¶ An act concernyng Barbours and Surgeons to be of one companie.
Cap. xij.[364]
The kyng our soveraigne lord by the advise of his lordes spirytuall and temporall, and the commons in thys presente parlyament assembled and by the auctortye of the same by all their common assentes duly ponderyng among other things necessary for the common welth of this realme, that it is very expedient and nedeful to provyde for men experte in the science of phisicke and surgery, for the helth of mannes body, when infirmities and sickenes shall happen, for the due exercise and maintenaunce whereof good and necessary actes be alredy made and provided. Yet nevertheles, for as muche as within the citie of Londone, where men of great experience aswell in speculation, as in practice of the science and faculty of surgery, be abiding & enhabiting, and have more commonly the dayly exercise and experience of the same sciẽce of Surgery, then is had or used within any partyes of this realme: And by occasion therof many expert personnes be brought up under them, as their servauntes apprentices and others, who by thexercyse and diligent informacion of theyr sayd maysters, as wel now as hereafter shal exercise the sayd science within divers other parties of this realme, to the great relyefe comfort and succour of much people, and to the sure safegarde of theyr bodily health, theyr limittes[365] and lyves. And forasmuch as within the sayd citie of London there be nowe two severall and distincte companyes of Surgeons, occupyinge and exercisynge the sayde scyence and faculty of surgery, the one company being commonly called the Barbours of London, and the other company called the surgeons of London Which company of barbours be incorporated to sew and be sewed by the name of maisters or governours of the mistery and comminalty of the barbours of London, by vertue and auctoritye of the letters patentes under the great seale of the late kyng of famous memory kyng Edwarde the fourth dated at westminster the foure and twentie day of February in the fyrst yere of his reigne which afterwarde as wel by our nost[366] most drad soveraigne lord as by the right noble and vertuouse prynce kyng Henry the seventhe, father unto the kynges mooste excelent highnesse now beyng were and be confirmed, as by sundrie letters patentes therof made amongest other thynges in the same conteygned more at large maie appere. And the other companie called the surgeons be not incorporate, nor have any maner corporacion which two severall and distincte companies of surgeons were necessarie to bee unyted and made one bodie incorporat to the entente that by their unyon and often assemble togythers to the good and dewe order exercise and knowlage of the sayd science or facultie of surgerie, should be as well in speculacions as in practyse, both to them selves and al other their servauntes and apprentises, nowe and herafter to be brought up under them, and by their lerninge and dilegent and rype informacions more perfect spedy and effectuall remedy shuld be than it hath ben or should be if the said two companies of barbours and surgeons should contenew severed a sunder and not joyned togyther as they before this tyme have ben and used them selves not medlynge togyther. Wherfore in consyderacyon of the premysses be it enacted by the Kynge our soveraigne lorde, and by the lordes spirituall and temporall, and by the commons in this present parlyamente assembled, and by the auctoritye of the same that the sayd two several and distyncte companyes of Surgeons, that is to saie, bothe the barbours and the Surgeons, and every personne of theim beynge a free manne of either of the sayd companies after the custome of the sayd citye of London and theyr successours, from hense forthe immediatly be unyted and made on entyer and hole body corporate and one cominaltye perpetuall whych at al tims herafter shall be called by the name of maisters or governours of the mystery and comminalte of Barbours and Surgeons of London for evermore and by none other name: And by the same name to impleade and be impleaded before al maner of Justices, in al courtes in al maner of actiõs and sutes. And also to purchase enjoy, & take to thẽ and to theyr successors al maner of landes tenementes rentes and other possessions what so ever they be, and also shal have a comon seale to serve for the busines of the sayd company and corporacion for ever. And by the same name peasably quietly and indifferently have possession and enjoy to theym and to theyr successours for ever, all suche landes and tenementes, and other hereditamentes what soever, which the said company or comminalty of barbours have and enjoy to thuse of the said mistery and comminalty of barbours of London. And also shall peasably and quietlye have and enjoye all and singular benefittes, grauntes liberties, privileges fraunchises, and fre customes and also al maner of other thinges, at any time geven or graũted unto the sayd companies of barbours or surgeons, by what so ever name or names they or any of theim wer called, and whiche they or any of them now have, or any of their predecessours have had by actes of parlyament letter patentes of the kynges highnes, or other his moste noble progenytours or otherwyse by any laufull meanes had at any tyme afore thys present acte in as large and ample maner and forme, as they or any of thẽ have had myght or shuld enjoye the same, this union or conjunction of the said companis together not withstandyng. And as largely to have and enjoie the premisses, as if the same wer and had ben specialli and particularli expressed and declared with the best and most clerest woordes & termes in the lawe, to all intentes and purposes And that al persons of the sayd Company now in corporate by thys present act, and their successours, that shal be laufully admitted and approved to occupie surgery after the forme of the statute in that case ordeyned and provyded shalbe exempt for bearĩg of armure or to be put in any watches or inquestes And that they and their successours shall have the serche over sight punishement and correctiõ as well of fremen as of foreins for such offences as they or any of them shall com̃it or do against the good order of barbary or surgery as afore this time amonge the sayd mistery and company of barbours of London, hath ben used and accustomed, accordyng to the good and politike rules and ordynaunces by them made and approved bi the lords Chauncellour treasorer and two chiefe Justices of either bench or any thre of them after the forme of the statute in that case ordeyned and provided.
¶ And further be it enacted by thauctoritie aforesayd, that the sayd maysters or governours of the mistery and comminaltie of barbours and surgeons of Londõ, and their successours yerely for ever after their sad discrecions at their free liberte and pleasure shal and maie have and take without c͠otradiction foure persons condempned adjudged and put to deathe for feloni by the due order of the kynges lawe of thys realme for anatomies without any further sute or labour to be made to the kyngs highnes his heyres or successours for the same. And to make incision of the same deade bodies or otherwyse to order the same after their said discrecions at their pleasures for their further and better knowlage instruction in sight learnyng and experience in the sayd scyence or facultie of surgery Savĩg unto al person their heires and successours al such right tytle enterest and demande, which they or any of them myght laufully clayme or have in or to any of the landes and tenementes with the appurtenaunces, belog̃ing unto the sayd company of barbours and surgeons or any of them, at any tyme afore the makyng of this acte, in as ample maner & fourme as they or any of them hadde or ought to have had heretofore: Any thyng it[367] thys present acte comprised to the contrary herof in any wyse not withstãding.
¶ And for as muche as suche persones being the misterie or facultee of surgery, oftentymes medle and take into their cure and houses suche sicke and diseases[368] persõs as ben infected with the pestilence great pockes & such other contagious infirmityes do use or exercise barbari, as washynge, or shavyng, and other feates therunto belongyng, whiche is veraie perillous for infectyng the kyngs liege people resortyng to their shoppes and houses ther beyng washed or shaven. Wherfore it is now enacted ordeyned and provided by thauctoritye aforesayd that no maner person within the citie of London suburbes of the same, and on[369] miles compasse of the sayde citie of London, after the feast of the nativitie of our lord god next com̃ing usyng any barbary or shavyng, or that here after shall use any barbary or shavyng within the sayd citie of London suburbes or one myle circuite of the same citie of London he nor they nor none other for thẽ to his or other use shall occupy any surgery lettyng of bloud, or any other thynge belongyng to surgery drawing of teeth only excepte. And further more in lyke maner who so ever that useth the mistery or crafte of surgery within the circute aforesayd, as long as he shall fortune to use the sayde maystery or crafte of surgerie shall in no wyse occupie nor exercyse the feat or crafte of barbarie or shaving neither by hym selfe nor by non other for him to his or their use: And moreover that al maner of persones usynge surgery for the tyme beyng as well free men as forens aliens and straungers within the said citie of London, the suburbes therof, and on myle compasse of the same citie of London before the feast of sainct Michaell tharchangel next commyng, shal have an open signe on the strete syde wher they shall fortune to dwell that all the kynges liege people there passing by may know at al times whether to resort for theyr remedies in time of necessity. And further be it enacted by thauctority aforesayd, that no maner of person after the sayd feast of saynct Michaell tharchaungell next commyng presume to kepe any shoppe of barbarie or shaving within the city of London except he be a free man of the same corporacion and company.
☞ And furthermore at such times heretofore accustomed there shalbe chosen by the same company foure maisters or governours of the same corporacion or company, of the which .iiii. two of them shalbe expert in surgery and thother two in barbary, which .iiii, maysters and every of theym shall have full power and auctority from time to time, during theyr said offyce to have the oversyght serche punishement and correction of al such defaultes and inconveniences as shalbe found among the sayd company using barbary or surgery, as wel of fre mẽ as forens aliens and strangers with in the citye of London & the circuite aforesayd, after their sad discrescions And if any persõ or persõs usyng any barbary or surgery at any time hereafter, offend in any of these articles aforesayd: then for every moneth the sayd persons so offending shal lose forfait and pay .v. li. the one moiety therof to the king our soveraigne lord, and the other moiety to any person that wil or shal sue therfore by action of det bill plainte or informacion in anye the kinges courtes, wherin no wager of law essoin or protection shall be admitted or alowed in the same.
¶ Provided the said barbours and surgeons and every of them shal beare and pay lot and scot and such other charges, as they and their predecessours have ben accustomed to pay within the sayd citie of London this acte or any thyng therin conteigned to the contrary herof in any wyse not withstandyng.
☞ Provided alway and be it enacted by auctoritie aforsaid that it shalbe lefull to any of the kynges subjectes not beyng Barbour or Surgeon, to reteine have and kepe in his house as his servaunt any person beynge a barbour or surgeon whych shal and maie use and exercise those actes and faculties of Barbery and surgery or either of thẽ in his maisters house, or elles wher by his maisters licence or commaundement any thyng in thys acte above written to the contrary not withstandyng.
APPENDIX D. (See page [106].)
1577. Thys ys accompte of all suche monie as was levyed in the tyme of Mr John ffeild John Hitchin Xp̃ofer Swaldell and Henrye Rankin masters and governors of the misterie of Barbors Surgins of London upon the ffremen brethern and straungers for the furnishinge of souldiers according to the saide Precept and was collected and gathered by the handes of the saide Xp̃ofer Swaldell second governor as followeth.