urisprudence of the
school. We shall detail a case which lately occurred, not because it
is the most interesting which could have been selected, but because
there will be nothing in its publication to hurt the feelings of any
person engaged in the transaction.
It would be vain to attempt any concealment of the fact that our
pupils, like all boys in the full tide of health and spirits, do not
always see the folly of an appeal to the _ultimo ratio regum_ in so
strong a light as that in which it _sometimes_ appears to older eyes;
and resort is now and then had to trial by combat, in preference to
trial by jury. The candid and experienced teacher, who knows the
difficulty and the danger of too rigorously suppressing natural
impulses, will not censure us for endeavouring to regulate this
custom, than to destroy it altogether. In the hope of lessening the
number of those _fracas_ (never very large), a law was proposed, which
the committee adopted, to render it penal for any person, except the
Magistrate and the Constables, to be present at a battle. Six hours'
notice must be given by both parties, and a tax paid in advance.
During the interval, it is the duty of the Magistrate to attempt a
reconciliation. These regulations were intended to give opportunity
for the passions to cool, and to check the inclination for display
which is often the sole cause of the disturbance.
We consider the effect on the minds of the spectators as the worst
part of the transaction. There is something dreadfully brutalising in
the shouts of incitement and triumph which generally accompany a feat
of pugilism. Neither boys nor men ought ever to witness pain without
sympathy. It is almost needless to say, that, with us, fighting is
anything rather than a source of festivity and amusement.
To return to our story.--A day-scholar, whose father's grounds adjoin
ours, was discovered by the Magistrate to have witnessed a battle from
a tree which he had climbed for that purpose. The Magistrate fined
him. He appealed, and the question of his liability was argued at some
length before the Committee.
The ground which the appellant took was, that no day-scholar could be
amenable to the laws of the school, except during the hours of
business, or while on the premises of the school, and that the alleged
offence was committed out of school hours, and on his father's land.
Public opinion ran in his favour. The plea that he was on his father's
land seemed
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