the throne, had been passed under Henry VIII in 1531. It provided that any able-bodied beggar or idle vagrant, having no land or master, and using no lawful merchandise, craft, or mystery for his living, should be brought before a justice of the peace, or in a corporate town the mayor, who should see him whipped at the cart-tail, and then, if a beggar, returned to his place of birth or residence, there to work as a true man ought to do, or if an idle person but no beggar, either put to labour or set in the stocks until he found surety to go to service. This statute was replaced by one of greater severity in 1547, under which vagabonds were to be branded and put to forced labour as slaves. But it was revived in 1550 and kept in force by frequent renewals, of which the last was under Elizabeth herself in 1563. In these Acts there is no mention by name either of players or of minstrels.[1] It may, however, be assumed that the quality of a player would no more be regarded than that of a tinker or a pedlar as a merchandise, craft or mystery, and the fact that some of the early companies were composed of men for whom playing had originally been subsidiary to a regular craft would hardly serve them, after they had obviously deserted that craft and were travelling abroad to make a living by the arts of migratory entertainment.[2] Their actual safeguard was quite a different one. By definition the vagabond was a masterless man, and with the exception of a few bodies of town players, who probably did not wander far from their settled habitations, the Tudor companies were not masterless. They were all under the protection of some nobleman or gentleman of position, as whose 'servants' they passed, bearing with them, no doubt, at any rate after this was required by a proclamation of 1554, a 'certificate' or letter of recommendation as proof of identity.[3] No doubt the relation in the larger companies
- ↑ Aydelotte, 58, misrepresents the Act of 1531 on this point. The clearest proof that the unprotected player was a vagabond is in a Privy Council letter of 30 April 1556 to Lord Shrewsbury (Lodge, i. 260), which, after directing that Sir Francis Leek shall not let his servants travel as players, adds, 'And in case any person shall attempt to set forth these sort of games or pastimes at any time hereafter, contrary to this order; and do wander, for that purpose, abroad in the country; your Lordship shall do well to give the Justices of the Peace in charge to see them apprehended out of hand, and punished as vagabonds, by virtue of the statute made against loitering and idle persons'.
- ↑ Cf. App. C, s.vv. Gosson (1582), 215; Cox (1591); App. D, No. lxxv (2) (b). An Act of 1552 (5 & 6 Edw. VI, c. 21) required every travelling 'Pedler, Tynker, or Pety Chapman' to have a licence from two justices of the shire in which he resided (Statutes, iv. 155). This was merged in the Act of 1572 (App. D, No. xxiv), but not formally repealed until 1 Jac. I, c. 25, in 1604 (Statutes, iv. 1052).
- ↑ Procl. 455; cf. Dasent, v. 73; Machyn, 69.
