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He shall come into school by 7 o'clock to perform his duty of teaching thoroughly. He too every other day shall make some English sentence into Latin and teach the flock committed to him to change it into many forms. Moreover let him understand that he has charge of the whole school.

So every week he ought to visit the whole flock, once, twice, or three times, and diligently test the abilities of the scholars and ascertain their progress in learning. If he shall prove any of them, after testing them in every way, to be slow and wholly strangers to the Muses, he shall faithfully warn their friends not to let them, being wholly unfit for letters, waste their time in vain and fill the places of others. But those he shall find to be fit and industrious he shall, at least three times a year, call up to the higher forms, namely from the first to the second, from the second to the third, and so on as each shall be thought fit. This shall be done in the presence of and after consultation with the Under Master in the case of those who are entrusted to his care.

Moreover at 6 P.M. the scholars shall return to school, and until 7 P.M. shall do their repetition and render to their fellow-pupils who have become ripe in learning, several masters also being present, whatever they have learnt through the day.

When leave to play is given they shall play and sport together, lest, wandering about here and there, they incur some loss of character, and wanting to do other things their minds gradually become estranged from learning. And they shall not practice any games which are not of a gentlemanly appearance and free of all lowness.

Lastly, whatever they are doing in earnest or in play they shall never use any language but Latin or Greek.

173. Origin of the English Poor Law of 1601

(Nicholls, Sir George, History of the English Poor Law, vol. 1, pp. 192–93.
London, 1860)

The following selection, by the author of the standard history of English Poor-Law legislation, is of interest as revealing the gradual development of the idea of compulsory taxation for the care and education of the poor. On this precedent our early American educational legislation was based.

The 43 Elizabeth was not, we have seen, the result of a sudden thought or a single effort, but was gradually framed upon the sure ground of experience; and it is curious to trace the successive steps by which its chief enactment, that of a compulsory assessment for the relief of the poor, came at length to be established. First, the poor were restricted from begging, except within certain specified limits. Next, the several towns, parishes, and hamlets were required to support their poor by charitable alms, so that none of necessity might be

compelled "to go openly in begging," and collections were to be made for them on Sundays, and the parson was to stir up the people to be bountiful in giving. Then houses and materials for setting the poor on work were to be provided by the charitable devotion of good people, and the minister was every Sunday specially to exhort the parishioners to contribute liberally. Next the collectors for the poor, on a certain Sunday after divine service, were to set down in writing what each householder was willing to give weekly for the ensuing year; and if any should be obstinate and refuse to give, the minister was gently to exhort him, and, if he still refused, then to report him to the bishop, who was to send for and again gently exhort him; and if still refractory, the bishop was to certify the same to the justices in sessions, and bind him over to appear there, when the justices were once more gently to move and persuade him; and if he would not be persuaded, they were then to assess him in such sum as they thought reasonable. This prepared the way for the more general assessment authorized by 14 and 39 Elizabeth, which again led to the complete and universal assessment of property established by the present Act (R. 174).

174. The English Poor-Relief and Apprenticeship Law of 1601 (43 Elizabeth, cap. II. Statutes at Large of England and Great Britain, vol. II, pp. 603-04)

This law marks the great turning point of English Poor-Law legislation, and is still the foundation of the English Poor-Law. It also contains the essential features embodied in subsequent taxation for schools. Without the usual preamble, setting forth the evils to be corrected and the good expected from it, as in the case of most other Statutes, this one plunges at once into the matter at hand. The important sections of the Act create a Board of Overseers of the Poor, give them the power of forcible taxation, empower them to apprentice certain children, and they may compel rich parishes to aid poor ones. The Act read as follows:

AN ACT FOR THE RELIEF OF THE POOR

I. Board of Overseers of the Poor created. Be it enacted by the Authority of this present Parliament, That the Churchwardens of every Parish, and Four, Three or Two substantial Householders there, as shall be thought meet, having respect to the Proportion and Greatness of the same Parish and Parishes, to be nominated yearly in the Easter Week, or within One Month after Easter, under the Hand and Seal of Two or more Justices of the Peace in the same County, whereof one to be of the Quorum, dwelling in or near the same Parish or Divi

sion where the same Parish doth lie, shall be called Overseers of the Poor of the same Parish; And they, or the greater Part of them, shall take Order from Time to Time, by and with the Consent of Two or more such Justices of Peace as is aforesaid, for setting to work the Children of all such whose Parents shall not by the said Churchwardens and Overseers, or the greater Part of them, be thought able to keep and maintain their Children; and also for setting to work all such Persons, married or unmarried, having no Means to maintain them, and use no ordinary and daily Trade of Life to get their Living by: And also to raise weekly or otherwise (by Taxation of every Inhabitant, Parson, Vicar and other, and of every Occupier of Lands, Houses, Tithes impropriate, Propriations of Tithes, Coal Mines or salable Underwoods in the said Parish, in such competent Sum and Sums of Money, as they shall think fit) a convenient Stock of Flax, Hemp, Wool, Thread, Iron and other necessary Ware and Stuff, to set the Poor on work, and also competent Sums of Money for and towards the necessary Relief of the Lame, Impotent, Old, Blind, and such other among them, being poor and not able to work, and also for the putting out of such Children to be Apprentices, to be gathered out of the same Parish, according to the Ability of the same Parish, and to do and execute all other Things, as well for the disposing of the said Stock as otherwise concerning the premises, as to them shall seem convenient.

II. Meetings and powers of Board. Which said Churchwardens and Overseers so to be nominated, or such of them as shall not be let by Sickness or other just Excuse, to be allowed by Two such justices of Peace or more as is aforesaid, shall meet together at the least once every Month in the Church of the said Parish, upon the Sunday in the Afternoon after Divine Service, there to consider of some good Course to be taken, and of some meet Order to be set down in the Premises; and shall within Four Days after the End of their Year, and after other Overseers nominated as aforesaid, make and yield up to such Two Justices of Peace as is aforesaid, a true and perfect Account of all Sums of Money by them received, or rated and sessed and not received, and also of such Stock as shall be in their Hands, or in the Hands of any of the Poor to work, and of all other Things concerning their said Office; and such Sum or Sums of Money as shall be in their Hands shall pay and deliver over to the said Churchwardens and Overseers newly nominated and appointed as aforesaid; upon Pain that every one of them absenting themselves, without lawful Cause as aforesaid, from such Monthly Meeting for the Purpose aforesaid, or being negligent in their Office, or in the Execution of the Orders aforesaid, being made by and with the Assent of the said Justices of Peace, or any Two of them before mentioned, to forfeit for every such Default or Absence or Negligence Twenty Shillings.

III. Equalizing tax-levy among parishes. And be it also enacted,

That if the said Justices of Peace do perceive that the Inhabitants of any Parish are not able to levy among themselves sufficient Sums of Money for the Purposes aforesaid, that then the said Two Justices shall and may tax, rate and assess as aforesaid any other of other Parishes, or out of any Parish, within the Hundred where the said Parish is, to pay such Sum or Sums of Money to the Churchwardens and Overseers of the said poor Parish for the said purposes, as the said Justices shall think fit, according to the Intent of this Law: And if the said Hundred shall not be thought to the said Justices able and fit to relieve the said several Parishes not able to provide for themselves as aforesaid, then the Justices of Peace at their General Quarter-Sessions, or the greater Number of them, shall rate and assess as aforesaid, any other of other Parishes, or out of any Parish, within the said County, for the Purposes aforesaid, as in their Discretion shall seem fit.

IV. Enforcing the tax-levy. And that it shall be lawful, as well for the present as subsequent Churchwardens and Overseers, or any of them, by Warrant from any Two such Justices of Peace, as is aforesaid, to levy as well the said Sums of Money, and all Arrearages, of every one that shall refuse to contribute according as they shall be assessed, by Distress and Sale of the Offender's Goods, as the Sums of Money or Stock which shall be behind upon any Account to be made as aforesaid, rendering to the Parties the Overplus; and in Defect of such Distress, it shall be lawful for any such Two Justices of the Peace to commit him or them to the Common Gaol of the County, there to remain without Bail or Mainprize until Payment of the said Sum, Arrearages and Stock; and the said Justices of Peace, or any one of them, to send to the House of Correction or Common Gaol such as shall not employ themselves to Work, being appointed thereunto as aforesaid; and also any such Two Justices of Peace to commit to the said Prison every one of the said Churchwardens and Overseers which shall refuse to account, there to remain, without Bail or Mainprize, until he have made a true account, and satisfied and paid so much as upon the said Account shall be remaining in his Hands.

V. Apprenticing of children and erecting workhouses. And be it further enacted, That it shall be lawful for the said Churchwardens and Overseers, or the greater Part of them, by the Assent of any Two Justices of the Peace aforesaid, to bind any such Children, as aforesaid, to be Apprentices, where they shall see convenient, till such Man Child shall come to the Age of Four and twenty Years, and such Woman Child to the Age of One and twenty Years, or the time of her Marriage; the same to be as effectual to all purposes, as if such Child were of full Age, and by Indenture of Covenant bound him or herself. And to the Intent that necessary Places of Habitation may more conveniently be provided for such poor impotent People; Be it enacted by the Authority aforesaid, That it shall and may be lawful for the said Churchwar

dens and Overseers, or the greater Part of them, by the Leave of the Lord or Lords of the Manor, whereof any Waste or Common within their Parish is or shall be parcel, and upon Agreement before with him or them made in Writing, under the Hands and Seals of the said Lord or Lords, or otherwise, according to any Order to be set down by the Justices of Peace of the said County at their General Quarter-Sessions, or the greater Part of them, by like leave and Agreement of the said Lord or Lords in Writing under his or their Hands and Seals, to erect, build and set up in fit and convenient Places of Habitation in such Waste or Common, at the general Charges of the Parish, or otherwise of the Hundred or County, as aforesaid, to be taxed, rated and gathered in manner before expressed, convenient Houses of Dwelling for the said impotent Poor; and also to place Inmates, or more Families than one in one Cottage or House; one Act made in the one and thirtieth of her Majesty's Reign, intituled, An Act against the erecting and maintaining of Cottages, or any Thing therein contained to the contrary notwithstanding: Which Cottages and Places for Inmates shall not at any Time after be used or employed to or for any other Habitation, but only for Impotent and Poor of the same Parish, that shall be there. placed from Time to Time by the Churchwardens and Overseers of the Poor of the same Parish, or the most Part of them, upon the Pains and Forfeitures contained in the said former Act made in the said One and thirtieth Year of her Majesty's Reign.

VI. Appeal from decisions. Provided always, That if any Person or Persons shall find themselves grieved with any Sess or Tax, or other Act done by the said Churchwardens and other Persons, or by the said Justices of Peace, that then it shall be lawful for the Justices of Peace, at their General Quarter-Sessions, or the greater Number of them, to take such Order therein, as to them shall be thought convenient; and the same to conclude and bind all the said Parties.

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