Chapter IV: Preface (4)

1493. On the 12th July in this year, an agreement was entered into between the Barbers’ Company and the Surgeons’ Guild which would indicate that the two bodies were now on amicable terms, working harmoniously for the increase of the credit of the profession, and for the correction of inexperienced surgeons and empirics. This “Composition” is of so interesting a nature that it is here given in full, as extracted from the fine old Book of Ordinances at the Hall; it did not unite the two bodies in any way beyond this, that they agreed to follow the same rules and practice with regard to the government of all Surgeons; that each guild was to choose two Wardens, and that the four so chosen were to act in a conjoint capacity as rulers or masters in matters surgical, and thus comprehend all Surgeons, whether of the Barbers’ Company, the Surgeons’ Guild, or “foreyns.”

This present wrytyng endentyd of copˀosicyons made the xij{th}
day of July iˀ the zere of owyr lord God M{t}CCCClxxxxiij and the
viij{th} zere of the reyne of kyng harry the vij{th} William Martyn
then beyng mayre of this cyte of london betwyxt the ffelishippis of
surgeons enfraunchesˀ w{t} in the cyte of london on that on p’ty
And the felishippis of barbours surgeons and surgeons barbours
enfraunchessid iˀ the seyd cyte on the other parte witnesyth that
the sayde felyshippys of ther comon assent and mere moc̃yons ben
c͠odescẽdyd and agreyd togethir the day and the zere aboue sayd, in
mañ and fourme folowyng. That is to sey that eũy pˀson and pˀsons of
the faculte or scyens of surgeons admyttyd and sworne to eyth̃ of the
sayde felyshippis from hens forward shall stond and a byde w{t} ther
felyshippis as they now do and dyd before thys present composicyon.

Also that from hens forth non of the sayde felyshippis shall admyt
nor reseyue in to ther felishippys any alyent straungˀ or foreyn
vsyng the sayde faculte or scyens of surgery w{t}owten knowleg or
c͠osent of the wardẽs of bothe the seyd felishippys. All so for the
welth and suerte of the kyngꝭ lege people And the honour of the
seyde felyshyppys, It is agreyd be twyxt the same two felyshippis
that non alyent straunger nor foreyn shall use nor ocopy the seyde
faculte or scyens of surg̃y withyn this cyte or subbers of the same
unto such tyme as he shewhym selfe to the mayer for the time beyng,
and by the iiij wardeyns of bothe the saide felishippis, that is to
sey of eyth̃ of the sayde felishippis, tweyn, and othˀ suche as by
theyr wysdomys they will call vnto them, be dewly examyned & approuyd
to be sufficyent of conyng and habilyte in the sayde faculte. And
yf any such pˀson or pˀsones bi the sayde iiij wardens as is afore
sayde be taken reputed and a lowed to be sufficient of konyng and
habylite iˀ the seyd faculte or scyens of surgery that then the pˀson
or pˀsonys so knowen and admyttyd shall be sworne to all the good
rewlys and ordenans of y{e} seyd faculte or scyens of surgery, and
to be under the coreccyon of the iiij wardens for the tyme beyng to
the entent that at all tymes he may be under dwe coreccyon for the
sauegard of y{e} kyngis lege people. And if any suche alyent straungˀ
or foreyn of pˀsumcon refuse to be examyned of the seyde wardens in
mañ & fourme as is a fore seyd, Or yf any suche straunger or foreyn
so examyned be the seyde wardens be Juged onsufficient of conyng
and neũtheles takyth upon hym to occupy or vse the seyde faculte of
surg̃y w{t}yn the seyde cyte or subbars of the same, Then take the
name of hym or them so doyng and pˀsent hym by the sayd iiij wardens
to the mayer for the tyme beyng, to the entent that by his wysdom,
and advice of hys honerabyll brethern may set suche direccyon as
shall be thought resonabil formacion[64] therof, restrayne hym from
the ocupac̃on of the same scyens w{t} in the sayde cyte. Also it
is agreyd and cõpoundyd betwyxte the sayde felyshippys that from
hensforth eũy of the seyde felyshippis and seũally by them selfe,
Chese of themselfe two discrete pˀsons usyng the fete of surgery to
be seũally wardens of the sayde seũall felishippis, and that these
iiij wardens for the tyme beyng when and as oftyn as nede shall
requere, Shall haue the syght and good gounaunce of the seide faculte
of surgery. And eũy pˀson or pˀsonys of eũy of the sayde felyshippis
that happenys or shall fortune to haue any Jeopˀde[65] or dowtefull
cure, dredyng deth or mãy,[66] he or they hauing at eny tyme to
come, shall shew and pˀsent the cure or curys in as short tyme as
nede shall be reqˀred, And at the leste at the thyrde dressyd[67]
to the saide iiij wardens for the tyme beyng, Or any other pˀson or
pˀsonys that is to seye, to one of yche of the seyde felishippis,
and the same wardens and yf them seme nedefull shall call unto them
ij or iij, or more if nede reqˀre, of the wysest and best expˀte
mẽ of the said felishippis occupyeng the saide faculte of surgery
as them semeth most expedyent, for the cause or causis aforesayde.
Also in this coposycion yt is ordeyned and agreyd, that none of
the iiij wardens for the zere beyng neyther any other pˀson of the
sayde felishippis ocopyeng the crafte of surg̃i, Put any man of thes
sayde felishipis oute of ther cure otherwyse then the honeste of the
crafte wolle, but that yche of them be redy to helpe eche other w{t}
counsell or deed, y{t} worship profyte and the honeste of the crafte,
and helpyng of the seke be had and done on all sydis. And if ony of
thes iiij wardens for the tyme beyˀg or any other pˀson or pˀsonys
of the seyde felyshippis do the cõtrary that eche suche doer content
the valvyr[68] of the cure, After discressyon and Jugem̃et of the
same iiij wardens for the zere beyng, And also for his trespas to
paye aftur discression and Jugem̃et of the iiij wardens. Also if any
pˀson of the sayde felishippis dislaunder or depute any of the saide
felishippis onrightfully ownonestly and ef it so maye be prouyd upon
hym by two or thre witnesse, that he paye for that trespas iij{s.}
iiij{d.}, and ouer that to make amendis to y{e} seide pˀsons the
whiche he hath so disslaunderd aftur Jugement of onest men of the
seyd felyshippis not founden in non suche defaute.

[64]? “For reformation.”
[65] Jeopardy.
[66] Maiming.
[67]? “Day” or “dressing.”
[68]? “Value.”

This pˀsent cõposicyon was made the daye and zere a bowe wreton by
Roberd taylour, Rob{t.} Halyday, Thom̃s Koppisley, Thom̃s Thornton,
Ihoñ Harte, Johñ Marhm̃, Roberd Beuerly, James Scote, James
Ingoldysby, Johñ Taylour, Richard Swedenhm̃, Nicholas Leueryng, John
Wilson. In rowlid in Raffe Osterigis tyme, mayer.

Of the persons assenting to this composition, the following were Barber-Surgeons, viz.: Rob{t.} Halyday (Master 1475, 1483, 1485, 1490, 1496), James Scott (M. 1493, 1498, 1500), James Ingoldysby (M. 1501, 1506), John Taylour (M. 1523, 1524), and Nicholas Leveryng(M. 1503, 1508), the others were most likely belonging to the Guild of Surgeons.

An Ordinance by way of addenda to the above was made, imposing penalties upon any who should break any of the foregoing rules; the first offence to be punished by a fine of 10_s._, the second 20_s._, and the third offence to be remitted to the Mayor and Aldermen for punishment after their discretion.

How long this agreement, so beneficial for the practice of Surgery, continued in force is unknown; but the probabilities are that the old jealousies soon re-appeared and that each Guild worked on its own lines until 1540, as, by the uniting Act then passed, it was specially remarked as desirable that the two Companies should come together, and be incorporated in one.

1497. We shall now present to the reader’s notice a highly important document, being a diploma granted by the Master and Wardens of the Barbers’ Company to one of their freemen, enabling him to practise as a Surgeon. This is in all probability the earliest English diploma of a Surgeon extant and cannot fail by the quaintness of its composition, and the details given, to prove of much interest. We notice in it, that our Company as usual, did not fail to rehearse its prerogatives and practice, and we also observe that thus early the Company provided an instructor and examiner in the science, Dr. John Smith, before whom came in the Common Hall, Robert Anson, and in the presence of a “great audience of many right well expert men in Surgery and others, was openly examined in divers things concerning the practice,” etc.

THE LETTˀ PAT̃E OF BˀBOURS & OF SURGEOS BˀBORS.

To all trew crysten people to whom thes present lettris shall come.
ROBERD HALIDAI[69] mastur of barbours and of surgeon barbours of
london, and Willm̄ Okeley, John Knote[70] and Thomas Dawes[71]
wardens of the same gretyng, knowe ye that wher as the moste
excellent Pryns in cryst and soũeyn lord Edward by the grace of god
kyng of ynglõd and of ffraunce, lord of Ierlond, for many pˀfounde
cos̃ideracyons his gc̃e movyng, hathe grauntyd the well to hym ĩ
cryst, the approuyd fremen the coiãlte of barbours and of surgeon
barbours of the cyte of londõ, The serche and oũsyght correcyon
and ponyshement, examinacon & approbacion of all fremen usyng or
hauntyng the conyng of surgery and barbory, And of all maner of men
foreyns usyng or hauntyng any pˀticuler pˀte of surgery withyn the
seyde cyte or subbers ther of, As a bowte new woundys, olde soris,
and other lesyons what so eũ they be, Also in drawyng of teeth
ventosyng scarificacons and suche othˀ manwall operac̃ons, lyke as
the lettres patentes of owre seyde lege lord the kyng ther upon made
planyly may apere. We therfore the saide Roberde, Willm̄, John̄ &
Thom̄s at this tyme masturs and wardens of the saide felishyp, ffor
the comyn pˀfyte weth[72] and relefe socour of owr lordis the kyngꝭ
lege people, entẽdyng to pˀuyde men of good capasite and abill ĩ
maners and conyng, sufficiently lerned, enfourmed, and labored by
long experyens, and other in the seide craft of surgery,--haue prayed
and requyred mastur John̄ Smyth doctour ĩ phesik, Instructour &
examener of the seide feliship, and be[73] the same for that intent
chosen and elect to entur & examynacyon for the cawses a boue saide,
w{t} divers pˀsons whiche long tyme, w{t}owte auctorite, haue vsed
and haunted w{t} experyens the conyng of surgery, wheruppon aftur
dewe and dyuers monycions made in this be halue, ROBERD ANSON on of
the seide coĩalte at the comyn hall of the same ĩ london appered, ĩ
his pˀpyr pˀson, the first day of August last past, submyttyng hym
selfe to the examync̃on and thaposicion,[74] wher and when the seide
Roberd by the sayde John̄ Smyth, in a gret audiens of many ryght well
expert men ĩ surgery & other, was op̃yly examyned ĩ dyuers thingꝭ
cõcernyng the practise opˀatife and directif in the seyde crafte of
Surgery. And the{r} albe it he hathe a fore this many tymys been well
approuyd, ʒet now he is newly habelyd, be[75] the seyde doctour and
felyship, and founde abyll and discrete to ocopy & vse the practise
of surgery, as well a bowte new woundis, as cansers, fystelis,
vlceracions & many other disessis & dyuers; & the same Robert thus
aprouyd and abelyd we haue, as an expert man ĩ the seyd faculte,
aprouyed and abeled to ocupy & practyse in the seyd faculte, ĩ eũy
place, when and as ofte as hym best lyketh we haue lycensid hym and
graũtid to hym by thes pˀsentes. ĩ witnes wherof we haue putte the
comyn seale of barbours and of surgeon bˀbours of london, geuen at
london ĩ the comyn hall of the seyd Comõnalte the viij day of August
the zere of oure lord god M{t}CCCClxxxxvij.

[69] Master 1475, 1483, 1485, 1490, 1496.
[70] Master 1510.
[71] Master 1504.
[72] Wealth.
[73] By.
[74] “The apposition”==the questioning.
[75] By.

1499. In this year the Company obtained from Henry VII a confirmation of their Charter, paying but 20_s._ for the same. This Inspeximus Charter recites and confirms that of Edward IV with the very noticeable exceptions, that four Masters or Governors are named instead of two, and that they are described as of “the Mystery of Barbers and Surgeons,” and not “Barbers” only, as in Edward’s grant.

The original, in excellent preservation, with the great seal of England pendant, is at the Hall, and the text is as follows:--

HENRICUS dei gracia Rex Anglie Francie & Dominus Hibernie Omnibʒ
ad quos pˀsentes littere pervenerunt, salutem. Inspeximus litteras
patentes recolende memorie domine E. quarti nuper Regis Anglie
progenitoris nostri factas in hec verba. EDWARDUS dei gracia
. . . . . . . . Teste me ipso apud Westmonasteriũ vicesimo quarto die
Februarii Anno regni nostri primo. NOS AUTEM litteras predictas ac
omnia & singula in eis contenta rata habentes et grata ea pro nobis
et heredibus nostris quantum in nobis est acceptamus & approbamus
ac dilectis ligeis nostris Rico Haywarde Jacobo Holand Johanni
Robertson et Johanni Boteler nunc Magistris sive Gubernatoribʒ
mistere BARBITONSOꝜ et SIRURGICOꝜ infra Civitatem nrãm predc̃am
& eoꝜ Successoribʒ per pˀsentes ratificamus et confirmamus sicut
lrẽ predc̃e rõnabilis testantˀ IN CUJUS rei testiom̄ has lr̃as
nr̃as fieri fecimus patentes. TESTE me ip̃o apud Westm̄ quinto die
Decembris Anno regni nostri quinto decimo.

CLERK.
pro viginti solidis solutis in hanaperio.

(Endorsed.)

Intratur in libro signato cum lr̃a. m. tempore Nich̃i Alwyne
maioris Civitatis londoñ Anno Regni Regis Henrici septum quinto
decimo.

PAKENHAM.

TRANSLATION.

HENRY by the grace of God, King of England and France, and Lord of
Ireland, To all to whom these present letters shall come, health. WE
have inspected the letters patent of the Lord Edward the fourth, of
gracious memory, late King of England, our progenitor, made in these
words, “EDWARD by the grace of God . . . . . . . . Witness my self
at Westminster the 24th day of February in the first year of our
reign.” WE ALSO, the aforesaid letters, and all and singular therein
contained ratifying and granting, for us and our heirs, as much as
in us lies do accept and approve, and to our beloved lieges, Richard
Haywarde, James Holand, John Robertson, and John Boteler, now Masters
or Governors of the Mystery of BARBERS and SURGEONS within our City
aforesaid, and to their successors, by these presents, do ratify and
confirm, as in the aforesaid letters is reasonably testified. IN
WITNESS whereof, we have caused these our letters to be made patent.
WITNESS myself at Westminster the fifth day of December in the
fifteenth year of our reign.

CLERK.
for twenty shillings paid into the hanaper.

(Endorsed.)

Entered in the book marked with the letter m. in the time of
Nicholas Alwyne, Mayor of the City of London, in the fifteenth
year of the reign of King Henry the Seventh.

PAKENHAM.

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 y{e} 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.

In one of our Minute Books, Thomas Knot (Master 1555) has transcribed what purports to be a copy of Henry’s Inspeximus Charter with the date 12{th} of May “in the xviij{th} yere of our Reigne” (_i.e._, 1526), and he appends a certificate that he has compared and agreed it with the original! Now we possess the original at Barbers’ Hall and it is dated 12{th} March 3{rd} Henry VIII (_i.e._, 1512), and it would indeed be a strange thing for Henry VIII in 1526 to recite and confirm Henry VII’s Charter, when he had already done so in 1512. Moreover I have searched the Patent Rolls and whilst there is no record in 1526, there is the entry of the 1512 Charter, and further to fix the date, both Philip and Mary, and Elizabeth in their Inspeximus Charters recite the 1512 Charter.

It has been necessary to enter into this detail, as the date of the Charter is important when we come to consider Holbein’s picture; and as my friend Mr. D’Arcy Power has (p. 338) quoted this pretended Charter not having seen the real one, he, very naturally trusting old Thomas Knot’s statement, has fallen into the pit dug some three hundred years ago.

The following is the Text of the Charter, and it will not be necessary to append a translation, as it follows much on the same lines as that of Henry VII:--

HENRICUS dei gracia Rex Anglie et Francie et Dominus Hibernie OMNIBUS
ad quos presentes Irẽ pˀvenerunt saltmˀ INSPEXIMUS litteras patentes
domini H. nuper Rˀgis Anglie septum patris nostri precarissimi de
confirmacione factas in hec verba HENRICUS dei gracia . . . . . .
Teste me ip̃o apud Westmonasterium quinto die Decembrˀ Anno regni
nr̃i quinto decimo. NOS AUTEM litteras predictas ac omnia & singula
in eisdem contenta rata hentẽs & grata ea pro nobis & heredibus nr̃is
quantum in nobis est acceptamus & approbamus ac dilectis ligeis
nr̃is Johĩ Peerson Wil̃l̃o Kyrkeby Thome Gybson & Thome Martyn nunc
Magistris sive Gubernatoribus mistere BARBITONSORUM et SIRURGICORUM
infra Civitatem nrãm predictam & eorum successoribus per presentes
ratificamus & confirmamus sicut lrẽ predicte rõnabiliter testantur.
IN CUJUS rei testimonium has lrãs nrãs fieri fecimus patentes. TESTE
me ip̃o apud Westmonasterium duodecimo die Marcii Anno regni nr̃i
tercio.

YONG.

pro viginti solidis solutis in Hanapˀio.

The Great Seal, though still pendant, has been considerably damaged.

1525. This year the Company received a Precept from the Mayor, ordering them to provide for the “Midsummer Watch.”

TO THE WARDENS OF THE BARBER SURGEONS,

We woll and charge you that for the hounour of this Citie ye do
ordeyne & pˀpare ageinst the watches to be kept within this Citie in
the nightꝭ of the vigilles of Sent John Baptist & Seint Peter nowe
next comynge iiij honest & comely pˀsones suche as ye will answere
for, w{t} Bowes & arrowes clenely harneysed and arrayed yn Jakettꝭ of
whytte, havynge tharmes of this Citie, to waytte and attende uppon us
in the said Watches, And to come to Blackwell Hall and there to be,
for the not fayllynge hereof as ye tendre the honour of this Citie
and also will answere at your pẽlls. Gyven in the Guihall of the
said Citie the xiiij day of Junij the xvij year of the Reigne of our
Soveraigne lorde King Henry the viij{th.}

An Act of Parliament was passed in the 20th Henry VII, which provided that the governing bodies of Guilds should not make any by-laws or ordinances, without the same should be approved by the Chancellor, the Lord Treasurer, and the Chief Justices of the King’s Bench and Common Pleas, or any three of them, etc., and in 1530 our Company, being desirous of settling many points for the government of the mystery, drew up a long set of interesting Ordinances, which were presented to Sir Thomas More the Chancellor, Sir John Fitzjames and Sir Robert Norwiche the Chief Justices, and were signed by them on the 14th May, 1530. The original (with More’s autograph) is at the Hall, and after reciting the Act of 20th Henry VII, ordains the following oaths and articles:--

The oath of a freeman.
The oath of the Masters and Governors with directions as to searches.
Ordinance as to attending on summons.
" " quarterage.
" " presentation of apprentices.
" " number of servants to be kept by freemen and
liverymen.
" " wages of servants.
" " enticing away of servants.
" " opening shop.
" " teaching the mystery to any but apprentices.
" " sueing brother freemen at common law.
" " “opprobrios condicions or dishonest wordes.”
" " refusal to come on the Livery, and admission into
the Livery.
" " Sunday trading.
" " presenting patients in danger of death.
" " reading Lectures concerning Surgery.
" " supplanting another of his patient.
" " the Dinners.
" " excess of words in debate.
" " departing from the Common assembly.
" " seniority.
" " Barbers setting up shop.

Sir Thomas More’s Ordinances, as above, will be found in full in the Appendix B, the transcript being made from the original.[76]

[76] The copy of these Ordinances given by Mr. D’Arcy Power (p. 339) is taken from one made by our old friend Thomas Knot, and is not literally, though it is substantially, accurate.

1540. This year is one of the most memorable in the annals of the Barber-Surgeons, as it witnessed the union of the unincorporated Guild of Surgeons, with their more accredited fellow-craftsmen, the incorporated Company of Barbers. It has been suggested by more than one writer that such an union is shrouded in mystery, difficult of explanation, and that in those days, with science advancing (slowly, it is true), it might have been expected that we should read of a divorcement, rather than a combination of two crafts, which then, as now, were dissimilar both in their operations, and in the training and intelligence necessary for their practice.

But it is essential to bear in mind that though the Charter of Edward IV was ostensibly to the Barbers, it really was granted to a fraternity, which to a great extent practised as Barber-Surgeons, some of whom were Surgeons pure and simple, others combined both branches, while others still carried on the more humble craft of Shavers and Hair-Dressers; those of the Company who practised Surgery did no doubt consider it a reproach to be dubbed “Barbers,” and for distinction sake called themselves and were well known as “Barber-Surgeons,” indeed they had so far established this title to themselves and to their Company, as to get it recognised and so named in the Inspeximus Charter of Henry VII (less than forty years after their original Charter as “Barbers” had been granted to them). This is to a great extent confirmed by the words of the Act now about to be referred to, which distinctly says that there was then a Company of “Surgeons occupyinge and exercisynge the sayde scyence and faculty of surgery . . . . . . commonly called the Barbours of London.”

The Union therefore was not a joining of Barbers with Surgeons (THAT had existed from the earliest times), but was the consolidation of the “Guild of Surgeons” with another body of Surgeons who were incorporated, and practised under the name of “Barbers” in conjunction with actual working Barbers; and, as the Act provided what the Surgeons should and should not do, and the like as to actual Barbers, limiting their operations also, most if not all difficulty and apparent incongruity in the union seems to vanish.

The Act (32 Hen. VIII, cap. 42) which will well repay perusal, settled the Barber-Surgeons in their corporate capacity for many a long year; under it the old rival society disappeared, it being declared that the two Companies should be united, so that by their assembling together, the science of Surgery might be fostered and improved; whereupon it was enacted that they should be incorporated under the style of “THE MAISTERS OR GOVERNOURS OF THE MYSTERY AND COMMINALTE OF BARBOURS AND SURGEONS OF LONDON.” The property of the old Company of Barbers was handed over to the new Corporation (the Guild of Surgeons are not said to have had any property to bring into the new concern). The usual grant of a common seal, of power to plead and to be impleaded, to hold lands, etc., will be seen at large in the Act. The Surgeons of the Company were to be exempt from bearing armour or being put into watches and inquests. The dead bodies of four malefactors were assigned to the Company yearly for dissections. And, inasmuch as various persons exercising the faculty of Surgery used to take into their houses for cure, people afflicted with the pestilence and other contagious diseases and “do use or exercise barbari, as washynge or shavyng and other feates thereunto belonging,”[77] the same was declared “veraie perillous,” and it was enacted that no one using the faculty of Surgery should practise Barbery, and that no Barber should practise any point in Surgery, the drawing of teeth only excepted. The Surgeons were to exhibit a sign in front of their houses, and no Barber was to exercise his calling unless free of the Company. Four Masters were to rule the Company, whereof two were to be Barbers and two Surgeons. A penalty was named for offenders against the articles, all were to pay scot and lot, and private persons might keep their own Barber or Surgeon, without interference by the Company.

[77] Here we have the common practice of the joint craftsman, the “Barber-Surgeon,” clearly indicated.

The Act was passed on the 24th July, 1540, and will be found in Appendix C. being taken from the original Black-letter copy in the Author’s possession.

We now refer to the Company’s chief treasure, the Holbein picture, and are at once met with a difficulty; does it represent the _granting of a Charter_ to the Company? if so, the year was 1512; or does it illustrate the union of the Barbers and Surgeons by _Act of Parliament_? if so, the year was 1540.

The picture exhibits a Charter with the Great Seal pendant, and has always been popularly known and described as the “granting of the Charter to the Barber-Surgeons.” On the other hand, however, the King was but 21 years of age in 1512 and 49 years in 1540, which latter age accords with the picture; moreover, Vicary, Ayleff, Harman, and the others represented, were members of the Court in the latter year, but not in 1512. These considerations are sufficient to demolish the “Charter” theory, and point to the hypothesis that it is the Union of the Barbers’ Company with the Guild of Surgeons, accomplished by Act of Parliament in 1540, which is _commemorated_, but then we must admit a licence on the part of Holbein (which deceived no one at the time), when he indulged his artist’s fancy by putting into the King’s hand a Charter with seal pendant, instead of an Act of Parliament, which latter would not indeed have been the King’s function to hand to the Company, and would probably, if represented, have been depicted as a mere roll, and not therefore so artistic or effective as a Charter with a Seal in the King’s hand.

The Act received the Royal Assent 25th July, 1540; this would be towards the close of the year of John Pen’s mastership. Vicary, who is receiving the Instrument, was Master from September, 1541, to September, 1542; there is every probability that the painting was executed during his year of office, and that is why Holbein paid him the compliment of putting him in the chief position in the painting, which after all was intended, not as a strictly historical, but rather as a commemorative picture.

The picture is 10 feet 2 inches long by 5 feet 11 inches high, painted on oak panel and contains nineteen figures; it represents a room in the palace (said to have been Bridewell), which is hung with beautiful tapestry and appears to have been gilded; the King is seated on a throne, his age apparently about fifty, the complexion florid, the hair sandy, the eyes small but animated and restless; the expression on the countenance is impatience, and he seems thrusting the document hastily into the hand of Thomas Vicary, who receives it kneeling, on his left; the face altogether might be pronounced handsome, were it not for the low forehead and contracted eyebrows; he has on his left thumb a signet ring, and other rings on the first and fourth fingers of his right hand with which he holds a sword of state resting on his knee; on his head is a jewelled crown; on his left leg the garter, and round his neck the collar of the Order; the mantle is short and of crimson velvet; all these ornaments are most beautifully executed and are as fine as miniature painting; every hair of his head is distinct, and the texture of his robe is finely given; his impatience seems to have warmed him, and the rising colour flushing over his face is most admirably painted. On the King’s right are three grave and closely shaved personages on their knees. The first is Dr. John Chambre, one of the Royal Physicians, he is represented in a skull cap and furred gown, the sleeves very large and in which his hands are enwrapped; from the expression of his countenance it would seem that he was anything but pleased with the provisions of the Act, as the face has a sullen and discontented look; next to him is the celebrated Dr. William Butts, also one of Henry’s Physicians, and behind him is Thomas Alsop, the Royal Apothecary, his hair is long and lank, and features coarse and hard.

On the King’s left are fifteen members of the Court on their knees, and in livery gowns, evidently specially sumptuous for the occasion, being of brocaded or damask silk, trimmed with fur, and each man wears a livery hood of red and black upon his shoulder. The first of these is Thomas Vicary, Serjeant-Surgeon, who wears a gold chain; next comes Sir John Ayleff, Surgeon to the King, also with a gold chain and a ring on his finger, the next is Nicholas Simpson, King’s Barber, who, like Vicary and Ayleff, wears a skull cap, all the others have their heads bare. Then comes Edmund Harman, King’s Barber, and one of the Witnesses to Henry’s Will, he wears a gold chain; next him is James Monforde, King’s Surgeon, then John Pen, the King’s Barber, and Nicholas Alcocke; the expression on the countenances of all these men is grave and solemn; the next, Richard Ferris, who has a somewhat merrier face, and was also King’s Surgeon, completes the front row. The moustaches and beards of the whole, including the King, would appear as if they had had great care and attention bestowed upon them. Of the remaining seven figures in the back row, the names of but two have been preserved, viz., Christopher Salmond and William Tilley.

This picture of Holbein’s is not surpassed, if indeed it is equalled, by any other of that master, every part is most elaborately and delicately finished; the position of none of the figures is constrained, and there is no attempt at theatrical effect, yet every person represented is in action, the colouring is chaste, and kept down, nor is there any of that hardness and stiffness often observed in Holbein’s pictures. Its reputation has been truly said to be world-wide, whilst it has been eulogistically described by some one to be “as glowing as a Titian, and minutely faithful as a Gerard Dow.”[78]

[78] Part of the above description has been adapted from an anonymous paragraph, which I found interleaved in Allen’s History of London, at the Guildhall Library.

The names of the persons represented have been somewhat rudely affixed to their effigies, probably a few years after the picture was painted, and whilst we cannot but deplore the disfigurement, it is more than compensated for, as the means of identification of so many of our illustrious predecessors. The tablet, with inscription, has been said to be of later date than Holbein’s work, and to have been painted over a window, through which was once seen the old church of St. Bride; this, however, is most improbable, as it is personally dedicatory to Henry. The inscription is as follows:--

HENRICO OCTAVO OPT MAX: REGI ANGLIÆ FRANCIÆ
ET HIBERNIÆ FIDEI DEFENSORI AC ANGLICANÆ HIBERNICÆQ
ECCLESIÆ PROXIME A CHRISTO SVPREMO CAPITI SOCIETAS
CHIRVRGORVM COMMVNIBVS VOTIS HÆC CONSECRAT.

TRISTIOR ANGLORVM PESTIS VIOLAVERAT ORBEM
INFESTANS ANIMOS CORPORIBVSQVE SEDENS
HANC DEVS INSIGNEM CLADEM MISERATVS AB ALTO
TE MEDICI MVNVS JVSSIT OBIRE BONI
LVMEN EVANGELII FVLVIS CIRCVMVOLAT ALIS
PHARMACON AD FECTIS MENTIBVS ILLVD ERIT
CONSILIOQ TVO CELEBRANT MONVMENTA GALENI
ET CELERI MORBVS PELLITVR OMNIS OPE
NOS IGITVR SVPPLEX MEDICORVM TVRBA TVORVM
HANC TIBI SACRAMVS RELIGIONE DOMVM
MVNERIS ET MEMORES QVO NOS HENRICE BEASTI
IMPERIO OPTAMVS MAXIMA QVE QVE TVO.

TRANSLATION.

To Henry the Eighth, the best and greatest King of England, France,
and Ireland, Defender of the Faith, and next to Christ, supreme
head of the Church of England and Ireland, the Company of Surgeons
dedicate these, with their united prayers.

A grievous plague had ravaged the region of England,
Afflicting man’s spirits and penetrating his frame;
God, pitying from on high this remarkable scourge
Commanded thee to perform the office of a good physician.

The light of the gospel flies around on glowing wings,
This will be the balm to enfeebled minds:
Whilst the disciples of Galen meet to raise a monument to thee,
And all disease is swiftly dispelled by thy power.

We, therefore, a suppliant band of thy Physicians,
Solemnly dedicate this house to thee,
And mindful of the favour with which thou, O Henry, hast blessed us,
Invoke the greatest blessings on thy rule.

The following fragmentary notices of the persons represented in the picture, will be found of some interest.

The first figure to the left is Thomas Alsop; he was the King’s Apothecary, and Henry VIII, by his will, left him 100 marks.

Next to him is Dr. William Butts, one of the King’s physicians, ever famous for his memorable interference with the King on behalf of Archbishop Cranmer in 1544, when the Roman Catholic party in the Council endeavoured to procure Cranmer’s committal to the Tower. A full account of this incident will be found in Strype’s Memorials of Cranmer (Oxford Ed., 1812, pp. 177-181), and Shakespeare in his play of Henry VIII (act v., sc. 2) has also graphically described it. Cranmer’s Secretary, aware of Butts’ great influence with the King, sent for the Doctor, and acquainted him with the slight which had been put upon the Archbishop by keeping him standing in the ante-room of the Council Chamber among lacqueys and servingmen, upon which Butts immediately repaired to the King, and said:--

“I’ll show your Grace the strangest sight,
The high promotion of his Grace of Canterbury:
Who holds his State at door, ’mongst pursuivants,
Pages and foot boys.”

whereupon Henry replies,--

“Ha! ’tis he indeed!
Is this the honour they do one another?
’Tis well there’s one above them. Yet, I had thought
They had parted so much honesty among ‘em
(At least good manners) as not thus to suffer
A man of his place and so near our favour,
To dance attendance on their lordships’ pleasures,
And at the door too, like a post with packets,
By Holy Mary! Butts, there’s knavery.
Let them alone, and drawn the curtain close:
We shall hear more anon.”

Henry spoke his mind so freely to the Council, that they one and all shook hands with the Archbishop, and, as Strype says, “Never more durst any man spurn him during King Henry’s life.”

Dr. Butts must have had the best practice of any man of his time; there are several references to him among the State papers at the Record Office, of which the following are a few examples, and indicate that his patients were the aristocracy of the day.

25th May, 1524. Among the funeral expenses of Sir Thomas Lovell,
K.G., is this item:--“To John Hewson, riding to Cambridge, to fetch
Dr. Buttes when my master was sick, 4_s._ 8_d._”

28th April, 1525. The Duke of Norfolk, writing to Cardinal Wolsey,
says that last night at 7 o’clock the Lord Marney was “drawyng the
draghts of deth, and Mr. Butts determyned he shuld not lyve after 5
owrys” (hours).

14th October, 1525. A warrant was signed by Wolsey, directed to Sir
Andrew Windsor, for delivery to Dr. Butts, who had been appointed
physician to my lady Princess, of a livery in blue and green, in
damask for himself, and in cloth for his two servants.

17th May, 1528. In a letter from the Duke of Norfolk to Wolsey, the
Duke says that Mr. Butts had come to him from the King, without whose
aid he thought that he should not have recovered from his sickness.

23rd June, 1528. In a letter from Brian Tuke (to Cardinal Wolsey) he
speaks of an infection which had been much about of late, and how the
King told him that Mistress Ann Boleyn and my lord Rochford both have
had it; what jeopardy they have been in, by the turning in of the
sweat before the time; of the endeavour of Mr. Buttes who hath been
with them in his return; and finally of their perfect recovery.

19th January, 1530. A letter from De Augustinis, written from the
palace at Esher, to Cromwell, desires that Dr. Butts or Dr. Walter
Cromer may be sent to the Cardinal and requesting that Balthazar the
physician, may be spoken to, to obtain some leeches; no time was
to be lost and the doctors were to bring with them some vomitive
electuary.

Dr. Butts was a personal friend of Henry’s, who, in 1537, granted him the manor and advowson of Thornage, in Norfolk. He died 17th November, 1545, and lies buried in Fulham Church, where there is (or was) a monument to his memory.

Next to Butts, and immediately to the King’s right, is Dr. John Chambre; he was physician to and a great favorite of Henry’s, holding several clerical preferments as well. He was a Fellow and Warden of Merton College, Oxon, where he was admitted Doctor of Physic, 29th October, 1531. In the list of persons to whom Wolsey, in 1526, assigned lodgings at the King’s house, when they should repair thither, occurs the name of Dr. Chambre. There is also a catalogue of the King’s new year’s gifts, in 1528, by which it appears that the Doctor had a piece of plate weighing 24-3/8 ozs., at the same time the Cardinal’s gift was 40-1/4 ozs., and that of the Archbishop 31 ozs.

In Brian Tuke’s letter (23rd June, 1528), before referred to, he tells Wolsey that when he called on the King with his letters, he found him in “secret communication with his physician, Mr. Chambre, in a tower, where he sometimes sups apart.”

Dr. Chambre was Dean of St. Stephen’s Chapel, Westminster, Canon of Windsor, Archdeacon of Bedford, Prebendary of Comb and Harnham in Salisbury Cathedral, Treasurer of Wells Cathedral, and beneficed in Somersetshire and Yorkshire. Truly the lines had fallen unto him in pleasant places!

He was one of the physicians in attendance on Queen Jane, at the birth of Edward VI, and in a letter written by him to the Privy Council, concerning the Queen’s critical state, he signs himself “priest.” He was also in attendance on Anne Boleyn, in her confinement with Elizabeth. His name is mentioned with that of Linacre and three others, in the Charter to the College of Physicians, in 1518.

Sir William Compton, K.G., in 1522, nominated Dr. Chambre one of his executors, in conjunction with the Bishop of Exeter, and Sir Henry Marney, Lord Privy Seal.

Dr. Chambre built a “very curious cloyster,” in St. Stephen’s Chapel, which cost him 11,000 marks, and he gave the canons of that chapel some lands. He died in 1549.

On the King’s left is, first, Thomas Vicary (sometimes Vicars and Vyccary), Master of the Barbers in 1530, and of the Barber-Surgeons in 1541, 1546, 1548 and 1557. He was a man of great eminence in his profession, having been Surgeon to St. Bartholomew’s Hospital, and Serjeant-Surgeon to Henry VIII, Edward VI, Mary and Elizabeth. He was the author of “The Profitable Treatise of Anatomy” in “The Englishman’s Treasure, with the true Anatomie of Man’s Body.” An account of Vicary will be found in D’Arcy Power, pp. 102, etc., and several particulars relating to his connection with St. Bartholomew’s Hospital, are recorded in a paper by Dr. Norman Moore (Hospital Reports, vol. xviii, pp. 333-358); see also Dr. Furnivall’s exhaustive account (Early English Text Society).

Next comes Sir John Ayleff (Aylif, Aylyff, etc.). He was Master of the Barbers in 1538, and Surgeon to the King, with whom he was doubtless on terms of friendship, as Henry bequeathed him 100 marks. Ayleff treated Henry for fistula and cured him, at Brinkworth in Wilts, for which the King bestowed upon him a great estate there in gratification. He subsequently became a Merchant of Blackwell Hall, Sheriff of London in 1548, and Alderman of Bridge Without in 1550.

17th July, 1550. In the Repertories of the Court of Aldermen is a Record that the Court of the Barber-Surgeons gave their assent to the Translation of Sir John from theirs to the Grocers’ Company, of which Company he was crowned Upper Warden 9th June, 1556.

Sir John Ayleff was buried 20th October, 1556, in the Church of St. Michael Bassishaw, where there was formerly a marble tomb with this inscription thereon--

In Chirurgery brought up in youth,
A Knight here lyeth dead;
A Knight and eke a Surgeon such
As England seld hath bred.
For which so soveraigne Gift of God
Wherein he did excell,
King Henry VIII call’d him to Court,
Who lov’d him dearly well.
God gave the Gift, the King gave Goods,
The Gift of God t’enhance;
Where God and such a Prince do joyne,
Such Man hath happy Chance.
King Edward for his service sake,
Bade him rise up a Knight,
A name of Praise and ever since
He, Sir John Ailiffe hight,
Right Worshipful, in name and charge
In London lived he than,
In Blackwell Hall the merchant chiefe
First Sheriffe, then Alderman.
The Hospitals bewaile his death
The Orphan children mone,
The chiefe Erector being dead
And Benefactor gone.
Dame Isabel who lived with him,
His faithful Wife and Mate,
With him (as dearest after death)
Doth not her Knight forsake
The Knight the 24[79] of October.
Yeelded up his breath,
And she soon after followed
To live with him in death.

[79] Probably a mistake for 14th.

19 April, 1558. My lady Aylyff gave a fyne table cloth of damaske
worcke to sr̃ve for the uppermost table in the hawle the w{ch} of her
jentyllness she gave frely unto this hawle.

John Ayleff (son of the Knight) was admitted to the freedom of the Barber-Surgeons, 3rd June, 1552.

Next to Sir John Ayleff, is Nicholas Simpson, concerning whom nothing is known to me, but that he was “King’s Barber,” and Master of the Barbers in 1537.

Edmund Harman, “King’s Barber,” follows next; he was admitted to the freedom in 1530, and served Master in 1540. Henry VIII bequeathed him 200 marks, and he was one of the attesting witnesses to the King’s will. There are several references to him among the State Papers and Household Ordinances. His dignified bearing and expression in the picture are very striking.

James Monforde (or Mumford), “King’s Surgeon,” is next; he was Upper Warden in 1540 and again in 1543, but never served as Master. He gave the Company their silver hammer, still used by the Masters in presiding at Courts.

Then comes John Pen (Penn or Penne), “King’s Barber,” and Groom of the Privy Chamber; he was admitted to the freedom in 1527 and was Master 1539. He married Lucy, daughter and heiress of Edmond Chevall, of Coddicote, Herts, by whom he had a good estate and seven children (_vide_ Harl. Soc. Pub. xxii., 82 & 116).

In Liber Niger Domus Regis (Harl. MS. 642) among the orders made for the regulation of the Household of Henry VIII was one, that none but fifteen persons whose names are specified should be allowed to enter the Privy Chamber, and one of these is John Penne.

The following quaint regulation, concerning the King’s Barber, is to be found in the same MS.--

Item. It is alsoe ordeyned that the Kingꝭ Barbor shalbe daylie by
the Kingꝭ upriseinge readdye and attendant in the Kingꝭ Privye
Chamber there haveinge in reddynesse his Water Basons Knyvesꝭ Combes
scissourꝭ and such other stuffe as to his Roome doth appertaine for
trymminge and dressinge of the Kingꝭ heade and bearde. And that the
sayd Barbour take a speciall regarde to the pure and cleane keepinge
of his owne p’son and apparrell useinge himselfe allwayes honestlye
in his conversationne withoute resortinge to the Companye of vile
personnes or of misguided woemen in avoydeinge such daunger as by
that meanes hee might doe unto the Kingꝭ most Royall person not
fayling thus to doe uppon payne of looseinge his Roome and farther
punnishement at the Kingꝭ pleasure.

In this MS. is also to be found an earlier order, of the time of Edward IV touching the King’s Barber, which is curious, as indicating that Saturday night was then (as still it is with many) “tub night” with the King; and we may also infer from the expression “_if_ it please the King to cleanse his head, legs or feet,” that it was _not_ a fixed rule for him to do so _every_ Saturday night.

A BARBOUR for the Kingis most highe and drad p’son to be taken
in this Court, after that he standeth in degree gentleman yoman
or groome. It hath bin much accustomed to one or two well knowne
officers of the Ewrie in housold Daily of such as bene for the monthe
Sergeant or othir. Also we finde how this hath bene used amonge by a
weele betrusted yoman of chambre ffor lacke of cunning of these other
men. It is accustomed that a knight of the Chambre or elles squire of
the bodie or both be p’sent every time when the Kinge wolle shave.
This Barbour shall have every satterday night if it please the Kinge
to cleanse his head leggꝭ or feete and for his shaveing two lovis[80]
one pitcher wine. And the usher of chambre ought to testifie if this
be necessary dispensed or not.

[80] Loaves.

It is said that the portrait of Pen was greatly admired by Sir Robert Peel, who frequently came to the Hall to look at it, and who is reported to have offered the Company £2,000 for the head, if it might be cut from the picture, he undertaking to make good the damage! He is also alleged to have said at one of his visits, that he should like to sleep on the table at the Hall, so that the first thing he would see on waking in the morning might be Pen’s head. Had Sir Robert known the legend[81] of the _table_ he would perhaps have suggested a different bed. Henry VIII left, by his Will, 100 marks to Pen.

[81] Said to have been part of the dissecting table!