of Elizabeth, already mentioned, as well as preceding statutes on this subject, extended only to offences committed in a legal park, our author, had he even been guilty of the act imputed to him, would not have fallen within the peril of the law. He might, indeed, have been proceeded against by an action of trespass; but it never has been alleged that any civil suit was instituted against Shakspeare on this ground. In truth, the objection which I have now stated is scarcely worth considering; for of keeping deer in unenclosed grounds no example can be produced.

That there never was a park at Charlecote, is very easily proved. It is well known that, from the time of the Norman conquest, in consequence of the principle of the feudal law, that the king is the ultimate proprietor of all the lands of the kingdom, which are all considered as derived from him, and of his right by the common law, and by virtue of his royal prerogative, to all bona vacantia, which all beasts of chase are supposed to be, no person could possess a legal park but by royal licence, or immemorial prescription. Hence it follows that, strictly speaking, no man was entitled, at common law, to hunt or sport even upon his own soil. By the grant of a chase licence to make a park or free warren, becoming, as Sir William Blackstone has well expressed it, a royal game-keeper, he obtained not only the power, but the sole and exclusive power of killing all beasts of venery, and all fowls of warren, so far as his chase, park, or warren, extended; and it was unlawful, at common law, for any other person to kill any beasts

+ See p. 135.

of chase, or fowls of warren, within its precincts. Leland, whose journeys through England, as has been already mentioned, were made between the years 1536 and 1542, never fails to take notice of every park that he passed by; but does not mention any park belonging to the Lucy family, though he rode by the mansion-house and demesne of Sir William Lucy, the father of Sir Thomas, which he has briefly described in his journey from Warwick to Stratford: Charlecote, therefore, certainly could not boast of any park by prescription or immemorial usage. If it shall be said that his son, Sir Thomas Lucy, at a subsequent period, might have made a park there, the answer is, that this could not have been done without a royal grant or licence: and it appears that he never did obtain any such franchise; no trace of such a grant being to be found on the patent rolls, during the whole reign of Elizabeth.

SECTION IX.

When our poet's mind was first applied to theatrical subjects, is a curious speculation, on which, however, I am not furnished with sufficient documents to warrant any certain conclusion. At what time soever he removed from Stratford, he certainly had an opportunity of observing many modes of life in his native town, and his resolution to tread the stage might have been formed before he had ever seen London. While he was yet a child, so early as 1569, the year when his father was chief magistrate, the Queen's company of comedians, and the Earl of Worcester's servants, visited Stratford; in 1573, Lord Leicester's players were

there; in the following year the comedians of Lord Warwick, and those of Lord Worcester; and in 1576 the latter company and Lord Leicester's servants again visited that town. In the period between 1579, when our poet was fifteen years old, and 1587, in which, or the preceding year, he may be supposed to have migrated to the metropolis, some distinguished company of players entertained the inhabitants of Stratford and its neighbourhood, by their dramatick exhibitions every year but one; Lord Strange's servants, and the company licensed by the Countess Dowager of Essex, in 1579; Lord Derby's servants, in 1580; Lord Worcester's and Lord Berkeley's, in 1581; Lord Worcester's alone, in 1582; the servants of Lord Berkeley and Lord Chandois, in 1583; the servants of Lord Oxford, Lord Warwick, and Lord Essex, in 1584; and a company of which the name is not specified, in 1586. In the following year, no less than four different companies of comedians visited this town, among which were her Majesty's servants".

5 In the chamberlain's account for 1569, I find the following articles :

"Item, payd to the Quenes pleyers, ixs.

"Item, payd to the erle of Worcesters pleers, xiid."

In 1573-"Item, pd to Mr. Bayly for the Erle of Leicesters players, vis. viiid.”

In 1574-" Given my lord of Warwicks players, xviis.

❝p the earle of Worcesters players, vs. viid."

In 1577," Pd to my lord of Leicesters players, xvs.

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pd to my lord of Wosters players, iijs. iiijd."

6 1579. " Item paid to my Lord Strange men the xith day of

February at the cōmaundement of Mr Bayliffe, vs.

"Pd at the comandement of Mr Baliffe to the countys of Essex plears, xivs. vid."

The usual place of representation appears to have been the Guildhall, which seems somewhat extraordinary, as perhaps no town in England had in it at that time more barns, any one of which should seem to have been better adapted to such exhibitions than the chamber or guildhall, and would certainly have held a more numerous audience. During several of the following years, with which we have less concern,

1510." Pd to the earle of Darbyes players at the cōmaundement of M' Baliffe, viiis. ivd."

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1581. "Pd to the earl of Worcester his players, iijs. iiijd. "Pd to the Lord Bartlett his players, iijs. ijd."

[Bartley was often written formerly for Berkeley.]

Thus, in Dugdale's Chronica Series, p. 105, we have "Robert Bartley similiter, 28 Feb. Pat. 2 Car. p. 15;" and in the next page but one, the same person is called Robert Barkley:

"Rob. Barkley constit. serv. regis ad legem, 12 April, Pat. 3 Car. p. 8."

1582. "Payed to Henry Russel for the earle of Worcesters players, vs."

1583. "

Payd to Mr Alderman that he layd downe to the Lord Bartlitte his players, vs.

"Pd to the Lord Shandowes players, iiis. iid.”

1584. "Geven to my lord of Oxfords pleers, iijs. iiijd.

"Geven to the earle of Warr. pleers, iijs. iiijd. "p to the earle of Essex pleers, iijs. viijd."

1586. "Pa to M' Tiler for the pleyers, vs."

1587. "Item, pd for mending of a forme that was broken by the Quenes players, xvid.

"Item, Gyven to the Quenes players, xxs.

"It. Gyven to my lord of Essex players, vs.

"It. Gyven to therle of Leycester his players, xs. "It. Gyven to another companye, iiijs. iiijd.

"It. gyven to my lord of Staffords men, iijs. iiijd."

Accounts of the chamberlains of Stratford in the respective years.

various companies of players occasionally visited Stratford'. At length, at the very end of the Queen's reign, this town appears to have been infected by the new and illiberal doctrines of puritanism, which afterwards overturned the church and state, and banished every art and every elegance from England. Before, however, the dominion of the Saints was completely established, their disciples at Stratford were able to procure the following anathema to be issued out by the corporation, against the itinerant sons of Thespis: "17 Dec. 45 Eliz. 1602.

"At this Hall yt is ordered, that there shall be no

7 1592. "Paid to the Queenes players, xxs." Henry Wilson, chamberlain for 1592.

The account of

1593. "Paid unto the Queenes players, xxs." Account of John Sadler for 1593.

1596. " July 16 and 17, paid the Queens plairs, xs." Memorandum made by Richard Quiney at the end of a paper containing an account of the charges of his journey to London in that year.

It appears by another memorandum on the same paper, that Lord Derby's and Lord Ogle's servants also visited Stratford in that year.

1597." Item. p for four company of players, xixs. iiijd." Account of John Smith, chamberlain for 1597.

At Stratford, however, what old Ben complains of in his Discoveries, was experienced as well as at London, and "the puppets were seen in spight of the players," as appears by an item in the account of 1597: "Item, Pd to a man at Mr. Lewis by the appointment of Mr. Sturley then Bailiffe for the Show of the citie of Norwiche, iiis. iiijd."

So also in the chamberlain's account for 1583:

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Payd to Davi Jones and his companye for his pastyme at Whitsontyde, xiiis. iiiid."

Davy Jones was an inhabitant of Stratford.