Sheweth:
That severall Surgeons unlearned & unskilfull in that Art have set up & practised within Seven miles of the City of London under Colour of a Licence from yor Grace & without the examination & approbation of such Surgeons as the Law hath appointed for that purpose ffor which reason wee beg leave to lay before yor Grace the following representation, vizt.:
That the Company of Barbers & Surgeons were incorporated by the Charter of King Edward the Second wch was confirmed by the Charter of Edward the fourth with this Addic͠onal Clause That the Governors of the Company should examine approve & authorise all such as should practise in that ffaculty.[219]
That the said Charter of Edward 4th not having provided by sufficient penaltys against that great & growing mischeife which sprung from the unskillfullness of several vain pretenders in this art, It was provided by the Statute of the 3 H. 8, cap. 11 That no person within London or seven miles of it should exercise Surgery except they were first examined approved & admitted by the Bishop of London or Dean of Paul’s calling to him four expert persons in that faculty under forfeiture of five pounds pˀ month And out of the City & precints seven miles, unless exaĩed & approved by the Bishop of the Diocess or his Vicar Generall in like mañer, upon which Statute yor petitioners beg leave to observe That it was wholly introductive of a new law & creates a power in the Bishop that was before vested in the Company by the Charter, so doth it take care to confine that power meerly to the Diocesan under the limitation of a regular examination in his presence by four persons that had already passed their examinations.
The Bishop of each Diocess being therefore by their Law invested with a Temporall power perfectly forreign to their Ecclesiasticall Jurisdiction & Spirituall care We do humbly hope yor Grace will not exercise this authority which was never by this law placed in the Metropolitane but was only to be exercised by the Diocesan under a regular Examination by persons admitted into our Company. And yor Grace will find this the more reasonable upon Consideration of this Act for the law makes it a part of the Ecclesiasticall concernment upon a supposition that severall persons pretending to Surgery had practised Sorcery & Witchcraft which yor Grace will pardon us if we beg leave to say was an artificiall notion set up by the popish Clergy in those times to draw within their own Verge the Inspection & approbation of all such persons as attended the beds of dying men.
But however that law was obtained, our Company which consisted of all such persons as exercised Surgery within London or seven miles being afterwards incorporated by the Statute of 32 H. 8, C. 42, no man could practise within London or seven Miles Compass of the City without an examination by four of the faculty thus incorporated & without being solemnly admitted into the Company.
And accordingly the Bishop of London has from time to time been pleased to do us that Justice that we humbly presume yor Grace will not deny us, vizt not to license any person within his Diocess who hath not first obtained a Testimoniall under the Seale of our Company certifying the examination of such person & his skill & ability for the exercise of that art.
But if this restraint of yor Graces Licences were not to be asked as a matter of Justice We should not doubt to obtain it as a favour, when yor Grace considers how this maner of entring into the faculty opens a way to the Ignorant & unskillfull to the great prejudice both of the Company & of the publick, for yor Grace cannot be so much at leisure from yor pastorall care to enquire into the abilitys of such as pretend to sign their Testimonialls nor is any person that comes in by this method subject to the regulation of our Company’s By-Laws which are all signed under the hands of the two Cheife Justices & the present Lord Chancellour & contrived with the greatest exactness to regulate the practise of this art, besides that every person admitted is obliged to give bond to the Company that he will diligently attend such cures as he shall be called unto & that he will never wilfully administer any hurtfull medecine, And in all cases of danger call in one of our ten Examiners to his assistance who are always ready to afford their assistance when asked.
Lastly we think we may add that the Companys services of the publick may reasonably deserve some consideration from all lovers of the publick for that ten of the principall persons of the faculty meet once a week at their Hall to examine & approve all Surgeons & Surgeons Mates that are in her Majesties Service which amount to five hundred in a year & to inspect all Sea Surgeons Chests of medicines & instruments & to peruse the Journalls of their practice & to view all Sea officers who are wounded in fight & this without the least reward nor are any admitted into the Sea Service without their Testimoniall & approbation to the very great preservation of the Seamen And tis presumed that a Regulation that has been found so necessary at Sea will appear at Land to be equally beneficiall.
Wherefore yor petitioners humbly begg that yor Grace will not for the future be pleased to give Lycences to any persons to practise Surgery within London or seven miles compass thereof untill such persons skill & ability for the exercise of that art appears by a Testimoniall under our Companys Seale to have been tried & approved of by the ten Examiners of our Company appointed for that purpose.