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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:

AN 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 householders than seventy shall 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 shali 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 place a sufficient maintenance shall be made up, the one-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, he 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 ke 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 the 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.

6. 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 vice and profaneness.

Whereas, in May, anno Domini one thousand seven hundred 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 wherewith the said association, upon due 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 upon Sabbath 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 hath been too great a neglect of a due exccution 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 those 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 time strictly observe the following directions:

To a due execution of the law of this colony, entitled "An act for educating of children," in all and every the 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 forthwith to procure one Bible at least for the use and benefit of said family; and if the same be neglected, then the 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 suitable numbers of orthodox catechisms 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 ecclesiastical affairs."

3. The first paragraph of the law entitled "An 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 unseasonable meetings of young people in the evenings after the Sabbath days and at other times. And to the 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 the same penalties in the
said law, as well to tavern keepers, as to others so convening.

11. And that the several constables in the respective towns shall strictly observe and duly execute the several paragraphs of the law entitled "An act relating to constables," by making 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 are tipplers and tavern haunters.

12. That the constables and grand jurymen in their respective precincts shall take due care that the Lord's Day be sanctified according to the law, by inquiring after and making presentment of all such who shall profane the said day.

And it is further enacted by the authority aforesaid, That this act, together with a proclamation enforcing it, be forthwith 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

And the following in October, 1742:

AN ACT relating to and for the better regulating schools of learning. Whereas by sundry acts and laws of this assembly they have founded, erected, endowed, and provided for the maintenance of a college at New Haven, and inferior schools of learning in every town or parish for the education and instruction of the youth of this colony, which have (by the blessing of God) been very serviceable to promote useful learning and Christian knowledge, and more especially to train up a learned orthodox ministry for the supply of our churches, and inasmuch as the wellordering of such public schools is of great importance to the public weal, this assembly, by one act entitled "An act for the encouragement and better improvement of town schools," did order and provide that the civil authority and selectmen in every town should be visitors to inspect the state of such schools, and to inquire into the qualifications of the masters of them, and the proficiency of the children, to give such directions as they shall think needful to render such schools more scrviceable to increase that knowledge, civility, and religion which is designed in the erecting of them. And in case those visitors shall apprehend that any such schools are so ordered as not to be likely to attain those good ends proposed, they shall lay the state thereof before this assembly, who shall give such orders thereupon as they shall think proper, as by the said act may more fully appear; and whereas the erecting of any other schools which are not under the establishment and inspection aforesaid may tend to train up youth in ill principles and practices, and introduce such disorders as may be of fatal consequences to the public peace and weal of this colony; which to prevent,

Be it enacted, That no particular persons whatsoever shall presume of themselves to erect, establish, set up, keep, or maintain any college, seminary of learning, or any public school whatsoever, for the instruction of young persons, other than such as are erected and established, or allowed by the laws of this colony, without special license or liberty first had and obtained of this assembly. And be it enacted by the authority aforesaid, That if any person shall presume to act as master, tutor, teacher, or instructor in any unlawful school or seminary of learning, erected as aforesaid, he shall suffer the penalty of £5, lawful money, per month, for every month he shall continue to act as aforesaid, and every grand jury within any county where such school or seminary of learning is crected shall make presentment of all breaches of this act to the next assistant justice of the peace or county court. And be it further enacted, &c., That the civil authority and selectmen in each town, or the major part of them, shall inspect and visit all such unlawful schools or seminaries of learning erected as aforesaid, and shall proceed with all such scholars, students, or residents in such school, and all such as harbor, board, or entertain them, according to the laws of this colony respecting transient persons or inmates residing in any town without the approbation of the selectmen. And be it further enacted, &c., That if any student or resident in such school shall pretend that he is bound as by indenture an apprentice to learn any manual art or trade, and the said civil authority or selectmen shall suspect that such indenture was given only as a color to reside in said town contrary to law, that then it shall be in the power of the said civil authority or selectmen to examine all such parties to such indenture under oath, in all such questions which they shall think proper, relating to the true intention of such indenture and their practice thereon; and if it shall appear to the said authority or selectmen, or the major part of them, that such indenture was given upon a fraudulent design, as aforesaid, that then such authority shall proceed as if no such indenture had been made. And be it further enacted, &c., That no person that has not been educated or graduated in Yale College, or Harvard College in Cambridge, or some other allowed foreign Protestant college or university, shall take the benefit of the laws of this government respecting the settlement and support of ministers. Always provided, That nothing in this act be construed to forbid or prevent any society, allowed by law in this colony, to keep a school, by a major

vote in such society, to order more parish schools than one to be kept therein, and appoint the school or schools to be kept in more places than one in such society. This act to continue in force for four years.

The Revised Statutes of 1750 contained an act relative to schools which Dr. Barnard thus summarizes:

1. Every town where there is but 1 ecclesiastical society, and having 70 householders and upward, and every ecclesiastical society having that number of families, shall maintain at least 1 good school for eleven months in the year, by a master sufficiently and suitably qualified.

2. Every town and society with less than 70 families shall maintain a school and schoolmaster for one-half of each year.

3. Every head county town shall maintain a grammar school, to be steadily kept by "some discreet person of good conversation, well skilled in and acquainted with the learned languages, especially Greek and Latin."

4. In the encouragement and maintenance of these schools the treasurer of the colony shall deliver annually the sum of 40s. upon every £1,000 in the lists of each town, or the same shall be paid into the treasury to the school committee of the town or parish, or for want of such committee to the selectmen, to be by them applied for the benefit of schools in the said town or parish; provided the schools have been kept for the year previous according to law.

5. The local school funds created out of the avails of the sale of the 7 western townships, according to the act of 1733, and distributed among the several towns and societies, are to remain a perpetual fund for the support of schools, and for any application of the interest to other purposes the principal was to be paid back into the treasury of the colony, and the town was to lose the benefit thereof afterwards.

6. In the case of any deficiency in the means of supporting a school according to law, derived from the general tax or local funds, the sum required shall be made up, one-half by a tax on the property of the town or society, and the other half by a tuition or rate bill, to be paid by the parents or guardians of the children at school, unless the town or society agree on some other mode.

7. The majority of the legal voters of every town and society are clothed with full power to lay taxes and make all lawful agreements for the support and management of the school.

8. The civil authority and selectmen are constituted inspectors or visitors, and directed to visit and inspect all schools established under this act at least once a quarter, and inquire particularly into the qualifications of the masters, the proficiency of the pupils, and give such directions as they judge needful to render such schools most serviceable for the increase of knowledge, religion, and good manners. They were also instructed to report to the general assembly any disorders or misapplication of public moneys.

9. The selectmen of each town, when there was but one ecclesiastical society, and a committee for each society when there were more than

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