Chapter XXVIII: Appendix: E. (See page 157.)

THE CASE OF THE BARBERS OF LONDON.

The _Barbers_ of _London_ were a _Fraternity_ before the Time of
_Edward the Second_, and by Letters-Patent of _Edward the Fourth_
were made a _Body Corporate_, and invested with several Powers and
Privileges. In the 32d Year of _Henry the Eighth_, the _publick_
Policy thought proper to _unite_ them with another Company (not
then _incorporated_) called the _Surgeons_ of _London_, in order,
(as is most probable) to _transfer_ those Powers and Privileges to
the _latter_, without directly appearing to _wrest_ them from the
_former_ to whom they had been _originally_ granted.

The _Coalition_ of the two Companies having now subsisted above _Two
Hundred Years_, the _Barbers_ are surpris’d to find an _Attempt_ made
by the _Surgeons_ to _dissolve_ it, by Authority of _Parliament_,
without their Participation or Consent.

The _principal Reasons_ assigned by the _Surgeons_, in their printed
Case, to induce the legislature to the _extraordinary_ Act of Power,
are,

_First_, That the _Barbers_, in the Time of _Henry the Eighth_,
were all _Surgeons_, and that the Parliament, by _uniting_ them
with others of _superior_ Abilities, intended _their_ Improvement
in _that_ Profession; but that they having, long since, _ceased_ to
intermeddle with any Branch of _Surgery_, this _Intent_ of the Act is
frustrated, and the laudable _Purpose_ of the _Union_ at an end.

_Secondly_, That by this _Alteration_ of the Circumstances of things,
the Junction of the two Companies (how advantageous soever in
_former_ Times) is _now_ become highly _inconvenient_.

_Thirdly_, That the _Surgeons_ if _distinctly_ incorporated, would
be encouraged to _meet_ and _communicate_ to one another their
Experiments and Successes.

And _Fourthly_, That the like Separation has taken place at _Paris_,
_Edinburgh_, and _Glascow_.

BUT the _first_ of these _Reasons_ is grounded on a _Mistake_ in
point of _Fact_; for tho’ it be _true_ that the _Barbers_ were _all
originally Surgeons_, and incorporated _as such_, yet long _before_
the Union in question, _most_ of them had _quitted_ the _actual
Exercise_ of that Profession, and the _Right_ itself of exercising
it _in virtue_ of their Charter, had been _taken away_[373] by
Parliament: And tho’ in the _Preamble_ of the uniting Act, _both_
Companies are stiled _Surgeons_, yet from the _Enacting_[374] Part
(which expresly _restrains_ the _Barbers_ from occupying any part of
_Surgery_, except _Tooth-drawing_) it is evident the _Legislature_
did not consider them as _real_ Surgeons, nor could intend their
_Improvement_ in a Science they were _forbid_ to _practise_, so
that the Circumstances of Things are _not_ altered from what they
_then_ were, or from what they manifestly were _designed_ to be; and
therefore the _Barbers_ having no Relation to the _Surgeons_, or
their Art (as it was _then_ deemed no _Objection_ to their _Union_)
cannot _now_, with any Propriety, be insisted on as a _Reason_ for
their _Separation_.

[373] _3 H. 8. Ch._ 11. No Person within the City of _London_, nor
within seven Miles, shall occupy as a _Surgeon_, except he be first
examined, approved, and admitted by the Bishop of _London_ or Dean of
St. _Paul’s_.

[374] _32 H. 8. Ch. 42. Sect. 3._ No Person within the City of
_London_, Suburbs of the same, and one Mile Compass of the said City,
using any Barbery or Shaving, shall occupy any Surgery, Letting of
Blood, or any other Thing belonging to Surgery, Drawing of Teeth only
except.

With regard to the _Inconveniences_ complained of, as the Charge
is _general_, this _general_ Answer only can be given, That the
_Barbers_ have always, with the greatest Deference, _submitted_ to
the _Surgeons_ in all Matters _peculiar_ to them, and chearfully
contributed, out of their _common_ Stock, towards every Expence
which _they_ have declared necessary for the Honour or Advancement
of _their_ Profession. And since _none_ of these Inconveniences have
been of Consequence enough to deserve being _particularly_ pointed
out, we may venture to pronounce them _inconsiderable_, and unworthy
the Attention and Redress of _Parliament_; and the rather, as _all_
of them put together, have not prevented the _Surgeons_ of _London_
from carrying the Improvement of their Art, both in Speculation and
Practice, to a greater Height than has been done in any other Place
or Nation.

That the frequent Meetings of ingenious Men, and their free
Communications on the Subject of their Profession, may tend _to the
Benefit of Mankind in general, and to the Honour of their Country
in particular_, is not denied: But surely the Constitution of the
_united_ Company is no obstacle to these laudable Purposes. The
_Barbers_ have for many Years, at their Monthly Courts, submitted
to _withdraw_ at a stated Hour, and _resigned_ the Parlour to the
Surgeons: And if this _Condescension_ is not supposed to afford
them _sufficient_ Time for Conversation on these _particular_ Days,
nothing _hinders_ them from holding _seperate_ Assemblies at the Hall
almost _every_ other Day in the Year.

As to what is said to have been done at _Paris_, _Edinburgh_, and
_Glascow_, no _particular_ answer can be given, unless it appeared
by what _Means_, for what _Reasons_, and upon what _Terms_ the
_Separations_ in those Places were brought about. In _London_
there are but two Instances of Separations of Companies, _viz._
that of the _Feltmakers_ from the _Haberdashers_ in 1604, and that
of the _Apothecaries_ from the _Grocers_ in 1617; but both these
were effected by _mutual_ Consent, without the Intervention of
_Parliament_; and it may be proper to observe, that the Feltmakers
miscarried in a former Application for an exclusive Charter in 1576
for _want_ of the Haberdashers Consent.

Upon the whole, therefore, the _Barbers_ humbly hope the forgoing
Reasons will be deemed _insufficient_ to induce the _Legislature_
to destroy an _Union_ they _themselves_ thought proper to _form_,
an Union which two hundred Years Existence has rendred _venerable_,
and which, by the _Improvements_ above-mentioned, appears to have
answered all the _Purposes_ for which it was established.

But if for _other_ Reasons (which the _Surgeons_ say _may_ be
given) the Parliament shall be inclined to favour them in _this
part_ of their request; the _Barbers_, from the scrupulous Regard
and Tenderness which that _August Assembly_ has always shewn for
_private Property_, cannot but hope they shall be _continued_ in the
Enjoyment of _all_ their present Possessions, without any _Division_
whatsoever, and that, for the following Reasons:

_First_, Because most of the _united_ Company’s Lands and Tenements,
(particularly the Site of their _Hall, Parlour, &c._) originally
belonged to _them_, and by the uniting Act[375] seem with great
Justice to have been intended to remain to their _sole_ and
_separate_ Use, tho’ in fact the _Surgeons_ have hitherto been
_indulged_ in the _equal_ Enjoyment of them with the _Barbers_.

[375] _32 H. 8. Ch. 42._ The united Company shall have, possess, and
enjoy, to them and 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.

_Secondly_, Because the _Surgeons Share_ of what may have been
acquired _since_ the Union, will scarce be an _adequate_ Recompence
to the _Barbers_ for the above _Indulgence_, much less for
the unmerited _Loss_ of a Brotherhood now so _honourable_ and
_advantageous_ to them.

_Thirdly_, Because the Expenses of the _Barbers_ when _distinctly_
incorporated, can fall but very little, if any thing, short of those
of the _united_ Company, so that a Reduction of _Income_ must subject
them to very great Difficulties, which (considering that _they_
neither desire, nor have given the _Surgeons_ just Cause to desire a
Separation) would be extremely hard and unreasonable.

_Lastly_, Because the present _flourishing_ Condition of the
_Surgeons_, (the only _real_ Alteration in the Circumstances of
Things) will sufficiently enable them to support the Dignity of their
_new_ and _favourite_ Institution with becoming _Splendor_, without
distressing their _less happy_ Brethren the _Barbers_.