Chapter IX: Part I: Statutes and Charters (1)

STATUTE.

9 _Hen._ 5.

[Cited by Sir Wm. Browne in his Vindication of the College of
Physicians. Quarto, London 1753.]

Ex Bundello petitionum de an^o. 9^o. H. 5. in Parliamento.

HEY and most mighty prince noble and worthy lords spirituelx and temporelx and worshipfull comunes, for so moche as a man hath thre things to governe, that is to say soule, body, and worldly goods, the which ought and shulde ben principaly reweled by thre sciences, that ben divinitie, fisyk, and lawe, the soule by divinitie, the body by fisyk, worldly goods by lawe, and those conynges should be used and practised principally by the most connyng men in the same sciences, and most approved in cases necessaries to encrese of virtue, long life, and gouds of fortune, to the worship of God and comyn profit.

But worthi soveraines hit is known to your hey discretion, meny uncunning and unaproved in the aforesaide science practiseth, and specialy in fysyk, so that in this realme is every man be he never so lewed taking upon him practice y suffered to use it to grete harm and slaughtre of many men, where if no man practiced therein but al only connynge men and approved sufficiently y learned in art, filosofye, and fysyk, as it is kept in other londes and roialmes ther shuld many man that dyeth for defaute of helpe lyve, and no man perish by unconning.

Wherefore pleseth to your excellents wysdomes that ought after your soule have no entendance to youre body for the causes abovesaid, to ordaine and make in statute perpetually to be straitly y used and kept. That no man of no manner, estate, degre, or condition, practice in fysyk fro this time forward, bot he have long time y used the scoles of fysyk, having letters testimonialx sufficianty of on of those degrees in the universite in which he took his degree in, under payne of long imprisonement and paying XL lb to the king, and that no woman use the practice of fysyk under the same payne, and that the sherreffs of every shire make inquisition in their tournes if there be any that forfaiteth agens this statuit under a payne reasonable, and thenne that they put this statute in execution without any favoure under the same payne; also lest that they the which ben able to practise in fisyk ben excluded fro practise, the which be not graduated. Pleseth to your hey prudency to send writtes to all the sherriffs of England, that every practysour in fisyk not graduated in the same science, that wole practise forth be wythin on of the universities of this lond by a certain day, that thay that ben able mowe aftre true and strayt examination be received to their degree, and that they that be not able to cese fro the practise into the time they ben able and approved, or for to never more entermete thereof, and that herto also be y set a peyne convenient.

_Dorso._

Responsio hujus petitionis patet in rotulo parliamento dat. 2. dic
maij anno regni regis Henr. 5ti. post conquestum nono.

Rot. Parl. 9. H. 5. p. 1. N^o. 11.

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.