THE present College of Surgeons owes its existence to the Act of the 18th _Geo._ 2. _c._ 15. (_see Appendix_, p. 30), by which the Surgeons of London are separated from the Barbers, with whom they had been made one Company and Body Corporate, by the 32nd _Hen._ 8. _c._ 40. (_see Appendix_, p. 14),[117] previous to which period (A. D. 1540) the Surgeons had no incorporation; they had indeed petitioned for and obtained an Act of Parliament under the name of the Wardens and Fellowship of the craft and mystery of Surgeons enfranchised in London, stating their number not to exceed twelve persons, to which number the relief from “quests and other things” granted by the Act (5th _Hen._ 8. _c._ 6. _see Appendix_, p. 5), is limited; but it is evident by the preamble to the 32nd _Hen._ 8. that they, though called a Company, “be not incorporate nor have any manner of corporation” previous to that period. The examination of Surgeons, as that of Physicians also, had been confided to the bishops (3 _Hen._ 8. _c._ 11.), nor does it appear that the subsequent Act of _Henry_ remedied this defect. By the 18th _Geo._ 2. however they have been made a separate and distinct Body Corporate and Commonalty, under the name of _Masters, Governors, and Commonalty of the art and science of Surgeons of LONDON_, by which name they may sue and be sued; (_Appendix_, p. 39). All liberties, privileges, franchises, powers, and authorities, which they might have enjoyed under the united Company and their Act of Parliament, or under the Letters Patent of _Charles_ the 1st, or the other Royal Grants, Charters, and Patents, therein mentioned and referred to, so far as they relate to the science of Surgery, are confirmed to them (§ 8. _Appendix_, p. 43). Now the Charter of _Charles_ the 1st, as recited in the preamble of this Act, grants 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 Patent mentioned.”[118]. (_see Appendix_, p. 36). The same Charter provides “That no one, whether a freeman of the mystery or commonalty aforesaid, or a foreigner, whether a native of England, or an