Chapter XXVI: Appendix: C. (See page 80.)

Anno xxxij } ¶ An act concernyng Barbours and Surgeons to be
Henrici Octavi } of one companie.
} Cap. xij.[364]

[364] Misprint for xlij.

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.

[365] A misprint for “limmes” = limbs.
[366] A misprint for “now.”

¶ 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.

[367] In.

¶ 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.

[368] Diseased.
[369] One.

☞ 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.