[842] Cf. M. S. C. i. 350; Aydelotte, 14. Procl. 273 laid down (1545) 'that noe person of what estate, degree or condicion soever he be, doe in any wise hereafter name or avowe any man to be his servant, unles he be his houshold servant, or his bailiffe or keeper, or such other as he may keepe and retayne by the lawes and statutes of this realme, or be retayned by the kings maiestys licence' (Hazlitt, E. D. S. 7). But the laws against retainers had fallen into desuetude again by 1572; cf. App. D, No. xix.
[843] Scargill-Bird³, 80; W. R. Anson, Law and Custom of the Constitution, ii. 1. 55; H. Hall, Studies in English Official Historical Documents, 263; M. S. C. i. 260. The stages of a patent, as settled by 27 Hen. VIII, c. 11 (1535), were (a) a Petition setting out the grant desired, and (b) a direction by the Sovereign for the preparation of (c) a King's Bill. In this the wording of the intended patent was settled, and this wording was followed, with varying initial and final formulae, in the subsequent instruments. The King's Bill received the royal Sign Manual and became the authority for the issue by a Clerk to the Signet of (d) a Signet Bill. This was sent to the Lord Privy Seal, who based upon it (e) a Writ of Privy Seal, which was addressed to the Lord Chancellor, and became in its turn the authority for the issue of (f) the actual Letters Patent under the Great Seal. These were handed to the recipient, while the Writ of Privy Seal passed on to the Six Clerks in Chancery, for (g) an Enrolment of its contents upon the Patent Roll.
[844] Cf. ch. ii.
[845] Mediaeval Stage, ii. 216.
[846] Cf. App. D, Nos. ii-v.
[847] Dasent, iii. 307.
[848] S. P. D. Edw. VI, xv. 33. By 5 & 6 Edw. VI of 1552 (Statutes, iv. 155) travelling tinkers and pedlars could hold a licence from two justices of the peace. This arrangement is continued by the Act of 1572 (vide infra), and tinkers and pedlars are there grouped with players. Possibly therefore such local licences had also been issued to players who were not 'servants', even before 1572.
[849] Dasent, i. 104, 109, 110, 122. The nature of the joiners' offence is clear; three of those imprisoned were named Hawtrell, Lucke, and Lucas. They had played 'wythowt respect ether off the day or the ordre whiche was knowen openlye the Kinges Highnes intended to take for repressinge off playes'. At the same time the Lord Warden's men were committed 'for playing contrary to an ordre taken by the Mayour'.
[850] P. F. Tytler, England under the Reigns of Edward VI and Mary, i. 21, from S. P. D. Edw. VI, i. 5.
[851] Gildersleeve, 5, points out that I was misled by Collier, i. 119, into citing the Marian proclamation in Mediaeval Stage, ii. 220, under 1533 as well as 1553. I regret the error.