Part 8

(E)DWARDUS dei grã (R)ex (A)nglie & (F)rancie & (D)ominus (H)ibñie. (O)mnibus ad quos pˀsentes lrẽ pˀuenint saltm̃ (S)ciatis q̃d nos considerantes qualitˀ Diɫci nõb prˀbi & liᵬi hoiẽs mistere BarbitonsoꝜ Ciuitatis nr̃e london vtentes mistera siue facultate SirurgicoꝜ tam circa vulña plagas lesiones & alias infirmitates ligeoꝜ nroꝜ ibidem curandˀ & Sauandˀ q{a}m in extracc͠oe sanguinis & denc̃iu hˀmꝰ ligeoꝜ nrõꝜ g{a}ndes & multiplices intendencias & labores pˀ longa tempora sustinuerunt & supportauerunt indiesqʒ sũtinere & supportare non desistunt qualitˀ etiam pˀ ignoranciam negligenciam & insipienciam nonnulloꝜ hˀmꝰ barbitonsoꝜ tam liᵬoꝜ hõim Ciuitatis nr̃e pˀdc̃e q{a}m alioꝜ SirurgicoꝜ forincecoꝜ & non liᵬoꝜ hõim eiusdem Ciuitatis indies ad eandem Ciuitatem confluenciũ & in mistera SirurgicoꝜ minus sufficientˀ eruditoꝜ q{a}m plurima ac quasi infinita mala diuˀsis ligeis nr̃is in vulnĩbʒ plagis lesionibʒ & aliis infirmitatibʒ suis pˀ huius modi Barbitonsores & Sirurgicos sauandis & curandis ob eoꝜ defc̃m ante hec tempora euenerunt quoꝜ quidem ligeoꝜ nroꝜ alii ea de causa viam vniuˀse carnis sunt ingressi alii autem eadem causa tanq{a}m insanabiles & incurabiles sunt ab omĩbʒ derelecti similia qʒ mala vel peiora infuturˀ in hac parte euenire formidatˀ nisi remedm̃ congruũ supˀ hoc pˀ nos cicius pˀuidetuˀ Nos enim attendentes & intime adũtentes qˀd huiusmodi mala ligeis nr̃is ob defc̃tuˀ debit supˀuis scrutinii correccõis & punicõis huiusmodi barbitonsoꝜ & SirurgicoꝜ minus sufficientˀ in eisdem misteris siue facultatibʒ vt pˀdcm̃ est eruditˀ & instructˀ euenire contingunt. Ad humilem supplicacoẽm dilc̃oꝜ nobˀ pˀdcoꝜ pˀboꝜ & liᵬoꝜ hõim pˀdcẽ mistere BarbitonsoꝜ in Ciuitate nr̃a pˀdcã concessimꝰ eis qˀd mistera illa & omẽs hoiẽs eiusdem mistere de Ciuitate p’dc̃a sint in re & noiẽ vnũ corpus & vna Coitãs pˀpetua. Et qˀd duo principales eiusdem Coitãtis vna cũ assensu duodecim vel octo pˀsonaꝜ ad minus Coitãtis illius in mistera Sirurgie maxime expert singulis annis eligˀe possint & facˀe de Cõitate illa duos magr̃os siue Gubñatores in mistera Sirurgicˀ maxime exp̃tˀ. Ad supˀuidendˀ regendˀ & gubñandˀ misterˀ & Cõitatem pˀdictˀ & omẽs hoiẽs eiusdem mistere negociti eoꝜdem imp̃pm̃. ET QˀD QˀDEM mãgri siue guᵬnatores & Coit̃as heañt successionem pˀpetuam & coẽ sigillum negociis dcẽ Coit̃atis impˀpm̃ sˀuiturˀ. Et qˀd ip̃i & successores sui impˀpm̃ sint pˀsone habiles & capaces ad pˀquirendˀ & possidendˀ in feodo & pˀpetuitate trãs tenˀ redditus & alias possessiones quascunqʒ usqʒ ad valorem quinqʒ marcaꝜ pˀ annũ ult{a} reprisas et qˀd ip̃i noiã magr̃oꝜ siue GuᵬnatoꝜ & Coit̃atis mistere barbitonsoꝜ london pˀlitare & imp̃litari possint coram quibuscuqʒ indicibʒ in Curiis & acciõbʒ quibuscuqʒ ET QˀD pˀdci magr̃i siue Guᵬnatores & Coit̃as & eoꝜ successores congregacoẽs licitas & honestas de seipˀis̃ ac statuta & ordinacoẽs pˀ salubri gubnacoẽ supˀuisu & correccõe misteria pˀdictˀ sˀcdm̃ necessitatis exigenciam quociens & quando opus fuit̃ facẽ valeant licite & impune siue occõne vel impedimento nr̃i heredimi vel successoꝜ nr̃oꝜ Justicˀ EscacioꝜ Vicecomitum CoronatoꝜ aut alioꝜ BalliuoꝜ vel ministroꝜ nr̃oꝜ heredemi vel successoꝜ nr̃oꝜ quoꝜcuqꝜ dum̃odo statuta & ordinacoẽs illa contˀ leges & consuetudines regni nr̃i Anglˀ nullo modo existant. PRETERIA VOLUMꝰ & concedimꝰ pˀ nos heredbʒ & successoribʒ nrĩs quantũ in noᵬ est qˀd magr̃i siue Guᵬnatores pˀdcẽ Coit̃atis pˀ tempore existenˀ & eoꝜ successores impp̃m h̃eant supˀuisum scrutinm̃ correccoˀem & guᵬnacoˀem om̃i & singuloꝜ liᵬoꝜ h̃oim̃ dcẽ Ciuitatꝭ SirurgicoꝜ vtencm̃ mistera BarbitonsoꝜ in eadem Ciuitate ac alioꝜ SirurgicoꝜ forincecoꝜ quoꝜ cuq̃ʒ mistera illa Sirurgicꝭ aliquo modo frequentancm̃ & vtencm̃ infra eandem Ciuitatem & suburbia eiusdem ac punicoẽm eoꝜdem tam liᵬoꝜ q{a}m forincecoꝜ pˀ delictis suis in non pˀfecte exequendꝰ faciendꝰ & vtendꝰ mistera illa necnon supˀuisum & scrutinm̃ omim̃odoꝜ instrumentoꝜ emplastoꝜ & aliaꝜ medicinaꝜ & eoꝜ receptꝭ pˀdcos̃ Barbitonsores & Sirurgicꝭ huiusmodi ligeis nris̃ pˀ eoꝜ plagis & vulnibʒ lesionibʒ & huiusmodi infirmitatibʒ curandꝰ & sauandꝰ dandꝰ imponendꝰ & vtendꝰ quociens & quando opus fuit pˀ comõdo & vtilitate eoꝜdem ligeoꝜ nr̃oꝜ ita qˀd punicio huiusmodi BarbitonsoꝜ vtencm̃ dc̃a mistera Sirurgicꝭ ac huiusmodi Sirurgicꝭ forincecoꝜ sit in pˀmissis delinquencm̃ pˀ fines am̃ciamenta & imprisonamenta corpoꝜ suoꝜ & pˀ alias vias rõnabiles & congruas exequaturꝰ. Et qˀd nullus BarbitonsoꝜ vtens dcã mistera Sirurgicꝭ infra dcãm Ciuitatem aut suburᵬ eiusdem aut alius Sirurgicus forincecus quicuq̃ʒ & exequendꝰ faciendꝰ & exẽcendꝰ eandem misteram Sirurgicꝰ aliquo modo infuturꝰ in eadem Ciuitate vel Suburᵬ eiusdem admittat{a} nisi primicũs pˀ dcõs magr̃os siue guᵬnatores vel eoꝜ successores ad hoc habiles & sufficientes in mistera illa eruditus approbetꝭ & pˀ plenarˀ comprobac͠one sua in hac parte maiori Ciuitatis pˀdictꝰ pˀ tempore existenꝰ pˀ eosdem magrõs siue Guᵬnatores ad hoc pˀsentet{a.} VOLUMUS eciam & concedimꝰ pˀ noᵬ heredibʒ & successoribʒ nr̃is quant̃u in noᵬ est qˀd dc̃i magr̃i siue guᵬnatores ac Coit̃as pᵭc mistere BarbitonsoꝜ nec successores sui nec eoꝜ aliquis quoquo modo infuturꝰ infra Ciuitatem nr̃am pˀdcañ & Suburᵬ eiusdem sumoniunt{a} aut ponant{a} neqʒ eoꝜ aliquis sumoniat{a} aut ponat{a} in aliquibʒ assisis iuratis enquestis inquisicõibʒ attinctis aut aliis recognic̃oibʒ infra dc̃am Ciuitatem & Suburᵬ eiusdem impostimi coram maiore aut vicecountꝭ seu Coronatꝭ dc̃e Ciuitatis nr̃e pˀ tempore existenꝰ capiendꝰ aut pˀ aliquem officiariũ siue ministm̃ sũu vel officiarios siue ministros suos sum̃oniandˀ licet iidem Jurati inquisicões seu recognic͠oes sum̃ fuiñt supˀ br̃i vel briᵬʒ nr̃i vel heredimi nroꝜ de recto SED qˀd dc̃i mag̃ri siue Guᵬnatores ac coit̃as mistere antedc̃e & successores sui ac eoꝜ quiᵬt vˀsus nos heredes & successores nr̃os ac vˀsus maiorem & vicecomites Ciuitatis nr̃e pˀdcẽ pˀ tempore existenꝰ & quoscũqʒ Officiarꝰ & ministros suos sint inde quieti & penitus exonãti impp̃m pˀ pˀsentes. ET VLTERIUS nos considerac͠oe pˀmissoꝜ de gr̃a nr̃a sˀpaɫi concessimꝰ pˀ noᵬ & successoribʒ nr̃is pˀfatis mag̃ris siue Guᵬnatoribʒ ac Coit̃ati dcẽ Mistera BarbitonsoꝜ & successoribʒ suis hanc liᵬtatem viᵭelt qˀd ip̃i pˀpetuis futuris temporibʒ pˀsonas habiles & sufficientꝰ eruditos & informatos in dct̃i mistera Sirurgicꝰ & pˀ mag̃ros siue Guᵬnatores mistera illius pˀ tempore existenꝰ in forma pˀdc̃ti approbatꝰ & maiore Ciuitatis pˀdc̃e pˀ tempore existenꝰ vt pˀdc̃am est pˀsentat in eandem misteram BarbitonsoꝜ ad libtat̃es dc̃e Ciuitatis hẽndꝰ & gaudendꝰ scᵭm consuetudinem dc̃e Ciuitatis admittẽ & recipˀe valeant & non alias pˀsonas quascũqʒ neqʒ alio Modo aliquo mandato aut requisic͠oe nr̃i heredimi seu successoꝜ nroꝜ pˀ brãs inscriptꝭ vel alitꝭ qualitꝭ cumqʒ incontrm̃ factꝭ seu faciendꝭ non obstantꝭ ET LICET iidem mag̃ri siue Guᵬnatores ac Coiãtas & eoꝜ successores hac liᵬtate continue in futurꝭ vsi fũint cont{a.} aliquod mandatum sine requisicõem nr̃i heredũ seu successoꝜ nroꝜ aut aliquoꝜ alioꝜ quoꝜcuq̃ʒ in forma pˀdc̃a fiendꝭ ip̃i tamen finem contempt̃u depˀditum erga nos heredes seu successores nrõs aut dampñu vel malum aliquod in bonis seu corporibʒ suis erga quoscumqʒ alios ea occ̃one nullo modo incurrant nec eoꝜ aliquis incurrat. ET hoc absqʒ fine seu feodo pˀ pˀmissis seu sigillac͠oe pˀsentum noᵬ faciendꝭ soluendꝭ vel aliqualitꝭ reddendꝭ aliquo statuto ordinac͠oe vel actu incontrm̃ ante hec tempora editꝭ factꝭ ordinatꝭ seu pˀuis non obstantꝭ. IN cuius rei testimonm̃ has lrãs nr̃as fieri fecimꝰ patentes. TESTE me ip̃o apud Westm̃ vicesimo quarto die ffebruarii Anno regni nr̃i primo.

PEKHAM.

pˀbrẽ de priuato sigillo de datꝭ pˀdct̃ auctoritate parliamenti & pˀ decem libris soluitꝭ in hanapˀio

(Endorsed.)

Irt̃o in Curꝰ Domini Regis in Cam̃a Guihalde Ciuitatꝭ Londõn in libro signatꝭ cum lit̃ta. l. folˀ tercio decimo. Anno regni Regis Edwardi quarti post conquestum Tercio.

TRANSLATION.

EDWARD by the grace of God, King of England and France, and Lord of Ireland, TO all to whom these present letters shall come, health. KNOW ye, that we considering how our beloved, honest, and free men of the Mystery of Barbers of our City of London, exercising the Mystery or Art of Surgery, as well respecting wounds, bruises, hurts, and other infirmities of our liegemen, and healing and curing the same, as in letting blood, and drawing the teeth of our liege men, have for a long time undergone and supported, and daily do undergo and support, great and manifold applications and labours; and also, how through the ignorance negligence and stupidity of some of the men of the said Barbers, as well of the freemen of our said City, as of other Surgeons foreigners and not freemen of the said City, and who daily resort to the said City, and in the mystery of Surgery are not sufficiently skilled, whereby very many and almost infinite evils have before this time happened to many of our liegemen, in their wounds, hurts, bruises, and other infirmities, by such Barbers and Surgeons, on account of their defect in healing and curing; from which cause, some of our said liegemen have gone the way of all flesh, and others, through the same cause, have been by all given over as incurable and past relief, and it is to be dreaded, that similar or greater evils may in future arise on this head, unless proper remedy is by us, speedily provided for the same. WE therefore, heartily weighing and considering that such evils do happen to our liegemen for want of the examinations, corrections, and punishments by a due supervision of such Barbers and Surgeons as are insufficiently skilled and instructed in the said mysteries or arts as aforesaid; have at the humble request of our aforesaid beloved, honest, and freemen of the said Mystery of Barbers in our said city, granted to them that the said Mystery, and all men of the said Mystery aforesaid, may be in deed and name one body and one perpetual Community, and that two Principals of the said Community may, with the consent of twelve persons, or at least eight of the said Community who are best skilled in the mystery of Surgery, every year elect and make out of the Community, two Masters or Governors of the utmost skill, to superintend rule and govern the Mystery and Community aforesaid and all men of the said Mystery, and of the businesses of the same for ever. AND THAT the said Masters or Governors and Community may have a perpetual succession and common seal to serve for the affairs of the said Community for ever, and that they and their successors for ever may be able and capable to acquire and possess in fee and perpetuity lands, tenements, rents, and other possessions whatsoever, to the value of five marks per annum, besides reprises. And that they, by the name of the Masters or Governors and Community of Barbers of London, may be able to plead and to be impleaded before whatsoever Justices in Courts, and actions whatsoever. And that the said Masters or Governors and Community, and their successors, may lawfully and honestly assemble themselves, and make statutes and ordinances for the wholesome government, superintendence, and correction of the said Mystery, according to the exigency of the necessity, as often and whenever it may be requisite, lawfully and unpunishably, without leave or hindrance of us, our heirs or successors, Justices, Escheators, Sheriffs, Coroners, or any other Bailiffs, or servants of us, our heirs or successors; provided that such statutes or ordinances are not in any ways contrary to the laws and customs of our Kingdom of England. WE FURTHER will and grant, for us, our heirs and successors, as far as in us lies, that the Masters or Governors of the aforesaid Community for the time being, and their successors for ever, shall have the superintendence, scrutiny, correction, and government of all and singular the freemen of the said City who are Surgeons, exercising the Mystery of Barbers within the said City, and of all other foreign Surgeons whomsoever, in anywise practising and using the said Mystery of Surgeons in the said City and the suburbs thereof, and the punishment of them, as well freemen as foreigners, for their offences in not perfectly following, practising and using that mystery, and also the superintendence and scrutiny of all kinds of instruments, plaisters, and other medicines, and their recipes, by such Barbers and Surgeons given, applied, and used for our liege men, for curing and healing their wounds, bruises, hurts and such kind of infirmities, when and as often as shall be requisite for the convenience and utility of our liege men; so that punishment of such Barbers exercising the said mystery of Surgeons, so offending in the premisses, be executed by fines, amerciaments, and imprisonments of their bodies, and by other reasonable and suitable means; and that no Barber exercising the said mystery of Surgeons in the said City and suburbs thereof, or any other foreign Surgeon whatsoever, shall in future be admitted to follow, practise and exercise the said mystery of Surgeons, in anywise, within the said City or the suburbs thereof, unless he be first approved by the said Masters or Governors, or their successors, for this purpose able and sufficient as skilled in the said Mystery, and for his plenary approbation in this behalf, by the said Masters or Governors to the Mayor of the said City for the time being, presented. WE ALSO will and grant, for us our heirs and successors, as far as in us lies, that neither the said Masters or Governors and community of the said Mystery of Barbers, nor their successors, nor any of them shall hereafter, in anywise be summoned or appointed on any assizes, juries, inquests, inquisitions, attainders, or other recognizances, within the said City or suburbs thereof for the time to come, before the Mayor or Sheriffs or Coroners of our said City for the time being, by any summoning officer or his servant, or summoning officers or their servants, although the said juries, inquisitions, or recognizances should be summoned by a writ or writs of right, of us or our heirs, but that the said Masters or Governors and Community of the aforesaid Mystery and their successors shall, from henceforth for ever, be peaceably and entirely exonerated towards us, our heirs and successors, and towards the Mayor and Sheriffs of our said City for the time being, and every of their officers and servants, by these presents. AND FURTHER, we, in consideration of the premisses, do of our special grace, for us and our successors, grant to the said Masters or Governors and Community of the said Mystery of Barbers, and their successors, this liberty, to wit, that they in all future times may admit and receive persons apt and sufficiently skilled and informed in the said Mystery of Surgery, and by the Masters or Governors for the time being of the said Mystery, in manner aforesaid approved, and presented to the Mayor of the said City for the time being as aforesaid, into the said Mystery of Barbers to the fredom of the said City, to be held and enjoyed according to the custom of the said City; and no other persons whomsoever, nor in any other manner, any mandate or requisition of us, our heirs or successors, by written letters or otherwise howsoever made or to be made to the contrary notwithstanding. AND ALTHOUGH the said Masters or Governors and Community and their successors should contumaciously use this liberty in future against any mandate or requisition of us, our heirs, or successors, or any others whomsoever to be made in form aforesaid, neither they nor any of them shall in anywise incur any fine, contempt, or loss towards us, our heirs or successors, or any damage or punishment in their goods or bodies, or towards any other persons whatsoever, on that account; AND this without fine or fee for the sealing of these presents, to be done paid or otherwise rendered unto us; any statute, ordinance, or any act to the contrary, before this time published made ordained or provided notwithstanding IN WITNESS whereof, we have caused these our letters to be made patent. WITNESS myself at Westminster the twenty-fourth day of February in the first year of our reign.

PEKHAM.

By writ of privy seal, and of the date aforesaid, by authority of Parliament, and for ten pounds paid into the hanaper.

(Endorsed.)

Inrolled in the Court of the Lord the King, in the chamber of the Guildhall of the City of London in the book marked with the letter l. folio thirteen in the third year of the reign of King Edward the Fourth from the Conquest.

The chief point which strikes us on reading the foregoing Charter is, that it contains a great deal relative to Surgery, and little, indeed nothing, concerning Barbery, and yet it is granted ostensibly to the Barbers!

Now the Surgical side being the more important one of the craft, and the _raison d’être_ of the Charter being in a great measure to provide for the regulation of Surgery and the correction of abuses in that profession, this silence as to Barbery and recognition of Surgery would seem to be an evidence that the practice of the latter, more or less, was the rule rather than the exception with members of the Company of Barbers; and, as the Masters or Governors were empowered to make “statutes and ordinances” (by-laws) for the governance of the mystery, it was doubtless considered unnecessary to descend into any details concerning shaving and the like in a Royal Charter.

The preamble of this Charter is exceedingly quaint and interesting, reciting how through the “ignorance, negligence and stupidity” of various Barbers and other practitioners in Surgery, many of the King’s lieges had “gone the way of all flesh.” Then at the request of “our beloved, honest and free men of the said Mystery of Barbers,” the King grants to them, to be one body perpetual, etc., that two of the chief men of the Company (no doubt the two then existing Masters “exercising the faculty of Surgery”) may with twelve or at least eight other skilled Barber-Surgeons, elect two Masters annually: this provision in itself is singular, as it would seem to imply that the body then incorporated was to be ruled by two Masters only; but a reference to our list of Masters and Wardens will shew that from the year 1448 the Company has been ruled by four Masters, and so on in unbroken succession to the present time[48]; these other two Masters therefore were Masters of the Barbers proper, about whom nothing was said in the Charter, but who were chosen annually in accordance with ancient custom, the Chief or First Master being alternately a Barber, and a Barber-Surgeon.

[48] The term “Wardens” is a more modern designation used for convenience sake; the Master and the three Wardens are, strictly speaking, the four “Masters or Governors.”

The Corporation was to have perpetual succession, and a Common seal, to hold lands of a certain value, to be able to plead and to be impleaded, to make by-laws, to have the scrutiny and correction of (apparently _all_) Surgeons in the City and suburbs, as also the oversight of all their instruments and medicines, etc., and to have the power of inflicting punishment, by fine or imprisonment, on offenders. None were to practise Surgery until examined and approved by the Masters and presented to the Mayor, and authority was given for the freemen of the Company to be admitted into the freedom of the City.

Another clause in the Charter was one which, whilst it conferred a valuable privilege upon the Company, was a source of continual strife and conflict with the Civic authorities, for by it _all_ our freemen claimed to be exempted from serving on Juries and inquisitions, and this immunity, though constantly disputed, was as often asserted and maintained, with various qualifications.

In _The Times_, November 26, 1839, is an account of the exemption of certain freemen of the Company from serving on Juries at the Central Criminal Court. In this instance neither the claimants nor the Recorder knew much about the matter--for one of the applicants said, in reply to the Recorder, “I rest my claim on the Charter of _Henry VIII_”_!!_ And, further on in the discussion, the same bold Barber had the effrontery to declare that “the privilege was confirmed by an Act passed in the reign of George II.” This was the Act which separated the Surgeons from the Barbers, and which did _not_ confirm to the latter the exemption claimed, but our freeman gained his point, and the Recorder only grumbled.

As recently as 1868, a case was submitted to Sir J. D. Coleridge (now Lord Chief Justice) as to the legality of the exemption, and he gave his opinion in favour of it. However, since then the Jury Act has, alas! swept away this cherished immunity, and thus let the Barbers down to the level of their fellow citizens.

With the possession of their Charter the Company were now in an unassailable position, and we hear no more of their molestation by the Guild of Surgeons.

1470. The Company about this period came into possession of some freehold houses in St. John the Baptist upon Walbrook, to be held both for trust and corporate purposes. These houses are stated in our books to have been devised to us by Will (dated 2nd Dec., 1470) of Robert Ferbras. There are three old title deeds of the period still at the Hall, relating to these houses, and in the Court of Husting at Guildhall are two Wills of Robert Ferbras, Surgeon, both proved, one dated 4th Nov., 1470, and the other 17th April, 1472--but neither of these contain the bequest to the Barbers. It is, therefore, probable that Robert Ferbras conveyed the houses to the Company in his lifetime, and this fact being overlooked in course of years, it came to be said that they passed by his Will.

1482. 26th April.--The Company applied to the Court of Aldermen, presenting a set of ordinances for the government of the craft and for the regulation of apprentices, praying that the same might be allowed and ratified, which was done. The official entry under this date is in _Letter-Book L._ 174, and the following are the Ordinances:--

[Sidenote: Ordinacio } BarbitonsoꝜ}]

Memorand qˀd sexto decimo die Aprilis Anno regni Regis Edwardi quarti post conq̃m vicesimo scᵭo pˀᵬi hõies Artis sive mistere BarbitonsoꝜ Civitatis london venˀ hic in Curˀ dc̃i Dnĩ Regis in Camˀa Guyhald Civitatꝭ pˀdcĩ coram Willm̃e Haryot milite ac maiore & Aldr̃is ejusdem Civitatis et porrexer̃nt eisdem maiore & Aldr̃is quand{a}m billam sive supplicacõem Cujus tenor sequitur in hec verba.