Licensing Act 1737 Explained

Short Title:Licensing Act 1737
Type:Act
Parliament:Parliament of Great Britain
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.
Year:1737
Citation:10 Geo. 2. c. 28
Royal Assent:21 June 1737
Amends:Vagrants Act 1713
Repealing Legislation:Theatres Act 1843
Status:repealed
Original Text:http://statutes.org.uk/site/the-statutes/eighteenth-century/1737-10-george-2-c-28-the-licensing-act/

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 The act was repealed by the Theatres Act 1843, which was itself replaced by the Theatres Act 1968.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".

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]

Purpose of the Act

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

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. From 1911 Examiners were required to write reports on plays for the Lord Chamberlain.[6] 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.

There were 21 Examiners of Plays between 1738 and 1968.[7] [8]

!Date!Examiner!Notes
1738–1778Chetwynd, William
1738–1749Odell, ThomasDeputy Examiner
1749–1781Capell, EdwardDeputy Examiner
1778–1824Larpent, JohnAssisted by his wife Anna Larpent
1824–1836Colman, GeorgeKnown as 'Colman the Younger'
1836–1840Kemble, Charles
1840–1857Kemble, John
1857–1874Donne, William Bodham
1874–1895Pigott, Edward Frederick Smyth
1895–1911Redford, George A.
1911–1913Brookfield, CharlesJoint examiner with Redford for one month in 1911
1913–1920Bendall, Ernest AlfredJoint Examiner 1914-1920
1914–1936Street, GeorgeJoint Examiner 1914-1920Senior (Sole) Examiner 1920-1930

Joint Examiner 1930–1936

1930–1953Game, HenryJoint Examiner 1930-1936Senior Examiner 1936-1953
1931–1968Jones, Rev. Albert EvansWelsh Reader
1936–1958Dearmer, GeoffreyExaminer 1936-1953Senior Examiner 1953-1958
1937–1968Heriot, CharlesExaminer 1937-1958Senior 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.[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.[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.[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.

See also

Further reading

External links

Notes and References

  1. 10.1093/ref:odnb/3821. The Oxford Dictionary of National Biography. 2004.
  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. http://www.british-history.ac.uk/report.aspx?compid=55741 "September 1642: Order for Stage-plays to cease"
  4. Baker, p. 85
  5. Book: Liesenfeld, Vincent J.. The Licensing Act of 1737. University of Wisconsin Press. 1984. 978-0-299-09810-0. registration.
  6. Book: The Lord Chamberlain regrets-- : a history of British theatre censorship. Dominic. Shellard. Nicholson. Steve. Handley. Miriam. 2004. British Library. 978-0712348652. London. 25. 57430574.
  7. Book: Johnston, John. The Lord Chamberlain's blue pencil. Hodder & Stoughton. 1990. 978-0340525296. London. 46–57, 119–125, 265–266. 59148445.
  8. Web site: 'Chamber Administration: Examiner and Deputy Examiner of Plays, 1738-1837', in Office-Holders in Modern Britain: Volume 11 (Revised), Court Officers, 1660-1837. Bucholz. R.O.. 2006. British History Online. 10 January 2019.
  9. News: Death of Mr. E.F.S. Pigott. 2 March 1895. The Era. 9.
  10. News: Death of Mr. G.A. Redford. 15 November 1916. The Era. 15.
  11. News: Joint Examiner of Plays. 19 July 1924. The Sphere. 17.
  12. News: Mr. E.A. Bendall. 15 July 1924. The Times (London). 16.
  13. News: Obituary. 15 July 1924. Sheffield Daily Telegraph. 10.
  14. News: Mr Charles Brookfield. 21 October 1913. The Times (London). 11.
  15. News: Mr George Street. 2 November 1936. The Times (London). 19.
  16. News: Cues and comments. 5 November 1936. The Stage. 9.
  17. News: Mr Henry Game. Dearmer. Geoffrey. 9 June 1966. The Times (London). 16.
  18. News: Mr Charles David Heriot. 22 November 1972. The Times (London). 18.
  19. News: Sir St. Vincent Troubridge. 18 December 1963. The Times (London). 12.
  20. Marriott. R.B.. 27 June 1968. For the benefit of the player. The Stage. 8.
  21. News: Mr I.K. Fletcher. 3 January 1969. The Times (London). 8.

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