Lordinance encontre les entremettours de fysyk et de Surgerie.
Item pur ouster meschieves et perils qe longement ont continuez dedains le roialme entre les gentz par my ceux quont usez larts et le practik de fisik et surgerye pretendantz foi’ bien et sufficeaument apris de mesmes les arts on de verite non pas estes a grand deceite a le people. Si est ordeinez et assentuz en ceste parlement qe les seigneurs du counseil du roy pur le temps esteantz aient poair per anctoritie de mesme le parlement de faire et mettre tielle ordinaunce et punissement envers ceux persones qe desore evanant vorrant entremetter et user le practik des dits arts et ne sont my hables ne approves en ycelles come app’ent as mesmes les arts cesstasavoir ceux de fisyk en les universities et les surgeons entre les mestres de cell arte et ceo come semblera as ditz seigneurs les plus convenables et necessarie en le cas selonc lour bon advis et discretions pur le surete de le people.
STATUTE.
3. Hen. 8. c. 11.
An Act for the appointing Physicians and Surgeons.
‘To the King our Sovereign Lord, and to all the Lords Spiritual and Temporal and Commons in this present Parliament assembled. Forasmuch as the Science & Cunning of Physick & Surgery (to the perfect knowlege whereof be requisite both great Learning and ripe Experience) is daily within this Realm excercised by a great multitude of ignorant Persons, of whom the great part have no manner of Insight in the same, nor in any other Kind of Learning; some also can no Letters on the Book, so far forth, that common Artificers, as Smiths, Weavers, and Women boldly and accustomably take upon them great Cures, and Things of great Difficulty, in the which they partly use Sorcery and Witchcraft, partly apply such Medicines unto the Disease as be very noious, and nothing meet therefore, to the high Displeasure of God, great Infamy to the Faculty, and the grievous Hurt, Damage, and Destruction of many of the King’s liege People, most especially of them that cannot discern the uncunning from the cunning:’ Be it therefore (to the Security and Comfort of all manner People) by the Authority of this present Parliament enacted, That no Person within the City of London, nor within Seven Miles of the same, take upon him to exercise and occupy as a Physician or Surgeon, except he be first examined, approved, and admitted by the Bishop of London, or by the Dean of Paul’s, for the time being, calling to him or them Four Doctors of Physick, and for Surgery other expert Persons in that Faculty, and for the first Examination such as they shall think convenient, and afterward alway Four of them that have been so appointed, upon the Pain of Forfeiture for every Month that they do occupy as Physicians or Surgeons, not admitted nor examined after the Tenour of this Act, of v. li. to be imployed the one Half thereof to the Use of our Sovereign Lord the King, and the other Half to any Person that will sue for it by Action of Debt, in which no Wager of Law nor Protection shall be allowed.
II. And over this, That no Person out of the said City, and Precinct of Seven Miles of the same, except he have been (as is aforesaid) approved in the same, take upon him to exercise and occupy as a Physician or Surgeon, in any Diocese within this Realm, but if he be first examined and approved by the Bishop of the same Diocese, or, he being out of the Diocese, by his Vicar General; either of them calling to them such expert Persons in the said Faculties, as their discretion shall think convenient, and giving their Letters Testimonials under their Seal to him that they shall so approve, upon like pain to them that occupy the contrary to this Act (as is above said) to be levied and imployed after the Form before expressed.
III. Provided alway, That this Act, nor any thing therein contained, be prejudicial to the Universities of Oxford or Cambridge, or either of them, or to any Privileges granted to them. Memorand. That ‘Surgeons be comprised in this Act like as Physicians, for like mischief of ignorant Persons presuming to exercise Surgery.’
STATUTE.
5. Hen. 8. c. 6.
An Act concerning Surgeons to be discharged of Quests and other things.
‘Sheweth unto your discreet Wisdoms, your Humble Orators the Wardens and Fellowship of the Craft and Mystery of Surgeons enfranchised in the City of London, not passing in number Twelve Persons, that whereas they and their Predecessors, from the time that no mind is to the contrary, as well in this noble City of London, as in all other Cities and Boroughs within this Realm or elsewhere, for the continual Service and Attendance that they daily and nightly, at all Hours and Times, give to the King’s liege People, for the Relief of the same, according to their Science, have been exempt and discharged from all Offices and Business wherein they should use or bear any manner of Armour or Weapon, and with like Privilege have been intreated as Heralds of Arms, as well in Battles and Fields, as other places, therefore to stand unharnessed and unweaponed, according to the Law of Arms, because they be Persons that never used Feats of War nor ought to use, but only the Business and Exercise of their Science, to the Help and Comfort of the King’s liege People in the time of their Need: And in the aforesaid City of London, from the time of their first Incorporation, when they have been many more in number than they now be, were never called nor charged to be on Quest, Watch, nor other Office, whereby they should use or occupy any Armour or defenceable Geer of War, where through they should be unready, and letted to practice the Cure of Men being in Peril;’ Therefore for that there be so small Number of the said Fellowship of the Craft and Mystery of Surgeons, in regard of the great Multitude of Patients that be, and daily chance, and infortune happeneth and increaseth in the foresaid City of London, and that many of the King’s liege People suddenly wounded and hurt, for Default of Help in Time to them to be shewed, perish, and so divers have done, as evidently is known, by occasion that your said Suppliants have been compelled to attend upon such Constableship, Watches and Juries, as is aforesaid; be it enacted and established by the King our Sovereign Lord, and the Lords Spiritual and Temporal, and by the Commons, in the present Parliament assembled, and by Authority of the same, That from henceforth your said Suppliants be discharged, and not chargeable of Constableship, Watch, and of all manner of Office bearing any Armour, and also of all Inquests and Juries within the City of London: And also that this Act in all things do extend to all Barber Surgeons admitted and approved to exercise the said Mystery of Surgeons, according to the Form of the Statute lately made in that Behalf, so that they exceed not, nor be at one time above the number of Twelve Persons.
STATUTE.
14 and 15 Hen. 8. c. 5.
The Privileges and Authority of Physicians in London.
‘In the most humble wise shew unto your Highness, your true and faithful Subjects and liege Men John Chambre, Thomas Linacre, Ferdinandus de Victoria, your Physicians, and Nicholas Halsewell, John Frances, and Robert Yaxley, and all other men of the same Faculty within the City of London, and Seven Miles about, that where your Highness (by your most gracious Letters Patent bearing date at Westminster, the xxiii Day of September, in the tenth year of your noble Reign) for the Commonwealth of this your Realm, in due exercising and practising of the Faculty of Physick, and the good Ministration of Medicines to be had, hath incorporate and made of us, and of our Company aforesaid one Body and Perpetual Commonalty or Fellowship of the Faculty of Physick, and to have perpetual Succession and common Seal, and to choose yearly a President of the same Fellowship and Commonalty, to oversee, rule and govern the said Fellowship and Commonalty, and all men of the same Faculty, with divers other Liberties and Privileges by your Highness to be granted for the Common Wealth of this your Realm, as in your said most gracious Letters Patents more at large is specified and contained, the Tenour whereof followeth in these Words:—
[The Charter of Incorporation].
“Henricus Dei Gratia Rex Angliæ & Franciæ & Dominus Hiberniæ, omnibus ad quos præsentes literæ pervenerint salutem. Cum regii officii nostri munus arbitremur ditionis nostræ hominum fælicitati omni ratione consulere; id autem vel imprimis fore, si improborum conatibus tempestive occuramus, apprime necessarium duximus improborum quoque hominum, qui medicinam magis aviritiæ suæ causa, quam ullius bonæ conscientiæ fiducia, profitebuntur, unde rudi & credulæ plebi plurima incommoda oriantur, audaciam compescere: Itaque partim bene institutarum civitatum in Italia, & aliis multis nationibus, exemplum imitati, partim gravium virorum doctorum Joannis Chambre, Thomæ Linacre, Ferdinandi de Victoria, Medicorum nostrorum, Nicholai Halsewel, Joannis Francisci & Rob Yaxley, medicorum, ac præcipuc reverendissmi in Christo patris, ac domini, dom Thomæ tituli Sanctæ Ceciliæ trans Tiberim sacrosanctæ Romanæ ecclesiæ presbyteri cardinalis, Eboracencis archiepiscopi & regni nostri Angliæ cancellarii clarissimi, precibus inclinati, collegium perpetuum doctorum & gravium virorum, qui medicinam in urbe nostra Londino & suburbis, intraque septem millia passuum ab ea urbe quaqua versus publice exerceant, institui volumus atque imperamus. Quibus tum sui honoris, tum publicæ utilitatis nomine, curæ (ut speramus) erit, malitiosorum quorum meminimus inscientiam temeritatemque, tam suo exemplo gravitateque, suis deterrere, quam per leges nostras nuper editas, ac per constitutiones per idem collegium condendas, punire. Quæ quo facilius rite peragi possint, memoratis doctoribus Joan Chambre, Thomæ Linacre, Ferdinando de Victoria, medicis nostris, Nicholao Halsewel, Joanni Francisco, et Rob Yaxley, medicis, concessimus, quod ipsi, omnesque homines ejusdem facultatis de & in civitate prædicta, sint in re & nomine unum corpus et communitas perpetua sive collogium perpetuum; & quod eadam communitas sive collegium singulis annis in perpetuum eligere possint & facere, de communitate illa aliquem providum virum, & in facultate medicinæ expertum, in præsidentem ejudem collegii sive communitatis, ad supervidend’ recognoscend’ & gabernand’ pro illo anno collegium sive communitatem præd’ & omnes homines ejusdem facultatis & negotia eorundem. Et quod idem præsidens & collegium sive communitas habeant successionem perpetuam & commune sigillum negotiis dict’ communitatis & præsidentis in perpetuum serviturum. Et quod ipsi & successores sui in perpetuum sint personæ habiles & capaces ad perquirendum & possidendum in feodo & perpetuitate terras & tenementa, reditus, & alias possessiones quascunque.”
“Concessimus etiam eis & successoribus suis pro nobis & hæredibus nostris, quod ipsi et successores sui possint perquirere sibi & successoribus suis, tam in dicta urbe quam extra, terras et tenementa quæcunque annuum valorem duodecim librarum non excedent’, Statuto de Alienatione ad manum mortuum non obstante. Et quod ipsi per nomina præsidentis & collegii seu communitatis facultatis medicinæ Lond’ placitari & implaciteri possint coram quibuscunque judicibus in curiis et actionibus quibuscunque. Et quod præd’ præsidens et collegium sive communitas, et corum successores, congregationes licitas & honestas de seipsis, ac stat’ & ordinationes pro salubri qubernatione, supervisu et correctione collegii seu communitatis præd’ & omnium hominum eandem facultatem in dicta civitate, seu per septem milliaria in circuitu ejusdem civitatis exercend’ secundum necessitatis exigentiam, quoties et quanda opus fuerit, facere valeant licite et impune, sine impedimento nostri, hæredum, vel successorum nostrorum, justitiariorum, escaetorum, vicecomitum, & alior’ balivor’ vel ministror’ nostror’ hœred’ vel successor’ nostror’ quorumcunque. Concessimus etiam eisdem præsidenti & collegio, seu communitati, et successoribus suis, quod nemo in dicta civitate aut per septem miliaria in circuitu ejusdem, exerceat dictam facultatem nisi ad hoc per dict’ præsidentem & communitatem, seu successores eorum, qui pro tempore fuerint, admissus sit per ejusdem præsidentis & collegii literas sigillo suo communi sigillatas, sub pœna centum solidorum pro quolibet mense, quo non admissus eandem facultatem exercuit, dimidium inde nobis & hœred’ nostris, & dimidium dicto præsidenti & coll applicandum.”
“Præterea volumus & concedimus pro nobis et successoribus nostris (quantum in nobis) est quod per præsidentem & collegium præd’ communitatis pro tempore existen’ & eorum successores in perpetum, quatuor singulis annis eligantur, qui habeant supervisum & scrutinium, correctionem & qubernat’ omnium & singulor’ dictæ civitatis medicorum utentium facultate medicinæ in eadem civitate, ac aliorum medicorum forinsecorum quorumcunque facultatem illam medicinæ aliquo modo frequentantium & utentium infra eandem civitatem & suburbia ejusdem, sive intra septem miliaria in circuitu ejurd’ civitatis, ac punitionem eorund’ pro delictis suis in non bene exequendo faciendo, & utendo illa; nec non supervisum & scrutinium omnimodarum medicinarum & earum reception’ per dictos medicos, seu aliquem eorum, hujusmodi ligeis nostris pro eorum infirmitatibus curandis & sanandis, dandis, imponendis, & utendis, quoties et quando opus fuerit pro commodo & utilitate eorundem ligeorum nostrorum; ita quod punitio hujusmodi medicorum utentium dicta facultate medicinæ, sic in præmissis delinquent’ per fines, amerciamenta, & imprisonamenta corpor’ suor’ & per alias vias rationab’ & congruas exequatur.
“Volumus etiam & concedimus pro nobis, hæredibus et successoribus nostris (quantum in nobis est,) quod nec præsidens, nec aliquis de collegio præd’ medicorum, nec successores sui, nec eorum aliquis exercens facultatem illam; quoquo modo in futur’ infra civitatem nostram præd’ et suburbia ejusdem, seu alibi, summoneantur aut ponantur neque eorum aliquis summoneatur aut ponatur in aliquibus assisis, juratis, inquestis, inquisitionibus, attinctis, & aliis recognitionibus infra dictam civitatam & suburbia ejusdem, imposterum coram majore ac vicecom’ seu coronatoribus dictæ civitatis nostræ pro tempore existend’ capiendis aut per aliquem officiarium seu ministrum suum, vel officiarios sive ministros suos summonned’, licet eædem juratæ, inquisitiones, seu recognitiones summon’ fuerint super brevi vel brevibus nostris, vel hœredum nostroum, de recto; sed quod dicti magistrati, sive qubernatores, ac communitas facultatis antidictæ & successores sui, & eorum quilibet dictam facultatem exercentes versus nos, hæredes, et successores nostros, ac versus majorem et vicecomites civitatis nostræ præd’ pro tempore existen’ & quoscunque officiarios et ministros suos sint inde quieti, & penitus exonorati in perpetuum per præsentes.”
“Proviso quod litteræ nostræ, seu aliquid in eis content’ non cedent in præjudicium civitatis nostræ Lond’ seu libert’ ejusd’ & hoc absque fine seu feodo pro præmissis, seu sigillat’ præsentium nobis facienda, solvenda, vel aliqualiter reddenda, aliquo statuto, ordinatione, vel actu in contrarium ante hoc tempora facto, edito, ordinato, seu proviso in aliquo non obstante. In cujus rei testimonium has litteras nostras fieri fecimus patentes. Teste meipso apud Westmonasterium xxiij. die Sept’ an’ reg’ nostri x.”
Per ipsum Regem
“Et de data præd’ authoritate Parl. Tunstall.
‘And forasmuch that the making of the said Corporation is meritorious, and very good for the Common Wealth of this your Realm, it is therefore expedient and necessary to provide, That no Person of the said Politick Body and Commonalty aforesaid, be suffered to exercise and practice Physick, but only those Persons that be profound, sad, and discreet, groundly learned, and deeply studied in Physick.
‘In consideration whereof, and for the further authorising of the same Letters Patents, and also enlarging of further Articles for the said Common Wealth to be had and made:’ Pleaseth it your Highness, with the assent of your Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, to enact, ordain, and establish, That the said Corporation of the said Commonalty and Fellowship of the Faculty of Physick aforesaid, and all and every Grant, Article, and other Thing, contained and specified in the said Letters Patents, be approved, granted, ratified, and confirmed in the present Parliament, and clearly authorized and admitted by the same, good, lawful, and available to your said Body Corporate, and their Successors for ever, in as ample and large manner as may be taken, thought, and construed by the same; and that it please your Highness, with the assent of your said Lords Spiritual and Temporal and the Commons in this your present Parliament assembled, further to enact, ordain, and establish, That the Six Persons beforesaid in your said most gracious Letters Patents named as Principals, and first named of the said Commonalty and Fellowship, choosing to them Two more of the said Commonalty, from henceforward to be called and cleaped Elects; and that the same Elects yearly choose One of them to be President of the said Commonalty, and as oft as any of the Rooms and Places of the same Elects shall fortune to be void, by Death or otherwise, then the Survivors of the said Elects (within Thirty or Forty Days next after the Death of them or any of them) shall choose, name and admit One or mo, as need shall require, of the most cunning and expert Men, of and in the said Faculty in London, to supply the said Room and Number of Eight Persons; so that he or they that shall be so chosen, be first by the said Survivors strictly examined after a Form devised by the said Elects, and also by the same Survivors approved.
And where that in Dioceses in England, out of London, it is not light to find alway Men able sufficiently to examine (after the Statute) such as shall be admitted to exercise Physick in them, that it may be enacted in this present Parliament, That no Person from henceforth be suffered to exercise or practice in Physick through England, until such time as he be examined at London, by the said President, and three of the said Elects; and to have from the said President or Elects, Letters Testimonials of their approving and Examination, except he be a Graduate of Oxford or Cambridge, which hath accomplished all things for his Form, without any Grace.
32. Hen. 8. c. 40.
For Physicians and their Privilege.
‘In most humble wise sheweth unto your Majesty, your true and faithful Subjects and liege Men, the President of the Corporation of the Commonalty and Fellowship of the Science and Faculty of Physick in your City of London, and the Commons and the Fellows of the same, that whereas divers of them many times having in Cure, as well some of the Lords of your most honourable Council, and divers Times many of the Nobility of this Realm, as many other of your faithful and liege People, cannot give their due Attendance to them, and other their Patients, with such Diligence as their Duty were, and is to do by reason they be many Times compelled, as well within the City of London and Suburbs of the same, as in other Towns and Villages, to keep Watch and Ward, and be chosen to the Office of Constable, and other Offices within the said City and Suburbs of the same, as in other Places within this your Realm, to their great Fatigation and Unquieting, and to the Peril of their Patients, by reason they cannot be conveniently attended:’ It may therefore please your most excellent Majesty, with the Assent of your Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by Authority of the same, to enact, ordain, and establish, That the President of the said Commonalty and Fellowship for the Time being, and the Commons and Fellows of the same, and every Fellow thereof, that now be, or at any time hereafter shall be, their Successors, and the Successors of every of them, at all time and times after the making of this present Act, shall be discharged to keep Watch or Ward in your said City of London, or the Suburbs of the same, or any Part thereof; and that they or any of them shall not be chosen Constable, or any other Officer in the said City or Suburbs; and that if at any time hereafter said President for the time being, or any of the said Commons or Fellows for the time being, by any Ways or Means be appointed or elected to any Watch or Ward Office of Constable, or any other Office, within the said City or Suburbs, the same Appointment or Election to be utterly void and of none Effect; any Order, Custom, or Law to the contrary before this Time used in the said City notwithstanding.
II. And that it may please your most Royal Majesty, by the Authority aforesaid, That it may be further enacted, ordained and established, for the common Wealth and Surety of your loving Subjects of this your Realm, in and for the Administration of Medicines to such of your said Subjects as shall have Need of the same, That from henceforth the said President for the Time being, Commons and Fellows, and their Successors may yearly at such time as they shall think most meet and convenient for the same, elect and choose four Persons of the said Commons and Fellows, of the best learned, wisest and most discreet, such as they shall think convenient, and have Experience of the said Faculty of Physick, and that the said four Persons so elected and chosen, after a corporal Oath to them ministered by the said President or his Deputy, shall and may, by virtue of this present Act, have full Authority and Power, as often as they shall think meet and convenient, to enter into the House or Houses of all and every Apothecary, now or at any time hereafter using the Mystery or Craft of Apothecary within the said City, only to search, view and see such Apothecary Wares, Drugs and Stuffs, as the said Apothecaries or any of them have, or at any time hereafter shall have, in their House or Houses; and all such Wares, Drugs and Stuffs, as the said four Persons shall then find defective, corrupted, and not meet nor convenient to be ministered in any medicines for the Health of Man’s Body, the same four Persons calling to them the Warden of the said Mystery of Apothecaries within the said City for that time being, or one of them, shall cause to be brent or otherwise destroy the same, as they shall think meet by their discretion; and if the said Apothecaries or any of them at any time hereafter do obstinately or willingly refuse or deny the said four Persons yearly elected and chosen, as is before said, to enter into their said House or Houses for the Causes, Intent and Purpose before rehearsed; that then they and every of them so offending contrary to this Act, for every time that he or they do so offend, to forfeit C. s. the one Half to your Majesty and the other Half to him that will sue for the same by Action of Debt, Bill, Plaint or Information, in any of the King’s Courts, wherein no Wager of Law, Essoin or Protection shall be allowed; and if the said four Persons or any of them so elected and chosen as before is said, do refuse to be sworn, or after his said Oath to him or them administered, do obstinately refuse to make the said Search and View once in the Year, or at such time as they shall think most convenient by their Discretions, having no lawful impediment by Sickness or otherwise, to the contrary; that then for every such wilful and obstinate Default, every of the said four Persons making Default to forfeit forty Shillings.
III. And forasmuch as the Science of Physic doth comprehend, include and contain the knowledge of Surgery, as a special Member and Part of the same, therefore be it enacted, That any of the said Company or Fellowship of Physicians, being able chosen and admitted by the said President and Fellowship of Physicians, may from time to time, as well within the City of London, as elsewhere within the Realm, practice and exercise the said Science of Physic in all and every his Members and Parts, any Act, Statute, or Provision made to the contrary notwithstanding.
STATUTE.
32. Hen. 8. c. 42.
For Barbers and Surgeons.
‘The King our Sovereign Lord, by the advice of the Lords Spiritual and Temporal and the Commons, in this present Parliament assembled, and by the Authority of the same, by all their common Assents, duly pondering among other Things necessary for the Common Wealth of this Realm, that it is very expedient and needful to provide for Men expert in the Science of Physick and Surgery, for the Health of Man’s Body, when Infirmities and Sickness shall happen, for the due Exercise and Maintenance whereof good and necessary Acts be already made and provided; yet nevertheless, forasmuch as within the City of London, where Men of great Experience, as well in Speculation as in Practice of the Science and Faculty of Surgery, be abiding and inhabiting, and have more commonly the daily Exercise and Experience of the same Science of Surgery, than is had or used within other Parts of this Realm; and by occasion thereof many expert Persons be brought up under them as their Servants, Apprentices and others, who by the Exercise and diligent Information of their said Masters, as well now as hereafter, shall exercise the said Science within divers other parts of this Realm, to the great Relief, Comfort and Succour of much People, and to the sure Safeguard of their bodily Health, their Limbs and Lives; and forasmuch as within the said City of London, there be now two several and distinct Companies of Surgeons, occupying and exercising the said Science and Faculty of Surgery, the one Company being called The Barbers of London, and the other Company called The Surgeons of London, which Company of Barbers be incorporated to sue and be sued by the Name of Masters or Governors of the Mystery or Commonalty of the Barbers of London, by Virtue and Authority of the Letters Patents under the Great Seal of the late King of famous Memory, King Edward the Fourth, dated at Westminster the four and twentieth of February, in the first year of his Reign, which afterward, as well by our now most dread Sovereign Lord, as by the right noble and virtuous Prince King Henry the Seventh, Father unto the King’s most excellent Highness now being, were and be confirmed, as by sundry Letters Patents thereof made, amongst other things in the same contained, more at large may appear; and the other Company called the Surgeons, be not incorporate, nor have any manner of Corporation; which two several and distinct Companies of Surgeons were necessary to be united, and made one Body incorporate, to the intent that by their Union and often assembly together, the good and due Order, Exercise, and Knowlege of the said Science or Faculty of Surgery should be as well in Speculation as in Practice, both to themselves, and all other their said Servants and Apprentices, now and hereafter to be brought up under them, and by their Learnings and diligent and ripe Informations, more perfect, speedy and effectual Remedy should be, than it hath been, or should be if the said two Companies of Barbers and Surgeons should continue severed asunder, and not joined together, as they before this time have been, and used themselves not medling together;’ wherefore in consideration of the Premisses, be it enacted by the King our Sovereign Lord, and by the Lords Spiritual and Temporal, and by the Commons in this present Parliament assembled, and by the Authority of the same, That the said two several and distinct Companies of Surgeons, that is to say, both the Barbers and the Surgeons and every Person of them, being a Freeman of either of the said Companies after the Custom of the said City of London, and their Successors from henceforth, immediately be united and made one entire and whole body corporate and one Commonalty perpetual, which at all times hereafter shall be called by the name of Masters or Governors of the Mystery and Commonalty of Barbers and Surgeons of London, for evermore, and by none other name; and by the same name to implead and be impleaded before all manner of Justices, in all courts, in all manner of Actions and Suits, and also to purchase, enjoy, and to take to them and to their Successors, all manner of Lands, Tenements, Rents, and other Possessions, whatsoever they be; and also shall have a Common Seal, to serve the business of the said Company and Corporation for ever, and by the same name peaceably, quietly, and indefeasably shall have, possess and enjoy to them and to their Successors for ever all such Lands and Tenements, and other Hereditaments whatsoever, which the said Company or Commonalty of Barbers have and enjoy to the Use of the said Mystery and Commonalty of Barbers of London; and also shall peaceably and quietly have and enjoy all and singular Benefices, Grants, Liberties, Privileges, Franchises and free Customs, and also all manner of other Things at any time given or granted unto the said Companies of Barbers or Surgeons by whatsoever name or names they or any of them were called, and which they or any of them now have, or any of their Predecessors have had, by Act of Parliament, Letters Patents, of the King’s Highness, or other his most noble Progenitors, or otherwise by any lawful means have had at any time afore this present Act, in as large and ample Manner and Form as they or any of them have, had, might or should enjoy the same, this Union or Conjunction of the said Companies together notwithstanding; and as largely to have and enjoy the Premisses, as if the same were and had been specially and particularly expressed and declared with the best and most clearest Words and Terms in the Law, to all Intents and Purposes, and that all persons of the said Company now incorporate by this present Act, and their Successors, shall be lawfully admitted and approved to occupy Surgery, after the form of the Statute in that case ordained and provided shall be exempt from bearing of Armor, or to be put in any Watches or Inquests; and that they and their Successors shall have the Search, Oversight, Punishment, and Correction, as well of Freemen as of Foreigners for such Offences as they or any of them shall commit or do against the good Order of Barbery or Surgery, as afore this Time among the said Mystery and Company of Barbers of London hath been used and accustomed, according to the good and politick Rules and Ordinances by them made, and approved by the Lord Chancellor, Treasurer and two chief Justices of either Bench, or any three of them after the Form of the Statute in that case ordained and provided.
II. And further be it enacted by the Authority aforesaid, That the said Masters or Governors of the Mystery and Commonalty of Barbers and Surgeons of London and their Successors yearly for ever, after their said Discretions, at their free Liberty and Pleasure, shall and may have and take without Contradiction four persons condemned, adjudged, and put to death for Felony by the due Order of the King’s Laws of this Realm for Anatomies, without any further Suit or Labour to be made to the King’s Highness, his Heirs or Successors of the same; and to make Incision of the same dead bodies, or otherwise to order the same after their said Discretions at their Pleasures for their further and better Knowledge, Instruction, Insight, Learning and Experience in the said Science or Faculty of Surgery; saving unto all Persons their Heirs and Successors all such Right, Title, Interest and demand which they or any of them might lawfully claim or have in or to any of the Lands and Tenements with the Appurtenances belonging unto the said Company of Barbers and Surgeons, or any of them, at any time afore the making of this Act, in as ample Manner and Form as they or any of them had or ought to have had heretofore; any Thing in this present Act comprised to the contrary hereof in any wise notwithstanding.
III. And forasmuch as such Persons using the Mystery or Faculty of Surgery, oftentimes meddle and take unto their Cures and houses such sick and diseased Persons as been infected with the Pestilence Great Pox, and such other contagious Infirmities do use or exercise Barbery, as washing, or shaving or other Feats thereunto belonging which is very perilous for infecting the King’s liege People resorting to their Shops and houses there being washed or shaven: Wherefore it is now inacted, ordained and provided by the Authority aforesaid, That no manner of Person within the City of London, Suburbs of the same and one Mile Compass of the said City of London, after the feast of the Nativity of our Lord God next coming, using Barbery or Shaving or that hereafter shall use any Barbery or Shaving within the said City of London, Suburbs or one mile Circuit of the same City of London, he nor they nor none other for them, to his or their Use, shall occupy any Surgery, letting of blood, or any other thing belonging to Surgery; drawing of teeth only except. And furthermore in like manner whosoever that useth the Mystery or Craft of Surgery within the Circuit aforesaid as long as he shall fortune to use the said Mystery or Craft of Surgery, shall in no wise occupy nor exercise the Feat or Craft of Barbery or Shaving, neither by himself, nor by none other for him, to his use or their use: And moreover, that all manner of Persons using Surgery for the time being, as well Freemen as Foreigners, Aliens and Strangers within the said City of London, the Suburbs thereof, and one Mile compass of the said City of London, before the Feast of St. Michael, the Archangel next coming, shall have an open Sign on the Street side where they shall fortune to dwell, that all the King’s liege People there passing by may know at all times, whither to resort for Remedies in Time of necessity.
IV. And further be it enacted by the Authority aforesaid, That no manner of Person after the said Feast of St. Michael the Archangel next coming, presume to keep any Shop of Barbery or Shaving within the City of London, except he be a Freeman of the same Corporation and Company.
V. And furthermore at such Times heretofore accustomed, there shall be chosen by the same Company four Masters or Governors of the same Corporation or Company, of the which four, two of them shall be expert in Surgery, and the other two in Barbery; which four Masters, and every of them, shall have full Power and Authority from Time to Time, during their said Office, to have the Oversight, Search, Punishment and Correction of all such Defaults and Inconveniences as shall be found among the said Company using Barbery or Surgery, as well of Freemen as Foreigners, Aliens or Strangers, within the City of London and the Circuits aforesaid, after their said Discretions; And if any Person or Persons using any Barbery or Surgery at any Time hereafter offend in any of these Articles aforesaid, that then for every Month the said Persons so offending shall lose, forfeit and pay v. li. the one Moiety thereof to the King our Sovereign Lord, and the other Moiety to any Person that will or shall sue therefore by Action of Debt, Bill, Plaint or Information in any of the King’s Courts, where no Wager of Law, Essoin or Protection shall be admitted or allowed in the same.
VI. Provided that the said Barbers and Surgeons, and every of them, shall bear and pay Lot and Scot, and such other Charges as they and their Predecessors have been accustomed to pay within the said City of London; this Act nor any thing therein contained to the contrary hereof in any wise notwithstanding.
VII. Provided alway, and be it enacted by Authority aforesaid, That it shall be lawful to any of the King’s Subjects, not being Barber or Surgeon, to retain have and keep in his House as his Servant any Person being a Barber or Surgeon, which shall and may use and exercise those Arts and Faculties of Barbery or Surgery, or either of them in his Master’s House, or elsewhere by his Master’s Licence or Commandment; any Thing in this Act above written to the contrary notwithstanding.
34. 35. Hen. 8. c. 8.
A Bill that Persons being no common Surgeons, may minister Medicines, notwithstanding the Statute.
‘Where in the Parliament holden at Westminster, in the third year of the King’s most gracious reign, amongst other things, for the avoiding Sorceries, Witchcraft, and other inconveniencies; it was enacted, That no Person within the City of London, nor within seven miles of the same, should take upon him to exercise and occupy as Physician or Surgeon, except he be first examined, approved and admitted by the Bishop of London, and others, under and upon certain Pains and Penalties, in the same Act mentioned: since the making of which Act, the Company and Fellowship of Surgeons of London, minding only their own lucres, and nothing the profit or ease of the Diseased or Patient, have sued, troubled, and vexed divers honest Persons, as well Men as Women, whom God hath endued with the knowledge of the nature, kind and operation of certain herbs, roots and waters, and the using and ministering of them to such as been pained with customable Diseases, as Women’s Breasts being Sore, a Pin and the Web in the eye, Uncomes of Hands, Burnings, Scaldings, Sore Mouths, the Stone, Stranguary, Saucelim, and Morphew, and such other like Diseases; and yet the said Persons have not taken any thing for their Pains or Cunning, but have ministered the same to poor People only, for Neighbourhood and God’s sake, and of Pity and Charity; and it is well known, that the Surgeons admitted will do no cure to any Person, but where they shall know to be rewarded with a greater sum or reward than the cure extendeth unto; for in case they would minister their cunning unto sore People unrewarded, there should not so many rot, and perish to Death for lack or help of Surgery, as daily do; but the greatest part of Surgeons admitted been much more to be blamed, than those Persons that they trouble.’
‘For although the most part of the Persons of the said Craft of Surgeons, have small cunning, yet they will take great Sums of Money, and do little therefore; and by reason thereof, they do oftentimes impair and hurt their Patients, rather than do them good.’ In consideration whereof, and for the Ease, Comfort, Succour, Help, Relief, and Health of the King’s poor Subjects, Inhabitants of this Realm, now pained or diseased, or that hereafter shall be pained or diseased.
Be it ordained, established, and enacted, by the Authority of this present Parliament, that at all time from henceforth, it shall be lawful to every Person being the King’s Subject, having knowledge and experience of the nature of Herbs, Roots, and Waters, or of the operation of the same, by Speculation or Practice, within any part of the Realm of England, or within any other of the King’s Dominions, to practise, use, and minister in and to any outward Sore, Uncome, Wound, Apostemations, outward Swellings or Disease, any Herb or Herbs, Ointments, Baths, Pultess, and Emplasters, according to their Cunning, Experience and Knowledge, in any of the Diseases, Sores, and Maladies beforesaid, and all other like to the same, or Drinks for the Stone, Stranguary or Agues, without Suit, Vexation, Trouble, Penalty, or loss of their Goods; the foresaid Statute in the foresaid third Year of the King’s Most Gracious Reign, or any other Act, Ordinance, or Statute to the contrary heretofore made in anywise notwithstanding.
1. Mary, c. 9.
An Act touching the Corporation of Physicians in London.
‘Whereas in the Parliament holden at London, the fifteenth Day of April, in the fourteenth year of the Reign of our late Sovereign Lord, King Henry the Eighth, and from thence adjourned to Westminster, the last day of July, in the fifteenth year of the Reign of the same king, and there holden, it was enacted, That a certain Grant of Letters Patents of Incorporation, made and granted by our said late king to the Physicians of London, and all Clauses and Articles contained in the same Grant, should be approved, granted, ratified and confirmed by the same Parliament.’
For the consideration thereof, be it enacted, by the Authority of this present Parliament, That the said Statute or Act of Parliament, with every Article and Clause therein contained, shall from henceforth stand and continue in full Strength, Force and Effect; any Act, Statute, Law, Custom, or any other thing made had or used to the contrary in any wise notwithstanding.
III. And for the better Reformation of divers Enormities happening to the Commonwealth, by the evil using and undue Administration of Physick, and for the enlarging of further Articles for the better Execution of the things contained in the said Grant enacted;
IV. Be it therefore now enacted, That whensoever the President of the College, or Communalty of the Faculty of Physick of London, for the time being, or such as the said President and College shall yearly, according to the Tenor and Meaning of the said Act, authorise to search, examine, correct and punish all Offenders and Transgressors in the said Faculty, within the same City and Precinct in the said Act expressed, shall send or commit any such Offender or Offenders for his or their Offences or Disobedience, contrary to any Article or Clause contained in the said Grant or Act, to any Ward, Gaol or Prison, within the same City and Precinct (the Tower of London, except) That then from time to time, the Warden, Gaoler or Keeper, Wardens, Gaolers, or Keepers of the Wards, Gaols and Prisons within the City or Precinct aforesaid, (except before excepted) shall receive into his or their Prisons all and every such Person and Persons so offending, as shall be so sent or committed, to him or them, as is aforesaid; and there shall safely keep the person or persons so committed, in any of their Prisons, at the proper Costs and Charges of the said Person or Persons so committed, without Bail or Mainprise, until such time as such Offender or Offenders or Disobedient be discharged of the said Imprisonment by the said President, and such Persons as by the said College shall be thereto authorised; upon Pain that all and every such Warden, Gaoler and Keeper, doing the contrary, shall lose and forfeit double of such Fine and Amerciament as such Offender and Offenders or Disobedients, shall be assessed to pay, by such as the said President and College shall authorise as aforesaid, so that the same Fine and Amerciament be not at any one time above the sum of xx li. the Moiety thereof to be employed to the use of our Sovereign Lady the Queen, her Heirs and Successors, the other Moiety unto the said President and College: all which forfeitures to be recovered by Action of Debt, Bill, Plaint, or Information, in any of the Queen’s, her Heirs and Successor’s Courts of Record, against any such Warden, Gaoler or Keeper so offending; in which Suit no Essoin, Wager of Law, nor Protection shall be allowed nor admitted for the Defendant.
V. And further, be it enacted by the Authority aforesaid, for the better Execution of the Search and view of Poticary Wares, Drugs and Compositions, according to the Tenor of a Statute made in the xxxii Year of the Reign of the said late King Henry the Eighth, That it shall be lawful for the Wardens of the Grocers, or one of them, to go with the said Physicians in their View and Search, that if the said Warden or Wardens do refuse his or their coming thereunto, forthwith and immediately, when the said President or four of his College elect, as aforesaid, do call upon him or them, that then the said Physicians may and shall execute that Search and View, and the due Punishment of the Poticaries for any their evil and faulty Stuff, according to the Statute last before mentioned, without the Assistance of any of the said Wardens; any Clause in the aforenamed Statute to the contrary hereof notwithstanding. And every such Person or Persons as will or shall resist such Search, shall forfeit for every such resistance Ten Pound; the same Penalty to be recovered in Form aforesaid, without any of the delays aforesaid, to be had in suit thereof.
VI. And further, be it enacted, That all Justices, Mayors, Sheriffs, Bailiffs, Constables, and other Ministers and Officers, within the City and Precincts above written, upon Request to them made, shall help and assist the President of the said College, and all Persons by them from time to time authorised for the due Execution of the said Acts or Statutes, upon Pain for not giving of such Aid, Help, and Assistance, to run in Contempt of the Queen’s Majesty, her Heirs and Successors.
6th & 7th Will. 3. c. 4.
An Act for exempting Apothecaries from serving the Offices of Constable, Scavenger, and other Parish and Ward Offices, and from serving upon Juries.
‘Whereas the Act of the Apothecary is of great and general Use and Benefit, by reason of their constant and necessary Assistance of his Majesty’s Subjects, which should oblige them solely to attend the Duty of their Professions; yet by reason that they are compelled to serve several Parish, Ward, and Leet Offices, in the Places where they live, and are frequently summoned to serve on Juries and Inquests, which take up great Part of their Time, they cannot perform the Trusts reposed in them as they ought, nor attend the Sick with such Diligence as is required: And whereas, King James the First, by His Letters Patents under the Great Seal of England, did incorporate the Apothecaries exercising that Art within London, and seven Miles Compass, by the Name of The Master, Wardens, and Society of the Art and Mystery of the Apothecaries of the City of London:’
II. Be it therefore enacted, by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all and every Person and Persons, using and exercising, or that hereafter shall use and exercise, the Art of an Apothecary within the said City of London, and seven Miles thereof, being Free of the said Society, and who already have been, or hereafter shall be duly examined of his Skill in the said Mystery, and shall be approved of for the same, and every of them, for so long as he or they shall use and exercise the said Art, and no longer, shall and may at all Times hereafter be freed and exempted from the several Offices of Constable, Scavenger, Overseer of the Poor, and all other Parish, Ward, and Leet Offices, and of and from the being put into or serving upon Juries or Inquests; and if at any Time hereafter any such Person or Persons using the said Art, and being qualified as aforesaid, shall be chosen or elected into any of the said Offices, or returned, required, or appointed to serve in any Jury, Leet, or Inquest, or be disquieted or disturbed by reason thereof, that then such Person or Persons, producing a Testimonial under the common Seal of the said Corporation, of such his Examination, Approbation, and Freedom, to the Person or Persons by whom he shall be so elected or appointed, or by or before whom he shall be so summoned, returned, or required to serve or hold any of the said Offices or Duties, shall be absolutely discharged from the same, and such Nomination, Election, Return, and Appointment, shall be utterly void, and of none Effect; any Order, Custom, Law, or Statute, to the contrary in any wise notwithstanding.
III. And be it further enacted by the Authority aforesaid, That all Persons using and exercising, or that hereafter shall use and exercise the said Art of an Apothecary, within any other Parts of this Kingdom, Dominion of Wales, or Town of Berwick upon Tweed, and who have been brought up and served, or hereafter shall be brought up and serve in the said Art as an Apprentice, by the Space of seven years, according to the Statute of the fifth of Queen Elizabeth, shall likewise from henceforth be freed and exempted from all and singular the Offices and Duties aforesaid, within the several Counties, Cities, and Places, where they live and inhabit, for so long as he or they shall use and exercise the said Art, and no longer; and if any Person or Persons so qualified shall be elected or chosen into any of the said Offices, or returned to serve in any Jury, Leet, or Inquest, such Nomination, Election, Return, and Appointment, shall be void, unless such Person or Persons shall voluntarily consent and agree to hold such Office, or serve upon such Jury, Leet, or Inquest. Provided always, That nothing herein contained shall be construed to exempt or excuse any Apothecary that is or shall, before the commencement of this Act, be elected or appointed to Serve any of the said Offices, from serving in the said Offices for the usual Time, for which he was so elected and appointed. Provided always, That this Act shall continue for the Space of seven Years, and from thence to the End of the next Session of Parliament, and no longer.
Continued by 1 Ann. st. 1. c. 11.
Made perpetual by 9 Geo. 1. c. 8. § 1.
10. Geo. 1. c. 20.
An Act for the better viewing, searching and examining of all Drugs, Medicines, Waters, Oils, Compositions, used or to be used for Medicines in all places where the same shall be exposed to sale or kept for that Purpose, within the City of London and Suburbs thereof, or within seven Miles Circuit of the said City.
[This Act has expired.]
18. Geo. 2. c. 15.
An Act for making the Surgeons of London and the Barbers of London two separate and distinct Corporations.
‘Whereas in and by certain Letters Patent, under the Great Seal of England, bearing Date the twenty-fourth Day of February in the first Year of the Reign of his then Majesty King Edward the Fourth, after reciting, That the Freemen of the Mystery of Barbers of the City of London, using the Mystery or Faculty of Surgery, had for a long Time, exercised and sustained, and still continued to exercise and sustain great Application and Labour, as well about the curing and healing Wounds, Blows and other Infirmities, as in the letting of Blood, and drawing of Teeth; and that by the Ignorance and Unskilfulness of some of the said Barbers, as well Freemen of the said City as of others, being foreign Surgeons, many misfortunes had happened to divers People, by the Unskilfulness of such Barbers and Surgeons, in healing and curing Wounds, Blows, Hurts and other Infirmities; and that it was to be feared, that the like or worse Evils might thereafter ensue, unless a suitable Remedy was speedily provided in the Premisses; his said then Majesty did therefore, at the Supplication of the Freemen of the said Mystery of Barbers, in the said City of London, grant to them, amongst other Things, that the said Mystery, and all the Men of the said Mystery of the said City, should be one Body, and one perpetual Community; and that two Principals of the same Commonalty, of the most expert Men in the Mystery of Surgery, might with the Assent of twelve, or eight Persons at the least, of the same Community, every Year elect and make out of the Community two Masters or Governors, being the most expert in the Mystery of Surgery, to oversee, rule and govern the Mystery and Commonalty aforesaid, and all Men of the same Mystery and the Affairs of the same; and that the aforesaid Masters or Governors, and Commonalty, and their Successors, might make Statutes and Ordinances for the Government of the said Mysteries; and that the Masters or Governors for the Time being, and their Successors, should have the Survey, Search, Correction and Government of all the Freemen of the said City, being Surgeons, using the Mystery of Barbers in the same City, and of other Surgeons whatsoever, being Foreigners, practising and using the Mystery of Surgery, within the same City and Suburbs of the same, and the Punishment of them, as well Freemen as Foreigners, for their Offences in not perfectly executing, performing and using that Mystery; and should also have the Survey and Search of all Manner of Instruments, Plaisters and other Medicines, and the Receipts to be given, applied and used by the said Barbers and Surgeons, for the curing and healing of Sores, Wounds, Hurts and such like Infirmities; and that no Barber using the said Mystery of Surgery, within the said City, or Suburbs thereof, or other foreign Surgeon whatsoever, should be in any Manner thereafter admitted to execute, perform and exercise the same Mystery of Surgery, unless he had first been approved of, as well instructed in that Mystery, by the said Masters or Governors, or their Successors, sufficiently qualified in that Behalf; and his said Majesty did further grant, that the said Masters or Governors of the Commonalty of the said Mystery of Barbers, and their Successors, nor any of them, should in any Manner thereafter be summoned or put upon any Assizes, Juries, Inquests, Inquisitions, Attaints or other Recognizances, to be taken within the said City and Suburbs thereof, before the Mayor or Sheriffs, or Coroners of the same City for the Time being, or summoned by any of his Officer or Officers, Minister or Ministers, although such Juries, Inquisitions, or Recognizances, should be summoned upon a Writ or Writs of Right; but that the said Masters or Governors, and Commonalty of the aforesaid Mystery, and their Successors, and every of them, should be thereof acquitted, and wholly discharged for ever; and his said then Majesty thereby further granted unto the aforesaid Masters or Governors, and Commonalty of the said Mystery of Barbers, and to their Successors the following Liberty; to wit, That they at all Times thereafter should and might admit Persons able and sufficiently learned and instructed in the said Mystery of Surgery, and by them approved of in Form, and presented to the Mayor of the said City for the Time being, and no other Persons, or in any other Manner, into the said Mystery of Barber Surgeons, and Liberty of the said City: And whereas by an Act of Parliament made and passed in the thirty-second Year of the Reign of the late King Henry the Eighth, intituled, For Barbers and Surgeons, after taking Notice that it was very expedient and needful to provide for Men expert in the Science of Physick and Surgery for the Health of Man’s Body, when Infirmities and Sickness should happen; for the due Exercise and Maintenance whereof, good and necessary Acts had theretofore been made and provided, and that within the City of London, Men of great Experience, as well in Speculation as in Practice of the Science and Faculty of Surgery, were abiding and inhabiting, and had more commonly the daily Exercise and Experience of the same Science of Surgery than was had and used within any Parts of the Realm; and by Occasion thereof, many expert Persons were brought up under them as their Servants, Apprentices and others, who by the Exercise and diligent Information of their Masters, might exercise the said Science within divers other Parts of the Realm; to the great Relief, Comfort and Succour of much People, and to the Safeguard of their bodily Health, Limbs and Lives; and reciting, That within the said City of London there were then two several and distinct Companies of Surgeons occupying and exercising the Science and Faculty of Surgery, the one Company being commonly called The Barbers of London, and the other Company called The Surgeons of London; and that the said Company of Barbers were incorporated to sue and be sued by the Name of Masters or Governors of the Mystery or Commonalty of the Barbers of London, by Letters Patent under the Great Seal of King Edward the Fourth, dated the twenty-fourth Day of February in the first Year of his Reign, and which were confirmed by several subsequent Letters Patents in the said Act mentioned and referred to; and that the other Company, called The Surgeons, had not any Manner of Corporation; and that the said two several and distinct Companies of Surgeons were necessary to be united and made one Body Corporate, to the Intent that by their Union and often Assembly together, the good and due Order, Exercise and Knowledge in the said Science or Faculty of Surgery, should be, as well in Speculation as in Practice, both to themselves and their Servants and Apprentices, and by their Learning and diligent and ripe Informations, more perfect, speedy and effectual; it was therefore enacted, That the said two several and distinct Companies of Surgeons, that is to say, both the Barbers and the Surgeons, and every Person of them, being a Freeman of either of the said Companies, after the Custom of the said City of London, and their Successors, should from thenceforth be immediately united and made one entire and whole Body Corporate, and one Commonalty perpetual, which at all Times thereafter should be called by the Name of Masters or Governors of the Mystery or Commonalty of Barbers and Surgeons of London, and by the same Name to implead and be impleaded before all Manner of Justices in all Courts, in all Manner of Actions and Suits; and also to purchase, enjoy, and take to them and their Successors, Lands, Tenements, Rents and other Possessions whatsoever: And it was also thereby enacted, That they should have a Common Seal to serve for the Business of the said Company and Corporation; and that they should by the same Name, peaceably, quietly and indefeazibly, have, possess, and enjoy, to them and their Successors for ever, all such Lands and Tenements, and other Hereditaments whatsoever, which the said Company or Commonalty of Barbers then had and enjoyed, to the Use of the said Mystery and Commonalty of Barbers of London; and should also peaceably and quietly have and enjoy all and singular Benefits, Grants, Liberties, Privileges, Franchises and Free Customs, and also all Manner of other Things at any Time given or granted unto the said Companies of Barbers or Surgeons, by whatsoever Name or Names they or any of them were called, or which they or any of them, or any of their Predecessors, then or theretofore had by Acts of Parliament, Letters Patents or otherwise, by any lawful Means at any Time before the said Act, in as large and ample Manner and Form, as they or any of them, had, might or should enjoy the same, notwithstanding the said Union or Conjunction of the said Companies, and as if the same were and had been specially and particularly expressed and declared, with the best and most clearest Words and Terms of Law, to all Intents and Purposes: And it was thereby also enacted, That all Persons of the said Company incorporated by the said Act, and their Successors, that should be lawfully admitted and approved to occupy Surgery after the Form of the Statute in that case made and provided, should be exempt from bearing of Armour, or to be put in any Watches or Inquests; and that they and their Successors, should have the Search, Oversight, Punishment and Correction, as well of Freemen as of Foreign, for such Offences as they or any of them, should commit against the good Order of Barbery and Surgery, as theretofore among the said Company of Barbers of London had been used and accustomed, according to the Rules and Ordinances by them made and approved of, pursuant to the Statute in that Behalf ordained and provided: And it was thereby further enacted, That no Person within the City of London, Suburbs of the same, and one Mile Compass of the said City, using any Barbery or Shaving, should occupy any Surgery, letting of Blood, or any other Thing belonging to Surgery, except Drawing of Teeth only: and that whosoever should use the Mystery or Craft of Surgery within the Circuit aforesaid, should, as long as he should use the said Mystery or Craft, in no wise occupy or exercise the Feat or Craft of Barbery or Shaving: And whereas in and by certain Letters Patents under the Great Seal of England, bearing Date the fifteenth Day of August in the fifth Year of the Reign of his late Majesty King Charles the First, reciting the said Act of Parliament of the thirty-second Year of the Reign of King Henry the Eighth; and that the Men of the same Societies, as well from the Time of their said Union and Incorporation as before, respectively had, held, used and enjoyed divers Liberties, Franchises, Immunities, Customs and Preheminences, within the City of London, the Suburbs and Liberties thereof, and certain Villages, and Places thereto adjacent, as well on account of the said Act of Parliament, and other Acts of Parliament, as by virtue and on account of divers Charters and Letters Patents made and granted by the late King James the First, and other Kings and Queens of England, his said Majesty King Charles the First did thereby grant, ratify and confirm unto the said Masters and Governors of the Mystery and Commonalty aforesaid, and their Successors, all and singular the Manors, Messuages, Lands, Tenements, Customs, Liberties, Franchises, Immunities, Jurisdictions and Hereditaments whatsoever, as well within the City of London, the Liberties and Suburbs thereof, as within the Liberties and Precincts therein after mentioned, which the Men of the aforesaid Societies of Barbers and Surgeons, or either of them, then lawfully had, held, used and enjoyed, by reason of any Letters Patents of any the former Kings and Queens of England, or by Colour of any lawful Prescription, Use, or Custom, or by any other lawful Means, Rights or Title theretofore had, used or accustomed: And his said late Majesty King Charles the First did thereby give Power to the said Company and Corporation to make Bye-laws for the good Order and Government of the said Society, in such Manner, and under such Restrictions, as is therein mentioned; and to make annual Elections of Masters or Governors of the said Commonalty, whereof two to be Professors in the Art and Science of Surgery; and also to elect and constitute ten of the Freemen of that Society to be Examiners of the Surgeons of London, during their Lives: And it was thereby further granted, That no Person or Persons whatsoever, whether a Freeman of the said Society, or a Foreigner, or a Native of England, or an Alien, should use or exercise the said Art or Science of Surgery within the said Cities of London and Westminster, or either of them, or within the Distance of seven Miles of the said City of London, for his or their private Lucre or Profit, (except such Physicians as are therein mentioned) unless the said Person or Persons were first tried and examined in the Presence of two or more of the Masters or Governors of the Mystery and Commonalty aforesaid for the Time being, by four or more of the said Examiners so to be elected and constituted as aforesaid, and by the publick Letters Testimonial of the same Masters or Governors under their Common Seal approved of, and admitted to exercise the said Art Or Science of Surgery, according to the Laws and Statutes of the Kingdom of England, under the Penalty in the said Letters Patents mentioned; and that all and every of the said Freemen and Surgeons so examined, approved of, and admitted as aforesaid, might lawfully use and exercise the same Art and Science of Surgery, as well within the Cities of London and Westminster, the Liberties and Suburbs thereof, as in any other Cities, Towns, Boroughs and Places whatsoever of the Kingdom of England: And it was thereby further granted and provided, That the said Masters and Governors of the Mystery and Commonalty aforesaid, and their Successors, might appoint and have a publick Lecture for the Art and Science of Surgery in their common Hall, or other convenient Place, every Week or otherwise, at the Discretion of the said Masters or Governors and their Assistants, or the major Part of them for the Time being, to be held for the better Instruction and Information in the Principles and Rudiments of the Art and Science of Chirurgery of all and singular as well Freemen as Foreigners, whether native Subjects of England or Aliens, to be entered and admitted as is therein mentioned: And it was thereby also constituted and ordained, That no one, whether a Freeman of the Mystery or Commonalty aforesaid, or a Foreigner, whether a Native of England, or an Alien, exercising the Art of Surgery within the Cities of London and Westminster, or the Suburbs or Liberties thereof, or within seven Miles of the said City of London, should go out from the Port of London, or send out any Apprentice, Servant or other Person whomsoever, from the same Port, to execute or undertake the Place or Office of a Surgeon for any Ship, whether in the Service of the Crown, or of any Merchant or others, unless they and their Medicines, Instruments and Chests respectively, were first examined, inspected and allowed by two such Masters or Governors of the Mystery and Commonalty aforesaid for the Time being, as were skilled, knowing and Professors in the same Art of Surgery, under the Penalty therein mentioned: And whereas, since the said Act for Incorporation of the said two Companies, those of the said Company practising Surgery, have from their sole and constant Study of and Application to the said Science, rendered the Profession and Practice thereof of great Benefit to this Kingdom: And whereas the Barbers belonging to the said Corporation are now, and for many Years have been engaged and employed in a Business foreign to, and independent of the Practice of Surgery; and the Surgeons belonging to the same Corporation being now become a numerous and considerable Body, and finding their Union with the Barbers inconvenient in many Respects, and in no Degree conducive to the Progress or Improvement of the Art of Surgery; and that a Separation of the Corporation of Barbers and Surgeons, and making two Corporations of the present united Company of Barbers and Surgeons, will contribute much to the Improvement of Surgery, and thereby become a Matter of publick Utility, are therefore desirous that the Surgeons being Freemen of the said Company, may be made a Corporation separate and distinct from and Independent of the Barbers of and belonging to the said Company;’ May it therefore please your most Excellent Majesty that it may be enacted; and be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Union and Incorporation of the Barbers and Surgeons of London, made and effected by the said recital Act of the thirty-second Year of King Henry the Eighth, shall from and after the twenty-fourth Day of June one thousand seven hundred and forty-five, be, and the same is hereby dissolved, vacated and declared to be void and of no Effect, and that such of the Members of the said united Company or Corporation, who are Freemen of the said Company, and admitted and approved Surgeons within the Rules of the said Company and Corporation, and their Successors, shall from thenceforth be made, and they are hereby made and constituted a separate and distinct Body Corporate, and Commonalty perpetual, which, at all Times thereafter, shall be called by the Name of Masters, Governors and Commonalty of the Art and Science of Surgeons of London; and by the same Name, shall and may implead and be impleaded before all Manner of Justices in all Courts and in all Manner of Actions and Suits, and purchase, enjoy and take to them, and their Successors, any Lands, Tenements, Rents or Hereditaments, not exceeding the yearly Rent or Value of two hundred Pounds in the whole, without incurring any of the Penalties or Forfeitures of the Statutes of Mortmain.
II. And it is hereby further enacted by the Authority aforesaid, That it shall and may be lawful to and for the said Company or Corporation herein before established and incorporated, from time to time, in the Manner herein after mentioned, to elect, choose, and appoint one principal Master or Governor, two other Governors or Wardens, ten Examiners of Surgeons, and twenty-one Persons to be the Court of Assistants of the said Company or Corporation, to be respectively qualified and admitted in such Manner, and to continue in the said Offices respectively, for such Time and Times respectively, as by the By-laws, Rules, Ordinances, and Constitutions of the said Company or Corporation, shall be, from time to time, ordered, directed, provided and appointed.
III. And it is hereby further enacted, That it shall and may be lawful to and for the Master and Governors of the said Company or Corporation for the Time being, or any two of them, with nine or more of the Members of the said Court of Assistants of the same Company for the Time being, when and as often as to two of the said Master and Governors shall seem meet, to hold Courts and Assemblies, in order to treat and consult about and concerning the Rule, Order, State, and Government of the said Company or Corporation herein before established and incorporated as aforesaid; and also that it shall and may be lawful to and for the said Master and Governors and Court of Assistants so assembled, or the major Part of them, to make, ordain, constitute, establish, ratify, confirm, annul, revoke, or abrogate, from time to time, such By-laws, Ordinances, Rules, and Constitutions, as to them shall seem requisite, profitable, and convenient for the Regulation, Government, and Advantage of the said Company or Corporation; so as such By-laws, Ordinances, Rules, and Constitutions be examined, approved of, and allowed, as by the Laws and Statutes of this Realm is provided and required.
IV. Provided always, and it is hereby enacted and declared, That the several By-laws, Ordinances, Rules, and Constitutions, made and established for the Regulation and Government of the said United Company or Corporation, so far as the same relate to, or concern the Art and Science of Surgery only, and which, on the twenty-third day of June one thousand seven hundred and forty-five, shall be subsisting, and in Force, and shall not be repealed, annulled, or abrogated by virtue of this present Act, shall continue and be in Force; and shall be exercised, observed, and executed by the said Company of Surgeons established and incorporated by this Act, until such Time and Times respectively as the same By-laws, Ordinances, Rules, and Constitutions shall respectively be repealed, annulled, and made void, by virtue and under the Authority of this present Act.
V. Provided also, and it is hereby further enacted and declared, That John Ranby Esquire, Principal Serjeant Surgeon to his Majesty, shall be, and he is hereby constituted and appointed Principal Master or Governor; and that Master Joseph Sandford and William Cheselden Esquire, two of the present Wardens of the said United Company shall be, and they are hereby constituted and appointed, the two other Governors or Wardens of the Company of Surgeons made, established, and incorporated by this Act; and that they shall continue in, and hold, enjoy and exercise the said Offices respectively from the said twenty-fourth Day of June, until others shall be elected and appointed to the said Offices respectively, as herein after is mentioned: And also that Ambrose Dickins Esquire, Principal Serjeant Surgeon to his Majesty, William Petty Esquire, John Shipton Esquire, the said William Cheselden, John Freke, William Pyle, Legard Sparham, James Hickes, and Peter Sainthill, who are the present Examiners of Surgeons, together with the said John Ranby, shall be, and they are hereby constituted and appointed Examiners of Surgeons for the said Company of Surgeons made, established, and incorporated by this Act; and that they shall respectively continue in, and hold, enjoy, and exercise the said Office of Examiners for and during their natural Lives respectively, or until they shall be respectively removed out of the said Office, pursuant, and according to the By-laws, Rules, and Constitutions of the said Company of Surgeons, established and incorporated by this Act; And also that the said John Ranby, Joseph Sandford, William Cheselden, Ambrose Dickins, William Petty, and John Shipton, John Hayward, the said John Freke, William Pyle, Legard Sparham, James Hickes, and Peter Sainthill, Noah Roul, John Westbrook, William Singleton, and James Phillips, and such five other Persons as shall hereafter be elected and appointed for that Purpose, in pursuance of this Act, and as is herein after mentioned, shall be, and they are hereby constituted and appointed the Court of Assistants of the Company of Surgeons made, established and incorporated by this Act; and that they shall continue in, and hold, enjoy, and exercise the said Office during their natural Lives respectively, or until they shall respectively be removed out of the said Office, pursuant and according to the By-laws, Rules, and Constitutions of the same Company.
VI. And it is hereby further enacted, That it shall and may be lawful to and for the said John Ranby, Joseph Sandford, William Cheselden, Ambrose Dickins, William Petty, John Shipton, John Hayward, John Freke, William Pyle, Legard Sparham, James Hickes, Peter Sainthill, Noah Roul, John Westbrook, William Singleton, and James Phillips, to meet at or in such Place as the said John Ranby, Joseph Sandford, and William Cheselden, or any two of them, shall appoint, on the first Day of July one thousand seven hundred and forty-five, between the Hours of ten and two of the Clock of the same Day; and then and there to elect, choose, and appoint, out of the Freemen of the said Company or Corporation of Surgeons established and incorporated by this Act, by the Majority of Votes of such of the said sixteen Persons herein before appointed to be of the Court of Assistants, who shall be present at such Meeting, so many other Persons to be of the Court of Assistants of the same Company or Corporation, as will make the Number twenty-one, to continue in the said Office for and during their natural Lives respectively, or until they shall be respectively removed out of the said Office.
VII. And it is further enacted, That the Master, Governors, and Court of Assistants for the Time being, of the said Company of Surgeons made; established, and incorporated by this Act, shall, upon the first Thursday in the Month of July in the Year one thousand seven hundred and forty-six; and on the first Thursday in the Month of July in every succeeding Year, meet at such Place as the Master and Governors of the same Company for the Time being, or any two of them shall appoint; and then and there elect, choose, and appoint, out of their Body, by the Majority of Votes of such of the said Master, Governors, and Court of Assistants, who shall be then present, one Person to be Principal Master or Governor, and two other Persons to be Governors or Wardens of the said Company or Corporation of Surgeons, established and incorporated by this Act, for the then succeeding Year; and then and there also, in like manner, elect, choose, and appoint, out of their own Body, such other Person or Persons, to be Examiner or Examiners of Surgeons, for the same Company, in the Place or Stead of such Examiner or Examiners, as shall have happened to die, or have been removed from the said Office of Examiner, in the then next preceding Year; and also in like manner, elect, choose, and appoint, out of the Freemen of the said Company or Corporation of Surgeons established and incorporated by this Act, such Person or Persons to be of the Court of Assistants of the same Company or Corporation, in the Place and Stead of such Person or Persons who shall have happened to die in, or have been removed from, the said Office of Court of Assistants, in the then next preceding Year.
VIII. And it is hereby further enacted, That the said Company of Surgeons made, established, and incorporated by this Act, and their Successors, and all Persons who shall be Freemen of the same Company or Corporation, shall and may, from time to time, and at all Times for ever hereafter, have, hold, and enjoy all and every such and the same Liberties, Privileges, Franchises, Powers, and Authorities, as the Members of the said United Company or Corporation, being Freemen of the said Company, and admitted and approved Surgeons, within the Rules of the said Company and Corporation, could or might respectively have had, held, and enjoyed, by virtue of the said recited Act of Union or Incorporation, and the said Letters Patent of his said late Majesty King Charles the First respectively, and other the Royal Grants, Charters, and Patents, therein mentioned and referred to, so far as the same relate to the Art or Science of Surgery only, and not otherwise; and that in as full, ample, and beneficial Manner, to all Intents and Purposes, as if the same had in and by this present Act been expressly repeated and re-enacted; and that they, and all such who already have been, or hereafter shall be, examined and approved, pursuant to the Rules of the said Company, shall be entitled to practice freely, and without Restraint, the Art and Science of Surgery, throughout all and every his Majesty’s Dominions; any Law or Custom to the contrary notwithstanding.
IX. And it is hereby further enacted, That from and after the said first Day of July one thousand seven hundred and forty-five, the Examiners of the Company of Surgeons established by this Act shall, and they are hereby required, from time to time, upon Request to them made, to examine every Person who shall be a Candidate to be appointed to serve as a Surgeon, a Surgeon’s Mate, of any Regiment, Troop, Company, Hospital, or Garrison of Soldiers in the Service of his Majesty, his Heirs, or Successors, in like Manner as they do or shall examine any Surgeon or Surgeons to be appointed to serve on Board any Ship or Vessel in the Service of his Majesty, his Heirs or Successors.
X. And it is hereby further enacted by the Authority aforesaid, That all and every Person and Persons, being Freemen of the said Company and Corporation of Surgeons established and incorporated by this Act, and who already have been, or hereafter shall be, examined and approved pursuant to the Rules and Orders of the said Company, and every of them, for so long Time as he and they shall use and exercise the said Art or Science of Surgery, and no longer, shall and may, at all Times hereafter, be freed and exempted from the several Offices of Constable, Scavenger, Overseer of the Poor, and all other Parish, Ward, and Leet Offices, and of and from the being put into or serving upon any Jury or Inquest: And if at any Time hereafter any such Person or Persons, using and Practising the said Art or Science of Surgery, and being qualified as aforesaid, shall be chosen and elected into any of the said Offices, or returned, required, or appointed to serve on any Jury, Leet, or Inquest, or be disquieted or disturbed by reason thereof; that then such Person or Persons, producing a Testimonial, under the Common Seal of the said Corporation, of such his Examination, Approbation, and Freedom, to the Person or Persons by whom he shall be so elected or appointed, or by or before whom he shall be summoned, returned, or required to serve or hold any of the said Offices or Duties, shall be absolutely discharged from the same; and such Nomination, Election, Return, and Appointment, shall be utterly void, and of no Effect; any Order, Custom, Law, or Statute to the contrary in any wise notwithstanding.
XI. Provided always, and be it hereby enacted by the Authority aforesaid, That this Act, or any Thing therein contained, shall not extend, or be construed or taken to prejudice, abridge, or infringe any of the Privileges, Authorities, Powers, Rights, Liberties, or Franchises heretofore granted by any Act or Acts of Parliament, or by any Letters Patents, Charters or Charter of any of his Majesty’s Royal Predecessors, Kings or Queens of England, to the President and College, or Commonalty of the Faculty of Physick in London.
XII. And it is hereby further enacted by the Authority aforesaid, That such of the Members of the said United Company or Corporation, who are Freemen of the said Company, and are not admitted or approved Surgeons, and their Successors, shall, from and after the said twenty-fourth Day of June one thousand seven hundred and forty-five, be, and they are hereby made and constituted, a Body Corporate, and Commonalty Perpetual, which, at all Times hereafter shall be called by the Name of The Master, Governors, and Commonalty of the Mystery of Barbers of London; and by the same Name shall plead and be impleaded before all manner of Justices, in all Courts, and in all manner of Actions and Suits; and also purchase, enjoy, and take to them, and their Successors, any Lands, Tenements, Rents, or Hereditaments, not exceeding the yearly Rent or Value of two hundred Pounds in the whole, without incurring any of the Penalties or Forfeitures of the Statute of Mortmain.
XIII. And it is hereby further enacted by the Authority aforesaid, That Master Jonathan Medley, the present first Master or Governor of the said United Company or Corporation, and Master Humphrey Negus, the present third Master or Governor of the said United Company, and such two other Persons as shall hereafter be elected and appointed for that purpose in pursuance of this Act, and as is herein after mentioned, shall be and they are hereby respectively established and confirmed the Master and Governors of the Company or Corporation of Barbers of London, established and incorporated by this Act; and shall continue in, and hold, exercise and enjoy the said Offices respectively, until others shall be chosen, elected and appointed in and to the same Offices respectively, pursuant and according to the By-laws, Rules, Orders and Constitutions of the same Company; and also that the said Jonathan Medley, Humphrey Negus, and William Parker, Luke Maurice, John Barnwell, John Truelove, William Haddon, John Negus, Edward Boxley, Samuel Rutter, Robert Scrooby, Richard Swithin, Edward Colebeck, Togarmah Jones, and John Guerney, being fifteen of the present Court of Assistants of the said United Company, and such nine other Persons as shall hereafter be elected and appointed for that Purpose in pursuance of this Act, and as is herein after mentioned, shall be and they are hereby constituted and appointed the Court of Assistants of the Company of Barbers, made, established, and incorporated by this Act; and shall continue in, and hold, enjoy and exercise the said Office during their natural Lives respectively, or until they shall be respectively removed out of the said Office, pursuant and according to the said By-laws, Rules, Ordinances and Constitutions of the said Company of Barbers of London.
XIV. And it is hereby further enacted, That it shall and may be lawful to and for the said Jonathan Medley, Humphrey Negus, William Parker, Luke Maurice, John Barnwell, John Truelove, William Haddon, John Negus, Edward Boxley, Samuel Rutter, Robert Scrooby, Richard Swithin, Edward Colebeck, Togarmah Jones, and John Guerney, or the major Part of them, to meet at or in the Hall now belonging to the said United Company, situate in Monkwell-street in the City of London, on the twenty-fifth Day of June one thousand seven hundred and forty-five, between the Hours of Nine in the Morning and One in the Afternoon of the same Day, and then and there to elect, choose and appoint out of the Freedom of the said Company or Corporation of the Barbers of London, established and incorporated by this Act, by the Majority of the Votes of such of the said fifteen Persons last mentioned, who shall be present at such Meeting, so many other Persons to be of the said Court of Assistants of the said Company or Corporation of the Barbers of London, as will make the Number twenty-four, to continue in the said Office respectively for and during their natural Lives, or until they shall be respectively removed out of the said Office; and also that immediately after such Court of Assistants shall be made up the said Number of twenty-four Persons, the said Court of Assistants shall then and there, by the Majority of Votes of such of the said Court of Assistants as shall be then present, elect, choose and appoint from among themselves, two Persons, to be the third and fourth Governors of the said Company or Corporation of the Barbers of London, to continue in, hold, exercise and enjoy the said Offices respectively as aforesaid.
XV. And it is hereby further enacted, That it shall and may be lawful for the Master and Governors for the Time being of the said Company or Corporation of Barbers, or any two or more of them, with eleven or more of the Members of the said Court of Assistants for the Time being, when and as often as to two or more of the said Master and Governors shall seem meet, to hold Courts or Assemblies at or in the Hall of the said Company for the Time being, in order to treat and consult about the Rule, State, Order and Government of the said Company or Corporation of Barbers; and also that it shall and may be lawful to and for the said Master and Governors, and Court of Assistants so assembled, or the major Part of them, to make, constitute, ordain, establish, ratify and confirm all or any such By-laws, Ordinances, Rules and Constitutions, as to them shall seem requisite, proper or convenient for the Regulation, Government, Profit or Advantage of the said Company or Corporation of the Barbers of London, and the Members thereof, and the same, from time to time, to alter or repeal; so as the By-laws, Ordinances, Rules and Constitutions so to be made and established, shall be examined, approved and allowed, as by the Laws and Statutes of this Realm is provided and required.
XVI. Provided always, and it is hereby enacted and declared, That the several By-laws, Ordinances, Rules and Constitutions, made and established for the Regulation and Government of the said United Company or Corporation, so far as the same do not relate to or concern the Art or Science of Surgery, and which on the said twenty-third Day of June shall be subsisting and in Force, and shall not be repealed, annulled or abrogated by virtue of this present Act, shall continue and be in Force, and shall be exercised, observed and executed by the said Company of Barbers established and incorporated by this Act, until such Time and Times respectively as the same By-laws, Ordinances, Rules and Constitutions shall respectively be repealed, annulled and made void, by Virtue and under the Authority of this present Act.
XVII. And it is hereby further enacted by the Authority aforesaid, That the Master and Governors of the said Company or Corporation of Barbers of London shall be yearly elected and chosen on the second Thursday in August, by the Court of Assistants, or the major Part of them, or in such Manner as by the By-laws, Rules, Orders and Constitutions of the same Company or Corporation shall be ordained or provided; and that when and as often as any Member of the said Court of Assistants of the said Company of Barbers shall happen to die or be removed, it shall and may be lawful to and for the surviving Members of the said Court of Assistants, or the major Part of them, to nominate and elect one other Person, being a Freeman of the same Company, to be a Member of the said Court of Assistants, in the Room of the Person so deceased or removed; and the Person so nominated or elected shall continue in, hold and exercise the said Office for and during his natural Life, or until he shall be removed out of the same.
XVIII. And it is hereby further enacted by the Authority aforesaid, That the Master, Governors and Commonalty of the Mystery of Barbers of London, hereby made, established and incorporated as aforesaid, and their Successors, and all Persons who shall be free of the same Company or Corporation, shall and may from time to time, and at all Times for ever hereafter, have, hold and enjoy all and every such and the same Liberties, Privileges, Franchises, Powers and Authorities, as the said United Company or Corporation, with respect to every Thing but Surgery, and the Members of the said United Company, occupying the Feat or Craft of Barbery or Shaving, could or might respectively have had, held and enjoyed by virtue of the said recited Act of Union or Incorporation, and Letters Patents of his late Majesty King Charles the First, and other the Royal Grants, Charters and Patents therein respectively mentioned and referred to, so far as the same do not concern or relate to the Art and Science of Surgery; and that in as full, ample and beneficial Manner, to all Intents and Purposes, as if the same had been expressly repeated, set down, and enacted in and by this present Act.
XIX. And it is hereby further enacted by the Authority aforesaid, That the Sum of five hundred and ten Pounds now vested in the said United Company, and which was given and paid to the said United Company by Edward Arris, for the Use of the publick Anatomy Lectures on the Muscles, and also the Annuity or yearly Rent-charge of sixteen Pounds given to the said United Company by the Will of John Gale Gentleman, for one Anatomy Lecture, by the name of Gale’s Anatomy, and charged upon certain Messuages and Tenements at Snow Hill, in the Parish of Saint Sepulchre, without Newgate, London, shall from and after the said twenty-fourth Day of June one thousand seven hundred and forty-five, be vested in, and be deemed the sole Property, Estate and Effects of the said Company and Corporation of Surgeons established and incorporated by this Act; and that the said Sum of five hundred and ten Pounds be accordingly paid by the said Company or Corporation of Barbers of London, out of the Estate and Effects of and now belonging to the said United Company or Corporation, within three Months next after the said twenty-fourth Day of June; and that the said Sum of five hundred and ten Pounds, and the said Annuity or yearly Rent-charge of sixteen Pounds per Annum, shall be held and enjoyed by the Purposes intended by the Donors thereof respectively; and that from and after the Payment of the said five hundred and ten Pounds by the said Company of Barbers to the said Company of Surgeons, they the said Master, Governors and Commonalty of the Mystery of Barbers of London, and their Successors, shall for ever be discharged of and from the said Sum or Gift of five hundred and ten Pounds, and every Part thereof, and of and from the said Annuity or Gift of sixteen Pounds per Annum, and every Part thereof, and of and from all Duties and Trusts in respect of the said Gifts, or either of them; and shall, from time to time, be saved harmless and kept indemnified by the said Company of Surgeons, of, from and against the same, and all Actions, Suits, Charges and Expenses which they the said Master, Governors and Commonalty of the Mystery of Barbers of London, or their Successors, shall or may, from time to time, be put unto or sustain on account thereof; and all the Rest and Residue of the Real and Personal Estate and Effects of and belonging to the said United Company or Corporation, and the Arms or Ensigns Armorial of the same Company or Corporation, shall from and after the said twenty-fourth Day of June one thousand seven hundred and forty-five, be vested in, and the same are hereby from thenceforth vested in the said Company or Corporation of Barbers of London, and their Successors, to and for their own sole and separate Use and Benefit for ever.
XX. And it is hereby further enacted by the Authority aforesaid, That such of the Books, Papers and Writings which now belong to the said United Company of Barbers and Surgeons, and relate to or concern the Surgeons or Surgery only, shall immediately after the said first Day of July one thousand seven hundred and forty-five, be delivered by the said Company of Barbers, established and incorporated by this Act, to the Master and Governors, and Court of Assistants, of the said Company of Surgeons established and incorporated by this Act, or such other Person or Persons as they, or the major Part of them shall, by Writing under their Hands appoint to receive the same, for the use and Benefit of the said Company of Surgeons: And that the Master, Governors, and Courts of Assistants of the same Company of Surgeons, or any of them, or such other Person or Persons as they, or the major Part of them shall, by Writing under their Hands appoint, shall and may, from time to time, and at all seasonable Times, upon reasonable Notice, from and after the first Day of July one thousand seven hundred and forty-five have free Access to, and Liberty to inspect and peruse, in the Hands of such Person or Persons as the said Company of Barbers shall appoint to have the Care and Custody thereof, all the rest of the Books, Papers and Writings, and also all the Charters and Deeds which now belong to the said United Company of Barbers and Surgeons; and from time to time to take such Copies or Extracts of or from the same, or any of them, as the said Master, Governors, and Court of Assistants of the said Company of Surgeons, or the major Part of them, or such other Person or Persons so to be appointed as aforesaid, shall from time to time desire or require; and also that the said Company of Barbers shall, from time to time, and at all Times, upon reasonable Notice, from and after the said first Day of July, produce the said last mentioned Books, Papers, Writings, Charters and Deeds, or any of them, at the Expense of the said Company of Surgeons, upon any Trial at Law, or Hearing in Equity, or Examination of Witnesses, or otherwise, where the said Company of Surgeons shall have Occasion to make use thereof, or of any of them, and permit the said Company of Surgeons to make use of the same accordingly.
XXI. Provided always, and it is hereby further enacted by the Authority aforesaid, That every Person who hath been bound Apprentice to any Member of the said United Company, and by the Laws or Custom of the City of London, or otherwise, is or would be intitled to his Freedom of the said United Company, and to the Freedom of the said City, in case this present Act had never been made, shall be intitled and admitted to his Freedom in the said Company or Corporation of Surgeons, if his Master is or was an examined Surgeon, or else to his Freedom in the said Company of Barbers; and in either Case shall be intitled and admitted to his Freedom in the said City of London; any Law, Usage or Custom to the contrary thereof in any wise notwithstanding.
XXII. And be it further enacted by the Authority aforesaid, That this Act shall be deemed, adjudged and taken to be a Publick Act; and be judicially taken Notice of as such by all Judges, Justices, and other Persons whatsoever, without specially pleading the same.
55. Geo. 3. c. 194.
An Act, for better regulating the Practice of Apothecaries throughout England and Wales.
Whereas His Majesty King James the First, by Letters Patent, under the Great Seal of Great Britain, bearing date the Sixth Day of December, in the Fifteenth Year of His Reign, did for himself, his Heirs and Successors, grant unto William Beese, and divers other Persons therein named, and to all and singular other Persons whomsoever, brought up and skilful ¡n the Art, Mystery, or Faculty of Apothecaries, and exercising the same Art, Mystery, or Faculty then, being Freemen of the Mystery of Grocers of the City of London, or being Freemen of any other Art, Mystery, or Faculty in the said City of London (so as they had been brought up and were expert in the Art or Mystery of Apothecaries), that they, and all such Men of the said Art or Mystery of Apothecaries of and in the said City of London and Suburbs of the same, and within Seven Miles of the said City, might and should be one Body Corporate and Politic, in Substance, Deed, and Name, by the Name of the Master, Wardens, and Society of the Art and Mystery of Apothecaries of the City of London; and did ordain and declare, that by the same name they might have perpetual Succession, and have, purchase, possess, enjoy, and retain Manors, Messuages, Lands, Tenements, Liberties, Privileges, Franchises, Jurisdictions, and Hereditaments to them and their Successors, in fee simple and perpetuity, or for term of year or years, or otherwise, howsoever. And also Goods and Chattels, and all other things soever, of what name, nature, kind, quality, or sort soever they should be. And also, that they might grant, demise, alien, assign, and dispose of Manors, Lands, Tenements, and Hereditaments, and do and execute all and singular other Acts and things by the said name. And that by the said name of Master, Wardens, and Society of the Art and Mystery of Apothecaries of the City of London, they should and might be able to plead and be impleaded, and might have for ever a common Seal; and the same Seal at their pleasure from time to time might break, change, alter, and new make, as to them should seem best. And his said Majesty did, by his said Letters Patent, ordain and grant unto the said Master, Wardens, and Society of the Art and Mystery of Apothecaries aforesaid, certain Ordinances, Rules and Regulations, to be observed, kept, and maintained by them, as in the said Charter are more fully expressed.
And whereas some of the Clauses and Provisions contained in the said recited Charter, so far as the same regard the said Society of Apothecaries, have been found inadequate for the purposes thereby intended, and it is therefore expedient that the same should be altered, varied, and enlarged, and further and other Provisions made;
May it therefore please Your MAJESTY,
That it may be enacted; And be it Enacted by the KING’S Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, that the said recited Charter of the Fifteenth Year of the Reign of His Majesty King James the First, and all and every the Powers, Provisions, Penalties, Forfeitures, Regulations, Clauses, matters and things therein contained (save and except such part or parts thereof as are hereby altered, varied, or repealed), shall be, and the same is and are hereby declared to be in full force and virtue, and shall be as good, valid, and effectual, to all intents and purposes whatsoever, as if this Act had not been made.
And be it further Enacted, That so much of the said recited Charter as directs, That the said Master and Wardens, and their Successors, or some or one of them, or some Assistants by the Master and Wardens to be appointed and assigned, at fit and convenient times, and in manner and form convenient and lawful, from time to time, as often as to the said Master and Wardens shall seem expedient, shall and may go and enter into any Shop or Shops, House or Houses, Cellar or Cellars, of any Persons whomsoever, using or exercising the Art or Mystery of Apothecaries, or any Part thereof, within the City of London, the Liberties or Suburbs thereof, or within Seven Miles of the same City, as well within the Liberty as without, where any Medicines, simple or compound, Wares, Drugs, Receipts, Distilled Waters, Chemical Oils, Syrups, Conserves, Lohocks, Electuaries, Pills, Powders, Lozenges, Oils, Ointments, Plaisters, or any other things whatsoever, which belong or appertain to the Art or Mystery of Apothecaries as is aforesaid, are likely to be found; and to search, survey, and prove if the same Medicines, simple or compound, Wares, Drugs, Receipts, Distilled Waters, Chemical Oils, Syrups, Conserves, Lohocks, Electuaries, Pills, Powders, Lozenges, Oils, Ointments, Plaisters, or any thing or things whatsoever belonging to the Art or Mystery of Apothecaries aforesaid, be and shall be wholesome, medicinable, meet and fit for the cure, health, and ease of His Majesty’s Subjects;
And also so much of the said recited Charter as directs, That the aforesaid Master and Wardens of the Mystery aforesaid, and the said Assistants for the time being, thereunto nominated and appointed by the Master and Wardens, and their Successors from time to time, may have, and by virtue of these Presents, shall have full power and authority to examine and try all and singular Persons professing, using, or exercising, or which hereafter shall profess, use, or exercise the Art or Mystery of Apothecaries, or any part thereof, within the aforesaid City of London, the Liberties or Suburbs thereof, or within Seven Miles of the same City, as well within Liberties as without, touching or concerning their and every of their knowledge, skill, and science, in the aforesaid Art or Mystery of Apothecaries, and to remove and prohibit all those from the exercise, use, or practice of the said Art or Mystery, whom hereafter they shall find either unskilful, ignorant, or insufficient, or obstinate, or refusing to be examined by virtue of these Presents, in the Art or Mystery aforesaid. And also all and singular Medicines, Wares, Drugs, Receipts, Distilled Waters, Oils, Chemical Preparations, Syrups, Conserves, Lohocks, Electuaries, Pills, Powders, Lozenges, Oils, Ointments, and Plaisters, and all other things belonging to the aforesaid Art, which they shall find unlawful, deceitful, stale, out of use, unwholesome, corrupt, unmedicinable, pernicious, or hurtful, to burn before the Offender’s Doors. And also to lay, impose, and exact Mulcts, and other Pains and Penalties, by Fines and Amerciaments, upon such Offenders, according to their sound discretions, and the Ordinances by them and their Successors so as aforesaid to be made and appointed, shall be, and the same is hereby repealed.
And be it further Enacted, That in lieu and stead thereof, the said Master, Wardens, and Society of Apothecaries for the time being, and their Successors, or any of the Assistants, or any other person or persons properly qualified, as hereinafter is mentioned, to be by the Master and Wardens nominated and assigned, not being fewer in number than Two Persons at the least, shall and may from time to time, and at all seasonable and convenient times, in the day time, as often as to the said Master and Wardens it shall seem expedient, go and enter into any Shop or Shops, of any person or persons whatever, using or exercising the Art or Mystery of an Apothecary in any part of England or Wales; and shall and may search, survey, prove, and determine, if the Medicines, simple or compound, Wares, Drugs, or any thing or things whatsoever therein contained, and belonging to the Art or Mystery of Apothecaries aforesaid, be wholesome, meet, and fit for the cure, health, and ease of His Majesty’s Subjects; and all and every such Medicines, Wares, Drugs, and all other things belonging to the aforesaid Art, which they shall find false, unlawful, deceitful, stale, unwholesome, corrupt, pernicious or hurtful, shall and may burn, or otherwise destroy; and also shall and may report to the Master, Wardens, and Assistants of the said Society, the Name or Names of such person or persons as shall be found to have the same in their possession; and the said Master, Wardens, and Assistants, shall and may impose and levy the following Fines and Penalties upon each and every person whose Name shall be so reported to them, as hereinafter mentioned: For the first offence the Sum of Five Pounds; for the second offence the Sum of Ten Pounds; and for the third, and every other offence, the Sum of Twenty Pounds.
Provided always, and be it Enacted, That no person to be by the Master, Wardens, and Assistants for the time being, chosen and appointed a Member of the Court of Examiners, or to be by the Master and Wardens nominated and assigned to go and enter into any Shop or Shops, for the purposes aforesaid, within the City of London, the Liberties or Suburbs thereof, or within Thirty Miles of the same, shall be deemed to be properly qualified, unless he shall be a Member of the Society of Apothecaries aforesaid, of not less than Ten Years standing; nor shall any person be deemed to be properly qualified to be nominated and assigned to go and enter into any Shop or Shops in any other part of England and Wales for the purposes aforesaid, or to be appointed one of the Five Apothecaries hereinafter mentioned, and directed to be appointed for the purpose of examining Assistants to Apothecaries in compounding and dispensing Medicines, as hereinafter is mentioned, except he shall have been an Apothecary in actual practice for not less than Ten Years at least, previously to his being so nominated, or assigned, or appointed.
And whereas it is the duty of every Person using or exercising the Art and Mystery of an Apothecary, to prepare with exactness, and to dispense such Medicines as may be directed for the sick by any Physician lawfully licensed to practise Physic by the President and Commonalty of the Faculty of Physic in London, or by either of the two Universities of Oxford or Cambridge; therefore, for the further protection, security, and benefit of His Majesty’s Subjects, and for the better regulation of the practice of Physic throughout England and Wales, Be it Enacted, That if any Person using or exercising the Art and Mystery of an Apothecary, shall at any time knowingly, wilfully, and contumaciously refuse to make, mix, compound, prepare, give, apply, or administer, or any way to sell, set on sale, put forth, or put to sale to any Person or Persons whatever, any Medicines, compound Medicines, or medicinable Compositions, or shall deliberately or negligently, falsely, unfaithfully, fraudulently, or unduly make, mix, compound, prepare, give, apply or administer, or any way sell, set on sale, put forth, or put to sale to any Person or Persons whatever, any Medicines, Compound Medicines, or Medicinable Compositions, as directed by any Prescription, Order or Receipt, signed with the initials in his own hand-writing, of any Physician so lawfully licensed to practise Physic, such person or persons so offending, shall, upon complaint made within Twenty-one Days by such Physician, and upon conviction of such offence before any of His Majesty’s Justices of the Peace, unless such Offender can shew some satisfactory reason, excuse, or justification in this behalf, forfeit, for the first offence the Sum of Five Pounds; for the second offence the Sum of Ten Pounds; and for the third offence he shall forfeit his Certificate, and be rendered incapable in future of using or exercising the Art and Mystery of an Apothecary, and be liable to the Penalty inflicted by this Act upon all who practise as such without a Certificate, in the same manner as if such party so convicted had never been furnished with a Certificate enabling him to practise as an Apothecary; and such Offender so deprived of his Certificate, shall be rendered and deemed incapable in future of receiving and holding any fresh Certificate, unless the said party so applying for a renewal of his Certificate, shall faithfully promise and undertake, and give good and sufficient Security, that he will not in future be guilty of the like offence.
And be it further Enacted, That each and every of them the said Master and Wardens for the time being, may, and they are hereby respectively empowered, by writing under his or their hands, to appoint any one or more of the said Court of Assistants to act as Deputy Master, or as Deputy Wardens, as the case may be, in all matters and things done, or authorized to be done, by the said Master, or the said Wardens, under and by virtue of the said recited Charter, or of this Act, and to remove such Deputy Master, or Deputy Wardens so to be appointed from time to time, as the said Master, or the said Wardens, shall respectively think proper; and all acts, matters, and things which shall be lawfully done by the said Deputy Master or Deputy Wardens so to be appointed as aforesaid, as the case may be, shall be as good, valid, and effectual, as if the same were done and performed by the said Master and Wardens respectively.
And whereas much mischief and inconvenience has arisen, from great numbers of persons in many parts of England and Wales exercising the functions of an Apothecary, who are wholly ignorant, and utterly incompetent to the exercise of such functions, whereby the Health and Lives of the Community are greatly endangered; and it is become necessary that provision should be made for remedying such evils; Be it therefore further Enacted, That the said Master, Wardens, and Society of the Art and Mystery of Apothecaries of the City of London, incorporated by the said recited Charter of His Majesty King James the First, and their Successors, shall be, and they are hereby appointed and constituted, directed and empowered, for ever to superintend the execution of the provisions of this Act, and to enforce and carry the several regulations and provisions thereof, in relation to the several persons practising the Art or Mystery or Profession of an Apothecary throughout England and Wales, and all other the purposes of this Act, into full execution.
And be it further Enacted, That no Act of the said Master, Wardens, and Society of Apothecaries, incorporated as aforesaid, for the carrying any of the powers and provisions of this Act into execution, shall be, or be deemed to be good or valid (save and except as to such Acts as shall be done by the said Master, Wardens, and Assistants, or others appointed by them, or any of them, as hereinbefore is provided, in pursuance of the Powers and Authorities hereinbefore given to them to enter into Shops to search for, examine and destroy unwholesome Drugs or Medicines, and also save and except as to such acts as shall be done by the said Court of Examiners, or the major part of them present, or by the Five Apothecaries hereinafter mentioned, or the major part of them present, in pursuance of the authorities hereinafter given to them), unless the same be done at some Assembly or Meeting to be holden by the said Master, Wardens, and Society, in the Hall of the said Society. And that all the Powers and Authorities by this Act granted to, or vested in, the said Master, Wardens, and Society as aforesaid, shall and may from time to time be exercised by the Master, Wardens, and Assistants of the Art and Mystery of Apothecaries aforesaid for the time being, or by the major part of them present, who shall attend at any such Assembly or meeting to be holden as aforesaid (the number present at such Assemblies or Meetings not being less than Thirteen, of which the said Master for the time being shall always be one), and all the Orders and Proceedings of the said Master, Wardens, and Assistants for the time being, or of such major part as aforesaid, shall have the same force and effect, as if the same were made or done by the said Master, Wardens and Society of Apothecaries incorporated as aforesaid.
And be it further Enacted, That for the purposes of this Act, so far as the same regards the Examination of Apothecaries, and Assistants to Apothecaries, Twelve Persons properly qualified, as hereinbefore is mentioned, shall be chosen and appointed by the said Master, Wardens, and Assistants for the time being, (who are hereby authorized and empowered to choose and appoint such Persons, and to remove or displace them from time to time, as they the said Master, Wardens, and Assistants for the time being, shall deem adviseable), and such Persons, when so chosen and appointed, or any Seven of them, shall be, and be called the Court of Examiners of the Society of Apothecaries; and such Court of Examiners, or the major part of them present at any meeting, shall have full power and authority, and are hereby authorized and empowered to examine all Apothecaries, and Assistants to Apothecaries, throughout England and Wales, and to grant or refuse such Certificate, as hereinafter is mentioned. And such Court of Examiners, or the major part of them, shall, and they are hereby required to meet and assemble in some convenient Room in the Hall of the said Society, once at least in every week, for the purpose of such Examination, and then and there to examine all Persons applying to be examined, and duly qualified so to be by virtue of this Act.
And be it further Enacted, That at any such Meetings of the said Examiners, a Chairman shall and may be appointed; and when and so often as it shall so happen that there shall be an equal number of Votes upon any one question (including the Vote of the said Chairman), then and in such case, it shall and may be lawful to and for the said Chairman to give the casting or decisive Vote.
And be it further Enacted, That no person shall be capable of acting as an Examiner, under and by virtue of this Act, until he shall have taken and subscribed the following Oath:
“I, A. B. do solemnly promise and swear (or, being one of the people called Quakers, do solemnly affirm) that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the trust reposed in me by the Master, Wardens, and Society of the Art and Mystery of Apothecaries of the City of London, as an Examiner, in the Examination of every person who shall come before me to be examined, as to his fitness or qualification to act as an Apothecary, or Assistant to an Apothecary, as the case may be, and that without favour, affection, prejudice, or malice.
“So help me God.”
which Oath, or Affirmation, the said Master, Wardens, or Court of Assistants, or the major part of them, are hereby authorized and required to administer.
And be it further Enacted, That all Persons so to be chosen and appointed Examiners as aforesaid, shall continue in Office for the space of One Year from the time of their Appointment, (except in case of Death, or being removed or displaced by the said Master, Wardens, and Assistants as aforesaid). Provided always, That it shall and may be lawful to and for the said Master, Wardens, and Assistants, to choose and appoint any such Person or Persons going out of Office, again to be an Examiner or Examiners, as aforesaid, if they the said Master, Wardens, and Assistants, shall deem it adviseable so to do.
And be it further Enacted, That in case any Person or Persons so to be chosen, and appointed, shall happen to die during the time he or they shall continue to be an Examiner or Examiners, or be removed or displaced as aforesaid, then it shall and may be lawful for the said Master, Wardens, and Assistants, to choose and appoint any other Person or Persons properly qualified, to be an Examiner or Examiners as aforesaid, in the room of the Person or Persons so dying, or removed, or displaced as aforesaid; and every Person or Persons so chosen and appointed, shall continue in Office for such time and no longer, as the Person or Persons in whose room or stead he or they shall be so chosen and appointed, would have continued in Office.
And to prevent any Person or Persons from practising as an Apothecary, without being properly qualified to practise as such, Be it further Enacted, That from and after the First Day of August, One Thousand Eight Hundred and Fifteen, it shall not be lawful for any Person or Persons (except persons already in practice as such), to practise as an Apothecary in any part of England or Wales, unless he or they shall have been Examined by the said Court of Examiners, or the major part of them, and have received a Certificate of his or their being duly qualified to practise as such, from the said Court of Examiners, or the major part of them, as aforesaid; who are hereby authorized and required to examine all Person and Persons applying to them, for the purpose of ascertaining the skill and abilities of such person or persons in the Science and Practice of Medicine, and his or their fitness and qualification to practise as an Apothecary; and the said Court of Examiners, or the major part of them, are hereby empowered either to reject such Person or Persons, or to grant a Certificate of such Examination, and of his or their qualification to practise as an Apothecary as aforesaid: Provided always, That no Person shall be admitted to such Examination until he shall have attained, the full age of Twenty-one Years.
Provided always, and be it Enacted, That no Person shall be admitted to any such Examination for a Certificate to practise as an Apothecary, unless he shall have served an Apprenticeship of not less than Five Years to an Apothecary, and unless he shall produce Testimonials to the satisfaction of the said Court of Examiners, of a sufficient Medical Education, and of a good moral conduct.
And be it further Enacted, That every Person intending to qualify himself under the regulations of this Act to practise as an Apothecary, in any part of England or Wales, shall give notice to the Clerk of the said Master, Wardens, and Society of Apothecaries as aforesaid, of his intention so to do, who shall notify the same to the said Master, Wardens, and Society of Apothecaries as aforesaid; and the Person so intending to qualify himself, shall present himself at the Meeting held by the said Court of Examiners next succeeding such Notice, and shall undergo such Examination by the said Court of Examiners as aforesaid, or at some other Meeting, as shall or may be appointed and fixed upon by the said Master, Wardens, and Society of Apothecaries, or by the said Court of Examiners, or the major part of them, as aforesaid, for that purpose.
And be it further Enacted, That from and after the First Day of August, One Thousand Eight Hundred and Fifteen, it shall not be lawful for any Person or Persons (except the Persons then acting as Assistants to any Apothecaries as aforesaid, and excepting Persons who have actually served an Apprenticeship of Five Years to an Apothecary) to act as an Assistant to any Apothecary, in compounding or dispensing Medicines, without undergoing an Examination by the said Court of Examiners, or the major part of them, or by Five Apothecaries, so to be appointed as hereinafter is mentioned, and obtaining a Certificate of his or their qualification to act as such Assistant, from the said Court of Examiners, or the major part of them, or from the said Five Apothecaries, who are hereby authorized and empowered to examine all persons applying to them for that purpose, and to grant a Certificate of such fitness and qualification.
And be it further Enacted, That for the purposes of this Act, it shall and may be lawful to and for the said Master and Wardens for the time being, or to and for the said Court of Examiners, by writing under their hands, from time to time to appoint Five Apothecaries in any County or Counties respectively throughout England and Wales (except within the said City of London, the Liberties or Suburbs thereof, or within Thirty Miles of the same), to act for such County or Counties, or any other County or Counties near or adjoining, and to remove or displace them from time to time, as they the said Master and Wardens, or the said Court of Examiners, shall deem adviseable; and such Five Apothecaries so to be appointed respectively, as aforesaid, at any Meeting to be held by them as hereinafter mentioned, shall have full power and authority, and are hereby authorized and empowered to examine, all Assistants to Apothecaries throughout the County or Counties in regard of which such Apothecaries shall have been so appointed as aforesaid, and to grant or refuse such Certificate to every such Assistant to Apothecaries, as hereinbefore is authorized in that behalf; and a Meeting of the said Apothecaries, for the purposes aforesaid, shall be held monthly in the County Town of some one of the Counties for which they shall have been appointed to act as aforesaid; and that no act of such Apothecaries shall be, or be deemed to be good or valid, unless the same be done at some such Meeting; and that all the Powers and Authorities by this Act granted to or vested in such Five Apothecaries, shall and may from time to time be exercised by the major part of them, who shall attend at any Meeting to be holden as above directed, the number of such Apothecaries present at any such Meeting not being less than Three; and all the Orders, Directions, and Certificates of the major part of such Apothecaries present at any such Meeting, shall have the same force and effect as if the same were made, done, or signed by all the said Five Apothecaries for the time being; and at every such Meeting of the said Apothecaries, a Chairman shall and may be appointed, and when, and so often as it shall so happen that there shall be an equal number of Votes upon any one question (including the Vote of the said Chairman) then and in such case, it shall and may be lawful to and for the said Chairman to give the casting, or decisive Vote.
And be it further Enacted, That the Sum of Ten Pounds Ten Shillings shall be paid to the said Master, Wardens, and Society of Apothecaries, for every such Certificate as aforesaid, on obtaining the same, by every person intending to practise as an Apothecary within the City of London, the Liberties or Suburbs thereof, or within Ten Miles of the same City; and the Sum of Six Pounds Six Shillings by every person intending to practise as an Apothecary in any other part of England or Wales (except the said City of London, the Liberties or Suburbs thereof, or within Ten Miles of the said City:) and no person having obtained a Certificate to practise as an Apothecary in any other part of England or Wales (except the said City of London, the Liberties or Suburbs thereof, or within Ten Miles of the said City as aforesaid), shall be entitled to practise within the said City of London, the Liberties or Suburbs thereof, or within Ten Miles of the said City, unless and until he shall have paid to the said Master, Wardens, and Society, the further Sum of Four Pounds Four Shillings, in addition to the said Sum of Six Pounds Six Shillings so paid by him as aforesaid, and shall have had endorsed on his said Certificate, a Receipt from the said Master, Wardens, and Society, for such additional Sum of Four Pounds Four Shillings; and the Sum of Two Pounds Two Shillings by every Assistant; and the several Sums of Money arising from the granting of such Certificates, shall be applied in manner hereinafter directed.
And be it further Enacted, That if any person (except such as are then actually practising as such) shall, after the said First Day of August, One Thousand Eight Hundred and Fifteen, act or practise as an Apothecary in any part of England or Wales, without having obtained such Certificate as aforesaid, every person so offending shall for every such Offence, forfeit and pay the Sum of Twenty Pounds; and if any person (except such as are then acting as such, and excepting persons who have actually served an Apprenticeship as aforesaid) shall, after the said First Day of August, One Thousand Eight Hundred and Fifteen, act as an Assistant to any Apothecary, to compound and dispense Medicines, without having obtained such Certificate as aforesaid, every person so offending, shall for every such offence forfeit and pay the Sum of Five Pounds.
And be it further Enacted, That no Apothecary shall be allowed to recover any Charges claimed by him in any Court of Law, unless such Apothecary shall prove on the Trial, that he was in practice as an Apothecary prior to, or on the said First Day of August, One Thousand Eight Hundred and Fifteen, or that he has obtained a Certificate to practise as an Apothecary, from the said Master, Wardens, and Society of Apothecaries as aforesaid.
Provided always, and be it further Enacted, That if the said Court of Examiners, or the major part of them, having examined any Person or Persons applying to qualify himself or themselves to practise as an Apothecary, or if they, or the said Five Apothecaries so to be appointed for any County or Counties as aforesaid, having examined any Person or Persons applying to qualify himself or themselves to practise as an Assistant to an Apothecary, in compounding and dispensing Medicines, shall see cause to refuse such Certificate as aforesaid, to any such Person or Persons so applying to qualify himself or themselves as an Apothecary or Assistant as aforesaid; yet it shall and may be lawful for such Person or Persons who shall be so refused, to apply at any future time to be again examined, so that such second application by any Person or Persons applying to qualify himself or themselves as an Apothecary, be not within Six Months of such first Examination; and so that such second application by any person or persons applying to qualify himself or themselves as an Assistant, be not within Three Months of such first Examination; and if on such re-examination he or they shall appear to the persons examining, to be then properly qualified, it shall and may be lawful for the said Court of Examiners, or to and for the said Five Apothecaries in any County or Counties as aforesaid, to grant such person or persons so applying, such Certificate as aforesaid.
Provided always, and be it further Enacted, That the said Master, Wardens, and Society of Apothecaries, do make annually, and cause to be printed, an exact List of all and every person who shall in that year have obtained a Certificate to practise as an Apothecary, with their respective residences attached to their respective Names.
And be it further Enacted, That all and every Sum or Sums of Money which shall be received or arise from the granting of the Certificate of Examination hereinbefore required, shall belong to, and be appropriated and disposed of by the said Master, Wardens, and Society of Apothecaries as aforesaid, in such manner as they shall from time to time direct and deem most expedient.
And be it further Enacted, That all Sum and Sums of Money arising from Conviction and recovery of Penalties for Offences committed against the Authorities and Provisions of this Act, shall be applied and disposed of in manner following, (viz.) One Half thereof to the Informer or Informers, and One Half thereof to the said Master, Wardens, and Society of Apothecaries as aforesaid, to be appropriated and disposed of by them in such manner as they shall deem most expedient.
And be it further Enacted, That all Penalties and Forfeitures by virtue of this Act imposed, (the manner of levying and recovering whereof is not otherwise hereby particularly directed, shall, if such Penalties and Forfeitures shall exceed the Sum of Five Pounds, be recovered by Action or Suit at Law, in the Name of the Master, Wardens, and Society of the Art and Mystery of Apothecaries of the City of London, in any of His Majesty’s Courts of Record in England or Wales, wherein no Essoign, Protection, or Wager at Law, or more than one Imparlance shall be allowed); and if such Penalty or Forfeiture shall amount to less than the Sum of Five Pounds, then the same shall be levied and recovered by Distress and Sale of the Goods and Chattels of the Offender, by Warrant under the Hand and Seal of any Justice of the Peace acting for any County, City, Town, or Place where the Offence shall be committed (which Warrant such Justice is hereby empowered and required to grant upon the confession of the Party, or upon the Evidence of any credible Witness upon Oath; and which Oath such Justice is hereby empowered to administer); and the overplus (if any), of the Money arising by such Distress and Sale, shall be returned upon demand to the Owner of such Goods and Chattles, after deducting the Costs and Charges of making, keeping, and selling the Distress; and in case sufficient Distress shall not be found, or such Forfeitures and Penalties shall not be paid forthwith, it shall be lawful for such Justice, and he is hereby authorized and required, by Warrant under his Hand and Seal, to cause the Offender to be committed to the Common Gaol for the County, City, Town, or Place, where the Offence shall be committed, there to remain without Bail or Mainprize for any time not exceeding One Calendar Month, unless such Penalties, and Forfeitures, and Costs, shall be sooner fully paid and satisfied.
And be it further Enacted, That where any Distress shall be made for any Sum of Money to be levied by virtue of this Act, the Distress itself shall not be deemed unlawful, nor the Party or Parties making the same be deemed a Trespasser or Trespassers, on account of any defect or want of Form in the Notice or Information, Summons, Conviction, Warrant, or Distress, or other proceeding relating thereto; nor shall the Party or Parties distraining be deemed a Trespasser or Trespassers ab initio, on account of any irregularity which shall be afterwards done by the Party or Parties so distraining; but the person or persons aggrieved by such irregularity, may recover full satisfaction for the special damage in an Action upon the Case.
Provided always, and be it further Enacted, That nothing in this Act contained shall extend, or be construed to extend, to prejudice, or in any way to affect the trade or business of a Chemist and Druggist, in the buying, preparing, compounding, dispensing, and vending Drugs, Medicines, and Medicinable Compounds, wholesale and retail; but all persons using or exercising the said trade or business, or who shall or may hereafter use or exercise the same, shall and may use, exercise, and carry on the same trade or business in such manner, and as fully and amply to all intents and purposes, as the same trade or business was used, exercised, or carried on by Chemists and Druggists before the passing of this Act.
Provided always, and be it further Enacted, That nothing in this Act contained, shall extend or be construed to extend to lessen, prejudice, or defeat, or in any wise to interfere with any of the Rights, Authorities, Privileges, and Immunities heretofore vested in, and exercised and enjoyed by either of the Two Universities of Oxford or Cambridge, the Royal College of Physicians, the Royal College of Surgeons, or the said Society of Apothecaries respectively, other than and except such as shall or may have been altered, varied, or amended in and by this Act, or of any Person or Persons practising as an Apothecary previously to the First Day of August, One Thousand Eight Hundred and Fifteen; but the said Universities, Royal Colleges, and the said Society, and all such Persons or Person, shall have, use, exercise, and enjoy all such Rights, Authorities, Privileges, and Immunities, save and except as aforesaid, in as full, ample, and beneficial a manner to all intents and purposes, as they might have done before the passing of this Act, and in case the same had never been passed.
Provided always, and be it further Enacted, That no Action or suit shall be brought or prosecuted against any Person or Persons, Body or Bodies Politic, Corporate or Collegiate, for any thing done in pursuance of this Act, after Six Calendar Months next after the fact committed; or in case there shall be a continuation of Damages, then after Six Calendar Months next after the doing or committing such Damage shall have ceased, and not afterwards. And every such Action or Suit shall be laid and brought in the County where the matter in dispute shall arise, and not elsewhere; and the Defendant and Defendants in every such Action or Suit, shall or may, at his, her, or their election, plead specially the General Issue, and give this Act, and the Special Matter, in Evidence, at any Trial to be had thereupon, and that the same was done in pursuance, and by the authority of this Act. And if it shall appear to have been so done, or if any such Action or Suit shall have been brought before Twenty-one Days’ Notice shall have been given, or sufficient satisfaction made or tendered, as aforesaid, or shall be brought in any other County or Place than as aforesaid, then, and in every such case, the Jury shall find for the Defendant or Defendants; and upon such Verdict, or if the Plaintiff or Plaintiffs shall become Nonsuit, or suffer a discontinuance of his, her, or their Action or Suit, after the Defendant or Defendants shall have appeared, or if a Verdict shall pass against the Plaintiff or Plaintiffs, or if upon Demurrer or otherwise, Judgment shall be given against the Plaintiff or Plaintiffs, then the Defendant or Defendants shall have Double Costs, and shall have such remedy for recovering the same, as any Defendant hath for recovering Costs of Suit in any other Cases by Law.
And be it further Enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such, by all Judges, Justices, and others, without being specially pleaded.