1511. In this year an Act of Parliament was passed, which infringed on the privileges of the Barbers’ Company, inasmuch as it placed the approbation and licensing of Surgeons in the hands of certain clerical dignitaries, to wit, the Bishop of London and Dean of St. Paul’s (while for the country the several Bishops or their Vicars general were nominated). This Act was possibly the outcome of some laxity on the part of our Company, or of an intolerable growth of quackery, with which it could not cope, the pretenders to surgical knowledge being a “great multitude” of ignorant persons, and women, using sorcery, witchcraft and noxious remedies. This Act of Parliament (3 Hen. VIII, cap. XI) as given below, is from an original copy in the possession of Mr. Charles J. Shoppee (Master 1878).
¶ AN ACTE CONCERNYNG THE APPROBATION OF PHISICIONS AND SURGIONS.
To the kyng our souerayne lorde, and to all the lordes spiritual and temporall, & comoñs in this present parlyament assembled. Forasmoche as the science and connynge of phisike & surgerie (to the perfet knowlege whereof, be requisite both great lernyng and rype experience) is dayly within this realme exercised by a great multitude of ignorant pˀsons: of whome the great part haue no maner of insight in the same, nor in any other kynde of lernynge, some also can no letters on the boke, so farforthe that common artificers, as smythes, weauers, and women, boldely and customably take upon them greate cures and thinges of greate difficultie: in the whiche they partly use sorcerye, and witchcrafte, partly apply suche medicines unto the disease, as be very noyous and nothyng metely therfore to the highe displeasure of god, great infamye to the facultie, and the greuous hurte, damage, and destruction of many of the kynges liege people: most specially of them that can not discerne the unconnynge from connynge. Be it therfore (to the suertie and comforte of all maner people) by auctoritie of this present parliament enacted, that no persone within the citie of London, nor within seuen myles of the same, take upon hym to exercise and occupie as a phisition or surgion, excepte he be fyrst examyned, approued, and admytted by the byshop of London, or by the deane of Paules, for the tyme beinge, calling to hym or them foure doctours of phisike, and for surgery, other experte persons in that facultie, and for the fyrste examination suche as they shall thynke conuenient, and afterwarde alway foure of them that haue ben so approued, upon the peine of forfayture, for euery moneth that they do occupie as phisitions or surgions, not admytted nor examyned after the tenour of this acte, of v.li. to be enployed the one halfe therof to thuse of our soueraine lorde the kynge, and the other halfe therof to any person that wyll sue for it by action of dette, in whiche no wager of lawe nor protection shalbe alowed.
¶ And ouer this, that no persone out of the sayd citie and precinte of vii. myles of the same, except he haue ben (as is aforesayd) approued in ye same, take upon hym to exercise and occupie as a phisition or surgion, in any diocesse within this realme, but if he be fyrste examined and approued by the bysshoppe of the same dyocese, or he beynge out of the dioces by his vycare generall: either of them callyng to them suche experte persones in the sayde faculties, as their discretion shal thynke conuenient, and gyuyng theyr letters testimonials under theyr seale to hym that they shall so approue, upon lyke peyne to them that occupie contrary to this acte (as is above sayde) to be leuied and employed after the forme before expressed.
¶ Prouyded alway, that this acte nor any thynge therin contayned, be preiudiciall to the uniuersities of Oxforde and Cambrydge or eyther of them, or to any priuileges graunted to them.
This Act seems to have invested the Bishops, etc., with the power of licensing all Surgeons, and if so, would have taken away that privilege from our Company; the point is however doubtful, and I am inclined to think that the Act did not operate to the prejudice of the Company, only in so far as it suffered from the existence of another licensing authority.
Mr. D’Arcy Power has pointed out that the Act very soon became unpopular, and that it was almost immediately practically repealed by another one, which provided that it should be “lawful to any person being the king’s subject, having knowledge or experience of the nature of herbs, etc., to minister in and to any outward sore or wound according to their cunning.” (Memorials of the Craft of Surgery, p. 85.)
This latter Act, which in its effect would flood the land with quacks, must however have remained the law until the Act of 32 Hen. VIII, whereby the Barber-Surgeons were reinstated in their ancient rights; and it is the fact, that down to the 18th Century the Ecclesiastics claimed and enforced their rights (under the Act 3 Hen. VIII) to license Surgeons, notwithstanding other Acts passed since then, which although not expressly extinguishing their power, certainly did not save it. The Barber-Surgeons’ Company seem to have examined the Surgeons, and, if approved, to have given a certificate under Seal, which was presented to the Bishop who thereupon issued his licence. This practice was not however universal, and I think only applied to some Surgeons who were not free of the Company. In some cases the Bishop licensed Surgeons, without reference to the Company, and thousands have been licensed by the Company without regard to the Bishop. It is almost impossible to say now what course was followed, the practice certainly varying with the times (see [Surgery]).
1513. In this year an Act of Parliament was passed exempting Surgeons from juries, inquests, etc. This must have been passed in the interest of the Surgeons’ Guild, as the Barber-Surgeons were surely exempt under their Charter from Edward IV.
1512. The Barbers’ Company having applied to the King (Henry VIII) for a confirmation of their Charter, their request was acceded to. Henry is, on more than one occasion, spoken of in the books as “our patron,” and there is no doubt but that he was very friendly both to our Company and to individual members of it, as witness his gift of the grace cup, and the legacies in his will to various members of the Company, with some of whom, as Pen, Harman, Ayliff, etc., he was on as intimate terms as a king could be with a subject; there would therefore be, we may be sure, but little difficulty in obtaining an Inspeximus.