Part 6

ITEM. That no brother of the said Fraternity entice any servant from the service of his master, privily or openly.

ITEM. If any dispute arise between any of the brethren, which God forbid, it is to be amicably settled by the decision of the Masters of the said Fraternity [_and they are_] to deal plainly,[33] and that no one sue another in other manner than at the assize (_?_) [_and then only_] if he be empowered by leave of the said Masters to be recorded.

[33] _i.e._, honestly.

ITEM. That each brother of the said Fraternity shall come each quarter of the year and pay his quarterage to the collectors[34] . . . . . .

[34] I am unable to complete this sentence.

ITEM. It is agreed between all the said brethren that whoever of them refuses his office when it comes to him, if he wishes to be relieved of it, that he pay to their common box.

ITEM. If any brother be absent from their Mass and Feast when it shall be once a year, he shall pay so much in offerings and all other things as one present.

ITEM. That none of the said brethren put [?] another out of his house.

ITEM. If any brother by chance delay his payments beyond a year-and-a-half, that he make acquittance within two years without any [_penalty_] beyond the ordinary fine. And if he be thus forgiven that he settle the matter at once.

AND to hold these points pursuant to amendment alone if the Mystery will that they be amended, this Fraternity are sworn among themselves and have each of them pledged his troth, and so from each who shall [_hereafter_] be of the said Fraternity. And it is agreed amongst them that this Indenture be enclosed in their common box, and the counterpart be held by the Masters for the time being of the said Fraternity.

The document which the Masters found amongst their records made in “the time to which memory runneth not” probably ends here, and the following Items (see the third one) were doubtless additional Ordinances made circa 1387.

ITEM. That each brother of the said Fraternity pay in pledge for his livery, when he has the same, forty pence at the least.

ITEM. That each brother keep the livery two whole years before he may give, or sell, or alienate it in any manner, under pain of paying to the Company for their pardon, a noble of gold.

ITEM. It is ordained that on the Sunday following the Assumption of our Lady in the 11th year of King Richard the Second,[35] that the Surveyors of the said Mystery be elected by the assent of all the Fraternity, and no longer by the Masters.

[35] 18th Aug., 1387.

ITEM. That none of the said Fraternity hereafter pay more than fourteen pence for his feast.

ITEM. It is ordained that each Master who shall choose any other man to be in his place, that is to say for to be Master; he who shall choose such man to be Master for the year shall be bound by himself for him, in an obligation to the Company for the money.[36]

[36] _i.e._, a guarantee for his honesty.

It agrees with the Record, WILLIAM COLET.

Coeval with our Company of Barbers there existed in the City of London, another Fraternity or Guild, that of the Surgeons, in no way connected with the Barbers, but, like them, existing by prescription only and unincorporated. It is not to be expected that these two Companies would, in the days of so much trade protection and jealousy, exhibit an over-friendly feeling towards one another, and the records of the period, though meagre, show that this was the case. The Surgeons’ Guild at no time appear to have been a numerous body, indeed there is reason to believe that frequently their numbers were less than a dozen, and they possibly never exceeded twenty.

In the researches undertaken for the purpose of this work, various references to the Surgeons’ Guild have turned up, and although at this early period there was much in common between the two Fraternities, I have considered it quite apart from the subject in hand to go into any detail concerning that Guild, more especially as it has recently been so ably and fully dealt with by Mr. D’Arcy Power in his “Memorials of the Craft of Surgery.”

1376. In the 50th Edward III, the Barbers made a complaint to the Mayor and Aldermen against unskilled practitioners in Surgery, and prayed that two Masters should be yearly appointed to inspect and rule the craft, and that none should be admitted to the freedom of the City, but upon due examination of their skill; and this was granted by the Court, entered of record and Lawrence de Weston and John de Grantone were chosen Masters. The following is a translation of the original record concerning this matter.[37]

[37] In this and some other cases I have adopted the able translations made by Mr. Riley in his “Memorials of London and London Life.”

To the honourable Lords, and wise, the Mayor and Aldermen of the City of London, shew the good folks, the Barbers of the same city, that whereas from one day to another there resort men, who are barbers, from uppelande[38] unto the said city, who are not instructed in their craft, and do take houses and intermeddle with barbery, surgery, and the cure of other maladies, while they know not how to do such things, nor ever were instructed in such craft; to the great damage, and in deceit, of the people, and to the great scandal of all the good barbers of the said city:--therefore the said good folks do pray that it may please your honourable Lordships, for the love of God, and as a work of charity, to ordain and establish that from henceforth no such stranger, coming to the said City from uppelande, or from any other place, of whatsoever condition he be, shall keep house or shop for barbery within the same city, before that he shall be found able and skilled in the said art and office of barbery, and that, by assay and examination of the good folks, barbers of the same city, whom out of the said craft it may please you to ordain thereunto. And that it may please you to ordain and establish, that from henceforth there shall always be two good men of their said craft chosen by their common assent to be Wardens of the craft; and that such two persons shall be presented unto the Mayor, Recorder, and Aldermen, of the said city, and sworn before them well and lawfully, to the best of their power and knowledge, to rule their said craft; and that the said Masters may inspect the instruments of the said art, to see that they are good and proper for the service of the people, by reason of the great peril that might ensue thereupon; and that on the complaint of such two Masters, all rebellious persons in the said craft, shall be made to come before you, and whosoever shall be found in default against this Ordinance shall pay to the Chamber 40 pence. And that from henceforth no man of their craft shall be admitted to the franchise of the said city, if he be not attested as being good and able, upon good examination before you made. And that no foreigner shall keep house or shop in their craft within the said city, or the suburbs thereof. And that this Ordinance shall be enrolled in the Chamber of the Guildhall of London, for all time to last.

[38] The general name for country places in those days.

And the same was granted unto them. Whereupon, Laurence de Westone and John de Grantone were chosen Masters of the Barbers. [_Letter-Book H. 28._]

The foregoing ordinance must surely have given umbrage to the Surgeons’ Guild as it placed the Barbers upon an equal footing with them in the examination of Surgeons, the inspection of their instruments, etc.; and this more especially as seven years previously (in 1369) the Surgeons had obtained from the same Court an Ordinance investing them with the power of presenting the defaults of all unskilful Surgeons.

1382. As an example of a quack Surgeon’s method of practice, and of his rogueries and punishment, the following case of Roger Clerk will be found interesting:--

Roger Clerk, of Wandelesworth,[39] on the 13th day of May in the 5th year (_Richard II_), was attached in the Chamber of the Guildhall of London, before the Mayor and Aldermen, to make answer, as well to the Mayor and Commonalty of the City of London, as to Roger atte Hacche, in a plea of deceit and falsehood: as to which, the same Roger said, that whereas no physician or surgeon should intermeddle with any medicines or cures within the liberty of the city aforesaid, but those who are experienced in the said arts, and approved therein, the said Roger Clerk, who knew nothing of either of the arts aforesaid, being neither experienced nor approved therein, nor understood anything of letters, came to the house of him, Roger atte Hacche, in the parish of St. Martin, in Ismongereslane, in London, on Thursday, the morrow of Ash Wednesday, in the 5th year, etc.; and there saw one Johanna, the wife of the aforesaid Roger atte Hacche, who was then lying ill with certain bodily infirmities, and gave the said Roger, her husband, to understand, that he was experienced and skilled in the art of medicine, and could cure the same Johanna of her maladies, if her husband desired it.

[39] Wandsworth.

Whereupon, the said Roger atte Hacche, trusting in his words, gave him 12 pence, in part payment of a larger sum which he was to pay him, in case the said Johanna should be healed. And upon this, the same Roger Clerk then and there gave to the said Roger atte Hacche an old parchment, cut or scratched across, being the leaf of a certain book, and rolled it up in a piece of cloth of gold, asserting that it would be very good for the fever and ailments of the said Johanna; and this parchment, so rolled up, he put about her neck, but in no way did it profit her; and so, falsely and maliciously, he deceived the same Roger atte Hacche. And he produced the said parchment here in Court, wrapped up in the same cloth, in proof of the matters aforesaid.

And the said Roger Clerk personally appeared, and the said parchment was shown to him by the Court, and he was asked what the virtue of such piece of parchment was; whereupon, he said that upon it was written a good charm for fevers. Upon being further asked by the Court what were the words of this charm of his, he said;--“Anima Christi, sanctifica me; Corpus Christi, salva me; in isanguis Christi, nebria me; cum bonus Christus tu, lava me.”[40] And the parchment being then examined, not one of those words was found written thereon. And he was then further told by the Court, that a straw[41] beneath his foot would be of just as much avail for fevers, as this said charm of his was; whereupon, he fully granted that it would be so. And because that the same Roger Clerk was in no way a literate man, and seeing that on the examination aforesaid, (as well as on others afterwards made,) he was found to be an infidel, and altogether ignorant of the art of physic or of surgery; and to the end that the people might not be deceived and aggrieved by such ignorant persons, etc.; it was adjudged that the same Roger Clerk should be led through the middle of the City, with trumpets and pipes, he riding on a horse without a saddle, the said parchment and a whetstone, for his lies, being hung about his neck, an urinal also being hung before him, and another urinal on his back. [_Letter-Book H. 145._]

[40] “Soul of Christ, sanctify me; body of Christ, save me; blood of Christ, saturate me; as Thou art good, Christ, wash me.”

[41] In allusion, perhaps, to the custom of men who were ready to perjure themselves, as false witnesses, to go about with a straw sticking out from between the foot and the shoe--“men of straw.” [Riley.]

1390. In connection with the Surgeons’ Guild, four Master Surgeons of the City were sworn before the Mayor, etc., in this year, and _they_ were to make scrutiny amongst persons practising the art of Surgery, and to present defaults. [_Letter-Book H._ 248.] It will be remembered that in 1369 a somewhat similar Ordinance was made for the Surgeons’ Guild, and this one in 1390 was probably obtained as a set off to the powers vested in the Barbers by their Ordinance of 1376, and by way of assertion of equal rights with them in matters surgical. Anyhow it is very clear that there were two distinct bodies within the City ruling the craft of Surgery at this period, each, no doubt, claiming jurisdiction over its own members, and both anxious and ready to interfere with outsiders, and probably with each other. It is curious to note that in the Ordinance of 1390, above referred to, the Masters inspecting are authorised to make scrutiny not only of men, but of “women undertaking cures, or practising the art of Surgery”; and here, in the 19th century, we find history repeating itself, and women again “intermeddling in matters surgical.”

As might be expected the dual scrutiny exercised over persons practising surgery, by two distinct and antagonistic Companies, produced considerable jealousy and unpleasantness, and there are various records extant indicative of cases of attempted interference with the Barbers’ privileges, one of which is distinctly stated to have been the work of the Surgeons and Physicians, as doubtless also were the others.

1410. By _Letter-Book I._ 94, it appears that the Ordinances for the Barbers made in 1376 were confirmed to them with the significant addition that they should enjoy the same, “without the scrutiny of any person or persons of any other craft or trade, under any name whatsoever other than the craft or trade of the said Barbers, either as to shaving, making incision, blood letting or any other matters pertaining to the art of Barbery or of Surgery, in the craft of the said Barbers now practised, or to be practised hereafter.” This Ordinance is, I think, clearly directed against the Masters of the Surgeons’ Guild, who had sought to exercise their authority over the Barbers using the faculty of Surgery.

1415. Complaint having been made to the Mayor and Aldermen, concerning the unskilful and fraudulent practice of certain Barbers in matters of Surgery, the privileges of the Barbers were again recorded, though the Company who had hitherto nominated their own Masters, were somewhat shorn of that privilege, as the Mayor, etc., directed the names of all the Barber (Surgeons) to be brought before them, and after due enquiry, _they_ selected two of them for Masters, and gave them their charge and oath.

1416. “Certain trustworthy and discreet” Barber (Surgeons) complained to the Mayor, etc., that notwithstanding the last order, there were still unruly members in the craft, and a fresh Ordinance was enacted which imposed a penalty on offenders.

The Ordinances above referred to are to be found in _Letter-Book I._ 149, and are as follows:

Be it remembered, that on the 10th day of April, in the 3rd year, etc. (_1415_) it was intimated in a relation, and not without alarm, unto Thomas Fauconer, Mayor, and the Aldermen, how that some barbers of the said city, who are inexperienced in the art of surgery, do oftentimes take under their care many sick and maimed persons, fraudulently obtaining possession of very many of their goods thereby; by reason whereof, they are oftentimes made to be worse off at their departure than they were at their coming: and that, by reason of the inexperience of the same barbers, such persons are oftentimes maimed; to the scandal of such skilful and discreet men as practise the art of surgery, and the manifest destruction of the people of Our Lord the King.

And the said Mayor and Aldermen, wishing to obviate an evil and a scandal such as this, as also, to provide a fitting remedy for the same, and considering first, how that the said barbers by themselves, without the scrutiny of any other persons of any other trade or craft,[42] or under any name whatsoever, have supervision and scrutiny over all men following the craft of barbery, and within the liberty of the said city dwelling, as to all manner of cases touching the art of barbery or the practice of surgery, within the cognizance, or to come within the cognizance, of the craft of the said barbers;--as by a certain Ordinance, made and ordained in the time of Richard Merlawe,[43] late Mayor, and the then Aldermen, and in the Chamber of the said City of London enrolled, of record fully appears;--did determine and ordain that in future, by the more substantial part of all the barbers following the practice of surgery, and dwelling within the liberty of the said city, there should be chosen two of the most skilful, most wise, and most discreet men, of all the barbers following such practice of surgery, and dwelling within the liberty of the said city; seeing that oftentimes under their scrutiny and correction there would be found cases of possible death and maiming, where, if ignorant and indiscreet men should undertake the management thereof--the which might God forbid--in their judgment grievous errors might unexpectedly ensue, by reason of such unskilfulness. And that the same Masters, so often as they should be thus chosen, on election should be presented to the Mayor and Aldermen, for the time being, there by the said Mayor and Aldermen to be accepted and sworn etc.

[42] See the Ordinance of 1410. [43] Mayor 1409-10.

And lest perchance a difference of opinion might in future as to such election arise, therefore, the said Mayor and Aldermen, after taking counsel on the matter aforesaid, on Friday, the 3rd day of May, in the same year (_1415_), caused to be brought before them the name of every barber who followed the practice of surgery and dwelt within the liberty of the said city, in order that, after enquiring into the duties and experiences of their practice and skill, in manner theretofore approved and customary, they might be the better able to accept such Masters. And hereupon, because that, among other names, Simon Rolf and Richard Wellys, citizens and barbers of the said city practising the art of surgery, as well for their knowledge and probity, as for the different kinds of difficult cures that had been sagaciously performed and effected by them, were by trustworthy testimony, upon sound and umblemished information, commended before any others, precept was given by the said Mayor and Aldermen to Baldwin Tettisbury, one of the serjeants of the said Mayor, to summon the said Simon and Richard for Monday the 6th day of May then next ensuing, to appear before the said Mayor and Aldermen in the Chamber of the Guildhall aforesaid, there to make the oath to them by the said Mayor and Aldermen to be administered.

Upon which Monday the said Simon and Richard, by virtue of such summons, appeared before the Mayor and Aldermen in the Chamber aforesaid. And hereupon the said Simon and Richard were then accepted by the said Mayor and Aldermen, and sworn upon the Holy Evangelists of God, well and faithfully to watch over and oversee all manner of barbers practising the art of surgery, and within the liberty of the said city dwelling; to maintain and observe the rules and ordinances of the craft or practice aforesaid; no one to spare, for love, favour, gain, or hate; diligently without concealment to present unto the Chamberlain of the said City, for the time being, such defaults as they may find; at all times, when duly required thereto, well and faithfully to examine wounds, bruises, hurts, and other infirmities, without asking anything for their trouble; and what they should find, at their discretion, when duly required thereto, distinctly to certify unto the Mayor and Aldermen of the said City, for the time being; as also, well and faithfully to conduct themselves from thenceforth in future; and all other things to do and perform, which of right are befitting or requisite for the masters or overseers of such practice to do.

AFTERWARDS, on the fourth day of July, in the 4th year, etc. (_1416_) before Nicholas Wottone, Mayor, the Recorder, and the Aldermen, in full Court, upon truthful information of certain trustworthy and discreet men of the craft of Barbers, practising the art of surgery aforesaid, as of other able and substantial men of the said city, it was stated how that, notwithstanding the Ordinance aforesaid, very many inexperienced men of the said craft of Barbers, indiscreetly practising the art of surgery, did presume, and in their presumption pretend, that they were wiser than the Masters inspecting, and, as to certain infirmities--indiscreetly excusing themselves therein, on the insufficient grounds that they are not liable to the peril of maiming or of death--did altogether disdain to give notice of the same to the said Masters inspecting, according to the Ordinance aforesaid, or to be discreetly examined by them as to the same, or diligently to be questioned thereon. Upon which pretence, they did not hesitate daily to take sick persons, in peril of death and of maiming, under their care, without shewing such sick persons, or such infirmities and perils, unto the same Masters inspecting; by reason of which presumption or unskilfulness, such sick persons were exposed to the greatest peril, either of maiming or of death. Wherefore, the said Mayor and Aldermen were prayed that, for the common advantage of the whole realm, and the especial honour of the said city, they would deign to provide some sure remedy for the same.

And accordingly, the Mayor and Aldermen, assenting to the said petition, as being just and consistent with reason, having taken diligent counsel as to the matters aforesaid, and considering that very many of such persons in these times are more in dread of loss or payment of money than amenable to the dictates of honesty or a safe conscience, did ordain and enact, that no barber, practising the art of surgery within the liberty of the said City, should presume in future to take under his care any sick person who is in peril of death or of maiming, unless he should show the same person, within three days after so taking him under his care, to the Masters inspecting, for the time being, by the barbers practising the art of surgery within the liberty of the said City to be elected, and to the Mayor and Aldermen presented, and by them specially to be admitted; under a penalty of 6_s._ 8_d._ to the Chamber of London in form underwritten to be paid, so often as, and when, against this Ordinance they should be found to act; namely, 5 shillings to the use of the Chamber of the Guildhall, and 20 pence to the use of the craft of the Barbers.

1423. In this year certain Ordinances were made by the Mayor (Sir William Walderne) and Court of Aldermen which are entered in _Letter-Book K._ 6{B.} This record relates to what Mr. D’Arcy Power, in his “Memorials of the Craft of Surgery,” has termed a “Conjoint College” of the Physicians and Surgeons, and has little to do with our Company, beyond the fact that the scrutiny and oversight of persons practising Surgery is given to the Masters of the Surgeons’ Guild. The subject of these Ordinances and many very interesting remarks thereon and on the Conjoint College may be seen at p. 52, &c., of Mr. D’Arcy Power’s work; and the record itself is set forth in full at p. 299; furthermore, extracts from it, so far as the same relate to the privileges and practice of the Surgeons, are to be found in the beautiful old vellum MS. formerly belonging to that Guild, and now in the possession of the Barbers’ Company.