Part 14

The By-Laws are allowed by Thomas Lord Ellesmere, Lord Chancellor; Thomas Earl of Dorset, Lord Treasurer; and Sir John Popham, Lord Chief Justice of the Common Pleas; who send “greeting in our Lord God Everlasting,” and enact Ordinances of such fearful length, that to a layman it passes comprehension how the draughtsman could have kept his head clear whilst he travelled through such a sea of prolixity, and, to a great extent useless, repetition. If the Chancellor and his colleagues troubled themselves to read through and understand the document to which they have appended their seals, they must have uttered very sensible sounds of relief when they came to the sealing; the recapitulation of the mere heads of this extraordinary production, will probably be found wearisome to the reader, viz{t}:

1. Recital of an Act of Parliament, 24th Feby., 19 Henry VII.

2. Oath of a freeman.

3. Oath of the Masters or Governors.

4. Oath of an Assistant of the Livery.

5. Oath of the Electors.

6. Oath of the Clerk.

7. Oath of a “foreign” Surgeon.

8. Oath of the Wardens of the Yeomanry.

9. Oath of an Assistant of the Yeomanry.

10. Oath of the Beadle.

11. Oath of the Porter.

NOTE.--Some of the foregoing oaths contain over 500 words in each!

12. Every person shall appear upon summons under a penalty of 3{s.} 4{d.}, and for not keeping the hour, a fine of 2{d.} to be imposed.

13. Masters neglecting the day of Election, the distribution of Ferbras’ alms, or the payment of rents, to forfeit £5.

14. No great Election dinner to be kept without the consent of a Court of Assistants, under a penalty of £5.

15. The allowance for a great dinner to be 20 marks, and for a small one £4.

16. Manner of Election of Masters or Governors.

17. Time of Election.

18. Twelve Electors to be chosen.

19. Electors to be sworn.

20. The Masters omitting any next in Election out of their Bills, the Electors to choose others.

21. The order after Election.

22. A refuser of the office of Master or Governor to be fined 40{s.} and to be eligible to be chosen again.

23. Or may be absolutely discharged of such office on payment of £10.

24. And on refusal to pay such fines, to be dismissed out of the Court of Assistants and out of the Livery.

25. If the Electors choose such refuser to further place, before he have paid his fine, each Elector to forfeit 40{s.}

26. Every person chosen into the Livery to pay £5 if he have not served as Warden of the Yeomanry, and if otherwise then 40{s.}

27. Election of two Stewards of the Mayor’s feast, and two Stewards of the Anatomy; £8 to be allowed to the former and £6 to the latter.

28. Refusers of the Office of Steward to forfeit £13 6_s._ 8_d._ each.

29. The Common Seal to be kept under lock and key.

30. Time of the audit and appointment of eight auditors.

31. Day for reading “General Rules.”

32. View of the Company’s lands to be made yearly in October.

33. Allowance for the view dinner.

34. “Search” to be made twice in the year.

35. Apprentices to be presented within one month after they are retained in service, under a penalty of 40_s._

36. Indentures to be prepared by the Clerk before presentation.

37. The Clerk to make all indentures.

38. Every liveryman may keep three apprentices.

39. No decrepit, diseased or deformed apprentice to be retained by any Barber or Surgeon.

40. No person to teach any but his apprentice.

41. No person to put away his apprentice, without an order of Court.

42. No person to entice away another’s apprentice or servant.

43. Every person to enroll his apprentice.

44. The Court to punish disobedient apprentices after its discretion.

45. No freeman to “open shop” before he hath served one year as journeyman.

46. No Barber to use more than one shop.

47. No Surgeon to serve by sea or land before he and “his furniture” be examined and viewed.

48. Reformation of abuses in disobedient masters and servants.

49. No person to serve as a journeyman unless free of the Company.

50. No person to use surgery before he be examined and admitted.

51. No person to examine but the Examiners.

52. No Examiner to be chosen but by the Court.

53. Every Surgeon to be at every lecture on Surgery.

54. No Surgeon to defraud another of his patient.

55. No Person to shew his porringers, saucers or basons with blood therein.

56. Every patient in danger of death or maim to be presented to the Masters.

57. No person to take such presentation but a Master or Governor.

58. Ordinance against unskilful practice in Surgery.

59. No Anatomy to be dissected out of the Common Hall.

60. Anatomies to be decently buried.

61. Warrant to create a Yeomanry.

62. No “Courts of Assistants” to be held on Tuesdays.

63. No Court of Assistants to be under the number of sixteen persons.

64. Order of precedence in speaking.

65. Every Member to go and sit in his due place.

66. Ordinance against contentious and troublesome persons.

67. Ordinance against revealers of Court secrets.

68. No alien or stranger to bear the office of Master or Governor.

69. Ordinance against unseemly behaviour towards the Masters or Governors.

70. Ordinance against blotting or defaceing of books, pictures or monuments.

71. Ordinance against any of the Livery refusing to attend in his Livery gown.

72. Pensions for decayed members.

73. Warrant to search for hurt persons and malefactors.

74. As to quarterage.

75. Third Warden’s duties as to receipts.

76. And as to payments.

77. Duties of Fourth or Renter Warden.

78. Renter Warden to furnish accounts.

79. As to the Audit.

80. Ordinance against Sunday trading by Barbers.

81. As to fines and penalties.

82. Power to the Beadle to distrain (under a Warrant signed by the Masters) for all fines; also power to dismiss disobedient persons, and to inflict corporal punishment.

Penalties of varying amounts are specified for breaches of any of the foregoing Ordinances.

The By-Laws are signed “Ellesmere, Canc̃,” “T. Dorset” and “Jo: Popham,” and the three seals of their arms are pendant.

8th September, 1606. This daie it is ordered that the M{rs} shall pay v{li} to M{r} Michaell the Lord Cheif Justices man for his paynes in penninge of o{r} ordynaunces.

5th February, 1607. This day it is ordered that a Court howse be errected upon the Bulwarke behind the Hall of this Company for the M{rs} or Governors to kepe their Courtꝭ at the charge of this Company And M{r.} ffenton and M{r.} Jenkins are to joyne with the M{rs} of this Company in the same buildinge.

This Court Room was built within the circular Bulwark at the west end of the old Livery Hall, from which it was shut off by a screen wall or partition; many years later this screen was removed, and the whole thrown into one large apartment, and used as the Livery Hall.

21st January, 1608. The pˀnt M{rs} are this daye authorized to furnishe the newe Roome in the Bulwark w{th} cloth of Arras or tapestry or w{th} waynscot as they shall think fittest at the chardge of this howse, and the Chimney peece & wyndowes to be waynscotted.

1608. The Colony of Virginia (so named from the Virgin Queen Elizabeth, in whose reign it was discovered) was in an unsatisfactory condition by reason of its scanty population, want of enterprise and other causes; whereupon the Council of Virginia endeavouring the prosperity of the Colony, sent a letter to the Lord Mayor propounding a scheme of emigration and colonisation to be undertaken by the City, which should ease the Metropolis “of a swarme of unnecessarie inmates,” make the fortunes of the emigrants (and of the “undertakers”) and benefit the Colony. This letter is so interesting that no apology is necessary for reproducing it here.

WHEREAS the lords of his Ma{tes} councill, commissioners for the Subsedie, desirous to ease the cittie and suburbs of a swarme of unnecessarie inmates as a continuall cause of dearth and famine, and the verie origenall of all plagues almost that happen in this kingdome, have advised yo{r} lordshippe and yo{r} brethren, in an ease of state, to make some voluntarie contribuc͠on for their remove into the plantation of Virginia, w{ch} we understand you all seemed to like as an action pleasing to God and happie for this com̃onwealth; We the councell and companie of this ho{ble} plantation, willing to yelde unto your lop̃p and them all good satisfac͠on, have entered into consultac͠on w{th} o{r}selves, what may be everie mans chg̃es, and what of everie private familie, w{ch} we send herew{th} at large, not as a thing w{ch} we would exact from you, but that you may see, as in a true glasse, the true chg̃e, w{ch} we wholly commend unto yo{r} grave wisdoms, both for the somme and man{r} of leavie; onlie give us leave thus farre to enforme you that we give no bills of adventure for a lesse some than 12{li} 10{s.} ps̃uminge it wont be an infinite trouble now, and confusion in the retribuc͠on, but if your lop̃ make any seasment, or raise any voluntarie contribuc͠on out of the best disposed and most able of the companies, we are willing to give o{r} bills of adventure to the m{r} and wardens, to the general use and behoof of that companie, yf by wards, to the good of that ward, or otherwise as it shall please you and your brethren out of y{r} better experience to direct. And if the inmate called before you and enjoyned to remove shall alledge that he hath no place to remove unto, but must lie in the streats, and being offerd this journey shall demand what shalbe their pˀsent maintenance, what their future hopes, yt may please you to lett them know that for the pˀsent they shall have meat, drink, and clothing, w{th} an house, orchard, and garden for the meanest familie, and a possession of lands to them and their posteritie, one hundreth acres for everie man’s pˀson that hath a head or a body able to endure labour, as much for his wife, and as much for his child that is of yeres to do sˀvice to the colonie, w{th} further pˀticular reward according to theire pˀticuler meritt and desert; and yf yo{r} lordshipp and yo{r} brethren shalbe pleased to put in any private adventure for yo{r} selves in pˀticuler, you shalbe sure to receive according to your pˀporc͠on of the adventure, equall pˀts w{th} us adventurers from the beginning, both of the comodities returned or land to be divided; and because you shall see (being aldermen of so famous a cittie) we beare you due respect, we are contented, having but one badge of grace and favor from his Ma{tie}, to participate w{th} you therein, and to make as many of you as will adventure 50{li.} or more, fellow councellors from the first day w{th} us who have spent double and treble as much as is required, abidden the hazard of three sevˀall discoveries, w{th} much care and diligence, and many days adventure, and as yo{r} deputies, and yo{r} assistants, in yo{r} private wards, so shall as many of them as will adventure but 25{li.} present money, be made pˀties of this companie and assistants of this councell; and thus as an action concerning God and the advancement of religion, the present ease, future hon{r} and safety of this kingdome, the strength of o{r} navie, the visible hope of a great and rich trade, w{th} many secrete blessings not yet discovered, we commend the cause to the wisdome and zeale of yo{r} selfe and yo{r} brethren and you, and it, and us, to the holie pˀtection of the Almightie.

The City took up the scheme heartily, a large sum was subscribed and a great number of emigrants crossed the water. The Barber-Surgeons invested £25, but never received anything for it again.

23rd March, 1609. This daye it is ordered that the pˀnt M{rs} shall advent{r} xxv{li.} uppon a Bill of Exchange for the plantac͠on of Virginia, of the stock of this howse.

6th January, 1609. In obedience to a precept from the Lord Mayor, £10 was paid to the Chamberlain, towards the construction of a Garner for the use of the City.

25th May, 1610. A precept came from the Lord Mayor calling upon the Company “to be readie in yo{r} bardge well and richlie sett forthe before vii of the clocke in the morning” on the 31st January, to go to Chelsea to meet the eldest son of James I, on which occasion he was to go from Richmond to Whitehall to be created Prince of Wales; whereupon the following minute is recorded:--

AT this Court a precept beinge sent from my lord Maior unto this Company w{ch} beinge at this Court read, the effect whereof was that our Company on Thursdaie next shalbe reddie to attend my Lord Maior in their barge for the honor of this Citie in the enterteynement of the high & mightie prince at Chelsey. It was ordered that none of the Company shold be warned for this service but onely those w{ch} ware of the Assistaunce of the Clotheinge to goe in the Barge, the reason thereof is that a barge cold not be gotten large enough to carry the whole lyvery.

1611. In this year came a precept from the Lord Mayor, by authority of the King, complaining of “the abuse growing by excesse and straunge fashions of apparell, used by manye apprentises, and by the inordynate pryde of mayde servaunts and women servaunts in their excesse of apparell and follye in varietie of newe fashions, and to admonish them to have a due and speciall care to see a spedye reformac͠on had in everye one of their servaunts.” What effect this had upon the apprentices and servants of the Barber-Surgeons we are not told, but doubtless they were properly admonished.

1st July, 1614. A precept was received to the effect that the King had determined to borrow £100,000 of the City, and that the Barber-Surgeons were assessed at £600 towards this loan, which they were to lend, or which they were coolly informed they could compound for, by an absolute fine of £30! As the Court well knew that they would never again see a halfpenny of the £600 if lent, they quickly and wisely determined to pay the £30.

Profiting by past experience, the next extracts show that the Court proceeded warily in the matter of “adventuring” in the State Lottery.

29th April, 1614. Att this Court the M{r} propounding how they had receaved Letters from the Lordꝭ of the privy Councell and from the lord Maior thereby exhorting & intreating them to call their assistauntes together and to admonishe the genˀall body to be adventurers in the great lottery w{ch} is comyng forth, Whereupon the same lrẽs being considered on at this Court, it is thought fitt and ordered that the M{rs} shall att their pleasures call together the body of the Company, and they being gathered together, to admonish & pˀswade them to be adventerers in the same Lottery.

17th October, 1614. The Court having collected a sum of money for the Lottery, it was ordered that it should not be paid to the Treasurer, Sir Thos. Smith, until the Company shall be “assured” by a Bill of Adventure under seal “for their adventure unto virgynia, as also that it shalbe published in print certeynelie when the lotterey shalbe drawen.”

The College of Physicians had been for many years very jealous as to the Barber-Surgeons trespassing on their preserves, and as far back as 12th November, 1595, wrote a long letter to their “verie loving freends” the Master and Wardens, cautioning the members of the Company against practising physic, and stating that no few of them were culpable in the matter, but that the College had hitherto forborne to molest or punish them; the letter continues, “but for that we now see by daily experience that upon our lenetie and sufferance this inconvenience more and more increaseth, insomuch that both in credit and otherwise, it seemeth to touch us more neere than well can be indured; We have therefore thought it good to put you in mynd thereof, and therewithal earnestly and freendlie to request you, that among yourselves some such discreet order may be taken heerin, that the like offence hereafter maie not be committed by them or any of theirs. Wherein if we shall perceave you as ready to fulfil our honest request, as we are willing to maintain good amytie and concord with you and your Companie, we wilbe very glad thereof and geve you thanks therefore. If not, then as we are fully minded to defend our privileges and to deal with the particular offendors therein, as order of law and our ordinances in that behalf requireth; so we trust the body of your Societie will not be offended therewith. And so we bid you most hartelie farewell.”

The above letter is taken from Dr. Goodall’s History of the College of Physicians. Dr. Goodall gives several instances of Barber-Surgeons and Apothecaries being fined or imprisoned for practising physic; and, indeed, there seems to have been a strife waging between the College and the Company for a long period.

1617. The Physicians in 15 James I obtained a Charter confirming their Charter of 10 Henry viij, with several additional privileges and clauses in restraint of the privileges of the Barber-Surgeons, who thereupon petitioned the King that that Charter might not be confirmed by Act of Parliament, as the Physicians were desirous that it should be. The King on 4th February, 1620, ordered that the petitioners should be left to seek any lawful remedy either in Parliament or otherwise, as they might be advised, and accordingly on 23rd April, 1624, they presented a petition to the House of Commons, who ordered that the Physicians’ Patent should be brought into the Committee of Grievances, and both parties heard by Counsel, the consequence of which was that the Physicians proceeded no further with their Bill.

1632. Later on the Physicians endeavoured again to obtain a supremacy over the Barber-Surgeons, and on 13th June, 1632, procured an Order in Council which made it incumbent upon Surgeons in certain serious and specified cases of Surgery, to call in a “learned Physitian,” and to enforce this order they procured the Attorney General to exhibit a Bill in the Star Chamber in which the obnoxious clause was inserted, but on a Petition of the Barber-Surgeons complaining of the injury that would thereby accrue not only to themselves, but to the public, the King, by an Order of Court dated 22nd July, 1635, directed the clause to be struck out.

After the Restoration, the Physicians again endeavoured to procure an Act of Parliament confirming their Charter, whereupon the Barber-Surgeons claimed to have a clause inserted in the Act in the nature of a proviso that nothing therein contained should be construed to the prejudice of their privileges, and again the Physicians seem to have been checkmated, for they allowed their proposed Act to fall through.

Kings’ Barbers and Kings’ Surgeons seem to have secured substantial benefits from their official positions, as the following notices (from Domestic State Papers at the Record Office) testify.

25th August, 1625. There is a letter of this date from Sir James Fullerton to Secretary Conway, intimating that it is His Majesty’s pleasure to grant to Michael Andrews (Master 1635 and King’s Surgeon) a pension of £150 per annum for life.

17th December, 1625. And at this date is a grant to Thomas Caldwell (Master 1627 and King’s Barber).

A graunt to Thomas Caldwell esq{r} his Mat{s} servant of ye som̃e of one thousand poundes To be received as well out of the remainder of three hundred pounds due to his Ma{tie} by Richard Harbin sometime Collecto{r} of his Ma{t}ꝭ greenwax before his accesse to the Crowne and out of the arrerages of grenewax money then due unto his Ma{ty.} As also out of the other grenewax moneys now accrewing to his Ma{tie} not being in farme. And is granted to him as of his Ma{ts} bounty in lieu of 800{li} formerly graunted unto him by his Ma{ty} of w{ch} he received no benefitt. Subscrˀ by Mr. Attorney Genˀall upon significac͠on of his Ma{t}ꝭ pleasuere by the Lord Trẽr.

In addition to stray grants like the above, the perquisites and fees attaching to the Office of King’s Barber were very lucrative, and Mr. Caldwell must have done exceedingly well out of the following stroke of business.

January, 1626. Whereas his Ma{tie} hath bene pleased to appoint Mr. Thomas Caldwell his Ma{ts} servant and Barber to make provisions of all such necessaries as are to be used at the Ceremony of Bathing the Kn{ts} of the Bath at this his Ma{ties} Coronac͠on to be holden on the 2{d} day of February next at Westm{r} as to his place by auntient custome belongeth I do therefore will and require all such whome it may concearne to take notice thereof hereby for permitting him to doe and performe all such services as hath bene accustomed in that behalfe & for delivering such necessaries in kynd or allowance of money to the valeu thereof as shalbe by him required for the same according to the auntient custome heretofore used therein. The number of the said Kn{ts} for whome such provisions are to be made being 80, by his Ma{tie} appointed to receave that degree.

ARUNDELL & SURREY.

Examined by W{m} Ryley } Lancaster Herald }

Mr. Caldwell does not appear to have left his widow well provided for, as we read under date 10th July, 1643:

Upon the distressed Petic͠on of Widdow Thamar Caldwall late Wife of M{r} Thomas Caldwall deceased there is given to her of the gift of this House v{li.}

1624 and 1625. In the minutes of this period are constant notices of the “visitation,” and of “the contagious tyme.” The Plague raged with great severity in London in 1625, and it is said that over 40,000 died of it in the year. The Company appear to have been very liberal in their gifts of money to any who had the least claim upon them, the relief being frequently stated to have been given by “reason of the hardnes of the tymes.”

11th April, 1625. This daye the pˀcept for provision of corne sent unto o{r} Companie by the lord Maio{r} of london was here read in Courte, And this Courte is fullie resolved that the present M{rs} doe give unto the Lord Maio{r} and returne him this answeare that the Companie is provided of their proportion of corne and more they are not able to provide or receive into their charge.

1628. This year the Company were compelled to “lend” the King £360, which they with great difficulty raised, the greater part being borrowed at interest to enable them to do so. They also paid £30 towards a “present” (?) of £5,000 given by the City to the Palsgrave (Frederick, Prince Elector Palatine, son-in-law of James I).

15th August, 1629. On this day was sealed the Company’s new Charter from Charles I. It is in Latin on five large skins of parchment with the Great Seal of England pendant. There is a portrait of the King with a stiletto beard in the initial letter, and an ornamental heading along the top of the first skin. This Charter ratifies that of James I, directs that public lectures on Surgery shall be given, and confirms and somewhat varies the old regulations for the governance of the practitioners of that science.

22nd October, 1629. The Company evidently began now to kick at the numerous demands made upon its purse by the authorities, for a precept coming from the Lord Mayor demanding £12 10_s._ contribution towards a pageant, it was ordered that it be not paid until the Court was satisfied that it could be legally demanded, and enquiry made as to whether or no other Companies had paid similar contributions.