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280
THE CONTROL OF THE STAGE

were given at Court in early years by Sir Robert Lane's men, but these disappeared or transferred their services to a more honourable personage upon the legislation of 1572.[1] The most important of the provincial companies which did not come to London also bore the names of noblemen, and although many others were entertained by mere knights and gentlemen, it is probable that, at any rate after 1572, these did not range very widely from their head-quarters.[2] The necessity of procuring a fresh licence for every shire would doubtless, as was its intention, afford an obstacle to free circulation.[3] Apart from its defining clause, the main object of the Act of 1572 was to try once more the experiment, which had failed under Edward VI, of treating vagabondage with an increased severity. The summary whipping by individual magistrates was abolished except for children. An adult offender was to be committed to gaol until the next quarter sessions, and then, unless he could find a master to take him for a year's service, to be whipped and branded as a rogue by boring through the ear. On a second offence he was to be adjudged a felon, unless he could secure service for two years, and a third offence was to be treated as felony without benefit of clergy. The classification of unlicensed minstrels as rogues led to the insertion of a clause confirming the ancient privilege of the house of Dutton to issue licences within the county of Chester;[4] and another qualifying

  1. There is a doubtful notice of a Court play by the servants of George Evelyn of Wotton in 1588. Sir Percival Hart's sons played in 1565.
  2. The list of small travelling companies in Murray, ii. 77, 113, includes 14 belonging to knights and 3 to gentlemen in 1558-72, and 8 belonging to knights and 2 to gentlemen in 1573-97; also 7 companies under the names of their towns only in 1558-72 and 11 in 1573-97. Alexander Houghton of Lea in Lancashire wrote on 3 Aug. 1581 (G. J. Piccope, Lancashire and Cheshire Wills, ii. 238), 'Yt ys my wyll that Thomas Houghton of Brynescoules my brother shall have all my instrumentes belonginge to mewsyckes and all maner of playe clothes yf he be mynded to keppe and doe keppe players. And yf he wyll not keppe and maynteyne playeres then yt ys my wyll that Sir Thomas Heskethe Knyghte shall haue the same instrumentes and playe clothes. And I moste hertelye requyre the said Syr Thomas to be ffrendlye unto Foke Gyllome and William Shakshafte now dwellynge with me and ether to take theym unto his servyce or els to helpe theym to some good master'. Was then William Shakshafte a player in 1581?
  3. S. P. D. Eliz. clx. 48; clxiii. 44, record a dispute in 1583 between Sir Walter Waller and Mr. Potter, a J.P. of Kent. Waller, summoned before the Council, denies that his servants played an interlude at Brasted, and is confirmed by the constable and parishioners, who assert that Mr. Potter factiously sent the men to gaol as rogues. Lord Cobham made a vain attempt to reconcile the parties.
  4. Cf. Mediaeval Stage, ii. 259, on the history of this privilege. The reservation was continued by 39 Eliz. c. 4, § 10 (1598). By 43 Eliz. c. 9, § 2