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.
Armed with this additional authority, the Surgeons’ Guild again sought
to interfere with and scrutinize the Barber-Surgeons of the Barbers’
Company. These latter, however, must have had good friends at Court,
and were not slow in asserting and obtaining confirmation of their
rights and privileges, as will be seen by reference to the following
record in _Letter-Book K._ 27{B.}:--
1424. MEMORANDUM. That on Friday the 10th day of November in the
third year of the reign of Henry the Sixth from the Conquest
before John Michell, Mayor, Thomas Knolles and other Aldermen, and
Simon Seman and John Bithewater, Sheriffs of the City of London,
It was granted and ordained that the Masters of the faculty of
Surgery within the craft of Barbers of the same city, do exercise
the same faculty even as fully and entirely as in the times of
Thomas Fauconer late Mayor, and other Mayors, it was granted unto
them, notwithstanding the false accusation (_calumpnia_) which the
Rector and Supervisors of Physic and the Masters of Surgery pretend
concerning a certain ordinance made in the time of William Walderne
late Mayor (_1423_) and entered in the letter book K, folio 6, the
which, they now endeavour to enjoin upon the said Barbers.
1451. With the exception of a few references (which are noticed
elsewhere) the City records are silent concerning the Barbers’ Company
until this year, when the Master and Wardens, styled here “Gardiani,”
with certain honest men of the Mystery of Barbers, brought a Bill
before the Mayor and Aldermen, praying them to establish certain
Ordinances, and to enter them of record, which was granted and done.
These Ordinances provided for the enforcement of stated penalties
in cases of disobedience and related to attendance upon summons,
settlements of disputes, refusal of office, admission of members, evil
speaking, assemblies and payments, instruction of “foreyns,” employment
of aliens. They are to be found in _Letter-Book K._ 250, and are the
first written in English, all previous ones being either in Latin or
Norman French in the originals.
MEMORANDUM q{d.} xxv{to.} die ffebruarii Anno regni Regis Henrici
Sexti post conquestˀ vicesimo nono veniunt hic in Curˀ Dñi Regis
in Camˀa Guyhald Civitatis london coram Nich̃o Wyfold Maiore &
Aldermannis ejusdem Civitatꝭ magistˀ & Gardianˀ necnon cẽti probi
homines misterˀ barbitonsoꝜ Civitatꝭ p’dcẽ & porrexerunt dcisˀ Maiore
& Aldermannis quandam billam sive supplicacioñe vˀboꝜ sequentˀ seviem
continentem Unto the ryght Worshipfull and Worshipfull lord and
souvˀaignes Mair and Aldremen of the Citee of London,
BESECHEN most mekely all pˀsones enfˀunchised in the craft and
mistier of Barbours wythin the said Citee That it please unto your
lordshippˀ and Right wise discrecions for to consider howe that for
as moche as certein ordin{a}nces been establisshed made and entred
of Record in the ch{a}umber of the yeldhall of the said Citee all
pˀsonnes of the said Craft have fully in opinion for to obeye observe
and kepe theim and noon other in eny Wise, So been y{r.} many and
divˀse defaultes often tymes amonges your said besechers not duely
corrected for default of such other ordin{a}nces to be made and
auctorised sufficiently of record in the said ch{a}umber, like it
therefore unto your said lordshippe and grete Wisdoms of your blessed
disposicons for the pˀpetuell Wele and good Rule of the said Craft
for to establissh and make these ordinaunces here folowyng pˀpetuelly
to endure and for to be observed and putte in due execucion in the
same craft And to be auctorised of record in the said ch{a}umber
for evˀ And your said besechers shall pray god for you.
FFIRST that evˀy barbour enfˀ{a}uncheised householder and other
occupier of the same craft holdyng eny shopp of barberye wythin the
Citee of london shall be redy att all manˀ som̃ons of the Maisters
and Wardeins of the same craft for the tyme being that is to sey for
the Kyng the Mair or for eny Worshipp of the said Citee And yef eny
man occupying the said craft in manˀe and fourme aforesaid absent him
from eny such som̃ons wythoute cause reasonable and thereof duely
convict than he to pay at the ch{a}umber of the yeldhall xiij{s.}
iiij{d.} that is to say vj{s.} viij{d.} to the same ch{a}umber and
other vj{s.} viij{d.} to the almes of the said craft. Also that evˀy
man enfˀ{a}uncheised under the fourme abovesaid that disobeyeth
and kepeth not his houre of his som̃ons at eny tyme w{t}oute cause
reasonable and yˀof[44] duely convict shall paye to the almesse of
the said craft at evˀy tyme y{t.} he maketh such defaute ij{d.} And
yef eny of theim what so evˀ he be of the same craft that disobeye
this ordin{a}nce he shall paye to the ch{a}umber of the yeldhall
iij{s.} iiij{d.} at evˀy tyme that he maketh such default.
[44] thereof.
ALSO that yef eny matˀe of debate or difference be betwene eny
pˀsoones of the said craft Which god defend, that none of theim shall
make eny pursuyt at the comˀon lawe unto the tyme y{t.} he that
findeth him aggreved in that pˀtie hath made his compleint unto the
maister and Wardeins of the same craft for the tyme being and they
to ffynyssh the matˀe and the cause of the said compleint Wythin
vj dayes after such compleint made and yef they conclude not and
ffynyssh the same matˀe Wythin the said vj dayes that yanne it be
lefull to either pˀtie to take the benefice of the comˀon lawe Wythin
this Citee So alwayes that the pˀtye ageinst whom the compleint is
made be not fugityf And what pˀsone of the said craft that doth
contrarie this ordin{a}nce shall paye at evˀy tyme at the chaumber
of the yeldhall xiij{s.} iiij{d.} that is to sey vj{s.} viij{d.} to
y{e} said ch{a}umber and oy{r.} vj{s.} viij{d.} to y{e} almesse of
y{e} said craft.
ALSO that noon able pˀsone of the said craft enfˀ{a}uncheised shall
refuse eny manˀ office or clothing pˀtinent to the said craft Whan
and What tyme that he be by his bretheren be abled and elect y{r}to
upon pein to paye at the ch{a}umber of the yeldhall xl{s.} that is
to wete xx{s.} to the same ch{a}umber and other xx{s.} to the said
almesse Also what man of the said craft that absenteth him fro the
said eleccion Wythoute cause reasonable or absent him fro the dyner
to be made the same day and will not paye therto his pˀt thanne he
shall paye at the said ch{a}umber iij{s.} iiij{d.} that is to sey
xx{d.} to the same ch{a}umber and other xx{d.} to the almes of the
said craft.
ALSO that the maisters and Wardeins of the same craft that nowe be
or in tyme to come shall be, shall not take admitte or resceive eny
pˀsone in to the bretherhede or clothing of the same craft Wythoute
the com̃on assent of the bretheren of the said craft or the more
pˀt of theim upon pein of eviˀch such maister or Wardein that doth
cont{a}rie this ordin{a}nce xx{s.} that is to say x{s.} to the
ch{a}umber and x{s} to the almesse of the said craft.
FFURTHERMORE it is ordeigned that from hens forward yef eny man
occupying the said craft be imfouled and of evell Will and malice so
be unavised to revile or reprof eny man of the same craft that is to
seye for to lye him or wyth other dishonest Wordes misgovˀne him in
presence of the said maisters and Wardeins or in eny oy{r.} places
and pˀof[45] by the report of the said maisters and Wardeins be duely
convict what so evˀ he be of the same craft that is so misgovnˀed at
eny tyme shall paye at the said ch{a}umber for evˀy such default
vj{s.} viij{d.} that is to say to the same chumber iij{s.} iiij{d.}
and to the Almes of the said craft iij{s.} iiij{d.}
[45] Query “y{r} of” == thereof.
ALSO it is ordeigned that evˀy man enfˀ{a}uncheised of the said
craft under fourme aforesaid shall assemble with his ffelashipˀ of
the same craft by thassignement of the said maisters and Wardeins
being for the yeer in a certein place limited by theim at iiij tymes
of the yeer And at evˀy such quarter day in the yeer evˀy brother
enfˀ{a}uncheised and being of the clothing therof shall paye to the
almes abovesaid iij{d.} And evˀy man that is so enfˀ{a}uncheised
of the same craft and is not of the clothing of the same shall paye
to the same almes j{d.} Which iiij dayes be these that is to saye
the tewesday next after all hallown day the tewesday next after
candelmasday the tewesday next after Trinite sonday and the tewesday
next after lammas day to thentent that the said maisters and Wardeins
shall enquere amongꝭ the said compaignye so assembled that yef eny
default ranker or discord be hadd or moved amongꝭ theim that thanne
the said maisters and Wardeins shall sett theim at rest accord and in
unite to that they canne or may, after the fourme and custume as have
been before used And what parsonne of the said craft be absent eny of
the said dayes wythoute cause reasonable he shall paye for evˀy such
day iiij{d.} to the expenses of the said maisters.
ALSO it is ordeigned and establisshed that no barbour nor other
able pˀsonne using barbourye shall enfourme eny foreyn nor him
teche in no wise in eny manˀ point that belongeth to the craft of
barbourye or surgˀye wherby the same foreyn shall pˀceyve and take
by his own capacite and exˀcise unto the tyme that the same foreyn
be bounden appˀntice to a pˀsone barbour or other pˀsonne able
enfˀ{a}uncheised using the same craft Wythin the Citee of london
upon peyne to paye at the ch{a}umber of the yeldhall for evˀy such
defaute iiij marc, that is to say to the same ch{a}umber xxvj{s.}
viij{d.} and to the Almes of the said craft other xxvj{s.} viij{d.}
AND also that no barbour nor other able pˀsoone occupying the same
craft shall take eny Alien nor stˀ{a}unger in to his sˀvice unto
the tyme that the same alien or stˀ{a}unger be examined by the
maistˀ and Wardeins of the same craft of his abilite and Connyng
And thereupon the maistˀ and Wardeins With other vj or viij of the
moost able and Kunnyng pˀsonnes of the craft shuld taxe him after
his abilite after that hem semeth that he be worthy to take yeerly
for his salarie And also that no Barbour shall take eny alien or
stˀ{a}unger that hath been or w{t}in sˀvice wyth an other barbour
enfˀ{a}uncheised before that he knowe well that the same sˀvnt hath
complete his coven{a}ntes wyth his former maister upon pein to
paye for evˀy such defaute at evˀy tyme that he be founde defectif
ayenst eny of these ordin{a}nces at the said ch{a}umber xiij{s.}
iiij{d.} that is to wete to the same ch{a}umber vj{s.} viij{d.}
and to the said almesse vj{s.} viij{d.} and also make restitucion of
the damage unto the pˀtie that findeth him greved.
AND also that no man occupying the said craft shall pˀcure eny
other mannes sˀvnt oute of sˀvise upon the peyn aforesaid and
damage unto the pˀtie pleintif And also it is ordeigned that from
hensforward that no harbour enfˀ{a}uncheised nor eny other able
pˀsoons occupying the said craft shall not take into his sˀvice
eny stˀ{a}unger or forein for lasse time thanne a yeer And what
pˀsone enfˀ{a}uncheised or occupying the said craft disobeys this
ordin{a}nce shall renne in the pein of xiij{s.} iiij{d.} that to be
devided in manˀ and fourme above said.
AND also that no pˀsons of the said craft of barbours nor other able
pˀsone occupying the same craft huyre no ffˀ{a}unchised man of the
same craft oute of his shopp ne dwellyng place upon pein of xl{s.}
that is to wete to the said ch{a}umber xx{s.} And to the Almesse of
the said Craft other xx{s.}
Qua quidem billa coram dˀcĩs maiore & Aldermannis lectˀ & per
eosdem plenius intellectꝭ Qua videtur eisdem qˀd omnes articuli
in dˀca billa contentꝭ sunt boni & honesti ac racioni consomˀ,
&c., &c. (The articles were ratified confirmed and ordered to be
entered of Record in the books of the Chamber of London.)
Nothing is now heard of the Surgeons’ Guild for some years, although
they were still in existence. It is quite probable, that finding the
Barbers had invariably obtained the protection and countenance of the
City authorities, whenever their privileges had been assailed or called
in question, they had given over their attempts at interference with
them as hopeless, and allowed our worthy predecessors to continue to
“exercise the faculty of surgery,” in peace; and being unmolested they
doubtless grew in numbers, in importance, and in the knowledge of their
art, until it was admitted that their position as one of the Guilds,
warranted them in applying for a Charter of Incorporation, which was
granted to them by Edward IV in 1462.