The Sun.
London, England, 1824-05-12 00:00:00

LITERARY NOTICE.

A LETTER to a MEMBER of PARLIAMENT, on the
Impropriety of Classing' PLAYERS with ROGUES and
VAGABONDS in the Vagrant Act. By the Author of
" The Vagrant Act, in relation to the Liberty of the
Subject."
The theatrical community have so much im-
proved in general character, and have risen so
highly in
_public_estimation, since the time when
they were so contemptuously treated in legisla-
tive enactments, that what might then be appli-
cable is no longer so at the present moment. A
profession that has been adorned and elevated by
a GARRICK, a SIDDONS, a REMBLE, and which,
without invidious selections, can at present num-
ber among its followers, male and female, per-
sons who are justly respected in private life,
should be hereafter exempted from the oppro-
brious description assigned to them in the le-
gislative measures alluded to. ' The Author of
the pamphlet before us, we understand, is a
Police Magistrate, who, though younger than
most who attain that appointment, appears to
be thoroughly qualified, by knowledge, good
sense, public spirit, and diligent research, for
the situation. After stating that he was induced
to write the pamphlet in consequence of the fol-
lowing question from the person to whom it is ad-
dressed, viz. " how far, independently of that Act
(the Vagrant Act), I considered the existing
laws relating to plays and players sufficient for
the punishment of offenders, without the neces-
sity of including them any longer in its provi-
sions ?" He commences the iuquiry in the fol-
lowing manner:—
" The introduction of players indiscriminately into the laws
relating to vagrancy is of modern date, for the act of the 39th
of Eliz. by which a certain set of them are expressly treated
as vagabonds, speaks only of common players of enterludes,*
wandering abroad.' The words are common players of enter..
Ludes and minstrels wandering abroad, (other than players of
enterludes belonging to any. Baron of this realm, or any other.
honourable personage of greater degree, to be authorized to
play under the hand and_seal of arms of such baron or per-
' sonage.') Upon this clause two questions arise—let. What
were interludes; 2dly, What were the players of them intended by
the act. Now interludes were not mysteries, which were a sort of
theatrical representation, founded entirely upon some scriptural
or legendary story—They were not moralities, which princi-
pally contained reflections and disquisitions upon vice and
virtue.—They were not the regular drama, because they had
little or no pretension to fable or plot ; but they were a species
of dramatic entertainment, in dialogue, inter-personal tas it
were, and not inter-seenical—sometimes serious, but oftener
comic—which followed the mysteries and moralities, and pre-
ceded the regular drama. Such were the interludes of Hey-
wood, in the reign of Henry VIII. And now as to the per-
sons.—Mr. Malone, in his historical account of the English
stage, speaking of the 39th of Elizabeth, makes the following
remark. " This statute has been frequently mis-stated by
Prynne and others, as if it declared all players (except Noble_
men's servants) to be rogues and vagabonds; whereas it was
made against strolling players only."
" As early as the 16th of Elizabeth (1574) we find a license
granted by herself to James Burbage and others, to use, ex-
ercise, and occupy the art and faculty of playing comedies, tra-
gedies, interhides, stage plays, and such like, as they have al.
ready used and studied.'
"'ln Rymer's Fcetlera there is also to be found a licence fron'
King James the First.—
Pro Laurentio Fletcher, et Willielmo- Shakespeare, et
' aliis. A.D. 1603. Pat.
I Jac. P. 2. m. 4.—James, by the grace of God, &c. to
4 all justices, &c. truly, Know you that we have licensed and
authorized, these our servants, Lawrence Fletcher, William
Shakespeare, Richard Burbage, Augustine Phillippes, John
' Hollings, Henry Condel, &c. and the rest of their asio-
dates, freely to use and exercise the art and faculty of
playing comedies, tragedieS, histories, interludes, morals,
: pastorals, stage-plays, and such like other, as they have_ al-
ready studied, or hereafter shall use or study, as well for
the recreation of our loving • subjects, as for our solace
4 and pleasure, when we shall think good to see them, during
c our pleasure; and the said comedies, tragedies, histories, inter-
' ludes, morals, pasterals, stage plays, and such like;to chew
and exercise publicly their best commodity, when the infection
of the plague shall decrease, as well within their now usual
house called the Globe, within our county of Surrey; as also
within any town-halls, or moute-halls, or other convenient
' places' within the liberties and freedom of any other city, uni-
" versity, town, or borough whatsbever, within our said realms
and dominions. Willing and commanding you, and every of
6 you, as'you tender our pleasure, not only to permit and suffer
' them herein, without any your lets, hindrances, or molests-
flans, during our pleasures, but also to be aiding, or as-
, sisting to' them, if any wrong be to ' them offered,
' and to allow•them such former curtesies as bath been given to
1. men of their place and quality ; and also what further favour
you' shall shew to these our servants for our sakes," we shall
take kindly at your hands. Witness ourself, at
Westminster, the 19th day of May.
`,Per Breve de privato Sigillo.'
" Now let the time be noted when these licenses were granted
—the first, twenty-three years before, and the second within six
years after the act of the 39th brEliz. when every species of dra-
matic representation was perfectly well known, and understood,
and fully recognized in those licenses ;: and had it been the in-
tention of the framers of that statute, to include the players of
the regular drama, (nay, all players indiscriminately,) it is not
very likely they would have tnhde mention only of com-
mon players of interludes and minstrels,—performers of the
lowest order—" wandering abroad,"—thus giving them their
complete" vagrant character; nor is it very probable that the
players of the regular drama would so soon after have been
treated with such marked respect and distinction by King
James, had they, by the act of his predecessor, only been con-
sidered in the light of licensed vagrants.'

" In every country there have been theatrical amusements
of an order inferior to the regular drama; such were the Mimi
and Atellanw of the Romans, and the Intermezzi of the Ita-
lians. To the 'Mimes of Rothe succeeded the llistrion and
Farceur of the middle ages, who roamed about from place to
plaee; without any settled habitation, displaying their buf-
foonery and obscene wit. After. them came the Trouvenr, the
Conteur, and the Jongleur ; the first •celebtated 'in verse the
exploits of princes or heroes, interspersing his theme with
'.
sallies of satire, or recited in dialogues the dalliance of lovers,
which were called Tenons, Syrventes, &c. ;' the Conteur told
his
en merry
the Jongleur played upon some instru-
m would often 'unite' their. talents, add by this
myTthaely e ; and
means aftbrded infinite mirth to their patrons and.protectors.
In England, previouS to the establishment of the drama, we had
also our mummeries and masquerades, and at, festivals the
castles of our great barons were. thronged with minstrels,
rnithics; tragetouri'or jugglers, •tuniblerA; And a whale train of
these amusing vagrants. Then followed the Mysteries and
Moralities, after them the Intierlinles, and 'then the Drama.
t ." A Play bctrvene Johan the: Husband, Tyb • the Wyfe,
and Sir Johan the Nest; by John the,
4to.
1 A AlerYPlay ketwene the 'Pardoner and the 'Prete, the
Curate, and neybour Pratte, 4to. Imprynted by William Iles-
tan, sth of April, 1533.
The Play called the Foure ; a new and very mery En=
terlude ofa IP.
—rneraa'Pardoner)arotYc4ry; a Pedler. :Made
by John Heewood, 403.
Riccoboid—Reflexions Historiques, p. 160.

Nye have -nnt'room for a" farther extract at pre-
sent, the .Drama, Point of moral in-
fln
cas. well as public gratifiCA 1.1011, is entitled
to respect and attention, we hOPe to be able to
tbute a s
resume the subject.