COURT OF ASSISTANTS.

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The constitution of the governing body of the Company has grown up in the course of time from one Prime Master or Ruler to a Master with three Wardens and twenty Assistants, forming a Court of twenty-four members.

We gather from the earliest records, that the business of the Company was then transacted by the meeting together in Common Hall, of the whole fraternity (which probably included both freemen and liverymen), under the presidency of a single Master, who, as in the case of Richard le Barber in 1308, was invested with the supervision of the craft, and power to make search and scrutiny, and to punish offenders.

In 1376 two Masters were appointed to rule the craft, while in 1388 we find that two Masters and two “Surveyors” formed the governing body.

In 1416 is recorded the admission of five Masters, three of whom are described as “Barbitonsores” (i.e., Barbers proper) and two as “Masters of the Barbers exercising the faculty of Surgery.” In 1428 there were four Masters, two of each class, and this number was the governing body at the time of Edward IV’s Charter of Incorporation, in 1462.

As has been elsewhere remarked, this Charter provides for the appointment of two Masters only, and they to be skilled in Surgery, to be chosen by twelve Electors taken from the Commonalty; but as our records preserve the names of four Masters elected in that year, and so on ever since in unbroken succession, there cannot be any doubt but that (the Charter dealing almost entirely with the regulation of matters surgical) the two Masters of the “Barbers side” were left to be elected in accordance with old custom, or under the By-laws which the Company were, by their Charter, empowered to make.

At what period a Court of Assistants was created in our Company is unknown, but I am inclined to think the date is about 1480 to 1500. The four “Masters or Governors” (answering to our “Master and three Wardens”) were chosen out of the Commonalty by twelve electors yearly, and do not, as seems by the lists preserved, appear to have gone up annually by seniority as now they do, i.e., from third Warden to second, and so on. Those who had served as second, third, or fourth Governors, if not chosen to higher office the next year, as a general rule took their places again as simple liverymen; whilst those who had served as Prime or Chief Governor were, at the expiry of their term of office, designated “Ancient Masters,” and these, with some past Wardens, having become qualified by experience in the affairs of the Company would naturally be consulted by the ruling Governors who sought their “assistance” and advice, and thus grow up into a Court of Assistants168 (nearly always in early time spelt “Assistance”) and be recognised to a great extent as a power in the direction of the Company’s business.

The earliest mention of Assistants is in the By-laws settled by Sir Thomas More in 1530, though throughout these By-laws the actual ruling power was evidently in the four Masters or Governors. The Assistants are here twice referred to, in one case where it is enacted that the Masters shall not admit a “fforen” to the freedom without the assent of the “xxiiijti assistentes,” and in another place they are to have, with the Masters, the election of the Livery.

The Act 32 Henry VIII is silent as to Assistants, vesting all power in the Masters or Governors. In 1557 at one of the Courts twenty-one Assistants and four Masters attended, and at a Court held 19th July, 1595, the names of twenty-five Assistants are recorded. The number seems to have varied with the times, the full Court, however, never exceeding four Masters and thirty-two Assistants. The Assistants have always been elected by the Court, and the custom became in time to choose the senior liveryman whenever a vacancy occurred, though there does not appear to have been at any time a by-law to that effect, and indeed this practice has been departed from on very many occasions.

The Election of Masters prior to the year 1633 was on the Monday next before the feast of St. Bartholomew the Apostle (Aug. 24); from 1633 to 1745 it was held on the third Thursday in August, and since 1745 it has been held on the second Thursday in August.

The ancient practice was for the whole body of the livery to be summoned to the Hall in their livery gowns, hoods and caps on the Monday at 8 o’clock in the morning “at the furthest” to whom the Masters, sitting in Court, declared the cause of their assembling; this done, the Masters retired, and the livery, sitting there, chose twelve of their number to be “Electors,” of whom six were to be “expert Surgeons,” and four at least must never have served the office of Master or Governor. The Clerk then called the twelve Electors out (the rest of the livery remaining in the Hall). The Masters then delivered to the Electors the “Bills of Election,” each Master nominating two Barbers and two Surgeons, so that sixteen in all were nominated, and, after administering to them the oath prescribed, the Electors retired to a private room apart to make their choice. Should the Electors deem that one or more of themselves ought to have been put in nomination, they were to send for the Masters who were bound to withdraw such person or persons, and choose others in their place. The Bills were to be made out in accordance with seniority, but the Electors were not bound to choose by seniority. Having made their choice, the Electors sent for the Masters and delivered to them a Bill with the names of the four persons selected, and these names were (under a heavy penalty) to be kept secret until after the “dener.”

The whole Company then proceeded in state to the Church of St. Olave, Silver Street (after the Great Fire to St. Alban, Wood Street), maids strewing the way with flowers. At Church there was a “goodly masse” celebrated, and in later times a “devyne s?rvice,” which, being ended, the parson and some of the church officials had customary fees and returned with the Company to the Hall to celebrate the Election dinner. The feast over, the outgoing Masters, according to “auncient order,” walked about the table, each bearing a garland and placing it on the head of the member who had been chosen to fill his place in the year ensuing. If anyone elected happened to be absent, his garland was placed on the head of one of the Ancient Masters as proxy, and the newly-elected Masters were sworn on the Holy Evangelists to the due execution of their offices, absentees being sworn at the next Court.

The Election dinners were held at any early hour in the afternoon (1 or 2p.m.) and were generally followed by a play or a dance, sometimes both; the wives of the livery and Assistants were present at the dinner, and the latter had their apprentices in attendance waiting at table.

In 1633 the mode of choosing the Electors was varied as follows: a “fair ballating box” with two cells therein, one labelled “Surgeons” and the other “Barbers” was placed upon the table,

Into each cell the Master put the names of two Ancient Masters, and drew one out of each 2
The second and third Governors put into each cell the names of six Assistants, and the Master drew three out of each 6
The fourth Governor put into each cell the names of four liverymen and the Master drew two out of each 4
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The twelve so drawn constituted the Electors, and the proceedings were then much the same as has been before described.

The new Masters or Governors commenced their duties immediately upon being sworn.

From the earliest period the custom has been to hold the monthly and ordinary Courts on Tuesdays, but the meetings do not seem to have taken place on any definite or fixed days, numerous Courts being held at irregular intervals and frequently on Mondays. “Courts of Assistants,” as distinguished from Monthly and special Courts, were, in early times, for some reason or other, particularly prohibited from being held on Tuesdays, there being several orders and by-laws to this effect, but why, I do not know.

In the year 1557 twenty Courts were held. In 1572 forty-one Courts, the average attendance at which was twelve. In 1599 forty-six Courts assembled. At the intermediate Courts a great deal of important as well as minor business was transacted, including the admissions and presentations of freemen and apprentices, the examination of Surgeons and Sea Surgeons, and a great variety of business connected with the medical service of the army and navy.

Previous to the separation in 1745, the office of Master was supposed to be, and generally was, held by a Barber and a Surgeon alternately, the Wardens being chosen in like manner, any member not practising as a Surgeon being accounted a Barber, whatever his trade or occupation might be.

Great importance has at all times been attached to the question of precedence in sitting at table and in speaking in Court, and many have been the rules enacted, and the disputes and jealousies which have arisen between members of the Court on this question.

Some of the powers executed by the Masters of old and by the Court of Assistants in later times have been those which now are peculiar to Courts of Law, e.g., the settlement of disputes upon every conceivable question, the imposition of fines, and their recovery by distress levied by the Beadle, the summary committal of offenders to gaol, and the issuing of orders for their release, the prohibition of actions and suits at common law (if commenced by a freeman without leave of the Court), the inhibition of members from practising their profession, and the infliction of corporal punishment upon unruly freemen and apprentices.

The Court as now existing, consists of four Masters or Governors and twenty Assistants, appointed under the provisions of the Act 18 George II, cap. xv. By this Act the election of the Masters or Governors is in the Court and takes place on the second Thursday in August, but alas! without the ancient ceremonies of attending Church, crowning with garlands, and—may I add?—the Election dinner for the Livery.

As will be seen elsewhere, there have been frequent disturbances at the Courts, and there are numerous entries of Assistants, Wardens, and Past Masters having been expelled the Court and sometimes dismissed from the Livery as well, for their misconduct or quarrelsome behaviour. Instances of impertinence and abuse by freemen and liverymen before the Court, are also by no means rare, and in these cases condign punishment by imprisonment or fine was invariably meted out.

9th March, 1624. This daye Mr. Warden Thornebury made knowne to this Court yt one Tanner, a brother of this Companie, hath abused him in words. Whereupon it is ordered by this Court that John Bayard the officer belonging to this Companie shall laye the Lord Maiors comaund on the said Tanner and comitte him to one of the Compters of this Cittye And that imediately upon the said comittmt shall acquaint the Mrs therewith That thereupon the Mrs maye acquaint the lo: Maior with the reson of his comittemt.

19th January, 1626. This daye the letter directed to the Maister Wards and Assistants of the Companie of Barbor Surgions of London from Mr William Clowes Sarjeant Chirurgion to his Matie was here in Courte reade in hec verba vizt Right worthie Maister and Governors and assistants of the companie of Barbers and Surgions in my true love I wish all health and florishinge goverment of yor Company to the glory of God the honor of the Kinge and the good of Gods people Amen. Now whereas I have bin not only by many Brothers advertised but also of yor Officer legally by letter and otherwise given to understand that you had chosen me Renter warden of the company from the wch Election I desired by Mr Cooper and Mr Thomas Allen I might be freed yett could not, I then knewe well that in duty I owed you an aunswer which might well be seeme my reverent respect to yor Authoritye; and my tender regard of the kinge my Mrs honor which in yor Chusinge and my acceptinge maye be considered, which as much as in me is I desired to doe, And nowe, not once questoninge the troblesomnes of the place, nor other hinderances wch god Almighty did then send I thus aunswer (because I wilbe free of Ambition or pride) that if you can make that appeere upon yor Records that any of my predecessors did beare the office of Wardein after he was sworne Serjeant Surgion to any of the K?s or Queenes of England I shall humbly serve it, if not, I Crave yor p?don for I might not soe poorely value the Kinge my Mr as thinke him less mighty, less absolute a Prince then any Kinge whatsoever hath raigned before him, and so as his Servaunt I expect from the Company as good respect as any Sergeant Surgion heretofore hath had, for my Mrs honor I will not give to any other, And further because I am many tymes summoned to yor Courts and other meetings, wch service I am very willinge to performe, when I shall knowe my place in the Company, which I must leave to yor grave considerac?on, only if you please to take notice how the Colledge of Phisitions and the Company of Apothecaryes of London have rancked the King? Phisitions and Apothecaryes, you may thereby guess what place I expect, but howsoever if by the occasion of back freinds wee may not so well agree as I desire, so as I may personally absent my selfe from the Company yett thus much I ingenuously and religiously profess that I will alwayes in harty love be present and ready press either by the Kinge my Mr or any other wayes to doe the Companye any loveing Service I may, And so ceasing further troubling you but desireing to heare of yor smoothe acceptance, I rest.

Whereas he was chosen renter warden of this Companie for this yere ensueing wch place by reason of this contagious tyme and other respects he is not able to execute, It is thereupon ordered by this courte that he shalbe discharged from the said place of youngest warden and second warden of this Company, And it is further ordered that he shall take place next unto the youngest of our assistants that have served the place of upper warden and when he shall have served the place of upper warden of this Companye then he to take his precedencye and ranck according to that service.

21st August, 1626. Serjeant Clowes was elected Master, but it seems his election was called in question, as it was the turn for a Barber this year, and it was moved that the electors should be fined for breach of the ordinance in choosing a Surgeon, but the Court decided not to do so. There was evidently a dislike to Mr. Clowes on the part of some of the Company, as the Wardens of the Yeomanry were on the 20th September, fined 40s. for refusing, or neglecting to carry the Standing Cups before him and the Wardens of the Livery on the Election day.

1638. Serjeant Clowes was again elected Master.

9th April, 1641. Mr Warden Martin Browne made his complaint against Mr Serjeant Clowes and he did freely declare that he did forgive the Serjeant his personall Wrong, and did referr the Wrong due to the Court unto the Court, And this Court did order that Mr Serjeant Clowes shall acknowledge that in his anger and passion he did speake some words to the wrong of this Court, and this being done this Order to be annihilated.

22nd September, 1642. Alsoe for the more peaceable treaty and discussing matters in times of Courts of Assistants It is ordered That decency be held in these Courts proceedings and that every one of the Assistants as he is in his turne and time of Delivery to yeild his voyce shall not use any impertinent speeches or divert the matter in question into some other busines but give his answer freely to the present matter proponed and that during the time of his delivery of his speech or opinion none other of the Assistants shall give crosse or thwarting speeches or calumniate that Assistant And if any Assistant shalbe soe Uncivill That then the present Mr or Governour shall cause him to be silent and shall put such Assistants Interrupc?on of speech to question concerneing his ffine for evill behaviour and such Interruptor being found faulty shall pay the ffine of vjs viijd according to the Ordinance in that behalfe made.

3rd October, 1642. Alsoe Mr Cotton layed downe his ffines imposed on him at the last Court of Assistants vizt xxvjs viijd The Mr of the Company moveing by the consent of the last Court Mr Cotton to withdrawe himselfe according to Orders and Custome, he gave this Court this peremptory answer, I will not goe out of the Court nor the Mr hath noe power to bidd mee goe out and that the Court had noe power to fine him, then he threatned Mr Warden Arris as he sat in the Court saying Winter will come, Alsoe he abused Mr Dye in his delivery of speech to this Court that his speeches were rotten speeches and thwarted him to the generall disturbance of the Court, and to Mr Martin Browne threatning him I will make you know it better in another place Alsoe he sought to disable the Mrs hand which was signed to Ticketts for his and other appearances at the Hall for defaults saying they might choose whether to appeare or not Alsoe he told the Court with high language I will not be dismissed.

fforasmuch as this Court is informed and it doth fully appeare to this present Court of Assistants That Mr Lawrence Cotton hath from time to time bin a disturber of the Unity peace and amity of this Society and hath by many reproachfull Words and ill behaviour abused the present Mrs of the Company and divers of the Assistants and Members of this Company Whereupon this Court doth dismisse the said Mr Cotton out of and from his place of an Assistant and being an Examiner.

Mr. Cotton subsequently made his peace, was reinstated and served the office of Master, 1645!

8th July, 1644. Whereas by Order of the Honourable house of ComÕns assembled in Parliament of the 28th June last the President of the Colledge of Physicians was appointed to call this Company before them and to tender the Covenaunt by them This Court conceiveing their Priviledges to be thereby infringed this Cort the Mr doe advise with Councell Doth order that a Petic?on be framed to be preferred by all the Assistants that are now present or the major part, to the House of ComÕns to have the tendring of the CovenÑt themselves to theire owne Members and the Charge to be allowed out of the ComÕn stock.


                                                                                                                                                                                                                                                                                                           

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