"§ II.... All fencers, bearwards, common players of enterludes, 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 authorised to play under the hand and seal of arms of such baron or personage): all juglers, tinkers, pedlers, &c.... shall be adjudged and deemed rogues, vagabonds, and sturdy beggars, &c.
"§ X. Provided always that this act, or any thing therein contained, or any authority thereby given, shall not in any wise extend to disinherit, prejudice, or hinder John Dutton of Dutton, in the county of Chester, Esquire, his heirs or assigns, for, touching or concerning any liberty, preheminence, authority, jurisdiction, or inheritance, which the said John Dutton now lawfully useth, or hath, or lawfully may or ought to use within the county-palatine of Chester, and the county of the city of Chester, or either of them, by reason of any ancient charters of any kings of this land, or by reason of any prescription, usage, or title whatsoever."
The same clauses are renewed in the last act on this subject, passed in the present reign of George III.
[X] [Edward I ... at the knighting of his son, &c.] See Nic. Triveti Annales, Oxon. 1719, 8vo. p. 342.
"In festo Pentecostes Rex filium suum armis militaribus cinxit, & cum eo Comites Warenniæ & Arundeliæ, aliosque, quorum numerus ducentos & quadraginta dicitur excessisse. Eodem die cum sedisset Rex in mensa, novis militibus circumdatus, ingressa Ministrellorum Multitudo, portantium multiplici ornatu amictum, ut milites præcipue novos invitarent, & inducerent, ad vovendum factum armorum aliquod coram signo."
[Y] [By an express regulation, &c.] See in Hearne's Append. ad Lelandi Collectan. vol. vi. p. 36. "A Dietarie, Writtes published after the Ordinance of Earles and Barons, Anno Dom. 1315."
"Edward by the grace of God, &c. to sheriffes, &c., greetyng. Forasmuch as ... many idle persons, under colour of mynstrelsie, and going in messages, and other faigned busines, have ben and yet be receaved in other mens houses to meate and drynke, and be not therwith contented yf they be not largely consydered with gyftes of the Lordes of the houses, &c.... We wyllyng to restrayne such outrageous enterprises and idlenes, &c. have ordeyned ... that to the houses of prelates, earles, and barons, none resort to meate and drynke, unless he be a mynstrel, and of these minstrels that there come none except it be three or four minstrels of honour at the most in one day, unlesse he be desired of the Lorde of the house. And to the houses of meaner men that none come unlesse he be desired, and that such as shall come so, holde themselves contented with meate and drynke, and with such curtesie as the maister of the house wyl shewe unto them of his owne good wyll, without their askyng of any thyng. And yf any one do agaynst this ordinaunce, at the firste tyme he to lose his minstrelsie, and at the second tyme to forsweare his craft, and never to be receaved for a minstrell in any house.... Yeven at Langley the vi. day of August, in the ix yere of our reigne."
These abuses arose again to as great a height as ever in little more than a century after; in consequence, I suppose, of the licentiousness that crept in during the civil wars of York and Lancaster. This appears from the charter, 9 E. IV. referred to in p. xlv. "Ex querulosâ insinuatione ... Ministrallorum nostrorum accepimus qualiter nonnulli rudes agricolæ & artifices diversarum misterarum regni nostri Angliæ, finxerunt se fore ministrallos, quorum aliqui liberatam nostram eis minime datam portarent, seipsos etiam fingentes esse minstrallos nostros proprios, cujus quidem liberatæ ac dictæ artis sive occupationis ministrallorum colore, in diversis partibus regni nostri prædicti grandes pecuniarum exactiones de ligeis nostris deceptive colligunt, &c."
Abuses of this kind prevailed much later in Wales, as appears from the famous commission issued out in 9 Eliz. (1567) for bestowing the silver harp on the best minstrel, rythmer, or bard, in the principality of North Wales: of which a fuller account will be given below in note [Bb3].
[Z] [It is thus related by Stow.] See his Survey of London, &c. fol. 1633, p. 521 (Acc. of Westm. Hall). Stow had this passage from Walsingham's Hist. Ang. ... "Intravit quædam mulier ornata histrionali habitu, equum bonum insidens histrionaliter phaleratum, quæ mensas more histrionum circuivit; & tandem ad Regis mensam per gradus ascendit, & quandam literam coram rege posuit, & retracto fræno (salutatis ubique discumbentibus) prout venerat ita recessit," &c. Anglic. Norm. Script. &c. Franc. 1603, fol. p. 109.