The Statute Law on this subject is not without interest. Stated shortly
it stands thus: By 39 Eliz. c. 4, it was enacted, 'That all persons
calling themselves Schollers going abroad begging ... all idle persons
using any subtile craft or fayning themselves to have knowledge in
Phisiognomye, Palmestry, or other like crafty science; or pretending
that they can tell Destyneyes, Fortunes, or such other like fantasticall
Ymagynaeons; all Fencers, Bearwards, _common players of Interludes and
Minstrels wandering abroad_ (other than players of Interludes belonging
to any Baron of this realm, or any honourable personage of greater
degree to be auctorised to play under the hand and seale of Arms of such
Baron or Personage); all Juglers, Tinkers, Pedlars, and Petty Chapmen
wandering abroad ... shall be taken, adjudged, and deemed Rogues,
Vagabonds, and Sturdy Beggars, and shall sustain such payne and
punyshment as by this Act is in that behalf appointed.'
Such 'payne and punyshment' was as follows:
'To be stripped naked from the middle upwards, and shall be openly
whipped until his or her body be bloudye, and shall be forthwith
sent from parish to parish by the officers of every the same the next
streghte way to the parish where he was borne. After which whipping
the same person shall have a Testimonyall testifying that he has been
punyshed according to law.'
This statute was repealed by 13 Anne c. 26, which, however, includes
within its new scope 'common players of Interludes,' and names no
exceptions. The whipping continues, but there is an alternative in the
House of Correction: 'to be stript naked from the middle, and be openly
whipped until his or her body be bloody, or may be sent to the House
of Correction.' 17 Geo. II. c. 5 repeals a previous statute of the same
king which had repealed the statute of Anne, and provides that 'all
common players of Interludes and all persons who shall for Hire, Gain,
or Reward act, represent, or perform any Interlude, Tragedy, Comedy,
Opera, Play, Farce, or other Entertainment of the Stage, not being
authorized by law, shall be deemed Rogues and Vagabonds within the true
meaning of the Act.' The punishment was to be 'publicly whipt,' or to be
sent to the House of Correction. This Act has been repealed, and the law
is regulated by 5 Geo. IV. c. 83, which makes no mention of actors, who
are therefore now wholly quit of this odious imputation.