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292 Common Council conjecturally assigned to 1582, and finally the ruin of Paris Garden and the abolition of Sunday plays to which it led. The analysis of the arguments of the Queen's men is in a mercilessly critical vein, very different to the reasonable regulations of 1574, and may perhaps be ascribed to the malicious wit of Recorder Fleetwood. The writer deals first with the alleged need for exercise before playing at Court, and suggests that exercise in private houses might suffice, as it was unsuitable, let alone the danger of bringing infection into the royal presence, to offer to Her Majesty pieces already produced before the basest assemblies of London and Middlesex. As to the stay of the players' living, the view, which must surely have gone back some decades for its justification, is put forward that in times past it had not been thought meet that players should look to playing for a living, 'but men for their lyvings using other honest and lawfull artes, or reteyned in honest services, have by companies learned some enterludes for some encreasce to their profit by other mens pleasures in vacant time of recreation'. The players had claimed in their first article that the Lord Mayor's order of toleration on holy days should continue; but the Act of Common Council had cancelled this, and moreover the provision against the reception of audiences before the end of common prayer had been disregarded. Nor was it comely for youth to run 'streight from prayer to playes, from Gods service to the Deuells'. The second article had dwelt on the difficulty in a dark and foul season of either going into the fields for plays, or deferring them until after evening prayer; but the true remedy was 'to leave of that unnecessarie expense of time, wherunto God himself geveth so many impediments'. The third article had proposed to make plays permissible, so long as the deaths from plague were below fifty a week. The reply is that 'to play in plagetime is to encrease the plage by infection: to play out of plagetime is to draw the plage by offendinges of God upon occasion of such playes'. But if the number of deaths from plague were to be taken as the basis of toleration, it must be remembered that this number was an inadequate measure of the danger of infection amongst the living, and to wait until it rose to fifty would be to run too great a risk for the sake of a few 'whoe if they were not her Maiesties servants shold by their profession be rogues'. The normal weekly number of deaths out of plague-time was between forty and fifty, and commonly under forty; surely it would be enough to allow plays when the rate from all causes had been for two or three weeks together under fifty. Toleration was only