Licensing Act 1737

Last updated

Licensing Act 1737
Act of Parliament
Coat of Arms of Great Britain (1714-1801).svg
Long title An Act to explain and amend so much of an Act made in the Twelfth Year of the Reign of Queen Anne, intituled, "An Act for reducing the Laws relating to Rogues, Vagabonds, sturdy Beggars, and Vagrants, into One Act of Parliament; and for the more effectual punishing such Rogues, Vagabonds, sturdy Beggars, and Vagrants, and sending them whither they ought to be sent," as relates to common Players of Interludes.
Citation 10 Geo. 2. c. 28
Dates
Royal assent 21 June 1737
Other legislation
Amends Vagrants Act 1713
Repealed by Theatres Act 1843
Status: Repealed
Text of statute as originally enacted
First page of the Licensing Act of 1737, which established the office of Examiner of Plays Licensing act 1737 scan.jpg
First page of the Licensing Act of 1737, which established the office of Examiner of Plays

The Licensing Act 1737 (10 Geo. 2. c. 28) is a former Act of Parliament in the Kingdom of Great Britain, and a pivotal moment in British theatrical history. Its purpose was to control and censor what was being said about the British government through theatre. The act was repealed by the Theatres Act 1843, which was itself replaced by the Theatres Act 1968. The Lord Chamberlain was the official censor and the office of Examiner of Plays was created under the Act. The Examiner assisted the Lord Chamberlain in the task of censoring all plays from 1737 to 1968. The Examiner read all plays which were to be publicly performed, produced a synopsis and recommended them for licence, consulting the Lord Chamberlain in cases of doubt. The act also created a legal distinction between categories of "legitimate theatre" and "illegitimate theatre".

Contents

Forerunner

The function of censorship of plays for performance (at least in London) fell to the Master of the Revels by the time of the reign of Queen Elizabeth I. The power was used mostly with respect to matters of politics and religion (including blasphemy). It was certainly exercised by Edmund Tylney, who was Master from 1579 to 1610. Tylney and his successor, George Buck, also exercised the power to censor plays for publication. [1] [2] The Master of the Revels, who normally reported to the Lord Chamberlain, continued to perform the function until, with the outbreak of the English Civil War in 1642, stage plays were prohibited. [3] Stage plays did not return to England until the Restoration in 1660. [4] During the creation of the Licensing of 1737, Robert Walpole was the standing Master of the Revels [5] :4

Purpose of the Act

Laws regulating theatre in the early 18th century were not strictly enforced. [5] :13–22 People had free rein to say anything they wanted through theatre, including all their troubles with the government. [5] :3–5 Free speech in theatre was seen as a threat to the government, facilitating the spread of revolutionary ideas. [5] :xi The act enhanced government control and censorship. [5] :4–5

Examiner of Plays

In addition to reading plays and writing Reader's Reports for the Lord Chamberlain the Examiners were expected to visit theatres to ensure their safety and comfort and to see that the Lord Chamberlain's rules were carried out with regard to the licences. They were also required to appear at subpoenas in law cases relating to licensing, and to examine Play Bills. [6] From 1911 Examiners were required to write reports on plays for the Lord Chamberlain. [7] A copy of the play script and Reader's Report were held by the Lord Chamberlain's office and are now held by the British Library in the Lord Chamberlain's Plays collection.

In the years 1922–1938 when The Earl of Cromer was the Lord Chamberlain nearly 13,000 plays were licensed, an average of 820 a year; under 200 plays were refused a licence, an average of 12 per year. [6]

There were 21 Examiners of Plays between 1738 and 1968. [6] [8]

DateExaminerNotes
1738–1778Chetwynd, William
1738–1749 Odell, Thomas Deputy Examiner
1749–1781 Capell, Edward Deputy Examiner
1778–1824 Larpent, John Assisted by his wife Anna Larpent
1824–1836 Colman, George Known as 'Colman the Younger'
1836–1840 Kemble, Charles
1840–1857 Kemble, John
1857–1874 Donne, William Bodham
1874–1895Pigott, Edward Frederick Smyth
1895–1911Redford, George A.
1911–1913 Brookfield, Charles Joint examiner with Redford for one month in 1911
1913–1920Bendall, Ernest AlfredJoint Examiner 1914-1920
1914–1936 Street, George Joint Examiner 1914-1920

Senior (Sole) Examiner 1920-1930

Joint Examiner 1930–1936

1930–1953Game, HenryJoint Examiner 1930-1936

Senior Examiner 1936-1953

1931–1968 Jones, Rev. Albert Evans Welsh Reader
1936–1958 Dearmer, Geoffrey Examiner 1936-1953

Senior Examiner 1953-1958

1937–1968Heriot, CharlesExaminer 1937-1958

Senior Examiner 1947-1968

1952–1963Troubridge, Lt-Col. Sir St VincentAssistant Examiner 1952-1963
1958–1965Coles, MauriceAssistant Examiner
1964–1968Kyrle Fletcher, IfanAssistant Examiner
1965–1968Harward, TimothyAssistant Examiner

The Examiners had a variety of qualifications and experience for the position. Edward Pigott (1824–1895) was a journalist on the Daily News and had an extensive knowledge of European literature and languages. [9] George Redford (d. 1916), a playwright, resigned his post in 1913 to become the first president of the British Board of Film Censors. [6] [10] Ernest Bendall (1846–1924) had been a clerk in the Paymaster-General's Office for 30 years retiring in 1896 to become a journalist and drama critic for several London newspapers. [6] [11] [12] [13] Charles Brookfield was an actor, playwright and journalist. [14] George Street was an essayist, novelist and playwright. [15] [16] Henry Game (d. 1966) trained as an artist, was an amateur actor and was known for his knowledge of the theatre. [17] Charles Heriot (d. 1972) was an actor and producer. [6] [18] Sir St Vincent Troubridge (1895–1963) was in the military as well as being a theatre historian. [19] [20] Ifan Kyrle Fletcher (d. 1969) was a theatre historian and antiquarian bookseller. [21] Timothy Harward studied theatre and literature at university, becoming a theatre journalist for the Irish Times and lecturer at Regent Street Polytechnic. [6]

See also

Related Research Articles

The Master of the Revels was the holder of a position within the English, and later the British, royal household, heading the "Revels Office" or "Office of the Revels". The Master of the Revels was an executive officer under the Lord Chamberlain. Originally he was responsible for overseeing royal festivities, known as revels, and he later also became responsible for stage censorship, until this function was transferred to the Lord Chamberlain in 1624. However, Henry Herbert, the deputy Master of the Revels and later the Master, continued to perform the function on behalf of the Lord Chamberlain until the English Civil War in 1642, when stage plays were prohibited. The office continued almost until the end of the 18th century, although with rather reduced status.

<span class="mw-page-title-main">Lord Chamberlain</span> Most senior official of the Royal Household of the United Kingdom

The Lord Chamberlain of the Household is the most senior officer of the Royal Household of the United Kingdom, supervising the departments which support and provide advice to the Sovereign of the United Kingdom while also acting as the main channel of communication between the Sovereign and the House of Lords. The office organises all ceremonial activity such as garden parties, state visits, royal weddings, and the State Opening of Parliament. They also oversee the Royal Mews and Royal Travel, as well as the ceremony around the awarding of honours.

<i>Eastward Hoe</i> Stage play by George Chapman, Ben Jonson, and John Marston

Eastward Hoe or Eastward Ho! is an early Jacobean-era stage play written by George Chapman, Ben Jonson and John Marston. The play was first performed at the Blackfriars Theatre by a company of boy actors known as the Children of the Queen's Revels in early August 1605, and it was printed in September the same year.

<span class="mw-page-title-main">Lord Chamberlain's Office</span> Department of the Royal Household

The Lord Chamberlain's Office is a department within the British Royal Household. It is concerned with matters such as protocol, state visits, investitures, garden parties, royal weddings and funerals. For example, in April 2005 it organised the wedding of Charles, Prince of Wales and Camilla Parker Bowles. It is also responsible for authorising use of the Royal Arms.

A Patriot for Me is a 1965 play by the English playwright John Osborne, based on the true story of Alfred Redl. The controversial refusal of a performance licence by the Lord Chamberlain's Office played a role in the passage of the Theatres Act 1968.

<span class="mw-page-title-main">Theatres Act 1968</span> United Kingdom legislation

The Theatres Act 1968 abolished stage censorship in the United Kingdom, receiving royal assent on 26 July 1968, after passing both Houses of Parliament.

Sir Edmund Tilney or Tylney (1536–1610) was a courtier best known now as Master of the Revels to Queen Elizabeth and King James. He was responsible for the censorship of drama in England. He was also instrumental in the development of English drama of the Elizabethan period. Tilney made the office of Master of the Revels into an institution.

<span class="mw-page-title-main">Patent theatre</span> British theatres licensed to show dramas in the 17th to 19th centuries

The patent theatres were the theatres that were licensed to perform "spoken drama" after the Restoration of Charles II as King of England, Scotland and Ireland in 1660. Other theatres were prohibited from performing such "serious" drama, but were permitted to show comedy, pantomime or melodrama. Drama was also interspersed with singing or dancing, to prevent the whole being too serious or dramatic.

<span class="mw-page-title-main">Cinematograph Act 1909</span> United Kingdom legislation

The Cinematograph Act 1909 is an Act of the Parliament of the United Kingdom. It was the first primary legislation in the UK which specifically regulated the film industry. It unintentionally provided the legal basis for film censorship, leading to the establishment of the British Board of Film Censors in 1912.

<i>Fallen Angels</i> (play)

Fallen Angels is a comedy by the English playwright Noël Coward. It opened at the Globe Theatre, London on 21 April 1925 and ran until 29 August. The central theme of two wives admitting to premarital sex and contemplating adultery met hostility from the office of the official theatre censor, the Lord Chamberlain, and the necessary licence was granted only after the personal intervention of the Chamberlain.

The Historical Register for the Year 1736 is a 1737 play by Henry Fielding. A denunciation of contemporary society and politics, most notably prime minister Sir Robert Walpole, it was performed for the first time in April 1737 and published shortly thereafter by J. Roberts in London according to the book's title page.

<span class="mw-page-title-main">Theatres Act 1843</span> United Kingdom legislation

The Theatres Act 1843 is a defunct Act of Parliament in the United Kingdom. It amended the regime established under the Licensing Act 1737 for the licensing of the theatre in Great Britain, implementing the proposals made by a select committee of the House of Commons in 1832.

Legitimate theatre is live performance that relies almost entirely on diegetic elements, with actors performing through speech and natural movement. Traditionally, performances of such theatre were termed legitimate drama, while the abbreviation the legitimate refers to legitimate theatre or drama and legit is a noun referring both to such dramas and actors in these dramas. Legitimate theatre and dramas are contrasted with other types of stage performance such as musical theatre, farce, revue, melodrama, burlesque and vaudeville, as well as recorded performances on film and television.

<i>The Happy Land</i>

The Happy Land is a play with music written in 1873 by W. S. Gilbert and Gilbert Arthur à Beckett. The musical play burlesques Gilbert's earlier play, The Wicked World. The blank verse piece opened at the Royal Court Theatre on 3 March 1873 and enjoyed a highly successful run, soon touring, and then being immediately revived at the same theatre in the autumn of 1873.

<span class="mw-page-title-main">Theatre of the United Kingdom</span> Overview of theatre in the UK

Theatre of United Kingdom plays an important part in British culture, and the countries that constitute the UK have had a vibrant tradition of theatre since the Renaissance with roots going back to the Roman occupation.

<span class="mw-page-title-main">William Bodham Donne</span> English journalist

William Bodham Donne (1807–1882) was an English journalist, known also as a librarian and theatrical censor.

<span class="mw-page-title-main">Eva Elwes</span>

Eva Elwes was an English actress and playwright who wrote over 50 plays between 1907 and 1938.

The Whim is a play written by Eglantine Wallace in 1795. The play was banned under the Licensing Act 1737 and never performed. It was published that same year with an indignant subtitle and went into a second edition:

With an address to the public, upon the arbitrary and unjust aspersion of the licenser against its political sentiments. Offered to be acted for the benefit of the Hospital and Poor of the Isle of Thanet, but refused The Royal Licence.

<span class="mw-page-title-main">Angles Theatre</span> Theatre in Wisbech, Isle of Ely, Cambridgeshire, England

The Angles Theatre is a theatre and historic Georgian playhouse in the market town of Wisbech, Isle of Ely, Cambridgeshire, England. It is among the oldest of Britain's theatres. The current premises consists of the original theatre building and a former library, originally an "infant" school built in 1837, both of which are Grade II listed. The patrons are Sir Derek Jacobi, Jo Brand, Claire Tomalin and Dame Cleo Laine.

The Lord Chamberlain's Plays are a collection of manuscripts held by the British Library comprising scripts of all new plays in Britain that needed to be approved for performance by the Lord Chamberlain between 1824 and 1968. This was a requirement of both the Licensing Act 1737 and the Theatres Act 1843, though his office was not legally entititled to retain the texts until 1912.

References

  1. "The Oxford Dictionary of National Biography". Oxford Dictionary of National Biography (online ed.). Oxford University Press. 2004. doi:10.1093/ref:odnb/3821.(Subscription or UK public library membership required.)
  2. Buck was granted "a portion of the powers previously vested" in the Church Court of High Commission, to license plays for publication. Dutton, p. 149.
  3. "September 1642: Order for Stage-plays to cease", British History Online, accessed 6 November 2014
  4. Baker, p. 85
  5. 1 2 3 4 5 Liesenfeld, Vincent J. (1984). The Licensing Act of 1737 . University of Wisconsin Press. ISBN   978-0-299-09810-0.
  6. 1 2 3 4 5 6 7 Johnston, John (1990). The Lord Chamberlain's blue pencil. London: Hodder & Stoughton. pp. 46–57, 119–125, 265–266. ISBN   978-0340525296. OCLC   59148445.
  7. Dominic, Shellard; Nicholson, Steve; Handley, Miriam (2004). The Lord Chamberlain regrets-- : a history of British theatre censorship. London: British Library. p. 25. ISBN   978-0712348652. OCLC   57430574.
  8. Bucholz, R.O. (2006). "'Chamber Administration: Examiner and Deputy Examiner of Plays, 1738-1837', in Office-Holders in Modern Britain: Volume 11 (Revised), Court Officers, 1660-1837". British History Online. Retrieved 10 January 2019.
  9. "Death of Mr. E.F.S. Pigott". The Era. 2 March 1895. p. 9.
  10. "Death of Mr. G.A. Redford". The Era. 15 November 1916. p. 15.
  11. "Joint Examiner of Plays". The Sphere. 19 July 1924. p. 17.
  12. "Mr. E.A. Bendall". The Times (London). 15 July 1924. p. 16.
  13. "Obituary". Sheffield Daily Telegraph. 15 July 1924. p. 10.
  14. "Mr Charles Brookfield". The Times (London). 21 October 1913. p. 11.
  15. "Mr George Street". The Times (London). 2 November 1936. p. 19.
  16. "Cues and comments". The Stage. 5 November 1936. p. 9.
  17. Dearmer, Geoffrey (9 June 1966). "Mr Henry Game". The Times (London). p. 16.
  18. "Mr Charles David Heriot". The Times (London). 22 November 1972. p. 18.
  19. "Sir St. Vincent Troubridge". The Times (London). 18 December 1963. p. 12.
  20. Marriott, R.B. (27 June 1968). "For the benefit of the player". The Stage: 8.
  21. "Mr I.K. Fletcher". The Times (London). 3 January 1969. p. 8.

Further reading