Inrolled in the Court of the Lord the King, in the chamber of the Guildhall of the City of London in the book marked with the letter l. folio thirteen in the third year of the reign of King Edward the Fourth from the Conquest.
The chief point which strikes us on reading the foregoing Charter is, that it contains a great deal relative to Surgery, and little, indeed nothing, concerning Barbery, and yet it is granted ostensibly to the Barbers!
Now the Surgical side being the more important one of the craft, and theraison d’êtreof the Charter being in a great measure to provide for the regulation of Surgery and the correction of abuses inthat profession, this silence as to Barbery and recognition of Surgery would seem to be an evidence that the practice of the latter, more or less, was the rule rather than the exception with members of the Company of Barbers; and, as the Masters or Governors were empowered to make “statutes and ordinances” (by-laws) for the governance of the mystery, it was doubtless considered unnecessary to descend into any details concerning shaving and the like in a Royal Charter.
The preamble of this Charter is exceedingly quaint and interesting, reciting how through the “ignorance, negligence and stupidity” of various Barbers and other practitioners in Surgery, many of the King’s lieges had “gone the way of all flesh.” Then at the request of “our beloved, honest and free men of the said Mystery of Barbers,” the King grants to them, to be one body perpetual, etc., that two of the chief men of the Company (no doubt the two then existing Masters “exercising the faculty of Surgery”) may with twelve or at least eight other skilled Barber-Surgeons, elect two Masters annually: this provision in itself is singular, as it would seem to imply that the body then incorporated was to be ruled by two Masters only; but a reference to our list of Masters and Wardens will shew that from the year 1448 the Company has been ruled by four Masters, and so on in unbroken succession to the presenttime48; these other two Masters therefore were Masters of the Barbers proper, about whom nothing was said in the Charter, but who were chosen annually in accordance with ancient custom, the Chief or First Master being alternately a Barber, and a Barber-Surgeon.
The Corporation was to have perpetual succession, and a Common seal, to hold lands of a certain value, to be able to plead andto be impleaded, to make by-laws, to have the scrutiny and correction of (apparentlyall) Surgeons in the City and suburbs, as also the oversight of all their instruments and medicines, etc., and to have the power of inflicting punishment, by fine or imprisonment, on offenders. None were to practise Surgery until examined and approved by the Masters and presented to the Mayor, and authority was given for the freemen of the Company to be admitted into the freedom of the City.
Another clause in the Charter was one which, whilst it conferred a valuable privilege upon the Company, was a source of continual strife and conflict with the Civic authorities, for by itallour freemen claimed to be exempted from serving on Juries and inquisitions, and this immunity, though constantly disputed, was as often asserted and maintained, with various qualifications.
InThe Times, November 26, 1839, is an account of the exemption of certain freemen of the Company from serving on Juries at the Central Criminal Court. In this instance neither the claimants nor the Recorder knew much about the matter—for one of the applicants said, in reply to the Recorder, “I rest my claim on the Charter ofHenry VIII”!!And, further on in the discussion, the same bold Barber had the effrontery to declare that “the privilege was confirmed by an Act passed in the reign of George II.” This was the Act which separated the Surgeons from the Barbers, and which didnotconfirm to the latter the exemption claimed, but our freeman gained his point, and the Recorder only grumbled.
As recently as 1868, a case was submitted to Sir J. D. Coleridge (now Lord Chief Justice) as to the legality of the exemption, and he gave his opinion in favour of it. However, since then the Jury Act has, alas! swept away this cherished immunity, and thus let the Barbers down to the level of their fellow citizens.
With the possession of their Charter the Company were now in an unassailable position, and we hear no more of their molestation by the Guild of Surgeons.
GrantbyRichard Thornbury, Citizen and Draper of London, to Robert Ferbras, Citizen and Surgeon, John Dagvile, Surgeon, William Sipnam, Grocer, and Walter Bartlot, Fishmonger, Citizens of London, for ever, of all his title in two shops and solars with their appurtenances, in the parish of Saint John upon Walbroke, formerly belonging to John Blounde of Braughyng in the County of Hertford, and which had been already conveyed to the Grantees by John Thornbury, gentleman, and Walter Thornbury, Clerk, which shops were situate between the tenements of William Horn, Citizen and Draper, towards the north and south, and the tenement of the Prior and Convent of the Blessed Mary without Bishopsgate towards the east, and the King’s highway leading from Walbroke to Dowgate towards the west. Dated 11th May, 2 Edward IV (1462).
GrantbyRichard Thornbury, Citizen and Draper of London, to Robert Ferbras, Citizen and Surgeon, John Dagvile, Surgeon, William Sipnam, Grocer, and Walter Bartlot, Fishmonger, Citizens of London, for ever, of all his title in two shops and solars with their appurtenances, in the parish of Saint John upon Walbroke, formerly belonging to John Blounde of Braughyng in the County of Hertford, and which had been already conveyed to the Grantees by John Thornbury, gentleman, and Walter Thornbury, Clerk, which shops were situate between the tenements of William Horn, Citizen and Draper, towards the north and south, and the tenement of the Prior and Convent of the Blessed Mary without Bishopsgate towards the east, and the King’s highway leading from Walbroke to Dowgate towards the west. Dated 11th May, 2 Edward IV (1462).
GrantbyRichard Thornbury, Citizen and Draper of London, to Robert Ferbras, Citizen and Surgeon, John Dagvile, Surgeon, William Sipnam, Grocer, and Walter Bartlot, Fishmonger, Citizens of London, for ever, of all his title in two shops and solars with their appurtenances, in the parish of Saint John upon Walbroke, formerly belonging to John Blounde of Braughyng in the County of Hertford, and which had been already conveyed to the Grantees by John Thornbury, gentleman, and Walter Thornbury, Clerk, which shops were situate between the tenements of William Horn, Citizen and Draper, towards the north and south, and the tenement of the Prior and Convent of the Blessed Mary without Bishopsgate towards the east, and the King’s highway leading from Walbroke to Dowgate towards the west. Dated 11th May, 2 Edward IV (1462).
1470. The Company about this period came into possession of some freehold houses in St. John the Baptist upon Walbrook, to be held both for trust and corporate purposes. These houses are stated in our books to have been devised to us by Will (dated 2nd Dec., 1470) of Robert Ferbras. There are three old title deeds of the period still at the Hall, relating to these houses, and in the Court of Husting at Guildhall are two Wills of Robert Ferbras, Surgeon, both proved, one dated 4th Nov., 1470, and the other 17th April, 1472—but neither of these contain the bequest to the Barbers. It is, therefore, probable that Robert Ferbras conveyed the houses to the Company in his lifetime, and this fact being overlooked in course of years, it came to be said that they passed by his Will.
1482. 26th April.—The Company applied to the Court of Aldermen, presenting a set of ordinances for the government of the craft and for the regulation of apprentices, praying that the same might be allowed and ratified, which was done. The official entry under this date is inLetter-Book L.174, and the following are theOrdinances:—
OrdinacioBarbitonsoꝜMemorand qˀd sexto decimo die Aprilis Anno regni Regis Edwardi quarti post conq̃m vicesimo scᵭo pˀᵬi hõies Artis sive mistere BarbitonsoꝜ Civitatis london venˀ hic in Curˀ dc̃i Dnĩ Regis in Camˀa Guyhald Civitatꝭ pˀdcĩ coram Willm̃e Haryot milite ac maiore & Aldr̃is ejusdem Civitatis et porrexer̃nt eisdem maiore & Aldr̃is quandam billam sive supplicacõem Cujus tenor sequitur in hec verba.To the righthonorable lord the Mair And the right wirshipful Sovˀaignes the Aldermen of the Citee of London Mekely besechen your goode lordship̃ and maistershippes all the pˀsones enfraunchesed in the crafte and mistere of Barbours wtin the Citee of london That it wold pleas the same your lordshipp and maistershippes for the Wirship̃ of the said Citee And for the goode Rule to be had wtin the saide Craft to graunte and establissh thise articles folowyng And theym to be entred of Recorde in the Chambre of the said Citee before your said lordship and maistershippes hereafter for to be observed and executed.FFirstthat there shall no ffraunchesed Barbor.wtin the said Citee take any man or Child to be his Apprentice before that he hath pˀsented the same man or Child unto the maister and Wardeyns of the said Craft for the tyme being, to thentent that the same maister and Wardeyns may duely examyne ovˀsee serche and behold by the Colour and complexion of the said man or Child if he be avexed or disposed to be lepur or gowty maymed or disfigured in any pˀties of his body Whereby he shall fall in disdeyn or lothefulnesse unto the sight of the Kingꝭ liege people And also to be examyned of his birth and of his kynrede or if there be on hym any bonde claymed, And if he be founde defectif in any of thise poyntꝭ that than no fraunchesed Barbor.of the saide Citee shall take hym to his Apprentice uppon payn to pay vli.Whereof that one half shall Remayn unto the Chambre of the said Citee.Alsothat evˀy enfraunchesed barbour that taketh any apprentice shall pay to the almes of the said Craft for the same Apprentice iijs.iiijd.to be paied in fourme folowyng that is to sey, at the first pˀsentacion of the Appˀntice xxd.and that other xxd.in the same yeere When he shall be enrolled And the names of the maister and appˀntice and the yeres of appˀntishode of the same appˀntice shalbe writen in a book by the said maistˀ & Wardeyns And he that disobeith this article or ordenance shall pay unto ye almes of the said Craft of barbours xiijs.iiijd.that one half thereof to be applied to thuse of the said Chambre and that other half to the almes of the said Craft. And if it so be that the said Apprentice Dye wtin the first yere, or voide so that the said maistˀ take none avauntage by the same Appˀntice, that than the same money stonde for the next Appˀntice, And if it hapne the said maister to take any pˀfet [profit] for the said Appˀntice by way of Sale or sˀvice and that so pˀved before the said maister and Wardeyns that than the saide maister of the said Appˀntice to be charged for the said iijs.iiijd.
OrdinacioBarbitonsoꝜ
Memorand qˀd sexto decimo die Aprilis Anno regni Regis Edwardi quarti post conq̃m vicesimo scᵭo pˀᵬi hõies Artis sive mistere BarbitonsoꝜ Civitatis london venˀ hic in Curˀ dc̃i Dnĩ Regis in Camˀa Guyhald Civitatꝭ pˀdcĩ coram Willm̃e Haryot milite ac maiore & Aldr̃is ejusdem Civitatis et porrexer̃nt eisdem maiore & Aldr̃is quandam billam sive supplicacõem Cujus tenor sequitur in hec verba.
To the righthonorable lord the Mair And the right wirshipful Sovˀaignes the Aldermen of the Citee of London Mekely besechen your goode lordship̃ and maistershippes all the pˀsones enfraunchesed in the crafte and mistere of Barbours wtin the Citee of london That it wold pleas the same your lordshipp and maistershippes for the Wirship̃ of the said Citee And for the goode Rule to be had wtin the saide Craft to graunte and establissh thise articles folowyng And theym to be entred of Recorde in the Chambre of the said Citee before your said lordship and maistershippes hereafter for to be observed and executed.
FFirstthat there shall no ffraunchesed Barbor.wtin the said Citee take any man or Child to be his Apprentice before that he hath pˀsented the same man or Child unto the maister and Wardeyns of the said Craft for the tyme being, to thentent that the same maister and Wardeyns may duely examyne ovˀsee serche and behold by the Colour and complexion of the said man or Child if he be avexed or disposed to be lepur or gowty maymed or disfigured in any pˀties of his body Whereby he shall fall in disdeyn or lothefulnesse unto the sight of the Kingꝭ liege people And also to be examyned of his birth and of his kynrede or if there be on hym any bonde claymed, And if he be founde defectif in any of thise poyntꝭ that than no fraunchesed Barbor.of the saide Citee shall take hym to his Apprentice uppon payn to pay vli.Whereof that one half shall Remayn unto the Chambre of the said Citee.
Alsothat evˀy enfraunchesed barbour that taketh any apprentice shall pay to the almes of the said Craft for the same Apprentice iijs.iiijd.to be paied in fourme folowyng that is to sey, at the first pˀsentacion of the Appˀntice xxd.and that other xxd.in the same yeere When he shall be enrolled And the names of the maister and appˀntice and the yeres of appˀntishode of the same appˀntice shalbe writen in a book by the said maistˀ & Wardeyns And he that disobeith this article or ordenance shall pay unto ye almes of the said Craft of barbours xiijs.iiijd.that one half thereof to be applied to thuse of the said Chambre and that other half to the almes of the said Craft. And if it so be that the said Apprentice Dye wtin the first yere, or voide so that the said maistˀ take none avauntage by the same Appˀntice, that than the same money stonde for the next Appˀntice, And if it hapne the said maister to take any pˀfet [profit] for the said Appˀntice by way of Sale or sˀvice and that so pˀved before the said maister and Wardeyns that than the saide maister of the said Appˀntice to be charged for the said iijs.iiijd.
Then follows the usual Ratification (in Latin) of the above Articles.
1487. The next notice which we have of the Barbers in the City books, indicates that there had been quarrels and dissensions among them, and that the rules of the Craft had been set at nought by its members, whereupon a Book of Ordinances was presented to the Courtof Aldermen for approval and ratification and the same is entered at this date, 20 July 2 Hen vij, inLetter-Book L.235B.asfollows:—
Memorandumqˀd xxo.die Julij Anno regni Regis Henrici septum secundo, Gardiani & aɫ pˀᵬi hõies Artꝭ sive occupacõis de Barbours Civitatꝭ london venerˀ hic in Curˀ dc̃i dñi Regis in Camˀa Guilhald ejusdem Civitatꝭ coram Henrico Colet milite maiore & Aldr̃is Civitatꝭ pˀdc̃i & porrexˀunt eisdm̃ maori & Aldr̃is quandã billam sive supplicaõem Cujus tenor sequitr.in hec verba,Tothe right honourable lord the maire and fulle discrete sovˀaignes thaldˀmen of the Citee of london Shewen mekely unto yor.good lordeship and maistˀshippes the maister and the Wardeyns and the good ffolke of the Crafte or Science of Barbours Surgeons of the said Citee that Where as they of longe tyme have been in discorde and not of oon conformite, but evˀy man in effect of the said Crafte or Science hathe taken and folowed his own singuler way and apetite as mennebe49under no Rule nor obedience, contrarie to all godly policie for lacke of good Rules and ordenancꝭ hadde and used within the same Crafte or Science, and in especiall for takyng of over many appˀnticꝭ and settyng a werk ofmoney50fforeyns comyng oute of Seint Martyns, Westmynster, Suthwerk and other placꝭ nere unto this Citee to the distruccion of the good ffolke enfraunchised of the said Crafte or Science, butif51a remedie by yornoble and grete wisdomes the rather be pˀvided in that behalf. That it wold pleas yor.good lordeship and maistershippes for the good Rule andsadde52guydyng hereafter to be hadde amongꝭ the good ffolkꝭ of the said Crafte within the same Crafte to graunt to yor.saide besechers certeyn Articles hereaftˀ ensuying from hensforth to be obsˀved and kept and afore you here in this honorable Court to be establisshed and entred of Record for ever to endure.FFirstthat no pˀsone of the said Crafte or science ne none other enfraunchised within the saide Crafte and kepyng open shoppe of the same Crafte or Science within the same Cite from hensforth in any wyse pˀsume to take uppon him to sette a werke within his house or Shoppe any sˀvaunt or sˀvauntꝭ orallowes53or other beyng fforeyns or estraungiers,but54evˀry suche pˀsone so enfraunchised in the saide Crafte or science or in any other and occupie the same Crafte or Science within the Citee aforesaid present any such sˀvaunt or sˀvauntꝭ allowes and other before the maistˀs and Wardeyns of the same Crafte or Science of Barbours for the tyme beyng within iij daies next after his comyng to his saide maister to thentent that the saide maister and Wardeyns have knowledge of their habilitie andcunyng55before they be sette any lenger in occupac̃ion in the saide Crafte or Science, And what manˀpˀsone56aforesaid hereafter be foundedoyng the contrarie of this ordenance shall forfeit and pay at evˀy tyme that he is so founden defectif xls.the oon half thereof to be applied to thuse of the Chambre of this honorable Citee and the other half to the Coẽn boxe of the said Crafte.Alsothat no manˀpˀsone57enfraunchised in the saide Crafte or in any other kepying an open Shoppe and occupieth the same Crafte within the Citee from hensforth take or set a Werke within his house or shoppe or ellꝭ where within the same Citee anymoo58Sˀvaunts allowes atoones59beyng fforeyns or Straungiers but oonly ij pˀsones and the same ij pˀsones to be pˀsented by their maister before the maister and Wardeyns of the said Crafte or Science of Barbours for the tyme beyng within iij daies next comˀyng in to suche sˀvice to their suche maistˀ And that the same fforeyns or straungiers shall take or have of their saide maister suche wages for their suche sˀvice as it shalbe thought by the saide Maister and Wardeyns of the said Crafte of Barbours that they canne desˀve and none other, And what maner of pˀsone aforesaid hereafter be founde doyng contrarie to this ordenancꝭ shall forfeit at evˀry tyme that he is founde defectif vli.to be divided and applied to suche uses as be aforeherced.60Alsoif it fortune hereafter any pˀsone enfraunchised in the saide Crafte of barbours or in any other occupying the same Crafte of barbours within the Citee to take any mo sˀvauntꝭ allowes at oones beyng fforeyns or straungiers than onely ij as isaforeherced61Wherethurgh62he renneth in the forfaiture of the said penaltie of vli.for the saide offence, and than that the maister and Wardeyns of the saide Crafte of Barbours for the tyme beyng havyng knowleche therof put not the said penaltie of vli.in execucion accordyng to the tenor.of the saide Acte thereof made, within xiiij daies after that the said maistˀ and Wardeyns have knowleche thereof, that than the said maistˀ and Wardeyns for the tyme beyng so founden defectif shall forfeit and lose at evˀy tyme xiijs.iiijd.to be divided and applied to suche uses as be aforeherced.Alsothat no manˀ pˀsones enfraunchised in the said Crafte or in any other occupying the same Crafte within the said Citee from hensforth take any moo appˀntices at oones than iij uppon payne of forfaiture of vli.at evˀy suche tyme as he is founde defectif doyng contrarie of this Article, to be divided and applied to suche uses as be afore reherced Savyng allway that it shalbe lefull to evˀy suche pˀsone oon yeere before the tˀme of appˀntishode of any his appˀnticꝭ be expired to take a nother appˀntice in the stede of hym that is nygh com̃yng oute of his tˀmes of appˀntishode to thentent that the same newe appˀntice may have his due erudicion and lernyng in the said Crafte or Science of Barbours before the tˀmes and63of the rather appˀntice.Alsoif any pˀson of the said Crafte or Science selle away his appˀntice to a nother manne within his tˀmes of appˀntishode that than it shalnot be lefull to any suche pˀsone so silling away his appˀntice to take any newe in his stede duryng the tˀme to come of appˀntishode of that appˀntice so sold Nevertheles if it fortune any appˀntice to dye within the tˀmes of his appˀntishode that than it shall be laufull to the mastˀ of that appˀntice so dying to take a nother in his stede when so evˀ it shall lyke hym.Providedall way that it shalbe lefull to evˀy pˀsone of the said Crafte nowe havyng many appˀnticꝭ to reteyne and holde fulle as many appˀnticꝭ as he hathe the day of makyng of this Acte or ordenance unto suche tyme as the tˀme of their appˀnticialite shalbe fully accomplisshed So all way that no suche pˀsone take any mo appˀntices unto suche tyme as the nuˀbre of the said appˀnticꝭ be reduced and brought unto the said nuˀbre of iij appˀnticꝭ uppon payn of forfaiture of vli.to be divided and applied to suche uses as been afore reherced.Alsothat no foreyn Barbour from this tyme foreward occupie the Craft or Science of Barbours or Surgeon Barbor.within the ffraunchise of the said Citee but if he be lymytted and assigned therto by the maister and Wardeyns of the same Craft for the tyme beyng uppon payn of forfaiture of vli.as often as any suche pˀsone so be founde defectif, to be divided and applied to suche uses as be aforeherced. Provided allway that if it canne be thought for the wele of the kyngꝭ people that if any foreyn Barbours or foreyn Surgeon be founden of such habilitie and connyng of Surgerie or of that Crafte that it were necessarie to have hym to occupie within the ffraunchise of this Citee, that than he be admitted therto by the Chamᵬleyn of london and by the Maister and Wardeyns of the said Crafte of Barbours for the tyme beyng, With that the same fforeyn fynde suertie sufficient to be bounde to the said Chamᵬleyn and Maister and Wardeyns for to do make him self free of the saide Crafte or Science of Surgeon Barbours and to obey and pˀfourme the Rules and ordennancꝭ of the same Crafte and to be under the correcion of the same Crafte, provided allway that the kyngꝭ people be served in price of their Cure and shavyng in tyme to come aswell and as safely as they have been in tymes passed.
Memorandumqˀd xxo.die Julij Anno regni Regis Henrici septum secundo, Gardiani & aɫ pˀᵬi hõies Artꝭ sive occupacõis de Barbours Civitatꝭ london venerˀ hic in Curˀ dc̃i dñi Regis in Camˀa Guilhald ejusdem Civitatꝭ coram Henrico Colet milite maiore & Aldr̃is Civitatꝭ pˀdc̃i & porrexˀunt eisdm̃ maori & Aldr̃is quandã billam sive supplicaõem Cujus tenor sequitr.in hec verba,
Tothe right honourable lord the maire and fulle discrete sovˀaignes thaldˀmen of the Citee of london Shewen mekely unto yor.good lordeship and maistˀshippes the maister and the Wardeyns and the good ffolke of the Crafte or Science of Barbours Surgeons of the said Citee that Where as they of longe tyme have been in discorde and not of oon conformite, but evˀy man in effect of the said Crafte or Science hathe taken and folowed his own singuler way and apetite as mennebe49under no Rule nor obedience, contrarie to all godly policie for lacke of good Rules and ordenancꝭ hadde and used within the same Crafte or Science, and in especiall for takyng of over many appˀnticꝭ and settyng a werk ofmoney50fforeyns comyng oute of Seint Martyns, Westmynster, Suthwerk and other placꝭ nere unto this Citee to the distruccion of the good ffolke enfraunchised of the said Crafte or Science, butif51a remedie by yornoble and grete wisdomes the rather be pˀvided in that behalf. That it wold pleas yor.good lordeship and maistershippes for the good Rule andsadde52guydyng hereafter to be hadde amongꝭ the good ffolkꝭ of the said Crafte within the same Crafte to graunt to yor.saide besechers certeyn Articles hereaftˀ ensuying from hensforth to be obsˀved and kept and afore you here in this honorable Court to be establisshed and entred of Record for ever to endure.
FFirstthat no pˀsone of the said Crafte or science ne none other enfraunchised within the saide Crafte and kepyng open shoppe of the same Crafte or Science within the same Cite from hensforth in any wyse pˀsume to take uppon him to sette a werke within his house or Shoppe any sˀvaunt or sˀvauntꝭ orallowes53or other beyng fforeyns or estraungiers,but54evˀry suche pˀsone so enfraunchised in the saide Crafte or science or in any other and occupie the same Crafte or Science within the Citee aforesaid present any such sˀvaunt or sˀvauntꝭ allowes and other before the maistˀs and Wardeyns of the same Crafte or Science of Barbours for the tyme beyng within iij daies next after his comyng to his saide maister to thentent that the saide maister and Wardeyns have knowledge of their habilitie andcunyng55before they be sette any lenger in occupac̃ion in the saide Crafte or Science, And what manˀpˀsone56aforesaid hereafter be foundedoyng the contrarie of this ordenance shall forfeit and pay at evˀy tyme that he is so founden defectif xls.the oon half thereof to be applied to thuse of the Chambre of this honorable Citee and the other half to the Coẽn boxe of the said Crafte.
Alsothat no manˀpˀsone57enfraunchised in the saide Crafte or in any other kepying an open Shoppe and occupieth the same Crafte within the Citee from hensforth take or set a Werke within his house or shoppe or ellꝭ where within the same Citee anymoo58Sˀvaunts allowes atoones59beyng fforeyns or Straungiers but oonly ij pˀsones and the same ij pˀsones to be pˀsented by their maister before the maister and Wardeyns of the said Crafte or Science of Barbours for the tyme beyng within iij daies next comˀyng in to suche sˀvice to their suche maistˀ And that the same fforeyns or straungiers shall take or have of their saide maister suche wages for their suche sˀvice as it shalbe thought by the saide Maister and Wardeyns of the said Crafte of Barbours that they canne desˀve and none other, And what maner of pˀsone aforesaid hereafter be founde doyng contrarie to this ordenancꝭ shall forfeit at evˀry tyme that he is founde defectif vli.to be divided and applied to suche uses as be aforeherced.60
Alsoif it fortune hereafter any pˀsone enfraunchised in the saide Crafte of barbours or in any other occupying the same Crafte of barbours within the Citee to take any mo sˀvauntꝭ allowes at oones beyng fforeyns or straungiers than onely ij as isaforeherced61Wherethurgh62he renneth in the forfaiture of the said penaltie of vli.for the saide offence, and than that the maister and Wardeyns of the saide Crafte of Barbours for the tyme beyng havyng knowleche therof put not the said penaltie of vli.in execucion accordyng to the tenor.of the saide Acte thereof made, within xiiij daies after that the said maistˀ and Wardeyns have knowleche thereof, that than the said maistˀ and Wardeyns for the tyme beyng so founden defectif shall forfeit and lose at evˀy tyme xiijs.iiijd.to be divided and applied to suche uses as be aforeherced.
Alsothat no manˀ pˀsones enfraunchised in the said Crafte or in any other occupying the same Crafte within the said Citee from hensforth take any moo appˀntices at oones than iij uppon payne of forfaiture of vli.at evˀy suche tyme as he is founde defectif doyng contrarie of this Article, to be divided and applied to suche uses as be afore reherced Savyng allway that it shalbe lefull to evˀy suche pˀsone oon yeere before the tˀme of appˀntishode of any his appˀnticꝭ be expired to take a nother appˀntice in the stede of hym that is nygh com̃yng oute of his tˀmes of appˀntishode to thentent that the same newe appˀntice may have his due erudicion and lernyng in the said Crafte or Science of Barbours before the tˀmes and63of the rather appˀntice.
Alsoif any pˀson of the said Crafte or Science selle away his appˀntice to a nother manne within his tˀmes of appˀntishode that than it shalnot be lefull to any suche pˀsone so silling away his appˀntice to take any newe in his stede duryng the tˀme to come of appˀntishode of that appˀntice so sold Nevertheles if it fortune any appˀntice to dye within the tˀmes of his appˀntishode that than it shall be laufull to the mastˀ of that appˀntice so dying to take a nother in his stede when so evˀ it shall lyke hym.
Providedall way that it shalbe lefull to evˀy pˀsone of the said Crafte nowe havyng many appˀnticꝭ to reteyne and holde fulle as many appˀnticꝭ as he hathe the day of makyng of this Acte or ordenance unto suche tyme as the tˀme of their appˀnticialite shalbe fully accomplisshed So all way that no suche pˀsone take any mo appˀntices unto suche tyme as the nuˀbre of the said appˀnticꝭ be reduced and brought unto the said nuˀbre of iij appˀnticꝭ uppon payn of forfaiture of vli.to be divided and applied to suche uses as been afore reherced.
Alsothat no foreyn Barbour from this tyme foreward occupie the Craft or Science of Barbours or Surgeon Barbor.within the ffraunchise of the said Citee but if he be lymytted and assigned therto by the maister and Wardeyns of the same Craft for the tyme beyng uppon payn of forfaiture of vli.as often as any suche pˀsone so be founde defectif, to be divided and applied to suche uses as be aforeherced. Provided allway that if it canne be thought for the wele of the kyngꝭ people that if any foreyn Barbours or foreyn Surgeon be founden of such habilitie and connyng of Surgerie or of that Crafte that it were necessarie to have hym to occupie within the ffraunchise of this Citee, that than he be admitted therto by the Chamᵬleyn of london and by the Maister and Wardeyns of the said Crafte of Barbours for the tyme beyng, With that the same fforeyn fynde suertie sufficient to be bounde to the said Chamᵬleyn and Maister and Wardeyns for to do make him self free of the saide Crafte or Science of Surgeon Barbours and to obey and pˀfourme the Rules and ordennancꝭ of the same Crafte and to be under the correcion of the same Crafte, provided allway that the kyngꝭ people be served in price of their Cure and shavyng in tyme to come aswell and as safely as they have been in tymes passed.
Then follows the usual Ratification (in Latin) of the above Articles.
1490. A declaration made by one Bryan Sandford, dated 8th March, 1490, was produced to the Committee of the House ofCommons in 1745, in which it was stated that the Company were at that time possessed of the freehold of their Hall in Monkwell Street.
1493. On the 12th July in this year, an agreement was entered into between the Barbers’ Company and the Surgeons’ Guild which would indicate that the two bodies were now on amicable terms, working harmoniously for the increase of the credit of the profession, and for the correction of inexperienced surgeons and empirics. This “Composition” is of so interesting a nature that it is here given in full, as extracted from the fine old Book of Ordinances at the Hall; it did not unite the two bodies in any way beyond this, that they agreed to follow the same rules and practice with regard to the government of all Surgeons; that each guild was to choose two Wardens, and that the four so chosen were to act in a conjoint capacity as rulers or masters in matters surgical, and thus comprehend all Surgeons, whether of the Barbers’ Company, the Surgeons’ Guild, or “foreyns.”
Thispresent wrytyng endentyd of copˀosicyons made the xijthday of July iˀ the zere of owyr lord God MtCCCClxxxxiij and the viijthzere of the reyne of kyng harry the vijthWilliam Martyn then beyng mayre of this cyte of london betwyxt the ffelishippis of surgeons enfraunchesˀ wtin the cyte of london on that on p’ty And the felishippis of barbours surgeons and surgeons barbours enfraunchessid iˀ the seyd cyte on the other parte witnesyth that the sayde felyshippys of ther comon assent and mere moc̃yons ben c͠odescẽdyd and agreyd togethir the day and the zere aboue sayd, in mañ and fourme folowyng. That is to sey that eũy pˀson and pˀsons of the faculte or scyens of surgeons admyttyd and sworne to eyth̃ of the sayde felyshippis from hens forward shall stond and a byde wtther felyshippis as they now do and dyd before thys present composicyon.Alsothat from hens forth non of the sayde felyshippis shall admyt nor reseyue in to ther felishippys any alyent straungˀ or foreyn vsyng the sayde faculte or scyens of surgery wtowten knowleg or c͠osent of the wardẽs of bothe the seyd felishippys. All so for the welth and suerte of the kyngꝭ lege people And the honour of the seyde felyshyppys, It is agreyd be twyxt the same two felyshippis that non alyent straunger nor foreyn shall use nor ocopy the seyde faculte or scyens of surg̃y withyn this cyte or subbers of the same unto such tyme as he shewhym selfe to the mayer for the time beyng, and by the iiij wardeyns of bothe the saide felishippis, that is to sey of eyth̃ of the sayde felishippis, tweyn, and othˀ suche as by theyr wysdomys they will call vnto them, be dewly examyned & approuyd to be sufficyent of conyng and habilyte in the sayde faculte. And yf any such pˀson or pˀsones bi the sayde iiij wardens as is afore sayde be taken reputed and a lowed to be sufficient of konyng and habylite iˀ the seyd faculte or scyens of surgery that then the pˀson or pˀsonys so knowen and admyttyd shall be sworne to all the good rewlys and ordenans of yeseyd faculte or scyens of surgery, and to be under the coreccyon of the iiij wardens for the tyme beyng to the entent that at all tymes he may be under dwe coreccyon for the sauegard of yekyngis lege people. And if any suche alyent straungˀ or foreyn of pˀsumcon refuse to be examyned of the seyde wardens in mañ & fourme as is a fore seyd, Or yf any suche straunger or foreyn so examyned be the seyde wardens be Juged onsufficient of conyng and neũtheles takyth upon hym to occupy or vse the seyde faculte of surg̃y wtyn the seyde cyte or subbars of the same, Then take the name of hym or them so doyng and pˀsent hym by the sayd iiij wardens to the mayer for the tyme beyng, to the entent that by his wysdom, and advice of hys honerabyll brethern may set suche direccyon as shall be thought resonabilformacion64therof, restrayne hym from the ocupac̃on of the same scyens wtin the sayde cyte. Also it is agreyd and cõpoundyd betwyxte the sayde felyshippys that from hensforth eũy of the seyde felyshippis and seũally by them selfe, Chese of themselfe two discrete pˀsons usyng the fete of surgery to be seũally wardens of the sayde seũall felishippis, and that these iiij wardens for the tyme beyng when and as oftyn as nede shall requere, Shall haue the syght and good gounaunce of the seide faculte of surgery. And eũy pˀson or pˀsonys of eũy of the sayde felyshippis that happenys or shall fortune to haue anyJeopˀde65or dowtefull cure, dredyng deth or mãy,66he or they hauing at eny tyme to come, shall shew and pˀsent the cure or curys in as short tyme as nede shall be reqˀred, And at the leste at the thyrdedressyd67to the saide iiij wardens for the tyme beyng, Or any other pˀson or pˀsonys that is to seye, toone of yche of the seyde felishippis, and the same wardens and yf them seme nedefull shall call unto them ij or iij, or more if nede reqˀre, of the wysest and best expˀte mẽ of the said felishippis occupyeng the saide faculte of surgery as them semeth most expedyent, for the cause or causis aforesayde. Also in this coposycion yt is ordeyned and agreyd, that none of the iiij wardens for the zere beyng neyther any other pˀson of the sayde felishippis ocopyeng the crafte of surg̃i, Put any man of thes sayde felishipis oute of ther cure otherwyse then the honeste of the crafte wolle, but that yche of them be redy to helpe eche other wtcounsell or deed, ytworship profyte and the honeste of the crafte, and helpyng of the seke be had and done on all sydis. And if ony of thes iiij wardens for the tyme beyˀg or any other pˀson or pˀsonys of the seyde felyshippis do the cõtrary that eche suche doer content thevalvyr68of the cure, After discressyon and Jugem̃et of the same iiij wardens for the zere beyng, And also for his trespas to paye aftur discression and Jugem̃et of the iiij wardens. Also if any pˀson of the sayde felishippis dislaunder or depute any of the saide felishippis onrightfully ownonestly and ef it so maye be prouyd upon hym by two or thre witnesse, that he paye for that trespas iijs.iiijd., and ouer that to make amendis to yeseide pˀsons the whiche he hath so disslaunderd aftur Jugement of onest men of the seyd felyshippis not founden in non suche defaute.This pˀsent cõposicyon was made the daye and zere a bowe wreton by Roberd taylour, Robt.Halyday, Thom̃s Koppisley, Thom̃s Thornton, Ihoñ Harte, Johñ Marhm̃, Roberd Beuerly, James Scote, James Ingoldysby, Johñ Taylour, Richard Swedenhm̃, Nicholas Leueryng, John Wilson. In rowlid in Raffe Osterigis tyme, mayer.
Thispresent wrytyng endentyd of copˀosicyons made the xijthday of July iˀ the zere of owyr lord God MtCCCClxxxxiij and the viijthzere of the reyne of kyng harry the vijthWilliam Martyn then beyng mayre of this cyte of london betwyxt the ffelishippis of surgeons enfraunchesˀ wtin the cyte of london on that on p’ty And the felishippis of barbours surgeons and surgeons barbours enfraunchessid iˀ the seyd cyte on the other parte witnesyth that the sayde felyshippys of ther comon assent and mere moc̃yons ben c͠odescẽdyd and agreyd togethir the day and the zere aboue sayd, in mañ and fourme folowyng. That is to sey that eũy pˀson and pˀsons of the faculte or scyens of surgeons admyttyd and sworne to eyth̃ of the sayde felyshippis from hens forward shall stond and a byde wtther felyshippis as they now do and dyd before thys present composicyon.
Alsothat from hens forth non of the sayde felyshippis shall admyt nor reseyue in to ther felishippys any alyent straungˀ or foreyn vsyng the sayde faculte or scyens of surgery wtowten knowleg or c͠osent of the wardẽs of bothe the seyd felishippys. All so for the welth and suerte of the kyngꝭ lege people And the honour of the seyde felyshyppys, It is agreyd be twyxt the same two felyshippis that non alyent straunger nor foreyn shall use nor ocopy the seyde faculte or scyens of surg̃y withyn this cyte or subbers of the same unto such tyme as he shewhym selfe to the mayer for the time beyng, and by the iiij wardeyns of bothe the saide felishippis, that is to sey of eyth̃ of the sayde felishippis, tweyn, and othˀ suche as by theyr wysdomys they will call vnto them, be dewly examyned & approuyd to be sufficyent of conyng and habilyte in the sayde faculte. And yf any such pˀson or pˀsones bi the sayde iiij wardens as is afore sayde be taken reputed and a lowed to be sufficient of konyng and habylite iˀ the seyd faculte or scyens of surgery that then the pˀson or pˀsonys so knowen and admyttyd shall be sworne to all the good rewlys and ordenans of yeseyd faculte or scyens of surgery, and to be under the coreccyon of the iiij wardens for the tyme beyng to the entent that at all tymes he may be under dwe coreccyon for the sauegard of yekyngis lege people. And if any suche alyent straungˀ or foreyn of pˀsumcon refuse to be examyned of the seyde wardens in mañ & fourme as is a fore seyd, Or yf any suche straunger or foreyn so examyned be the seyde wardens be Juged onsufficient of conyng and neũtheles takyth upon hym to occupy or vse the seyde faculte of surg̃y wtyn the seyde cyte or subbars of the same, Then take the name of hym or them so doyng and pˀsent hym by the sayd iiij wardens to the mayer for the tyme beyng, to the entent that by his wysdom, and advice of hys honerabyll brethern may set suche direccyon as shall be thought resonabilformacion64therof, restrayne hym from the ocupac̃on of the same scyens wtin the sayde cyte. Also it is agreyd and cõpoundyd betwyxte the sayde felyshippys that from hensforth eũy of the seyde felyshippis and seũally by them selfe, Chese of themselfe two discrete pˀsons usyng the fete of surgery to be seũally wardens of the sayde seũall felishippis, and that these iiij wardens for the tyme beyng when and as oftyn as nede shall requere, Shall haue the syght and good gounaunce of the seide faculte of surgery. And eũy pˀson or pˀsonys of eũy of the sayde felyshippis that happenys or shall fortune to haue anyJeopˀde65or dowtefull cure, dredyng deth or mãy,66he or they hauing at eny tyme to come, shall shew and pˀsent the cure or curys in as short tyme as nede shall be reqˀred, And at the leste at the thyrdedressyd67to the saide iiij wardens for the tyme beyng, Or any other pˀson or pˀsonys that is to seye, toone of yche of the seyde felishippis, and the same wardens and yf them seme nedefull shall call unto them ij or iij, or more if nede reqˀre, of the wysest and best expˀte mẽ of the said felishippis occupyeng the saide faculte of surgery as them semeth most expedyent, for the cause or causis aforesayde. Also in this coposycion yt is ordeyned and agreyd, that none of the iiij wardens for the zere beyng neyther any other pˀson of the sayde felishippis ocopyeng the crafte of surg̃i, Put any man of thes sayde felishipis oute of ther cure otherwyse then the honeste of the crafte wolle, but that yche of them be redy to helpe eche other wtcounsell or deed, ytworship profyte and the honeste of the crafte, and helpyng of the seke be had and done on all sydis. And if ony of thes iiij wardens for the tyme beyˀg or any other pˀson or pˀsonys of the seyde felyshippis do the cõtrary that eche suche doer content thevalvyr68of the cure, After discressyon and Jugem̃et of the same iiij wardens for the zere beyng, And also for his trespas to paye aftur discression and Jugem̃et of the iiij wardens. Also if any pˀson of the sayde felishippis dislaunder or depute any of the saide felishippis onrightfully ownonestly and ef it so maye be prouyd upon hym by two or thre witnesse, that he paye for that trespas iijs.iiijd., and ouer that to make amendis to yeseide pˀsons the whiche he hath so disslaunderd aftur Jugement of onest men of the seyd felyshippis not founden in non suche defaute.
This pˀsent cõposicyon was made the daye and zere a bowe wreton by Roberd taylour, Robt.Halyday, Thom̃s Koppisley, Thom̃s Thornton, Ihoñ Harte, Johñ Marhm̃, Roberd Beuerly, James Scote, James Ingoldysby, Johñ Taylour, Richard Swedenhm̃, Nicholas Leueryng, John Wilson. In rowlid in Raffe Osterigis tyme, mayer.
Of the persons assenting to this composition, the following were Barber-Surgeons, viz.: Robt.Halyday (Master 1475, 1483, 1485, 1490, 1496), James Scott (M. 1493, 1498, 1500), James Ingoldysby (M. 1501, 1506), John Taylour (M. 1523, 1524), and Nicholas Leveryng(M. 1503, 1508), the others were most likely belonging to the Guild of Surgeons.
An Ordinance by way of addenda to the above was made, imposing penalties upon any who should break any of the foregoing rules; the first offence to be punished by a fine of 10s., the second 20s., and the third offence to be remitted to the Mayor and Aldermen for punishment after their discretion.
FAC-SIMILE OF THE TITLE-PAGE TO THE OLD BOOK OF ORDINANCES, REPRESENTING SAINTS COSMO AND DAMIAN (PATRON SAINTS OF THE BARBER-SURGEONS) AND THE COAT OF ARMS GRANTED TO THE COMPANY OF SURGEONS IN 1492. (Seep. 433.)
FAC-SIMILE OF THE TITLE-PAGE TO THE OLD BOOK OF ORDINANCES, REPRESENTING SAINTS COSMO AND DAMIAN (PATRON SAINTS OF THE BARBER-SURGEONS) AND THE COAT OF ARMS GRANTED TO THE COMPANY OF SURGEONS IN 1492. (Seep. 433.)
FAC-SIMILE OF THE TITLE-PAGE TO THE OLD BOOK OF ORDINANCES, REPRESENTING SAINTS COSMO AND DAMIAN (PATRON SAINTS OF THE BARBER-SURGEONS) AND THE COAT OF ARMS GRANTED TO THE COMPANY OF SURGEONS IN 1492. (Seep. 433.)
How long this agreement, so beneficial for the practice of Surgery, continued in force is unknown; but the probabilities are that the old jealousies soon re-appeared and that each Guild worked on its own lines until 1540, as, by the uniting Act then passed, it was specially remarked as desirable that the two Companies should come together, and be incorporated in one.
1497. We shall now present to the reader’s notice a highly important document, being a diploma granted by the Master and Wardens of the Barbers’ Company to one of their freemen, enabling him to practise as a Surgeon. This is in all probability the earliest English diploma of a Surgeon extant and cannot fail by the quaintness of its composition, and the details given, to prove of much interest. We notice in it, that our Company as usual, did not fail to rehearse its prerogatives and practice, and we also observe that thus early the Company provided an instructor and examiner in the science, Dr. John Smith, before whom came in the Common Hall, Robert Anson, and in the presence of a “great audience of many right well expert men in Surgery and others, was openly examined in divers things concerning the practice,” etc.
FAC-SIMILE OF THE DIPLOMA GRANTED BY THE MASTER AND WARDENS OF THE BARBER-SURGEONS TO ROBERT ANSON (8 AUG., 1497), ENABLING HIM TO PRACTISE AS A SURGEON.
FAC-SIMILE OF THE DIPLOMA GRANTED BY THE MASTER AND WARDENS OF THE BARBER-SURGEONS TO ROBERT ANSON (8 AUG., 1497), ENABLING HIM TO PRACTISE AS A SURGEON.
FAC-SIMILE OF THE DIPLOMA GRANTED BY THE MASTER AND WARDENS OF THE BARBER-SURGEONS TO ROBERT ANSON (8 AUG., 1497), ENABLING HIM TO PRACTISE AS A SURGEON.
THE LETTˀ PAT̃E OF BˀBOURS & OF SURGEOS BˀBORS.
Toall trew crysten people to whom thes present lettris shall come.RoberdHalidai69mastur of barbours and of surgeon barbours of london, and Willm̄ Okeley, JohnKnote70and ThomasDawes71wardens of the same gretyng, knowe ye that wher as the moste excellent Pryns in cryst and soũeyn lord Edward by the grace of god kyng of ynglõd and of ffraunce, lord of Ierlond, for many pˀfounde cos̃ideracyons his gc̃e movyng, hathe grauntyd the well to hym ĩ cryst, the approuyd fremen the coiãlte of barbours and of surgeon barbours of the cyte of londõ, The serche and oũsyght correcyon and ponyshement, examinacon & approbacion of all fremenusyng or hauntyng the conyng of surgery and barbory, And of all maner of men foreyns usyng or hauntyng any pˀticuler pˀte of surgery withyn the seyde cyte or subbers ther of, As a bowte new woundys, olde soris, and other lesyons what so eũ they be, Also in drawyng of teeth ventosyng scarificacons and suche othˀ manwall operac̃ons, lyke as the lettres patentes of owre seyde lege lord the kyng ther upon made planyly may apere. We therfore the saide Roberde, Willm̄, John̄ & Thom̄s at this tyme masturs and wardens of the saide felishyp, ffor the comyn pˀfyteweth72and relefe socour of owr lordis the kyngꝭ lege people, entẽdyng to pˀuyde men of good capasite and abill ĩ maners and conyng, sufficiently lerned, enfourmed, and labored by long experyens, and other in the seide craft of surgery,—haue prayed and requyred mastur John̄ Smyth doctour ĩ phesik, Instructour & examener of the seide feliship, andbe73the same for that intent chosen and elect to entur & examynacyon for the cawses a boue saide, wtdivers pˀsons whiche long tyme, wtowte auctorite, haue vsed and haunted wtexperyens the conyng of surgery, wheruppon aftur dewe and dyuers monycions made in this be halue,Roberd Ansonon of the seide coĩalte at the comyn hall of the same ĩ london appered, ĩ his pˀpyr pˀson, the first day of August last past, submyttyng hym selfe to the examync̃on and thaposicion,74wher and when the seide Roberd by the sayde John̄ Smyth, in a gret audiens of many ryght well expert men ĩ surgery & other, was op̃yly examyned ĩ dyuers thingꝭ cõcernyng the practise opˀatife and directif in the seyde crafte of Surgery. And theralbe it he hathe a fore this many tymys been well approuyd, ʒet now he is newly habelyd,be75the seyde doctour and felyship, and founde abyll and discrete to ocopy & vse the practise of surgery, as well a bowte new woundis, as cansers, fystelis, vlceracions & many other disessis & dyuers; & the same Robert thus aprouyd and abelyd we haue, as an expert man ĩ the seyd faculte, aprouyed and abeled to ocupy & practyse in the seyd faculte, ĩ eũy place, when and as ofte as hym best lyketh we haue lycensid hym and graũtid to hym by thes pˀsentes. ĩ witnes wherof we haue putte the comyn seale of barbours and of surgeon bˀbours of london, geuen at london ĩ the comyn hall of the seyd Comõnalte the viij day of August the zere of oure lord god MtCCCClxxxxvij.
Toall trew crysten people to whom thes present lettris shall come.RoberdHalidai69mastur of barbours and of surgeon barbours of london, and Willm̄ Okeley, JohnKnote70and ThomasDawes71wardens of the same gretyng, knowe ye that wher as the moste excellent Pryns in cryst and soũeyn lord Edward by the grace of god kyng of ynglõd and of ffraunce, lord of Ierlond, for many pˀfounde cos̃ideracyons his gc̃e movyng, hathe grauntyd the well to hym ĩ cryst, the approuyd fremen the coiãlte of barbours and of surgeon barbours of the cyte of londõ, The serche and oũsyght correcyon and ponyshement, examinacon & approbacion of all fremenusyng or hauntyng the conyng of surgery and barbory, And of all maner of men foreyns usyng or hauntyng any pˀticuler pˀte of surgery withyn the seyde cyte or subbers ther of, As a bowte new woundys, olde soris, and other lesyons what so eũ they be, Also in drawyng of teeth ventosyng scarificacons and suche othˀ manwall operac̃ons, lyke as the lettres patentes of owre seyde lege lord the kyng ther upon made planyly may apere. We therfore the saide Roberde, Willm̄, John̄ & Thom̄s at this tyme masturs and wardens of the saide felishyp, ffor the comyn pˀfyteweth72and relefe socour of owr lordis the kyngꝭ lege people, entẽdyng to pˀuyde men of good capasite and abill ĩ maners and conyng, sufficiently lerned, enfourmed, and labored by long experyens, and other in the seide craft of surgery,—haue prayed and requyred mastur John̄ Smyth doctour ĩ phesik, Instructour & examener of the seide feliship, andbe73the same for that intent chosen and elect to entur & examynacyon for the cawses a boue saide, wtdivers pˀsons whiche long tyme, wtowte auctorite, haue vsed and haunted wtexperyens the conyng of surgery, wheruppon aftur dewe and dyuers monycions made in this be halue,Roberd Ansonon of the seide coĩalte at the comyn hall of the same ĩ london appered, ĩ his pˀpyr pˀson, the first day of August last past, submyttyng hym selfe to the examync̃on and thaposicion,74wher and when the seide Roberd by the sayde John̄ Smyth, in a gret audiens of many ryght well expert men ĩ surgery & other, was op̃yly examyned ĩ dyuers thingꝭ cõcernyng the practise opˀatife and directif in the seyde crafte of Surgery. And theralbe it he hathe a fore this many tymys been well approuyd, ʒet now he is newly habelyd,be75the seyde doctour and felyship, and founde abyll and discrete to ocopy & vse the practise of surgery, as well a bowte new woundis, as cansers, fystelis, vlceracions & many other disessis & dyuers; & the same Robert thus aprouyd and abelyd we haue, as an expert man ĩ the seyd faculte, aprouyed and abeled to ocupy & practyse in the seyd faculte, ĩ eũy place, when and as ofte as hym best lyketh we haue lycensid hym and graũtid to hym by thes pˀsentes. ĩ witnes wherof we haue putte the comyn seale of barbours and of surgeon bˀbours of london, geuen at london ĩ the comyn hall of the seyd Comõnalte the viij day of August the zere of oure lord god MtCCCClxxxxvij.
1499. In this year the Company obtained from Henry VII a confirmation of their Charter, paying but 20s.for the same. This Inspeximus Charter recites and confirms that of Edward IV with the very noticeable exceptions, that four Masters or Governors are named instead of two, and that they are described as of “theMystery of Barbers and Surgeons,” and not “Barbers” only, as in Edward’s grant.
The original, in excellent preservation, with the great seal of England pendant, is at the Hall, and the text is asfollows:—
Henricusdei gracia Rex Anglie Francie & Dominus Hibernie Omnibʒ ad quos pˀsentes littere pervenerunt, salutem. Inspeximus litteras patentes recolende memorie domine E. quarti nuper Regis Anglie progenitoris nostri factas in hec verba.Edwardusdei gracia . . . . . . . . Teste me ipso apud Westmonasteriũ vicesimo quarto die Februarii Anno regni nostri primo.Nos autemlitteras predictas ac omnia & singula in eis contenta rata habentes et grata ea pro nobis et heredibus nostris quantum in nobis est acceptamus & approbamus ac dilectis ligeis nostris Rico Haywarde Jacobo Holand Johanni Robertson et Johanni Boteler nunc Magistris sive Gubernatoribʒ mistereBarbitonsoꝜetSirurgicoꝜinfra Civitatem nrãm predc̃am & eoꝜ Successoribʒ per pˀsentes ratificamus et confirmamus sicut lrẽ predc̃e rõnabilis testantˀIn cujusrei testiom̄ has lr̃as nr̃as fieri fecimus patentes.Testeme ip̃o apud Westm̄ quinto die Decembris Anno regni nostri quinto decimo.Clerk.pro viginti solidis solutis in hanaperio.
Henricusdei gracia Rex Anglie Francie & Dominus Hibernie Omnibʒ ad quos pˀsentes littere pervenerunt, salutem. Inspeximus litteras patentes recolende memorie domine E. quarti nuper Regis Anglie progenitoris nostri factas in hec verba.Edwardusdei gracia . . . . . . . . Teste me ipso apud Westmonasteriũ vicesimo quarto die Februarii Anno regni nostri primo.Nos autemlitteras predictas ac omnia & singula in eis contenta rata habentes et grata ea pro nobis et heredibus nostris quantum in nobis est acceptamus & approbamus ac dilectis ligeis nostris Rico Haywarde Jacobo Holand Johanni Robertson et Johanni Boteler nunc Magistris sive Gubernatoribʒ mistereBarbitonsoꝜetSirurgicoꝜinfra Civitatem nrãm predc̃am & eoꝜ Successoribʒ per pˀsentes ratificamus et confirmamus sicut lrẽ predc̃e rõnabilis testantˀIn cujusrei testiom̄ has lr̃as nr̃as fieri fecimus patentes.Testeme ip̃o apud Westm̄ quinto die Decembris Anno regni nostri quinto decimo.
Clerk.pro viginti solidis solutis in hanaperio.
(Endorsed.)
Intratur in libro signato cum lr̃a. m. tempore Nich̃i Alwyne maioris Civitatis londoñ Anno Regni Regis Henrici septum quinto decimo.Pakenham.
Translation.Henryby the grace of God, King of England and France, and Lord of Ireland, To all to whom these present letters shall come, health.Wehave inspected the letters patent of the Lord Edward the fourth, of gracious memory, late King of England, our progenitor, made in these words, “Edwardby the grace of God . . . . . . . . Witness my self at Westminster the 24th day of February in the first year of our reign.”We also, the aforesaid letters, and all and singular therein contained ratifying and granting, for us and our heirs, as much as in us lies do accept and approve, and to our beloved lieges, Richard Haywarde, James Holand, John Robertson, and John Boteler, now Masters or Governors of the Mystery ofBarbersandSurgeonswithin our City aforesaid, and to their successors, by these presents, do ratify and confirm, as in theaforesaid letters is reasonably testified.In Witnesswhereof, we have caused these our letters to be made patent.Witnessmyself at Westminster the fifth day of December in the fifteenth year of our reign.Clerk.for twenty shillings paid into the hanaper.
Translation.
Henryby the grace of God, King of England and France, and Lord of Ireland, To all to whom these present letters shall come, health.Wehave inspected the letters patent of the Lord Edward the fourth, of gracious memory, late King of England, our progenitor, made in these words, “Edwardby the grace of God . . . . . . . . Witness my self at Westminster the 24th day of February in the first year of our reign.”We also, the aforesaid letters, and all and singular therein contained ratifying and granting, for us and our heirs, as much as in us lies do accept and approve, and to our beloved lieges, Richard Haywarde, James Holand, John Robertson, and John Boteler, now Masters or Governors of the Mystery ofBarbersandSurgeonswithin our City aforesaid, and to their successors, by these presents, do ratify and confirm, as in theaforesaid letters is reasonably testified.In Witnesswhereof, we have caused these our letters to be made patent.Witnessmyself at Westminster the fifth day of December in the fifteenth year of our reign.
Clerk.for twenty shillings paid into the hanaper.
(Endorsed.)
Entered in the book marked with the letter m. in the time of Nicholas Alwyne, Mayor of the City of London, in the fifteenth year of the reign of King Henry the Seventh.Pakenham.
1511. In this year an Act of Parliament was passed, which infringed on the privileges of the Barbers’ Company, inasmuch as it placed the approbation and licensing of Surgeons in the hands of certain clerical dignitaries, to wit, the Bishop of London and Dean of St. Paul’s (while for the country the several Bishops or their Vicars general were nominated). This Act was possibly the outcome of some laxity on the part of our Company, or of an intolerable growth of quackery, with which it could not cope, the pretenders to surgical knowledge being a “great multitude” of ignorant persons, and women, using sorcery, witchcraft and noxious remedies. This Act of Parliament (3 Hen. VIII, cap. XI) as given below, is from an original copy in the possession of Mr. Charles J. Shoppee (Master 1878).
¶ AN ACTE CONCERNYNG THE APPROBATION OF PHISICIONS AND SURGIONS.
To the kyng our souerayne lorde, and to all the lordes spiritual and temporall, & comoñs in this present parlyament assembled.Forasmocheas the science and connynge of phisike & surgerie (to the perfet knowlege whereof, be requisite both great lernyng and rype experience) is dayly within this realme exercised by a great multitude of ignorant pˀsons: of whome the great part haue no maner of insight in the same, nor in any other kynde of lernynge, some also can no letters on the boke, so farforthe that common artificers, as smythes, weauers, and women, boldely and customably take uponthem greate cures and thinges of greate difficultie: in the whiche they partly use sorcerye, and witchcrafte, partly apply suche medicines unto the disease, as be very noyous and nothyng metely therfore to the highe displeasure of god, great infamye to the facultie, and the greuous hurte, damage, and destruction of many of the kynges liege people: most specially of them that can not discerne the unconnynge from connynge. Be it therfore (to the suertie and comforte of all maner people) by auctoritie of this present parliament enacted, that no persone within the citie of London, nor within seuen myles of the same, take upon hym to exercise and occupie as a phisition or surgion, excepte he be fyrst examyned, approued, and admytted by the byshop of London, or by the deane of Paules, for the tyme beinge, calling to hym or them foure doctours of phisike, and for surgery, other experte persons in that facultie, and for the fyrste examination suche as they shall thynke conuenient, and afterwarde alway foure of them that haue ben so approued, upon the peine of forfayture, for euery moneth that they do occupie as phisitions or surgions, not admytted nor examyned after the tenour of this acte, of v.li. to be enployed the one halfe therof to thuse of our soueraine lorde the kynge, and the other halfe therof to any person that wyll sue for it by action of dette, in whiche no wager of lawe nor protection shalbe alowed.¶ And ouer this, that no persone out of the sayd citie and precinte of vii. myles of the same, except he haue ben (as is aforesayd) approued in yesame, take upon hym to exercise and occupie as a phisition or surgion, in any diocesse within this realme, but if he be fyrste examined and approued by the bysshoppe of the same dyocese, or he beynge out of the dioces by his vycare generall: either of them callyng to them suche experte persones in the sayde faculties, as their discretion shal thynke conuenient, and gyuyng theyr letters testimonials under theyr seale to hym that they shall so approue, upon lyke peyne to them that occupie contrary to this acte (as is above sayde) to be leuied and employed after the forme before expressed.¶ Prouyded alway, that this acte nor any thynge therin contayned, be preiudiciall to the uniuersities of Oxforde and Cambrydge or eyther of them, or to any priuileges graunted to them.
To the kyng our souerayne lorde, and to all the lordes spiritual and temporall, & comoñs in this present parlyament assembled.Forasmocheas the science and connynge of phisike & surgerie (to the perfet knowlege whereof, be requisite both great lernyng and rype experience) is dayly within this realme exercised by a great multitude of ignorant pˀsons: of whome the great part haue no maner of insight in the same, nor in any other kynde of lernynge, some also can no letters on the boke, so farforthe that common artificers, as smythes, weauers, and women, boldely and customably take uponthem greate cures and thinges of greate difficultie: in the whiche they partly use sorcerye, and witchcrafte, partly apply suche medicines unto the disease, as be very noyous and nothyng metely therfore to the highe displeasure of god, great infamye to the facultie, and the greuous hurte, damage, and destruction of many of the kynges liege people: most specially of them that can not discerne the unconnynge from connynge. Be it therfore (to the suertie and comforte of all maner people) by auctoritie of this present parliament enacted, that no persone within the citie of London, nor within seuen myles of the same, take upon hym to exercise and occupie as a phisition or surgion, excepte he be fyrst examyned, approued, and admytted by the byshop of London, or by the deane of Paules, for the tyme beinge, calling to hym or them foure doctours of phisike, and for surgery, other experte persons in that facultie, and for the fyrste examination suche as they shall thynke conuenient, and afterwarde alway foure of them that haue ben so approued, upon the peine of forfayture, for euery moneth that they do occupie as phisitions or surgions, not admytted nor examyned after the tenour of this acte, of v.li. to be enployed the one halfe therof to thuse of our soueraine lorde the kynge, and the other halfe therof to any person that wyll sue for it by action of dette, in whiche no wager of lawe nor protection shalbe alowed.
¶ And ouer this, that no persone out of the sayd citie and precinte of vii. myles of the same, except he haue ben (as is aforesayd) approued in yesame, take upon hym to exercise and occupie as a phisition or surgion, in any diocesse within this realme, but if he be fyrste examined and approued by the bysshoppe of the same dyocese, or he beynge out of the dioces by his vycare generall: either of them callyng to them suche experte persones in the sayde faculties, as their discretion shal thynke conuenient, and gyuyng theyr letters testimonials under theyr seale to hym that they shall so approue, upon lyke peyne to them that occupie contrary to this acte (as is above sayde) to be leuied and employed after the forme before expressed.
¶ Prouyded alway, that this acte nor any thynge therin contayned, be preiudiciall to the uniuersities of Oxforde and Cambrydge or eyther of them, or to any priuileges graunted to them.
This Act seems to have invested the Bishops, etc., with the power of licensingallSurgeons, and if so, would have taken away that privilege from our Company; the point is however doubtful, and I am inclined to think that the Act did not operate to the prejudice of theCompany, only in so far as it suffered from the existence of another licensing authority.
Mr. D’Arcy Power has pointed out that the Act very soon became unpopular, and that it was almost immediately practically repealed by another one, which provided that it should be “lawful to any person being the king’s subject, having knowledge or experience of the nature of herbs, etc., to minister in and to any outward sore or wound according to their cunning.” (Memorials of the Craft of Surgery, p. 85.)
This latter Act, which in its effect would flood the land with quacks, must however have remained the law until the Act of 32 Hen. VIII, whereby the Barber-Surgeons were reinstated in their ancient rights; and it is the fact, that down to the 18th Century the Ecclesiastics claimed and enforced their rights (under the Act 3 Hen. VIII) to license Surgeons, notwithstanding other Acts passed since then, which although not expressly extinguishing their power, certainly did not save it. The Barber-Surgeons’ Company seem to have examined the Surgeons, and, if approved, to have given a certificate under Seal, which was presented to the Bishop who thereupon issued his licence. This practice was not however universal, and I think only applied to some Surgeons who were not free of the Company. In some cases the Bishop licensed Surgeons, without reference to the Company, and thousands have been licensed by the Company without regard to the Bishop. It is almost impossible to say now what course was followed, the practice certainly varying with the times (seeSurgery).
1513. In this year an Act of Parliament was passed exempting Surgeons from juries, inquests, etc. This must have been passed inthe interest of the Surgeons’ Guild, as the Barber-Surgeons were surely exempt under their Charter from Edward IV.
1512. The Barbers’ Company having applied to the King (Henry VIII) for a confirmation of their Charter, their request was acceded to. Henry is, on more than one occasion, spoken of in the books as “our patron,” and there is no doubt but that he was very friendly both to our Company and to individual members of it, as witness his gift of the grace cup, and the legacies in his will to various members of the Company, with some of whom, as Pen, Harman, Ayliff, etc., he was on as intimate terms as a king could be with a subject; there would therefore be, we may be sure, but little difficulty in obtaining an Inspeximus.
In one of our Minute Books, Thomas Knot (Master 1555) has transcribed what purports to be a copy of Henry’s Inspeximus Charter with the date 12thof May “in the xviijthyere of our Reigne” (i.e., 1526), and he appends a certificate that he has compared and agreed it with the original! Now we possess the original at Barbers’ Hall and it is dated 12thMarch 3rdHenry VIII (i.e., 1512), and it would indeed be a strange thing for Henry VIII in 1526 to recite and confirm Henry VII’s Charter, when he had already done so in 1512. Moreover I have searched the Patent Rolls and whilst there is no record in 1526, there is the entry of the 1512 Charter, and further to fix the date, both Philip and Mary, and Elizabeth in their Inspeximus Charters recite the 1512 Charter.
It has been necessary to enter into this detail, as the date of the Charter is important when we come to consider Holbein’s picture; and as my friend Mr. D’Arcy Power has (p. 338) quoted this pretended Charter not having seen the real one, he, very naturally trusting oldThomas Knot’s statement, has fallen into the pit dug some three hundred years ago.
The following is the Text of the Charter, and it will not be necessary to append a translation, as it follows much on the same lines as that of HenryVII:—