Unto the Right Honourable, the Lords of Council and Session, the petition of John Wilson and Gilbert Blair, barbers in the Canongate / [John Wilson].

John Wilson

Date:: 1742]

Credit: Unto the Right Honourable, the Lords of Council and Session, the petition of John Wilson and Gilbert Blair, barbers in the Canongate / [John Wilson]. Source: Wellcome Collection.

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$So that, In the laft Place, luppofing your Petitioners were to be liable in Expences, they can with no Reafen be charged . farther, than with the laft Nine Articles of the Accompt, and one Confultation to a Lawyer, and for a proportional Part of the Extract correfponding to the Proceedings after the Caufe was advocated. But, as they humbly hope, your Lordfhips will lee Caufe to affoifeie them from ExpencesJimpliciter \ it is unneceflary to be more particular in thefe Objections. May it therefore pleafe your Lord/bips, to alter the Lord Ordinary's Interlocutor above-recited, and to find,' in the firft Place, That no Profecution on Ac¬ count of this alledged Trefpafs is competent to the Purfuers, but that the fame does allenarly belong to the Incorporation of Surgeons, adly, To fufiain our Defence againft Penalties for Bygones founded upon the general, conftant and avowed Ctiftom of the Bar¬ bers ^Edinburgh their praBifing within the Burgh <• of the Canongate* and the Barbers of the Canon- gate their being tolerated in the fame publick and a- vowed Manner to praBife within the City, jdly. In all Events to find, I hat as no fuch Penalty is emBed\ as was here pur fued for, the Defenders ought not to be liable in Expences for defending againft that Pe¬ nalty : And, in the laft Place, if Expences are to be awarded, to find, That your Petitioners cannot be liable to any Expences contained in this Accompt, but fuch as were truly expended, after the Caufe was ad¬ vocated. According to Juftice, Sfe. ALEX. LOCKHART.$