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Obiter Dicta by Augustine Birrell
page 80 of 118 (67%)



VAGABONDS AND PLAYERS.

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.'

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