We read in LivyDec. 1. Libr. 7.[458] that the Young People in Rome kept the Fabulæ Attellanæ to themselves. 'They would not suffer this Diversion to be blemish'd by the Stage. For this reason, as the Historian observes,Ab Histrionibus Pollui.[459] the Actors of the Fabulæ Atellanæ were neither expell'd their Tribe, nor refused to serve in Arms; Both which Penalties it appears the Common Players lay under.'

In the Theodosian Code, Players are call'd Personæ inhonestæ;XV. Cod. Theod. Tit. vii. p.375.[460] that is, to Translate it softly, Persons Maim'd, and Blemish'd in their Reputation. Their Pictures might be seen at the Play-House, but were not permitted to hang in any creditable Place** in loco Honesto.[461] of the Town, Upon this Text Gothofred tells us the Function of Players was counted scandalous** turpe munus.[462] by the Civil Law, L. 4. And that those who came upon the Stage to divert the people, had a mark of Infamy set upon them. Famosi sunt ex Edicto. L. 1. §. 6. de his qui notantur infamia. Gothofred. Ibid. p. 376.[463]

I shall now come down to our own Constitution. And I find by 39 Eliz. cap. 4. 1. Jac. cap. 7. That all Bearwards, Common Players of Enterludes, Counterfeit Egyptians &c. shall be taken, adjudged and deem'd Rogues, Vagabonds, and sturdy beggars, and shall sustain all pain and Punishment, as by this Act is in that behalf appointed. The Penalties are infamous to the last degree, and Capital too, unless they give over. 'Tis true, the first Act excepts those Players which belong to a Baron or other Personage of higher Degree, and are authorized to Play under the hand and Seal of Armes of such Baron, or Personage. But by the later Statute this Privilege of Licensing is taken away: And all of them are expresly brought under the Penalty without Distinction.

About the Year 1580, there was a Petition made to Queen Elizabeth for suppressing of Play-Houses. 'Tis somewhat remarkable, and therefore I shall transcribe some part of the Relation.

Many Godly Citizens, and other well disposed Gentlemen of London, considering that Play-Houses and Dicing-Houses, were Traps for Young Gentlemen and others, and perceiving the many Inconveniencies and great damage that would ensue upon the long suffering of the same, not only to particular Persons but to the whole City; And that it would also be a great disparagement to the Governours, and a dishonour to the Government of this Honourable City, if they should any longer continue, acquainted some Pious Magistrates therewith, desiring them to take some Course for the suppression of Common Play-Houses, &c. within the City of London and Liberties thereof; who thereupon made humble suit to Queen Elizabeth and her Privy Council, and obtain'd leave of her Majesty to thrust the Players out of the City and to pull down all Play-Houses, and Dicing-Houses within their Liberties, which accordingly was effected.Rawlidge his Monster, lately found out, &c. p. 2, 3, 4.[464] And the Play-Houses in Grace-Church-street &c. were quite put down and suppress'd.

I shall give a Modern Instance or two from France and so conclude these Authorities.

In the Year 1696. we are inform'd by a Dutch Print,Gazett Roterdam: Dec. 20. Paris.[465] M. L' Archevéque appuyé &c. That the Lord Arch-Bishop 'support'd by the interest of some Religious Persons at Court, has done his utmost to suppress the Publick Theatres by degrees; or at least to clear them of Profaness.'

And last Summer the Gazetts in the Paris Article affirm.French Amsterdam Harlem Gazetts. Paris, May. 17th. 1697.[466] That the King has 'order'd the Italian Players to retire out of France because they did not observe his Majesties Orders, but represented immodest Pieces, and did not correct their Obscenities, and indecent Gestures.'

The same Intelligence the next week after, acquaints us, 'that some Persons of the first Quality at Court, who were the Protectors of these Comedians, had solicited the French King to recal his Order against them, but their Request had no success.'

And here to put an end to the Modern Authorities, I shall subjoyn a sort of Pastoral Letter publish'd about two years since by the Bishop of Arras in Flanders. The Reader shall have as much of it as concerns him in both Languages.