THEATRE. Before the reign of Elizabeth theatrical representations &ppear to have been subject to no legal restraint beyond the liability of those who conducted them to the vagrant lama.
But, although players, as such, were subject to no general legal restrictions, it is probable that the practice of granting licences from the crown to such persons prevailed as early as the reign of Henry VIII. The earliest theatrical licence from the crown now extant is that granted by Queen Elisabeth, in 1574, to James Burbago and four other persons, "servants to the Earl of Leicester," which con tains a proviso that the performances thereby authorised, before they are publicly represented, shall be seen and allowed by the queen's master of the revels ; a stipulation analogous to tho licence of the lord chamberlain under the Licensing Act at the present day. These licences from the crown were originally nothing more than authorities to itinerate, which exempted strolling players from being molested by proceedings taken under the laws or proclamations against vagrants, and also superseded the necessity of licences from local magistrates.
Although theatrical representations became much more general in the reigns of James I. and Charles I., no laws were enacted for their regulation, with the exception of the stat. 1 Car. I. c. 1, which sup pressed the performance of "interludes and common plays" upon the Lord's Day. An ordinance of the Long Parliament, in 1648, was directed to the suppression of all stage-plays and interludes, but though occasionally enforced with much rigour, it failed to abolish these entertaintnenta. The stat. 12 Ann. stat. 2, c. 23, in general terms, classed players of interludes as rogues and vagabonds; but the stet. 10 Geo. 11., c. 28, s. 1, expounded the former statute, by enacting that " every person, who should for hire, gain, or reward, act, repre sent, or perform any play or other entertainment of the stage, or any part therein, if ho shall not have any legal settlement where the offence should be committed, without authority by patent from the king, or licence from the lord chamberlain, should be deemed a rogue and vagabond within the stet. 12 Aim." This provision is now repealed by the stet. 5 Geo. IV. c. 83, and players as such, whether stationary or itinerant, are, at the present day, not amenable to tho law as rogues and vagabonds. By the 2nd section of the above statute, 10 Geo. II. c. 28, which, with the exceptions just mentioned, is still iu full operation, and forms the law of the metropolitan theatres, it is enacted generally, that " every person who shall, without a patent or licence, act or perform any entertainment of the stage for hire, gain, or reward, shall forfeit the sum of UV By the 3rd section it is i declared, that "no person shall for hire, gain, or reward act, perform, or represent any new interlude, tragedy, comedy, opera, play, farce, or other entertainment of the stage, or any parts therein ; or any new act, scene, or other part added to any old interlude, tragedy, comedy, opera, play, farce, or other entertainment of the stage, or any new pro logue or epilogue, unless a true copy thereof be sent to the lord chamberlain of the king's household for the time being, fourteen days at the least before the acting, representing, or performing thereof, together with an account of the play-house or place where the same shall be, and the time when the same is first intended to be first acted, represented, or performed. signed by the master or manager." The
4th section authorises the lord chamberlain to prohibit the perform ance of any theatrical entertainment, and subjects the persons infring ing this prohibition to a penalty of 50/., and the forfeiture of their patent or licence. The 5th section provides that " no person shall be authorised by patent from the crown, or licence from the lord cham berlain, to act, represent, or perform for hire or reward, any interlude, tragedy, comedy, opera, play, farce, or other entertainment of the stage, in any part of Great Britain, except in the city of 'Westminster and within the liberties thereof, and in such places where the king shall personally reside, and during such residence only." The 7th section enacts, that "if any interlude, tragedy, comedy, opera, play, farce, or other entertainment of tho stage, or any act, scene, or part thereof, shall be acted, represented, or performed in any house or place where wine, ale, beer, or other liquors shall be sold or retailed, the same shall be deemed to be acted, represented, and performed for gain, hire, and reward." Within a few years after the passing of this act of parliament, the clause which restricted the power of granting }patents by the crown to theatres within the city of Westminster and places of royal residence, was found to be productive of inconvenience; and special acts of parliament were passed, which exempted several largo towns, in which such entertainment& were desired, from the operation of that clause, and authorised the king to grant letters for establishing theatres in such places.