‘The King our Sovereign Lord, by the advice of the Lords Spiritual and Temporal and the Commons, in this present Parliament assembled, and by the Authority of the same, by all their common Assents, duly pondering among other Things necessary for the Common Wealth of this Realm, that it is very expedient and needful to provide for Men expert in the Science of Physick and Surgery, for the Health of Man’s Body, when Infirmities and Sickness shall happen, for the due Exercise and Maintenance whereof good and necessary Acts be already made and provided; yet nevertheless, forasmuch as within the City of London, where Men of great Experience, as well in Speculation as in Practice of the Science and Faculty of Surgery, be abiding and inhabiting, and have more commonly the daily Exercise and Experience of the same Science of Surgery, than is had or used within other Parts of this Realm; and by occasion thereof many expert Persons be brought up under them as their Servants, Apprentices and others, who by the Exercise and diligent Information of their said Masters, as well now as hereafter, shall exercise the said Science within divers other parts of this Realm, to the great Relief, Comfort and Succour of much People, and to the sure Safeguard of their bodily Health, their Limbs and Lives; and forasmuch as within the said City of London, there be now two several and distinct Companies of Surgeons, occupying and exercising the said Science and Faculty of Surgery, the one Company being called The Barbers of London, and the other Company called The Surgeons of London, which Company of Barbers be incorporated to sue and be sued by the Name of Masters or Governors of the Mystery or Commonalty of the Barbers of London, by Virtue and Authority of the Letters Patents under the Great Seal of the late King of famous Memory, King Edward the Fourth, dated at Westminster the four and twentieth of February, in the first year of his Reign, which afterward, as well by our now most dread Sovereign Lord, as by the right noble and virtuous Prince King Henry the Seventh, Father unto the King’s most excellent Highness now being, were and be confirmed, as by sundry Letters Patents thereof made, amongst other things in the same contained, more at large may appear; and the other Company called the Surgeons, be not incorporate, nor have any manner of Corporation; which two several and distinct Companies of Surgeons were necessary to be united, and made one Body incorporate, to the intent that by their Union and often assembly together, the good and due Order, Exercise, and Knowlege of the said Science or Faculty of Surgery should be as well in Speculation as in Practice, both to themselves, and all other their said Servants and Apprentices, now and hereafter to be brought up under them, and by their Learnings and diligent and ripe Informations, more perfect, speedy and effectual Remedy should be, than it hath been, or should be if the said two Companies of Barbers and Surgeons should continue severed asunder, and not joined together, as they before this time have been, and used themselves not medling together;’ wherefore in consideration of the Premisses, be it enacted by the King our Sovereign Lord, and by the Lords Spiritual and Temporal, and by the Commons in this present Parliament assembled, and by the Authority of the same, That the said two several and distinct Companies of Surgeons, that is to say, both the Barbers and the Surgeons and every Person of them, being a Freeman of either of the said Companies after the Custom of the said City of London, and their Successors from henceforth, immediately be united and made one entire and whole body corporate and one Commonalty perpetual, which at all times hereafter shall be called by the name of Masters or Governors of the Mystery and Commonalty of Barbers and Surgeons of London, for evermore, and by none other name; and by the same name to implead and be impleaded before all manner of Justices, in all courts, in all manner of Actions and Suits, and also to purchase, enjoy, and to take to them and to their Successors, all manner of Lands, Tenements, Rents, and other Possessions, whatsoever they be; and also shall have a Common Seal, to serve the business of the said Company and Corporation for ever, and by the same name peaceably, quietly, and indefeasably shall have, possess and enjoy to them and to their Successors for ever all such Lands and Tenements, and other Hereditaments whatsoever, which the said Company or Commonalty of Barbers have and enjoy to the Use of the said Mystery and Commonalty of Barbers of London; and also shall peaceably and quietly have and enjoy all and singular Benefices, Grants, Liberties, Privileges, Franchises and free Customs, and also all manner of other Things at any time given or granted unto the said Companies of Barbers or Surgeons by whatsoever name or names they or any of them were called, and which they or any of them now have, or any of their Predecessors have had, by Act of Parliament, Letters Patents, of the King’s Highness, or other his most noble Progenitors, or otherwise by any lawful means have had at any time afore this present Act, in as large and ample Manner and Form as they or any of them have, had, might or should enjoy the same, this Union or Conjunction of the said Companies together notwithstanding; and as largely to have and enjoy the Premisses, as if the same were and had been specially and particularly expressed and declared with the best and most clearest Words and Terms in the Law, to all Intents and Purposes, and that all persons of the said Company now incorporate by this present Act, and their Successors, shall be lawfully admitted and approved to occupy Surgery, after the form of the Statute in that case ordained and provided shall be exempt from bearing of Armor, or to be put in any Watches or Inquests; and that they and their Successors shall have the Search, Oversight, Punishment, and Correction, as well of Freemen as of Foreigners for such Offences as they or any of them shall commit or do against the good Order of Barbery or Surgery, as afore this Time among the said Mystery and Company of Barbers of London hath been used and accustomed, according to the good and politick Rules and Ordinances by them made, and approved by the Lord Chancellor, Treasurer and two chief Justices of either Bench, or any three of them after the Form of the Statute in that case ordained and provided.
II. And further be it enacted by the Authority aforesaid, That the said Masters or Governors of the Mystery and Commonalty of Barbers and Surgeons of London and their Successors yearly for ever, after their said Discretions, at their free Liberty and Pleasure, shall and may have and take without Contradiction four persons condemned, adjudged, and put to death for Felony by the due Order of the King’s Laws of this Realm for Anatomies, without any further Suit or Labour to be made to the King’s Highness, his Heirs or Successors of the same; and to make Incision of the same dead bodies, or otherwise to order the same after their said Discretions at their Pleasures for their further and better Knowledge, Instruction, Insight, Learning and Experience in the said Science or Faculty of Surgery; saving unto all Persons their Heirs and Successors all such Right, Title, Interest and demand which they or any of them might lawfully claim or have in or to any of the Lands and Tenements with the Appurtenances belonging unto the said Company of Barbers and Surgeons, or any of them, at any time afore the making of this Act, in as ample Manner and Form as they or any of them had or ought to have had heretofore; any Thing in this present Act comprised to the contrary hereof in any wise notwithstanding.
III. And forasmuch as such Persons using the Mystery or Faculty of Surgery, oftentimes meddle and take unto their Cures and houses such sick and diseased Persons as been infected with the Pestilence Great Pox, and such other contagious Infirmities do use or exercise Barbery, as washing, or shaving or other Feats thereunto belonging which is very perilous for infecting the King’s liege People resorting to their Shops and houses there being washed or shaven: Wherefore it is now inacted, ordained and provided by the Authority aforesaid, That no manner of Person within the City of London, Suburbs of the same and one Mile Compass of the said City of London, after the feast of the Nativity of our Lord God next coming, using Barbery or Shaving or that hereafter shall use any Barbery or Shaving within the said City of London, Suburbs or one mile Circuit of the same City of London, he nor they nor none other for them, to his or their Use, shall occupy any Surgery, letting of blood, or any other thing belonging to Surgery; drawing of teeth only except. And furthermore in like manner whosoever that useth the Mystery or Craft of Surgery within the Circuit aforesaid as long as he shall fortune to use the said Mystery or Craft of Surgery, shall in no wise occupy nor exercise the Feat or Craft of Barbery or Shaving, neither by himself, nor by none other for him, to his use or their use: And moreover, that all manner of Persons using Surgery for the time being, as well Freemen as Foreigners, Aliens and Strangers within the said City of London, the Suburbs thereof, and one Mile compass of the said City of London, before the Feast of St. Michael, the Archangel next coming, shall have an open Sign on the Street side where they shall fortune to dwell, that all the King’s liege People there passing by may know at all times, whither to resort for Remedies in Time of necessity.
IV. And further be it enacted by the Authority aforesaid, That no manner of Person after the said Feast of St. Michael the Archangel next coming, presume to keep any Shop of Barbery or Shaving within the City of London, except he be a Freeman of the same Corporation and Company.
V. And furthermore at such Times heretofore accustomed, there shall be chosen by the same Company four Masters or Governors of the same Corporation or Company, of the which four, two of them shall be expert in Surgery, and the other two in Barbery; which four Masters, and every of them, shall have full Power and Authority from Time to Time, during their said Office, to have the Oversight, Search, Punishment and Correction of all such Defaults and Inconveniences as shall be found among the said Company using Barbery or Surgery, as well of Freemen as Foreigners, Aliens or Strangers, within the City of London and the Circuits aforesaid, after their said Discretions; And if any Person or Persons using any Barbery or Surgery at any Time hereafter offend in any of these Articles aforesaid, that then for every Month the said Persons so offending shall lose, forfeit and pay v. li. the one Moiety thereof to the King our Sovereign Lord, and the other Moiety to any Person that will or shall sue therefore by Action of Debt, Bill, Plaint or Information in any of the King’s Courts, where no Wager of Law, Essoin or Protection shall be admitted or allowed in the same.
VI. Provided that the said Barbers and Surgeons, and every of them, shall bear and pay Lot and Scot, and such other Charges as they and their Predecessors have been accustomed to pay within the said City of London; this Act nor any thing therein contained to the contrary hereof in any wise notwithstanding.
VII. Provided alway, and be it enacted by Authority aforesaid, That it shall be lawful to any of the King’s Subjects, not being Barber or Surgeon, to retain have and keep in his House as his Servant any Person being a Barber or Surgeon, which shall and may use and exercise those Arts and Faculties of Barbery or Surgery, or either of them in his Master’s House, or elsewhere by his Master’s Licence or Commandment; any Thing in this Act above written to the contrary notwithstanding.
‘Where in the Parliament holden at Westminster, in the third year of the King’s most gracious reign, amongst other things, for the avoiding Sorceries, Witchcraft, and other inconveniencies; it was enacted, That no Person within the City of London, nor within seven miles of the same, should take upon him to exercise and occupy as Physician or Surgeon, except he be first examined, approved and admitted by the Bishop of London, and others, under and upon certain Pains and Penalties, in the same Act mentioned: since the making of which Act, the Company and Fellowship of Surgeons of London, minding only their own lucres, and nothing the profit or ease of the Diseased or Patient, have sued, troubled, and vexed divers honest Persons, as well Men as Women, whom God hath endued with the knowledge of the nature, kind and operation of certain herbs, roots and waters, and the using and ministering of them to such as been pained with customable Diseases, as Women’s Breasts being Sore, a Pin and the Web in the eye, Uncomes of Hands, Burnings, Scaldings, Sore Mouths, the Stone, Stranguary, Saucelim, and Morphew, and such other like Diseases; and yet the said Persons have not taken any thing for their Pains or Cunning, but have ministered the same to poor People only, for Neighbourhood and God’s sake, and of Pity and Charity; and it is well known, that the Surgeons admitted will do no cure to any Person, but where they shall know to be rewarded with a greater sum or reward than the cure extendeth unto; for in case they would minister their cunning unto sore People unrewarded, there should not so many rot, and perish to Death for lack or help of Surgery, as daily do; but the greatest part of Surgeons admitted been much more to be blamed, than those Persons that they trouble.’
‘For although the most part of the Persons of the said Craft of Surgeons, have small cunning, yet they will take great Sums of Money, and do little therefore; and by reason thereof, they do oftentimes impair and hurt their Patients, rather than do them good.’ In consideration whereof, and for the Ease, Comfort, Succour, Help, Relief, and Health of the King’s poor Subjects, Inhabitants of this Realm, now pained or diseased, or that hereafter shall be pained or diseased.
Be it ordained, established, and enacted, by the Authority of this present Parliament, that at all time from henceforth, it shall be lawful to every Person being the King’s Subject, having knowledge and experience of the nature of Herbs, Roots, and Waters, or of the operation of the same, by Speculation or Practice, within any part of the Realm of England, or within any other of the King’s Dominions, to practise, use, and minister in and to any outward Sore, Uncome, Wound, Apostemations, outward Swellings or Disease, any Herb or Herbs, Ointments, Baths, Pultess, and Emplasters, according to their Cunning, Experience and Knowledge, in any of the Diseases, Sores, and Maladies beforesaid, and all other like to the same, or Drinks for the Stone, Stranguary or Agues, without Suit, Vexation, Trouble, Penalty, or loss of their Goods; the foresaid Statute in the foresaid third Year of the King’s Most Gracious Reign, or any other Act, Ordinance, or Statute to the contrary heretofore made in anywise notwithstanding.
‘Whereas in the Parliament holden at London, the fifteenth Day of April, in the fourteenth year of the Reign of our late Sovereign Lord, King Henry the Eighth, and from thence adjourned to Westminster, the last day of July, in the fifteenth year of the Reign of the same king, and there holden, it was enacted, That a certain Grant of Letters Patents of Incorporation, made and granted by our said late king to the Physicians of London, and all Clauses and Articles contained in the same Grant, should be approved, granted, ratified and confirmed by the same Parliament.’
For the consideration thereof, be it enacted, by the Authority of this present Parliament, That the said Statute or Act of Parliament, with every Article and Clause therein contained, shall from henceforth stand and continue in full Strength, Force and Effect; any Act, Statute, Law, Custom, or any other thing made had or used to the contrary in any wise notwithstanding.
III. And for the better Reformation of divers Enormities happening to the Commonwealth, by the evil using and undue Administration of Physick, and for the enlarging of further Articles for the better Execution of the things contained in the said Grant enacted;
IV. Be it therefore now enacted, That whensoever the President of the College, or Communalty of the Faculty of Physick of London, for the time being, or such as the said President and College shall yearly, according to the Tenor and Meaning of the said Act, authorise to search, examine, correct and punish all Offenders and Transgressors in the said Faculty, within the same City and Precinct in the said Act expressed, shall send or commit any such Offender or Offenders for his or their Offences or Disobedience, contrary to any Article or Clause contained in the said Grant or Act, to any Ward, Gaol or Prison, within the same City and Precinct (the Tower of London, except) That then from time to time, the Warden, Gaoler or Keeper, Wardens, Gaolers, or Keepers of the Wards, Gaols and Prisons within the City or Precinct aforesaid, (except before excepted) shall receive into his or their Prisons all and every such Person and Persons so offending, as shall be so sent or committed, to him or them, as is aforesaid; and there shall safely keep the person or persons so committed, in any of their Prisons, at the proper Costs and Charges of the said Person or Persons so committed, without Bail or Mainprise, until such time as such Offender or Offenders or Disobedient be discharged of the said Imprisonment by the said President, and such Persons as by the said College shall be thereto authorised; upon Pain that all and every such Warden, Gaoler and Keeper, doing the contrary, shall lose and forfeit double of such Fine and Amerciament as such Offender and Offenders or Disobedients, shall be assessed to pay, by such as the said President and College shall authorise as aforesaid, so that the same Fine and Amerciament be not at any one time above the sum of xx li. the Moiety thereof to be employed to the use of our Sovereign Lady the Queen, her Heirs and Successors, the other Moiety unto the said President and College: all which forfeitures to be recovered by Action of Debt, Bill, Plaint, or Information, in any of the Queen’s, her Heirs and Successor’s Courts of Record, against any such Warden, Gaoler or Keeper so offending; in which Suit no Essoin, Wager of Law, nor Protection shall be allowed nor admitted for the Defendant.
V. And further, be it enacted by the Authority aforesaid, for the better Execution of the Search and view of Poticary Wares, Drugs and Compositions, according to the Tenor of a Statute made in the xxxii Year of the Reign of the said late King Henry the Eighth, That it shall be lawful for the Wardens of the Grocers, or one of them, to go with the said Physicians in their View and Search, that if the said Warden or Wardens do refuse his or their coming thereunto, forthwith and immediately, when the said President or four of his College elect, as aforesaid, do call upon him or them, that then the said Physicians may and shall execute that Search and View, and the due Punishment of the Poticaries for any their evil and faulty Stuff, according to the Statute last before mentioned, without the Assistance of any of the said Wardens; any Clause in the aforenamed Statute to the contrary hereof notwithstanding. And every such Person or Persons as will or shall resist such Search, shall forfeit for every such resistance Ten Pound; the same Penalty to be recovered in Form aforesaid, without any of the delays aforesaid, to be had in suit thereof.
VI. And further, be it enacted, That all Justices, Mayors, Sheriffs, Bailiffs, Constables, and other Ministers and Officers, within the City and Precincts above written, upon Request to them made, shall help and assist the President of the said College, and all Persons by them from time to time authorised for the due Execution of the said Acts or Statutes, upon Pain for not giving of such Aid, Help, and Assistance, to run in Contempt of the Queen’s Majesty, her Heirs and Successors.
‘Whereas the Act of the Apothecary is of great and general Use and Benefit, by reason of their constant and necessary Assistance of his Majesty’s Subjects, which should oblige them solely to attend the Duty of their Professions; yet by reason that they are compelled to serve several Parish, Ward, and Leet Offices, in the Places where they live, and are frequently summoned to serve on Juries and Inquests, which take up great Part of their Time, they cannot perform the Trusts reposed in them as they ought, nor attend the Sick with such Diligence as is required: And whereas, King James the First, by His Letters Patents under the Great Seal of England, did incorporate the Apothecaries exercising that Art within London, and seven Miles Compass, by the Name of The Master, Wardens, and Society of the Art and Mystery of the Apothecaries of the City of London:’
II. Be it therefore enacted, by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all and every Person and Persons, using and exercising, or that hereafter shall use and exercise, the Art of an Apothecary within the said City of London, and seven Miles thereof, being Free of the said Society, and who already have been, or hereafter shall be duly examined of his Skill in the said Mystery, and shall be approved of for the same, and every of them, for so long as he or they shall use and exercise the said Art, and no longer, shall and may at all Times hereafter be freed and exempted from the several Offices of Constable, Scavenger, Overseer of the Poor, and all other Parish, Ward, and Leet Offices, and of and from the being put into or serving upon Juries or Inquests; and if at any Time hereafter any such Person or Persons using the said Art, and being qualified as aforesaid, shall be chosen or elected into any of the said Offices, or returned, required, or appointed to serve in any Jury, Leet, or Inquest, or be disquieted or disturbed by reason thereof, that then such Person or Persons, producing a Testimonial under the common Seal of the said Corporation, of such his Examination, Approbation, and Freedom, to the Person or Persons by whom he shall be so elected or appointed, or by or before whom he shall be so summoned, returned, or required to serve or hold any of the said Offices or Duties, shall be absolutely discharged from the same, and such Nomination, Election, Return, and Appointment, shall be utterly void, and of none Effect; any Order, Custom, Law, or Statute, to the contrary in any wise notwithstanding.
III. And be it further enacted by the Authority aforesaid, That all Persons using and exercising, or that hereafter shall use and exercise the said Art of an Apothecary, within any other Parts of this Kingdom, Dominion of Wales, or Town of Berwick upon Tweed, and who have been brought up and served, or hereafter shall be brought up and serve in the said Art as an Apprentice, by the Space of seven years, according to the Statute of the fifth of Queen Elizabeth, shall likewise from henceforth be freed and exempted from all and singular the Offices and Duties aforesaid, within the several Counties, Cities, and Places, where they live and inhabit, for so long as he or they shall use and exercise the said Art, and no longer; and if any Person or Persons so qualified shall be elected or chosen into any of the said Offices, or returned to serve in any Jury, Leet, or Inquest, such Nomination, Election, Return, and Appointment, shall be void, unless such Person or Persons shall voluntarily consent and agree to hold such Office, or serve upon such Jury, Leet, or Inquest. Provided always, That nothing herein contained shall be construed to exempt or excuse any Apothecary that is or shall, before the commencement of this Act, be elected or appointed to Serve any of the said Offices, from serving in the said Offices for the usual Time, for which he was so elected and appointed. Provided always, That this Act shall continue for the Space of seven Years, and from thence to the End of the next Session of Parliament, and no longer.
An Act for the better viewing, searching and examining of all Drugs, Medicines, Waters, Oils, Compositions, used or to be used for Medicines in all places where the same shall be exposed to sale or kept for that Purpose, within the City of London and Suburbs thereof, or within seven Miles Circuit of the said City.
‘Whereas in and by certain Letters Patent, under the Great Seal of England, bearing Date the twenty-fourth Day of February in the first Year of the Reign of his then Majesty King Edward the Fourth, after reciting, That the Freemen of the Mystery of Barbers of the City of London, using the Mystery or Faculty of Surgery, had for a long Time, exercised and sustained, and still continued to exercise and sustain great Application and Labour, as well about the curing and healing Wounds, Blows and other Infirmities, as in the letting of Blood, and drawing of Teeth; and that by the Ignorance and Unskilfulness of some of the said Barbers, as well Freemen of the said City as of others, being foreign Surgeons, many misfortunes had happened to divers People, by the Unskilfulness of such Barbers and Surgeons, in healing and curing Wounds, Blows, Hurts and other Infirmities; and that it was to be feared, that the like or worse Evils might thereafter ensue, unless a suitable Remedy was speedily provided in the Premisses; his said then Majesty did therefore, at the Supplication of the Freemen of the said Mystery of Barbers, in the said City of London, grant to them, amongst other Things, that the said Mystery, and all the Men of the said Mystery of the said City, should be one Body, and one perpetual Community; and that two Principals of the same Commonalty, of the most expert Men in the Mystery of Surgery, might with the Assent of twelve, or eight Persons at the least, of the same Community, every Year elect and make out of the Community two Masters or Governors, being the most expert in the Mystery of Surgery, to oversee, rule and govern the Mystery and Commonalty aforesaid, and all Men of the same Mystery and the Affairs of the same; and that the aforesaid Masters or Governors, and Commonalty, and their Successors, might make Statutes and Ordinances for the Government of the said Mysteries; and that the Masters or Governors for the Time being, and their Successors, should have the Survey, Search, Correction and Government of all the Freemen of the said City, being Surgeons, using the Mystery of Barbers in the same City, and of other Surgeons whatsoever, being Foreigners, practising and using the Mystery of Surgery, within the same City and Suburbs of the same, and the Punishment of them, as well Freemen as Foreigners, for their Offences in not perfectly executing, performing and using that Mystery; and should also have the Survey and Search of all Manner of Instruments, Plaisters and other Medicines, and the Receipts to be given, applied and used by the said Barbers and Surgeons, for the curing and healing of Sores, Wounds, Hurts and such like Infirmities; and that no Barber using the said Mystery of Surgery, within the said City, or Suburbs thereof, or other foreign Surgeon whatsoever, should be in any Manner thereafter admitted to execute, perform and exercise the same Mystery of Surgery, unless he had first been approved of, as well instructed in that Mystery, by the said Masters or Governors, or their Successors, sufficiently qualified in that Behalf; and his said Majesty did further grant, that the said Masters or Governors of the Commonalty of the said Mystery of Barbers, and their Successors, nor any of them, should in any Manner thereafter be summoned or put upon any Assizes, Juries, Inquests, Inquisitions, Attaints or other Recognizances, to be taken within the said City and Suburbs thereof, before the Mayor or Sheriffs, or Coroners of the same City for the Time being, or summoned by any of his Officer or Officers, Minister or Ministers, although such Juries, Inquisitions, or Recognizances, should be summoned upon a Writ or Writs of Right; but that the said Masters or Governors, and Commonalty of the aforesaid Mystery, and their Successors, and every of them, should be thereof acquitted, and wholly discharged for ever; and his said then Majesty thereby further granted unto the aforesaid Masters or Governors, and Commonalty of the said Mystery of Barbers, and to their Successors the following Liberty; to wit, That they at all Times thereafter should and might admit Persons able and sufficiently learned and instructed in the said Mystery of Surgery, and by them approved of in Form, and presented to the Mayor of the said City for the Time being, and no other Persons, or in any other Manner, into the said Mystery of Barber Surgeons, and Liberty of the said City: And whereas by an Act of Parliament made and passed in the thirty-second Year of the Reign of the late King Henry the Eighth, intituled, For Barbers and Surgeons, after taking Notice that it was very expedient and needful to provide for Men expert in the Science of Physick and Surgery for the Health of Man’s Body, when Infirmities and Sickness should happen; for the due Exercise and Maintenance whereof, good and necessary Acts had theretofore been made and provided, and that within the City of London, Men of great Experience, as well in Speculation as in Practice of the Science and Faculty of Surgery, were abiding and inhabiting, and had more commonly the daily Exercise and Experience of the same Science of Surgery than was had and used within any Parts of the Realm; and by Occasion thereof, many expert Persons were brought up under them as their Servants, Apprentices and others, who by the Exercise and diligent Information of their Masters, might exercise the said Science within divers other Parts of the Realm; to the great Relief, Comfort and Succour of much People, and to the Safeguard of their bodily Health, Limbs and Lives; and reciting, That within the said City of London there were then two several and distinct Companies of Surgeons occupying and exercising the Science and Faculty of Surgery, the one Company being commonly called The Barbers of London, and the other Company called The Surgeons of London; and that the said Company of Barbers were incorporated to sue and be sued by the Name of Masters or Governors of the Mystery or Commonalty of the Barbers of London, by Letters Patent under the Great Seal of King Edward the Fourth, dated the twenty-fourth Day of February in the first Year of his Reign, and which were confirmed by several subsequent Letters Patents in the said Act mentioned and referred to; and that the other Company, called The Surgeons, had not any Manner of Corporation; and that the said two several and distinct Companies of Surgeons were necessary to be united and made one Body Corporate, to the Intent that by their Union and often Assembly together, the good and due Order, Exercise and Knowledge in the said Science or Faculty of Surgery, should be, as well in Speculation as in Practice, both to themselves and their Servants and Apprentices, and by their Learning and diligent and ripe Informations, more perfect, speedy and effectual; it was therefore enacted, That the said two several and distinct Companies of Surgeons, that is to say, both the Barbers and the Surgeons, and every Person of them, being a Freeman of either of the said Companies, after the Custom of the said City of London, and their Successors, should from thenceforth be immediately united and made one entire and whole Body Corporate, and one Commonalty perpetual, which at all Times thereafter should be called by the Name of Masters or Governors of the Mystery or Commonalty of Barbers and Surgeons of London, and by the same Name to implead and be impleaded before all Manner of Justices in all Courts, in all Manner of Actions and Suits; and also to purchase, enjoy, and take to them and their Successors, Lands, Tenements, Rents and other Possessions whatsoever: And it was also thereby enacted, That they should have a Common Seal to serve for the Business of the said Company and Corporation; and that they should by the same Name, peaceably, quietly and indefeazibly, have, possess, and enjoy, to them and their Successors for ever, all such Lands and Tenements, and other Hereditaments whatsoever, which the said Company or Commonalty of Barbers then had and enjoyed, to the Use of the said Mystery and Commonalty of Barbers of London; and should also peaceably and quietly have and enjoy all and singular Benefits, Grants, Liberties, Privileges, Franchises and Free Customs, and also all Manner of other Things at any Time given or granted unto the said Companies of Barbers or Surgeons, by whatsoever Name or Names they or any of them were called, or which they or any of them, or any of their Predecessors, then or theretofore had by Acts of Parliament, Letters Patents or otherwise, by any lawful Means at any Time before the said Act, in as large and ample Manner and Form, as they or any of them, had, might or should enjoy the same, notwithstanding the said Union or Conjunction of the said Companies, and as if the same were and had been specially and particularly expressed and declared, with the best and most clearest Words and Terms of Law, to all Intents and Purposes: And it was thereby also enacted, That all Persons of the said Company incorporated by the said Act, and their Successors, that should be lawfully admitted and approved to occupy Surgery after the Form of the Statute in that case made and provided, should be exempt from bearing of Armour, or to be put in any Watches or Inquests; and that they and their Successors, should have the Search, Oversight, Punishment and Correction, as well of Freemen as of Foreign, for such Offences as they or any of them, should commit against the good Order of Barbery and Surgery, as theretofore among the said Company of Barbers of London had been used and accustomed, according to the Rules and Ordinances by them made and approved of, pursuant to the Statute in that Behalf ordained and provided: And it was thereby further enacted, That no Person within the City of London, Suburbs of the same, and one Mile Compass of the said City, using any Barbery or Shaving, should occupy any Surgery, letting of Blood, or any other Thing belonging to Surgery, except Drawing of Teeth only: and that whosoever should use the Mystery or Craft of Surgery within the Circuit aforesaid, should, as long as he should use the said Mystery or Craft, in no wise occupy or exercise the Feat or Craft of Barbery or Shaving: And whereas in and by certain Letters Patents under the Great Seal of England, bearing Date the fifteenth Day of August in the fifth Year of the Reign of his late Majesty King Charles the First, reciting the said Act of Parliament of the thirty-second Year of the Reign of King Henry the Eighth; and that the Men of the same Societies, as well from the Time of their said Union and Incorporation as before, respectively had, held, used and enjoyed divers Liberties, Franchises, Immunities, Customs and Preheminences, within the City of London, the Suburbs and Liberties thereof, and certain Villages, and Places thereto adjacent, as well on account of the said Act of Parliament, and other Acts of Parliament, as by virtue and on account of divers Charters and Letters Patents made and granted by the late King James the First, and other Kings and Queens of England, his said Majesty King Charles the First did thereby grant, ratify and confirm unto the said Masters and Governors of the Mystery and Commonalty aforesaid, and their Successors, all and singular the Manors, Messuages, Lands, Tenements, Customs, Liberties, Franchises, Immunities, Jurisdictions and Hereditaments whatsoever, as well within the City of London, the Liberties and Suburbs thereof, as within the Liberties and Precincts therein after mentioned, which the Men of the aforesaid Societies of Barbers and Surgeons, or either of them, then lawfully had, held, used and enjoyed, by reason of any Letters Patents of any the former Kings and Queens of England, or by Colour of any lawful Prescription, Use, or Custom, or by any other lawful Means, Rights or Title theretofore had, used or accustomed: And his said late Majesty King Charles the First did thereby give Power to the said Company and Corporation to make Bye-laws for the good Order and Government of the said Society, in such Manner, and under such Restrictions, as is therein mentioned; and to make annual Elections of Masters or Governors of the said Commonalty, whereof two to be Professors in the Art and Science of Surgery; and also to elect and constitute ten of the Freemen of that Society to be Examiners of the Surgeons of London, during their Lives: And it was thereby further granted, That no Person or Persons whatsoever, whether a Freeman of the said Society, or a Foreigner, or a Native of England, or an Alien, should use or exercise the said Art or Science of Surgery within the said Cities of London and Westminster, or either of them, or within the Distance of seven Miles of the said City of London, for his or their private Lucre or Profit, (except such Physicians as are therein mentioned) unless the said Person or Persons were first tried and examined in the Presence of two or more of the Masters or Governors of the Mystery and Commonalty aforesaid for the Time being, by four or more of the said Examiners so to be elected and constituted as aforesaid, and by the publick Letters Testimonial of the same Masters or Governors under their Common Seal approved of, and admitted to exercise the said Art Or Science of Surgery, according to the Laws and Statutes of the Kingdom of England, under the Penalty in the said Letters Patents mentioned; and that all and every of the said Freemen and Surgeons so examined, approved of, and admitted as aforesaid, might lawfully use and exercise the same Art and Science of Surgery, as well within the Cities of London and Westminster, the Liberties and Suburbs thereof, as in any other Cities, Towns, Boroughs and Places whatsoever of the Kingdom of England: And it was thereby further granted and provided, That the said Masters and Governors of the Mystery and Commonalty aforesaid, and their Successors, might appoint and have a publick Lecture for the Art and Science of Surgery in their common Hall, or other convenient Place, every Week or otherwise, at the Discretion of the said Masters or Governors and their Assistants, or the major Part of them for the Time being, to be held for the better Instruction and Information in the Principles and Rudiments of the Art and Science of Chirurgery of all and singular as well Freemen as Foreigners, whether native Subjects of England or Aliens, to be entered and admitted as is therein mentioned: And it was thereby also constituted and ordained, That no one, whether a Freeman of the Mystery or Commonalty aforesaid, or a Foreigner, whether a Native of England, or an Alien, exercising the Art of Surgery within the Cities of London and Westminster, or the Suburbs or Liberties thereof, or within seven Miles of the said City of London, should go out from the Port of London, or send out any Apprentice, Servant or other Person whomsoever, from the same Port, to execute or undertake the Place or Office of a Surgeon for any Ship, whether in the Service of the Crown, or of any Merchant or others, unless they and their Medicines, Instruments and Chests respectively, were first examined, inspected and allowed by two such Masters or Governors of the Mystery and Commonalty aforesaid for the Time being, as were skilled, knowing and Professors in the same Art of Surgery, under the Penalty therein mentioned: And whereas, since the said Act for Incorporation of the said two Companies, those of the said Company practising Surgery, have from their sole and constant Study of and Application to the said Science, rendered the Profession and Practice thereof of great Benefit to this Kingdom: And whereas the Barbers belonging to the said Corporation are now, and for many Years have been engaged and employed in a Business foreign to, and independent of the Practice of Surgery; and the Surgeons belonging to the same Corporation being now become a numerous and considerable Body, and finding their Union with the Barbers inconvenient in many Respects, and in no Degree conducive to the Progress or Improvement of the Art of Surgery; and that a Separation of the Corporation of Barbers and Surgeons, and making two Corporations of the present united Company of Barbers and Surgeons, will contribute much to the Improvement of Surgery, and thereby become a Matter of publick Utility, are therefore desirous that the Surgeons being Freemen of the said Company, may be made a Corporation separate and distinct from and Independent of the Barbers of and belonging to the said Company;’ May it therefore please your most Excellent Majesty that it may be enacted; and be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Union and Incorporation of the Barbers and Surgeons of London, made and effected by the said recital Act of the thirty-second Year of King Henry the Eighth, shall from and after the twenty-fourth Day of June one thousand seven hundred and forty-five, be, and the same is hereby dissolved, vacated and declared to be void and of no Effect, and that such of the Members of the said united Company or Corporation, who are Freemen of the said Company, and admitted and approved Surgeons within the Rules of the said Company and Corporation, and their Successors, shall from thenceforth be made, and they are hereby made and constituted a separate and distinct Body Corporate, and Commonalty perpetual, which, at all Times thereafter, shall be called by the Name of Masters, Governors and Commonalty of the Art and Science of Surgeons of London; and by the same Name, shall and may implead and be impleaded before all Manner of Justices in all Courts and in all Manner of Actions and Suits, and purchase, enjoy and take to them, and their Successors, any Lands, Tenements, Rents or Hereditaments, not exceeding the yearly Rent or Value of two hundred Pounds in the whole, without incurring any of the Penalties or Forfeitures of the Statutes of Mortmain.
II. And it is hereby further enacted by the Authority aforesaid, That it shall and may be lawful to and for the said Company or Corporation herein before established and incorporated, from time to time, in the Manner herein after mentioned, to elect, choose, and appoint one principal Master or Governor, two other Governors or Wardens, ten Examiners of Surgeons, and twenty-one Persons to be the Court of Assistants of the said Company or Corporation, to be respectively qualified and admitted in such Manner, and to continue in the said Offices respectively, for such Time and Times respectively, as by the By-laws, Rules, Ordinances, and Constitutions of the said Company or Corporation, shall be, from time to time, ordered, directed, provided and appointed.
III. And it is hereby further enacted, That it shall and may be lawful to and for the Master and Governors of the said Company or Corporation for the Time being, or any two of them, with nine or more of the Members of the said Court of Assistants of the same Company for the Time being, when and as often as to two of the said Master and Governors shall seem meet, to hold Courts and Assemblies, in order to treat and consult about and concerning the Rule, Order, State, and Government of the said Company or Corporation herein before established and incorporated as aforesaid; and also that it shall and may be lawful to and for the said Master and Governors and Court of Assistants so assembled, or the major Part of them, to make, ordain, constitute, establish, ratify, confirm, annul, revoke, or abrogate, from time to time, such By-laws, Ordinances, Rules, and Constitutions, as to them shall seem requisite, profitable, and convenient for the Regulation, Government, and Advantage of the said Company or Corporation; so as such By-laws, Ordinances, Rules, and Constitutions be examined, approved of, and allowed, as by the Laws and Statutes of this Realm is provided and required.
IV. Provided always, and it is hereby enacted and declared, That the several By-laws, Ordinances, Rules, and Constitutions, made and established for the Regulation and Government of the said United Company or Corporation, so far as the same relate to, or concern the Art and Science of Surgery only, and which, on the twenty-third day of June one thousand seven hundred and forty-five, shall be subsisting, and in Force, and shall not be repealed, annulled, or abrogated by virtue of this present Act, shall continue and be in Force; and shall be exercised, observed, and executed by the said Company of Surgeons established and incorporated by this Act, until such Time and Times respectively as the same By-laws, Ordinances, Rules, and Constitutions shall respectively be repealed, annulled, and made void, by virtue and under the Authority of this present Act.
V. Provided also, and it is hereby further enacted and declared, That John Ranby Esquire, Principal Serjeant Surgeon to his Majesty, shall be, and he is hereby constituted and appointed Principal Master or Governor; and that Master Joseph Sandford and William Cheselden Esquire, two of the present Wardens of the said United Company shall be, and they are hereby constituted and appointed, the two other Governors or Wardens of the Company of Surgeons made, established, and incorporated by this Act; and that they shall continue in, and hold, enjoy and exercise the said Offices respectively from the said twenty-fourth Day of June, until others shall be elected and appointed to the said Offices respectively, as herein after is mentioned: And also that Ambrose Dickins Esquire, Principal Serjeant Surgeon to his Majesty, William Petty Esquire, John Shipton Esquire, the said William Cheselden, John Freke, William Pyle, Legard Sparham, James Hickes, and Peter Sainthill, who are the present Examiners of Surgeons, together with the said John Ranby, shall be, and they are hereby constituted and appointed Examiners of Surgeons for the said Company of Surgeons made, established, and incorporated by this Act; and that they shall respectively continue in, and hold, enjoy, and exercise the said Office of Examiners for and during their natural Lives respectively, or until they shall be respectively removed out of the said Office, pursuant, and according to the By-laws, Rules, and Constitutions of the said Company of Surgeons, established and incorporated by this Act; And also that the said John Ranby, Joseph Sandford, William Cheselden, Ambrose Dickins, William Petty, and John Shipton, John Hayward, the said John Freke, William Pyle, Legard Sparham, James Hickes, and Peter Sainthill, Noah Roul, John Westbrook, William Singleton, and James Phillips, and such five other Persons as shall hereafter be elected and appointed for that Purpose, in pursuance of this Act, and as is herein after mentioned, shall be, and they are hereby constituted and appointed the Court of Assistants of the Company of Surgeons made, established and incorporated by this Act; and that they shall continue in, and hold, enjoy, and exercise the said Office during their natural Lives respectively, or until they shall respectively be removed out of the said Office, pursuant and according to the By-laws, Rules, and Constitutions of the same Company.
VI. And it is hereby further enacted, That it shall and may be lawful to and for the said John Ranby, Joseph Sandford, William Cheselden, Ambrose Dickins, William Petty, John Shipton, John Hayward, John Freke, William Pyle, Legard Sparham, James Hickes, Peter Sainthill, Noah Roul, John Westbrook, William Singleton, and James Phillips, to meet at or in such Place as the said John Ranby, Joseph Sandford, and William Cheselden, or any two of them, shall appoint, on the first Day of July one thousand seven hundred and forty-five, between the Hours of ten and two of the Clock of the same Day; and then and there to elect, choose, and appoint, out of the Freemen of the said Company or Corporation of Surgeons established and incorporated by this Act, by the Majority of Votes of such of the said sixteen Persons herein before appointed to be of the Court of Assistants, who shall be present at such Meeting, so many other Persons to be of the Court of Assistants of the same Company or Corporation, as will make the Number twenty-one, to continue in the said Office for and during their natural Lives respectively, or until they shall be respectively removed out of the said Office.
VII. And it is further enacted, That the Master, Governors, and Court of Assistants for the Time being, of the said Company of Surgeons made; established, and incorporated by this Act, shall, upon the first Thursday in the Month of July in the Year one thousand seven hundred and forty-six; and on the first Thursday in the Month of July in every succeeding Year, meet at such Place as the Master and Governors of the same Company for the Time being, or any two of them shall appoint; and then and there elect, choose, and appoint, out of their Body, by the Majority of Votes of such of the said Master, Governors, and Court of Assistants, who shall be then present, one Person to be Principal Master or Governor, and two other Persons to be Governors or Wardens of the said Company or Corporation of Surgeons, established and incorporated by this Act, for the then succeeding Year; and then and there also, in like manner, elect, choose, and appoint, out of their own Body, such other Person or Persons, to be Examiner or Examiners of Surgeons, for the same Company, in the Place or Stead of such Examiner or Examiners, as shall have happened to die, or have been removed from the said Office of Examiner, in the then next preceding Year; and also in like manner, elect, choose, and appoint, out of the Freemen of the said Company or Corporation of Surgeons established and incorporated by this Act, such Person or Persons to be of the Court of Assistants of the same Company or Corporation, in the Place and Stead of such Person or Persons who shall have happened to die in, or have been removed from, the said Office of Court of Assistants, in the then next preceding Year.
VIII. And it is hereby further enacted, That the said Company of Surgeons made, established, and incorporated by this Act, and their Successors, and all Persons who shall be Freemen of the same Company or Corporation, shall and may, from time to time, and at all Times for ever hereafter, have, hold, and enjoy all and every such and the same Liberties, Privileges, Franchises, Powers, and Authorities, as the Members of the said United Company or Corporation, being Freemen of the said Company, and admitted and approved Surgeons, within the Rules of the said Company and Corporation, could or might respectively have had, held, and enjoyed, by virtue of the said recited Act of Union or Incorporation, and the said Letters Patent of his said late Majesty King Charles the First respectively, and other the Royal Grants, Charters, and Patents, therein mentioned and referred to, so far as the same relate to the Art or Science of Surgery only, and not otherwise; and that in as full, ample, and beneficial Manner, to all Intents and Purposes, as if the same had in and by this present Act been expressly repeated and re-enacted; and that they, and all such who already have been, or hereafter shall be, examined and approved, pursuant to the Rules of the said Company, shall be entitled to practice freely, and without Restraint, the Art and Science of Surgery, throughout all and every his Majesty’s Dominions; any Law or Custom to the contrary notwithstanding.
IX. And it is hereby further enacted, That from and after the said first Day of July one thousand seven hundred and forty-five, the Examiners of the Company of Surgeons established by this Act shall, and they are hereby required, from time to time, upon Request to them made, to examine every Person who shall be a Candidate to be appointed to serve as a Surgeon, a Surgeon’s Mate, of any Regiment, Troop, Company, Hospital, or Garrison of Soldiers in the Service of his Majesty, his Heirs, or Successors, in like Manner as they do or shall examine any Surgeon or Surgeons to be appointed to serve on Board any Ship or Vessel in the Service of his Majesty, his Heirs or Successors.
X. And it is hereby further enacted by the Authority aforesaid, That all and every Person and Persons, being Freemen of the said Company and Corporation of Surgeons established and incorporated by this Act, and who already have been, or hereafter shall be, examined and approved pursuant to the Rules and Orders of the said Company, and every of them, for so long Time as he and they shall use and exercise the said Art or Science of Surgery, and no longer, shall and may, at all Times hereafter, be freed and exempted from the several Offices of Constable, Scavenger, Overseer of the Poor, and all other Parish, Ward, and Leet Offices, and of and from the being put into or serving upon any Jury or Inquest: And if at any Time hereafter any such Person or Persons, using and Practising the said Art or Science of Surgery, and being qualified as aforesaid, shall be chosen and elected into any of the said Offices, or returned, required, or appointed to serve on any Jury, Leet, or Inquest, or be disquieted or disturbed by reason thereof; that then such Person or Persons, producing a Testimonial, under the Common Seal of the said Corporation, of such his Examination, Approbation, and Freedom, to the Person or Persons by whom he shall be so elected or appointed, or by or before whom he shall be summoned, returned, or required to serve or hold any of the said Offices or Duties, shall be absolutely discharged from the same; and such Nomination, Election, Return, and Appointment, shall be utterly void, and of no Effect; any Order, Custom, Law, or Statute to the contrary in any wise notwithstanding.
XI. Provided always, and be it hereby enacted by the Authority aforesaid, That this Act, or any Thing therein contained, shall not extend, or be construed or taken to prejudice, abridge, or infringe any of the Privileges, Authorities, Powers, Rights, Liberties, or Franchises heretofore granted by any Act or Acts of Parliament, or by any Letters Patents, Charters or Charter of any of his Majesty’s Royal Predecessors, Kings or Queens of England, to the President and College, or Commonalty of the Faculty of Physick in London.
XII. And it is hereby further enacted by the Authority aforesaid, That such of the Members of the said United Company or Corporation, who are Freemen of the said Company, and are not admitted or approved Surgeons, and their Successors, shall, from and after the said twenty-fourth Day of June one thousand seven hundred and forty-five, be, and they are hereby made and constituted, a Body Corporate, and Commonalty Perpetual, which, at all Times hereafter shall be called by the Name of The Master, Governors, and Commonalty of the Mystery of Barbers of London; and by the same Name shall plead and be impleaded before all manner of Justices, in all Courts, and in all manner of Actions and Suits; and also purchase, enjoy, and take to them, and their Successors, any Lands, Tenements, Rents, or Hereditaments, not exceeding the yearly Rent or Value of two hundred Pounds in the whole, without incurring any of the Penalties or Forfeitures of the Statute of Mortmain.
XIII. And it is hereby further enacted by the Authority aforesaid, That Master Jonathan Medley, the present first Master or Governor of the said United Company or Corporation, and Master Humphrey Negus, the present third Master or Governor of the said United Company, and such two other Persons as shall hereafter be elected and appointed for that purpose in pursuance of this Act, and as is herein after mentioned, shall be and they are hereby respectively established and confirmed the Master and Governors of the Company or Corporation of Barbers of London, established and incorporated by this Act; and shall continue in, and hold, exercise and enjoy the said Offices respectively, until others shall be chosen, elected and appointed in and to the same Offices respectively, pursuant and according to the By-laws, Rules, Orders and Constitutions of the same Company; and also that the said Jonathan Medley, Humphrey Negus, and William Parker, Luke Maurice, John Barnwell, John Truelove, William Haddon, John Negus, Edward Boxley, Samuel Rutter, Robert Scrooby, Richard Swithin, Edward Colebeck, Togarmah Jones, and John Guerney, being fifteen of the present Court of Assistants of the said United Company, and such nine other Persons as shall hereafter be elected and appointed for that Purpose in pursuance of this Act, and as is herein after mentioned, shall be and they are hereby constituted and appointed the Court of Assistants of the Company of Barbers, made, established, and incorporated by this Act; and shall continue in, and hold, enjoy and exercise the said Office during their natural Lives respectively, or until they shall be respectively removed out of the said Office, pursuant and according to the said By-laws, Rules, Ordinances and Constitutions of the said Company of Barbers of London.
XIV. And it is hereby further enacted, That it shall and may be lawful to and for the said Jonathan Medley, Humphrey Negus, William Parker, Luke Maurice, John Barnwell, John Truelove, William Haddon, John Negus, Edward Boxley, Samuel Rutter, Robert Scrooby, Richard Swithin, Edward Colebeck, Togarmah Jones, and John Guerney, or the major Part of them, to meet at or in the Hall now belonging to the said United Company, situate in Monkwell-street in the City of London, on the twenty-fifth Day of June one thousand seven hundred and forty-five, between the Hours of Nine in the Morning and One in the Afternoon of the same Day, and then and there to elect, choose and appoint out of the Freedom of the said Company or Corporation of the Barbers of London, established and incorporated by this Act, by the Majority of the Votes of such of the said fifteen Persons last mentioned, who shall be present at such Meeting, so many other Persons to be of the said Court of Assistants of the said Company or Corporation of the Barbers of London, as will make the Number twenty-four, to continue in the said Office respectively for and during their natural Lives, or until they shall be respectively removed out of the said Office; and also that immediately after such Court of Assistants shall be made up the said Number of twenty-four Persons, the said Court of Assistants shall then and there, by the Majority of Votes of such of the said Court of Assistants as shall be then present, elect, choose and appoint from among themselves, two Persons, to be the third and fourth Governors of the said Company or Corporation of the Barbers of London, to continue in, hold, exercise and enjoy the said Offices respectively as aforesaid.
XV. And it is hereby further enacted, That it shall and may be lawful for the Master and Governors for the Time being of the said Company or Corporation of Barbers, or any two or more of them, with eleven or more of the Members of the said Court of Assistants for the Time being, when and as often as to two or more of the said Master and Governors shall seem meet, to hold Courts or Assemblies at or in the Hall of the said Company for the Time being, in order to treat and consult about the Rule, State, Order and Government of the said Company or Corporation of Barbers; and also that it shall and may be lawful to and for the said Master and Governors, and Court of Assistants so assembled, or the major Part of them, to make, constitute, ordain, establish, ratify and confirm all or any such By-laws, Ordinances, Rules and Constitutions, as to them shall seem requisite, proper or convenient for the Regulation, Government, Profit or Advantage of the said Company or Corporation of the Barbers of London, and the Members thereof, and the same, from time to time, to alter or repeal; so as the By-laws, Ordinances, Rules and Constitutions so to be made and established, shall be examined, approved and allowed, as by the Laws and Statutes of this Realm is provided and required.
XVI. Provided always, and it is hereby enacted and declared, That the several By-laws, Ordinances, Rules and Constitutions, made and established for the Regulation and Government of the said United Company or Corporation, so far as the same do not relate to or concern the Art or Science of Surgery, and which on the said twenty-third Day of June shall be subsisting and in Force, and shall not be repealed, annulled or abrogated by virtue of this present Act, shall continue and be in Force, and shall be exercised, observed and executed by the said Company of Barbers established and incorporated by this Act, until such Time and Times respectively as the same By-laws, Ordinances, Rules and Constitutions shall respectively be repealed, annulled and made void, by Virtue and under the Authority of this present Act.
XVII. And it is hereby further enacted by the Authority aforesaid, That the Master and Governors of the said Company or Corporation of Barbers of London shall be yearly elected and chosen on the second Thursday in August, by the Court of Assistants, or the major Part of them, or in such Manner as by the By-laws, Rules, Orders and Constitutions of the same Company or Corporation shall be ordained or provided; and that when and as often as any Member of the said Court of Assistants of the said Company of Barbers shall happen to die or be removed, it shall and may be lawful to and for the surviving Members of the said Court of Assistants, or the major Part of them, to nominate and elect one other Person, being a Freeman of the same Company, to be a Member of the said Court of Assistants, in the Room of the Person so deceased or removed; and the Person so nominated or elected shall continue in, hold and exercise the said Office for and during his natural Life, or until he shall be removed out of the same.
XVIII. And it is hereby further enacted by the Authority aforesaid, That the Master, Governors and Commonalty of the Mystery of Barbers of London, hereby made, established and incorporated as aforesaid, and their Successors, and all Persons who shall be free of the same Company or Corporation, shall and may from time to time, and at all Times for ever hereafter, have, hold and enjoy all and every such and the same Liberties, Privileges, Franchises, Powers and Authorities, as the said United Company or Corporation, with respect to every Thing but Surgery, and the Members of the said United Company, occupying the Feat or Craft of Barbery or Shaving, could or might respectively have had, held and enjoyed by virtue of the said recited Act of Union or Incorporation, and Letters Patents of his late Majesty King Charles the First, and other the Royal Grants, Charters and Patents therein respectively mentioned and referred to, so far as the same do not concern or relate to the Art and Science of Surgery; and that in as full, ample and beneficial Manner, to all Intents and Purposes, as if the same had been expressly repeated, set down, and enacted in and by this present Act.
XIX. And it is hereby further enacted by the Authority aforesaid, That the Sum of five hundred and ten Pounds now vested in the said United Company, and which was given and paid to the said United Company by Edward Arris, for the Use of the publick Anatomy Lectures on the Muscles, and also the Annuity or yearly Rent-charge of sixteen Pounds given to the said United Company by the Will of John Gale Gentleman, for one Anatomy Lecture, by the name of Gale’s Anatomy, and charged upon certain Messuages and Tenements at Snow Hill, in the Parish of Saint Sepulchre, without Newgate, London, shall from and after the said twenty-fourth Day of June one thousand seven hundred and forty-five, be vested in, and be deemed the sole Property, Estate and Effects of the said Company and Corporation of Surgeons established and incorporated by this Act; and that the said Sum of five hundred and ten Pounds be accordingly paid by the said Company or Corporation of Barbers of London, out of the Estate and Effects of and now belonging to the said United Company or Corporation, within three Months next after the said twenty-fourth Day of June; and that the said Sum of five hundred and ten Pounds, and the said Annuity or yearly Rent-charge of sixteen Pounds per Annum, shall be held and enjoyed by the Purposes intended by the Donors thereof respectively; and that from and after the Payment of the said five hundred and ten Pounds by the said Company of Barbers to the said Company of Surgeons, they the said Master, Governors and Commonalty of the Mystery of Barbers of London, and their Successors, shall for ever be discharged of and from the said Sum or Gift of five hundred and ten Pounds, and every Part thereof, and of and from the said Annuity or Gift of sixteen Pounds per Annum, and every Part thereof, and of and from all Duties and Trusts in respect of the said Gifts, or either of them; and shall, from time to time, be saved harmless and kept indemnified by the said Company of Surgeons, of, from and against the same, and all Actions, Suits, Charges and Expenses which they the said Master, Governors and Commonalty of the Mystery of Barbers of London, or their Successors, shall or may, from time to time, be put unto or sustain on account thereof; and all the Rest and Residue of the Real and Personal Estate and Effects of and belonging to the said United Company or Corporation, and the Arms or Ensigns Armorial of the same Company or Corporation, shall from and after the said twenty-fourth Day of June one thousand seven hundred and forty-five, be vested in, and the same are hereby from thenceforth vested in the said Company or Corporation of Barbers of London, and their Successors, to and for their own sole and separate Use and Benefit for ever.
XX. And it is hereby further enacted by the Authority aforesaid, That such of the Books, Papers and Writings which now belong to the said United Company of Barbers and Surgeons, and relate to or concern the Surgeons or Surgery only, shall immediately after the said first Day of July one thousand seven hundred and forty-five, be delivered by the said Company of Barbers, established and incorporated by this Act, to the Master and Governors, and Court of Assistants, of the said Company of Surgeons established and incorporated by this Act, or such other Person or Persons as they, or the major Part of them shall, by Writing under their Hands appoint to receive the same, for the use and Benefit of the said Company of Surgeons: And that the Master, Governors, and Courts of Assistants of the same Company of Surgeons, or any of them, or such other Person or Persons as they, or the major Part of them shall, by Writing under their Hands appoint, shall and may, from time to time, and at all seasonable Times, upon reasonable Notice, from and after the first Day of July one thousand seven hundred and forty-five have free Access to, and Liberty to inspect and peruse, in the Hands of such Person or Persons as the said Company of Barbers shall appoint to have the Care and Custody thereof, all the rest of the Books, Papers and Writings, and also all the Charters and Deeds which now belong to the said United Company of Barbers and Surgeons; and from time to time to take such Copies or Extracts of or from the same, or any of them, as the said Master, Governors, and Court of Assistants of the said Company of Surgeons, or the major Part of them, or such other Person or Persons so to be appointed as aforesaid, shall from time to time desire or require; and also that the said Company of Barbers shall, from time to time, and at all Times, upon reasonable Notice, from and after the said first Day of July, produce the said last mentioned Books, Papers, Writings, Charters and Deeds, or any of them, at the Expense of the said Company of Surgeons, upon any Trial at Law, or Hearing in Equity, or Examination of Witnesses, or otherwise, where the said Company of Surgeons shall have Occasion to make use thereof, or of any of them, and permit the said Company of Surgeons to make use of the same accordingly.
XXI. Provided always, and it is hereby further enacted by the Authority aforesaid, That every Person who hath been bound Apprentice to any Member of the said United Company, and by the Laws or Custom of the City of London, or otherwise, is or would be intitled to his Freedom of the said United Company, and to the Freedom of the said City, in case this present Act had never been made, shall be intitled and admitted to his Freedom in the said Company or Corporation of Surgeons, if his Master is or was an examined Surgeon, or else to his Freedom in the said Company of Barbers; and in either Case shall be intitled and admitted to his Freedom in the said City of London; any Law, Usage or Custom to the contrary thereof in any wise notwithstanding.
XXII. And be it further enacted by the Authority aforesaid, That this Act shall be deemed, adjudged and taken to be a Publick Act; and be judicially taken Notice of as such by all Judges, Justices, and other Persons whatsoever, without specially pleading the same.