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the constable, or other oslicer or officers, warning such person or persons, before the freemen or so many of them as upon notice shall meet together and proving the neglect after the warning, shall have the power to levy the fine as aforesaid. But if in three months after that there be no duo care taken and continued for the education of such children or apprentices as aforesaid, the delinquent (without any further private warning) shall be proceedel against as before, but the fino doubled. And, lastly, if, after the said warning and fines paid or levied, the said deputies, officer, or ofiicers, shall still find a continuaueo of the former negligence, if it be not obstinacy, so that such children or servants may bo in danger to grow barbarous, rude, and stubborn through ignorance, they shall give due and seasonable notice that every such parent and master be summoned to the next court of magistrates, who are to proceed as they find cause, either to a greater fine, taking security for due conformity to the scope and intent of this law, or may take such children or apprentices from such parents and masters, and place them for years—boys till they come to tho age of one and twenty, and girls till they como to tho age of eighteen years, with such others who shall better educate and govern them, both for the public conveniency and for the particular good of the said children or apprentices.

III.

The union of the colonies of Connecticut and New Haven, or perhaps it would be better to say the absorption of New Haven by Connecticut, was consummated under the charter of 1662. The Connecticut code was now extended over the united colonies, including its educational provisions. In 1672 a new clause took the place of the old ones relating to the college at Cambridge and the town and grammar schools. At this time the colony consisted of four counties, and the general court voted to each of the four county towns forever 600 acres of land, to be improved in the best manner that may be for the benefit of a grammar school in said county towns, and to no other use or end whatever. This is the new clause:

And it is further ordered, That in every county there shall be set up and kept a grammar school for tho use of tho county, tlie master thereof being able to instruct youths so far as they may be fitted for college.

At the May session of the court, 1077, a new order was adopted, as follows:

Whereas in the law, title Schools, it is ordered that every county town shall keep and maintain a Latin school in the said town, which is not fully attended to in some places, to move, excite, and stir up to the attendance of so wholesome an order;

It is ordered by this court, That if any county town shall neglect to keep a Latin school according to order, there shall be paid a fino of ten pounds by the said county towns to the next town in that county that will engage and keep a Latin school in it, and so ten pounds annually till they shall come up to the attendance of this order; the granı jury to make presentinent of the breach of this order to the county court of all such breaches as they shall find after September next.

It is also ordered by this court, Where schools are to be kept in any town, whether it be county town or otherwiso, which shall be necessary to the maintaining the chargo of such schools, it shall be raised upon the inhabitants by way of rate, except any town shall agree to some other way to raise the maintenance of him they shall employ in the aforesaid works, any order to the contrary notwithstanding.

And at the same time it was ordered that any town that shall neglect to keep a school above tlıree months in the year shall forfeit £5 for every defect, which said fine shall be paid toward the Latin school in their county. All breaches of this order to be taken notice of and presented by the grand jury at every county court. In the following year the general court recommended

To the county court of Fairfield, to grant unto the inhabitants of Paquanake so much out of their county revenue by customs, fines, etc., so much as their rate shall come to, toward the maintenance of a grammar school at Fairfield, and also this court doth recommend it to the said court of Fairfield to improve so much of their county revenues as they can spare besides for the settlement and encouragement of a grammar school there.

In 1690 the court endeavored to raise two of the four county grammar schools to a higher level, and to make them wholly free. The school revenue given by particular persons is supposed to refer to the Hopkins legacy which occupies an important place in the educational history of the colony.

This court, considering the necessity and advantage of good literature, do order and appoint that there shall be two good free schools kept and maintained in this colony for the schooling of all such children as shall come there after they can distinctly read the psalter, to be taught reading, writing, arithmetic, the Latin and English languages—the ono at Hartford and tho other at New Haven-the masters whereof shall be chosen by the magistrates and ministers of the said counties, and shall be inspected and displaced by them if they sec cause. Each master is to receive sixty pounds, thirty pounds of which is to be paid out of the county treasury and the other thirty out of the school revenue given by particular persons or to be given for this use so far as it will extend, and the rest to be paid by the respective towns of Hartford and New Haven. | Strenuous attempts were made to enforce a sufficient provision for schools. In 1677 it was ordered:

If any county town shall neglect to keep a Latin school according to order, there shall be paid a fine of ten pounds by the said county town to the next town in the county that will keep a Latin school in it.

In 1678 it was ordered:

That every town, when the Lord shall have increased their families to thirty in number, shall have and maintain a school to teach children to read and write, on the penalty expressed in the former law.

In 1690 it was enacted as follows: This court observing that notwithstanding the former orders inade for the education of children and servants, there are many persons unable to read the English tongue, and thereby unable to read the Holy Word of God and the good laws of the colony, and it is hereby ordained that all parents and masters shall cause their children and servants, as they are capable, to read distinctly the English tongue, and that the grand jury men in each town do once in the year, at least, visit each family they suspect to neglect this order, and satisfy themselves that all children under age, and servants in such suspected families, can read well the English tongue, or in good procedure to learn the same or not, and if they find such children or servants not taught as their years are capable of, they shall return the names of the parents or masters of the said children to the next county court, when said parents or masters shall be fined twenty shillings for each child or servant whose teaching is thus neglected according to this order. After the order of 1690, unless it shall

appear to the satisfaction of the court that the said neglect was not voluntary, but necessitated by the incapacity of the parents, or masters, or their neighbors to cause them to be taught as aforesaid, or the incapacity of the said children or servants to learn.

In the revised edition of the laws, completed in 1700 and printed in 1702, the Act for educating children remains as in the code of 1650, with the following provision regarding stubborn or rebellious children:

And be it further enacted, etc., That whatsoever child or servant within this colony, upon complaint, shall be convicted of any stubborn or rebellious carriage against their parents or governors, any two assistants or justices are hereby authorized and empowered to commit such person or persons to the house of correction, there to remain under hard labor and severe punishment so long as they shall judge meet. The act concerning Schools is modified so as to read as follows:

Ax Act for appointing schools, and for the encouragement of schoolmasters. Be it enacted by the governor, council, and representatives, convened in general court or assembly, and it is enacted and ordained by the authority of the same, That every town within this colony, having the number of seventy householders or upwards shall be constantly provided of a sufficient schoolmaster to teach the children and youth to read and write; and every town having a less number of bouseholders than seventy sball yearly, from year to year, be provided of a sufficient schoolmaster to teach children and youth to read and write for one half of the year. And also there shall be a grammar school set up in every head town of the several counties in this colony, viz, in Hartford, New Haven, New London, Fairfield, and some discreet person of good conversation, well instructed in the tongues, procured to keep such school.

And for the encouragement and maintenance of schoolmasters.

It is further enacted by the authority aforesaid, That the inhabitants of each town in this colony shall annually pay forty shillings for every thousand pounds in their respective county lists, and proportionately for lesser sums, toward the maintenance of the schoolmaster in the town where the same is levied; and in such towns where the said levy shall not be sufficient for the maintenance of a suitable schoolmaster, and there is not any estate given by any charitable persons, or not sufficient together with the levy aforesaid for that use, in every such placo a sufficient maintenance shall be made up, the ono-half thereof by the inhabitants of such town and the other half thereof by the parents or masters of the children that go to school, unless any town agree otherwise. And when, and so often as the treasurer sends forth his warrants for levying the county rates, be shall also, together with the county rate, assess the inhabitants of the several towns in this colony the said sum of forty shillings upon every thousand pounds, and proportionately for lesser sums in their county lists, adding the same to their respective proportions of the county rate, and requiring the constables to levy the said assessments upon the inhabitants of each town within their several precincts, and to make payment thereof to the schoolmaster of the town (if any there be) where the same is levied; and in such town or towns where there is no schoolmaster provided according to law, to levy the said assessment, and to pay the same into the county treasury as a fine imposed upon such town for their defect,

Always provided, That no town shall be fined for want of a schoolmaster for one month only in one year.

Dr. Barnard thus sums up the system of public instruction existing in Connecticut at the opening of the eighteenth century:

1. An obligation on every parent and guardian of children, “not to suffer so much barbarism in any of their families as to have a single

child or apprentice unable to read the Holy Word of God and the good laws of the colony," and also "to bring them up to some lawful calling or employment," under a penalty for each offense.

2. A tax of 40 shillings on every 1,000 pounds of the lists of estates was collected in every town with the annual State tax, and payable proportionably to those towns only which should key their schools according to law.

3. A common school in every town having over 70 families, kept throughout the year, and in every town with less than 70 families kept for at least six months in the year.

4. A grammar school in each of tlie 4 head county towns to fit youth for college, 2 of which grammar schools must be free.

5. A collegiate school, toward which the general court made an annual appropriation of £120.

Provision for the religious instruction of the Indians. All through the eighteenth century the general court continued to enact school legislation. The following bears the date of October, 1715: AN ACT for the more effectual suppressing of immorality and irreligion, and for putting in due exe

cution sundry laws already made against rice and profaneness. Whereas, in May, anno Domini one thousand seven lundred and fourteen, it was by the governor, council, and representatives in general court assembled, recommended to the general association of the churches in this colony to inquire into the state of religion in this government.

In compliance where with the said association, upon duo inquiry made, reported to this assembly at this time the several following heads, viz:

I. A want of Bibles in particular families.
II. Remissness and great neglect of attendance on the public worship of

God upou Sabbatlı days and other seasons.
III. Catechising being too much neglected in sundry places.
IV. Great deficiency in domestical or family government.

V. Irregularity in commutative justice upon several accounts.
VI. Tale-bearing and defamation.
VII. Calumniating and contempt of authority and order, both civil and

ecclesiastical. VIII. And intemperance, with several other things therein mentioned. The which particular heads this assembly hath now considered, and are fearful that there batlı been too great a neglect of a due execution of those good laws already enacted amongst us for the prevention of such decays in religion.

It is therefore enacted by the governor, council, and representatives in general court assembled, and by the authority of the same, That all judges and justices of the peace, in the respective counties of this colony, be diligent and strict in putting in execution all tlıose laws and acts of this assembly made for the suppressing and punishing all or any of the above-mentioned immoralities and irreligious practices, that thereby the good end proposed in such acts and laws may be attained.

That the selectmen, constables, and grand jurors, in the respective towns in this colony shall from time to timo strictly observe the following directions:

To a duo execution of the law of this colony, entitled “An act for educating of children,” in all and every tho several parts and paragraphs of the said act.

That the selectmen make diligent inquiry of all householders, within their respective towns, how they are stored with Bibles; and upon such inquiry, if any such householders be found without one Bible at least, that then the said selectmen shall

warn the said householders forth with to procure one Bible at least for the uso and benefit of said family; and if the same be neglected, then tho said selectmen shall make return thereof to the next authority; and that all those families which are numerous, and whose circumstances will allow thereof, shall be supplied with a considerable number of Bibles, according to the number of persons in such families; and that they see that all such families be furnished with suitablo numbers of orthodox catechismis and other good books of practical godliness, viz., such especially as treat on, encourage, and duly prepare for the right attendance on that duty of the Lord's Supper.

That the constables and grand jurymen in the respective towns in this colony shall make diligent search after, and presentment of, all breaches of the following laws of this colony:

1. The law entitled "An act for educating of children."
2. The two last paragraphs of the law entitled “An act relating to ecclesi-

astical affairs."
3. The first paragraph of the law entitled “A act for the better detecting

and more effectual punishing profaneness and immorality.” 4. The law entitled “An act for the better observation and keeping the

Sabbath or Lord's Day." 5. The law entitled “An act for the punishment of lying." 6. The law entitled “An act against profane swearing, &c.” 7. The law entitled "An act to prevent unseasonablo meetings of young

people in the evenings after the Sabbath days and at other times. And to tho end that all branches of the said law may be duly put in execution:

It is now resolved, That the constables and grand jurymen in the respective towns shall, on the evenings mentioned in the said law, walk the streets, and search all places suspected for harboring or entertaining any people or persons assembling contrary to the said act.

8. The law entitled “Au act for preventing tippling and drunkenness."
9. The law entitled “An act for suppressing unlicensed houses, and due

regulating such as are or shall be licensed in the several paragraphs

thereof." 10. The law entitled “An act for suppressing certain meetings in licensed

houses;” and this law shall be understood and extended to, to prohibit heads of families and all other persons, as well as young persons (strangers and travelers only excepted) under tho same penalties in the

saiil law, as well to tavern keepers, as to others so convening. 11. And that the several constables in the respective towns shall strictly

observo and duly execute the several paragraphs of the law entitled “An act relating to constables,” by inaking due presentment and information of all breaches of the said law, and warning all persons in their respective towns who spend their time idly or aro tipplers and

tavern haunters. 12. That the constables and grand jurymen in their respectivo precincts

shall tako due care that the Lord's Day be sanctified according to the law, by inquiring after and making presentment of all such who sball

profane the said day. And it is further enacted by the authority aforesaid, That this act, together with a proclamation enforcing it, be forth with printed, and published throughout this colony; and that they shall be publicly read annually in the several towns in this colony at their public meetings for choice of town officers. And that the said meeting be careful in the choice of their said constables and grand jurymen, that they choose men of known abilities, integrity, and good resolutions.

ED 93_79

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