to him with concourse of Sir James Stewart his majesties Advocat for his majesties interest in the mater wnderwritten Makeing Mention That wher by the Law of this and all other well ordered Kingdomes All disorders and violences are prohibite Speciallie when the same are Comitted upon a Society and incorporatione laufullie erected and established And by persones members therof who by ther Dwety and engadgements are more particularly bownd to observe the rwles therof And that all transgressiones and delinqwencies in the contrairie are crymes of a high nature And owght to be severly pwnished Nevertheless It is of veritie that ther being a colledge of phisitians erected by patent wnder the great seall within the city of Edinburgh And the said colledge therby impouered to elect seven of ther own number of ther Counsell And one of the said Counsell for ther president And by the knowen and constant rule of the Society St Andrews Day the Threttie of November if it fall on a thursday or the next Thursday therefter appointed to be the anniversary day for the annwall electione The members of the Colledge did peaceably and regularly meett upon the first Thursday of December instant which by the said appointment fell to be the Lawfwll day for this year And in the ordinary place of meeting with ther president and clerk wher being sett in a Laufull meeting as said is with the presence and assistance of ane of the baillies of Edinburgh Conforme to ther said patent The Saids Doctor Robert Trotter president Did observe there members present who stood wnder a censure And sentance of Suspensione whom therfor he Desyred to remove as persones wncapable to Sitt and vote while that Sentance Stood against them And particularly he requyred Doctor Archibald Pittcairne to remove in the first place with the other two Doctor Oliphand and Doctore Hepburne But Doctor Pitcairne and they refwiseing and pretending most wnreasoneablie that they could not be removed saved by a vote wherin they alleadged they had power to vote even in ther own cause with others And therfore would not so much as remove untill that qwestione were decyded The president in a caice so plaine was necessitat to desyre the concurrance of the baillie for removeing persones so obstinant and contemptwous Which The Baillie finding Just and haveing comanded ane officer to remove Doctor Pitcairn He then indeed Did remove But at the same tyme he and a pairtie with him no doubt upon a seditious concert did protest against the proceedings of the colledge and made a most Disorderly and Scandallows Secessione removeing from the meeting in a most twmultwary way And they viz Doctors Sir Archibald Stevensone William Eccles […] Robertsone Thomas Dalrimple John Smellwm Mr Archibald Pitcairne and Charles Oliphant retired aither to the said Sir Alexander Stevensones chamber or Some other place And ther tooke upon hand to assume and exerce the power of the colledge as if they had being the Laufull annwall meeting therof Albeit they had left the president and Eleven with him which is more then the greatest qworwm appointed by the rules Sitting Still in ther ordinary place And for the discharge of what was to be done that day And the said withdrawers usurping and assumeing as said is And pretending to be the pluralitie tho in effect they were not thrie of them being Suspended as said is And a fourth Doctor […] Brisbane excluded by ane act intill he should pay dis dues And ther they proceeded to choise a new Counsell and president which haveing Done And the said Sir Archbald Stevensone pretending to be chosen for president he with the rest of his complices came back in a twmultwary and violent maner And breakeing in to the roome wher the Laufull meeting had mett And wher Doctor again Laufullie by them chosen president was ordering the patent books and other wrytes of the Colledge with the keyes to be caried to his house as the custome is efter the discovering of the meeting And the said withdrawers violently pulled And Snatched the patent box and books from the president himself And laying violent hands on the officers took the keeyes owt of his pocket and went away with them which was ane open and manifest ryot Likeas Doctor […] Oliphant being thesaurer to the colledge but a persone Suspended and Seditiowsly with the rest abovementioned refwises to compt and recken with the said colledge And to give up the box and money therof with the bonds And other papers belonging therto And furder the haill foirsaids persones withdrawers persist in ther said seditiows practises arrogating to themselves to be the Laufull meeting of the colledge and ther president the only president contrair to all Law and Justice Off all which disorders violences ryots and contempt above written the foirsaids persones being gwiltie airt or pairt ought not only to be decerned to have Done wrong and pwnished in ther persone and goods to the example and terror of others to Doe the Lyke in tyme comeing But Likewayes ordained to desist from ther foirsaid wsurpeing and arrogant practises And the said Doctor Trotter and the meeting that remained with him to be the only Laufull president and meeting of the colledge And the said Doctor Oliphant ordained to make compt and reckning And deliver up the box money and papers of the colledge to Doctor Freir now appointed thesaurer in his place And comitted to prisone till he find good and Sufficient cautione to doe the Same And anent the charge given to the saids defenders to have compeared befor the saids Lords at ane certaine day now bygone to have ansuered to the foirsaid complaint And to have Sein Such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellione and putting of them to the horne with certificatione etc As in the principall Letters or lybell raised in the said mater and executiones therof at more Length is contained Which lybell being upon the twentie Sixth of december Last bypast called in presence of the saids Lords of privie Counsell And the persewar compeareing personallie with Sir Patrick Home and Mr Robert Stewart his Advocats and the haill Defenders Compeareing also personallie with Sir James Ogilvie Mr Heugh Dallrimple and Mr Archibald Sinclair Ther advocats The lybell and ansuers therto being red and both pairties advocats fullie heard The Saids Lords (if both pairties be willing to adhere to the Submissione formerly Signed by them) Did by ther interloquitor of that dayes date appoint the Same to be transcribed And that nether doctor Trotter nor doctor Sevensone be designed president of the colledge And appoints each particular phisitian to Signe for himself and not one as preses for aither of the pairties And in caice both pairties Shall not Subscribe the Submissione in the termes foirsaids Then recomends to the Comittie formerly appointed in this mater upon the petitione given in be doctor Trotter to endeavoure to Setle and agrie the persewars and defenders in the mater Lybelled and in caice they cannot agrie them to take the depositiones of the witnesses cited in the lybell And reserves all objections which may be made against the witnesses or any of them to be pronunced And discust befor the Comittie And declaires Sir Archibald Murray of Blackbarrony and Sir Robert Cheisly proveist of Edinburgh To be a Sufficient qworum for examineing of the witnesses only Conforme to the which interloqwitor The comittie Haveing mett and called for and at lenth heard and Spoke with both pairties They made ther report to the Councell that they cannot reconcile the pairties And therfore remitted the mater to the Counsells furder consideratione Which report haveing bein considered by the saids Lords And the wittnesses for the persewar haveing compeared and made faith They by ther interloqwitor of the Second of Janwary instant remitted ther examination to the Comittie formerly named And reserved all objectiones to be proponed and discust befor the Said comittie And declaired that they would continwe the adviseing of the wittnesses depositiones untill a reconventione to be raised by the defenders and wittnesses examined therupon to the effect that the depositiones of the wittnesses adduced by aither pairtie may be advised togither And the said doctor Stevensone and Such of the Phisitians as adhere to him haveing raised a Summonds of reconventione at ther instance uith concurse of the said Sir James Stewart for his majesties interest Against Doctors Trotter, Izat, Sibbald and Cranston which being upon the Seventh day of Janwary instant called in presence of the Saids Lords of his majesties privie Councell And the persewar Doctor Stevensone being absent The Councell excwsed his absence In respect he was attending The Marqwes of Dowglas And the Said Sir James Ogilvie Mr William Carmichaell and Mr Archibald Sinclaire Compeared as advocats for the persewar And the haill defenders Compeareing personallie with Sir Patrick Home ther Advocat The lybell with a petitione for Doctor Trotter and another for Doctor Stivensone being red and both pairties fullie heard The Lords admitted the lybell of reconventione to probatione And the wittnesses cited haveing compeared and made faith The Saids Lords remitted to the comittie formerly appointed in the proces at Doctor Trotters instance to examine the wittnesses And reserved the objectiones against them to be proponed and discust befor the comittie And appointed the wittnesses cited upon doctor Trotters lybell to be furder examined upon the speciall circumstances of that Lybell And Swch Speciall interrogators relative therto as Should be given in be Doctor Trotter And appointed the defenders in this proces to produce befor the Comittie the patent, minwts and books belonging to the Colledge of phisitians to be considered by them And accordingly the comittie heaveing mett The said Doctor Trotter and other defenders in the reconventione did produce befor them the saids patent minwts and books And the comittie did take the oathes and depositiones of Diverse and Sundrie famows wittnesses both upon the principall lybell and upon the lybell of reconventione And did examine the wittnesses called upon doctor Trotters lybell upon the Speciall circumstances of that lybell and Such Speciall interrogators relative therto as were given in by the said Doctor And made ther report to the Lords of his majesties privie Counsell anent the patent minuts and books prodwced befor them And the Saids Lords of his majesties privie Counsell Haveing this day considered the depositiones principall and additionall adduced in the Lybell at Doctor Trotter and the phisitians that adhere to him ther instance Against Doctor Stevensone and other phisitians who adhere to him with the wittnesses adduced in the reconventione And the report of the Comittie appointed in this mater They find it Sufficiently proven that Doctor Stevensone and doctor Pitcairne are gwiltie of a ryot comitted by them against Doctor Trotter And Collin Scott officer to the colledge of phisitians And the saids Lords Decernes and declaires the electione of Doctor Trotter for president of the said colledge for this present yeir And the electione of the Councell Censors Thesaurer and wther officers made by him and the phisitians who remained with him to be the only Laufull electione of officers for governing the said colledge of phisicians for this yeir And that the meeting of phisicians which made the said electione was the only Lawfull meeting And decerns and discharges the said doctor Stevensone and the other defenders in the principall lybell and these who adhered to them from troubleing and molesting the said doctor Trotter and other persones chosen with him in the peaceable wseing and enjoying ther saids offices in tyme comeing And decerns and ordaines Doctor Oliphant to make compt reckning and payment to Doctor Freir present thesaurer of the said colledge at Sight of the said Laufull president and Councell or Such as Shall be nominat be them of the money receaved by him or any way came in his hands belonging to the said colledge and to redeliver up to him any rights and securities for any pairt therof with the box and papers in his hands belonging to the said colledge And ordaines Letters of Horning on fiftein dayes and others needfull to pass heirupon in forme as effeirs Extracted by me
Att Edinburgh the nynth Day of Jannwary Jaj vic nyntie six yeirs
D1696/1/19
Decreet
Decreit Doctor Trotter
Anent The lybell or Letters of complaint raised befor The Lords of his majesties privie Counsell at the instance of Doctor Robert Trotter present president of the colledge of phisitians within the citie of Edinburgh for himself and in name and behalf of the Counsell and remanent members of ther Societie who adhere to him with concourse of Sir James Stewart his majesties Advocat for his majesties interest in the mater wnderwritten Makeing Mention That wher by the Law of this and all other well ordered Kingdomes All disorders and violences are prohibite Speciallie when the same are Comitted upon a Society and incorporatione laufullie erected and established And by persones members therof who by ther Dwety and engadgements are more particularly bownd to observe the rwles therof And that all transgressiones and delinqwencies in the contrairie are crymes of a high nature And owght to be severly pwnished Nevertheless It is of veritie that ther being a colledge of phisitians erected by patent wnder the great seall within the city of Edinburgh And the said colledge therby impouered to elect seven of ther own number of ther Counsell And one of the said Counsell for ther president And by the knowen and constant rule of the Society St Andrews Day the Threttie of November if it fall on a thursday or the next Thursday therefter appointed to be the anniversary day for the annwall electione The members of the Colledge did peaceably and regularly meett upon the first Thursday of December instant which by the said appointment fell to be the Lawfwll day for this year And in the ordinary place of meeting with ther president and clerk wher being sett in a Laufull meeting as said is with the presence and assistance of ane of the baillies of Edinburgh Conforme to ther said patent The Saids Doctor Robert Trotter president Did observe there members present who stood wnder a censure And sentance of Suspensione whom therfor he Desyred to remove as persones wncapable to Sitt and vote while that Sentance Stood against them And particularly he requyred Doctor Archibald Pittcairne to remove in the first place with the other two Doctor Oliphand and Doctore Hepburne But Doctor Pitcairne and they refwiseing and pretending most wnreasoneablie that they could not be removed saved by a vote wherin they alleadged they had power to vote even in ther own cause with others And therfore would not so much as remove untill that qwestione were decyded The president in a caice so plaine was necessitat to desyre the concurrance of the baillie for removeing persones so obstinant and contemptwous Which The Baillie finding Just and haveing comanded ane officer to remove Doctor Pitcairn He then indeed Did remove But at the same tyme he and a pairtie with him no doubt upon a seditious concert did protest against the proceedings of the colledge and made a most Disorderly and Scandallows Secessione removeing from the meeting in a most twmultwary way And they viz Doctors Sir Archibald Stevensone William Eccles […] Robertsone Thomas Dalrimple John Smellwm Mr Archibald Pitcairne and Charles Oliphant retired aither to the said Sir Alexander Stevensones chamber or Some other place And ther tooke upon hand to assume and exerce the power of the colledge as if they had being the Laufull annwall meeting therof Albeit they had left the president and Eleven with him which is more then the greatest qworwm appointed by the rules Sitting Still in ther ordinary place And for the discharge of what was to be done that day And the said withdrawers usurping and assumeing as said is And pretending to be the pluralitie tho in effect they were not thrie of them being Suspended as said is And a fourth Doctor […] Brisbane excluded by ane act intill he should pay dis dues And ther they proceeded to choise a new Counsell and president which haveing Done And the said Sir Archbald Stevensone pretending to be chosen for president he with the rest of his complices came back in a twmultwary and violent maner And breakeing in to the roome wher the Laufull meeting had mett And wher Doctor again Laufullie by them chosen president was ordering the patent books and other wrytes of the Colledge with the keyes to be caried to his house as the custome is efter the discovering of the meeting And the said withdrawers violently pulled And Snatched the patent box and books from the president himself And laying violent hands on the officers took the keeyes owt of his pocket and went away with them which was ane open and manifest ryot Likeas Doctor […] Oliphant being thesaurer to the colledge but a persone Suspended and Seditiowsly with the rest abovementioned refwises to compt and recken with the said colledge And to give up the box and money therof with the bonds And other papers belonging therto And furder the haill foirsaids persones withdrawers persist in ther said seditiows practises arrogating to themselves to be the Laufull meeting of the colledge and ther president the only president contrair to all Law and Justice Off all which disorders violences ryots and contempt above written the foirsaids persones being gwiltie airt or pairt ought not only to be decerned to have Done wrong and pwnished in ther persone and goods to the example and terror of others to Doe the Lyke in tyme comeing But Likewayes ordained to desist from ther foirsaid wsurpeing and arrogant practises And the said Doctor Trotter and the meeting that remained with him to be the only Laufull president and meeting of the colledge And the said Doctor Oliphant ordained to make compt and reckning And deliver up the box money and papers of the colledge to Doctor Freir now appointed thesaurer in his place And comitted to prisone till he find good and Sufficient cautione to doe the Same And anent the charge given to the saids defenders to have compeared befor the saids Lords at ane certaine day now bygone to have ansuered to the foirsaid complaint And to have Sein Such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellione and putting of them to the horne with certificatione etc As in the principall Letters or lybell raised in the said mater and executiones therof at more Length is contained Which lybell being upon the twentie Sixth of december Last bypast called in presence of the saids Lords of privie Counsell And the persewar compeareing personallie with Sir Patrick Home and Mr Robert Stewart his Advocats and the haill Defenders Compeareing also personallie with Sir James Ogilvie Mr Heugh Dallrimple and Mr Archibald Sinclair Ther advocats The lybell and ansuers therto being red and both pairties advocats fullie heard The Saids Lords (if both pairties be willing to adhere to the Submissione formerly Signed by them) Did by ther interloquitor of that dayes date appoint the Same to be transcribed And that nether doctor Trotter nor doctor Sevensone be designed president of the colledge And appoints each particular phisitian to Signe for himself and not one as preses for aither of the pairties And in caice both pairties Shall not Subscribe the Submissione in the termes foirsaids Then recomends to the Comittie formerly appointed in this mater upon the petitione given in be doctor Trotter to endeavoure to Setle and agrie the persewars and defenders in the mater Lybelled and in caice they cannot agrie them to take the depositiones of the witnesses cited in the lybell And reserves all objections which may be made against the witnesses or any of them to be pronunced And discust befor the Comittie And declaires Sir Archibald Murray of Blackbarrony and Sir Robert Cheisly proveist of Edinburgh To be a Sufficient qworum for examineing of the witnesses only Conforme to the which interloqwitor The comittie Haveing mett and called for and at lenth heard and Spoke with both pairties They made ther report to the Councell that they cannot reconcile the pairties And therfore remitted the mater to the Counsells furder consideratione Which report haveing bein considered by the saids Lords And the wittnesses for the persewar haveing compeared and made faith They by ther interloqwitor of the Second of Janwary instant remitted ther examination to the Comittie formerly named And reserved all objectiones to be proponed and discust befor the Said comittie And declaired that they would continwe the adviseing of the wittnesses depositiones untill a reconventione to be raised by the defenders and wittnesses examined therupon to the effect that the depositiones of the wittnesses adduced by aither pairtie may be advised togither And the said doctor Stevensone and Such of the Phisitians as adhere to him haveing raised a Summonds of reconventione at ther instance uith concurse of the said Sir James Stewart for his majesties interest Against Doctors Trotter, Izat, Sibbald and Cranston which being upon the Seventh day of Janwary instant called in presence of the Saids Lords of his majesties privie Councell And the persewar Doctor Stevensone being absent The Councell excwsed his absence In respect he was attending The Marqwes of Dowglas And the Said Sir James Ogilvie Mr William Carmichaell and Mr Archibald Sinclaire Compeared as advocats for the persewar And the haill defenders Compeareing personallie with Sir Patrick Home ther Advocat The lybell with a petitione for Doctor Trotter and another for Doctor Stivensone being red and both pairties fullie heard The Lords admitted the lybell of reconventione to probatione And the wittnesses cited haveing compeared and made faith The Saids Lords remitted to the comittie formerly appointed in the proces at Doctor Trotters instance to examine the wittnesses And reserved the objectiones against them to be proponed and discust befor the comittie And appointed the wittnesses cited upon doctor Trotters lybell to be furder examined upon the speciall circumstances of that Lybell And Swch Speciall interrogators relative therto as Should be given in be Doctor Trotter And appointed the defenders in this proces to produce befor the Comittie the patent, minwts and books belonging to the Colledge of phisitians to be considered by them And accordingly the comittie heaveing mett The said Doctor Trotter and other defenders in the reconventione did produce befor them the saids patent minwts and books And the comittie did take the oathes and depositiones of Diverse and Sundrie famows wittnesses both upon the principall lybell and upon the lybell of reconventione And did examine the wittnesses called upon doctor Trotters lybell upon the Speciall circumstances of that lybell and Such Speciall interrogators relative therto as were given in by the said Doctor And made ther report to the Lords of his majesties privie Counsell anent the patent minuts and books prodwced befor them And the Saids Lords of his majesties privie Counsell Haveing this day considered the depositiones principall and additionall adduced in the Lybell at Doctor Trotter and the phisitians that adhere to him ther instance Against Doctor Stevensone and other phisitians who adhere to him with the wittnesses adduced in the reconventione And the report of the Comittie appointed in this mater They find it Sufficiently proven that Doctor Stevensone and doctor Pitcairne are gwiltie of a ryot comitted by them against Doctor Trotter And Collin Scott officer to the colledge of phisitians And the saids Lords Decernes and declaires the electione of Doctor Trotter for president of the said colledge for this present yeir And the electione of the Councell Censors Thesaurer and wther officers made by him and the phisitians who remained with him to be the only Laufull electione of officers for governing the said colledge of phisicians for this yeir And that the meeting of phisicians which made the said electione was the only Lawfull meeting And decerns and discharges the said doctor Stevensone and the other defenders in the principall lybell and these who adhered to them from troubleing and molesting the said doctor Trotter and other persones chosen with him in the peaceable wseing and enjoying ther saids offices in tyme comeing And decerns and ordaines Doctor Oliphant to make compt reckning and payment to Doctor Freir present thesaurer of the said colledge at Sight of the said Laufull president and Councell or Such as Shall be nominat be them of the money receaved by him or any way came in his hands belonging to the said colledge and to redeliver up to him any rights and securities for any pairt therof with the box and papers in his hands belonging to the said colledge And ordaines Letters of Horning on fiftein dayes and others needfull to pass heirupon in forme as effeirs Extracted by me
