Questions for Debate.

Resolved, That it is unfair to tax a bachelor to support a school.

Resolved, That the town system is better than the district system.

CHAPTER II.

PRIMITIVE MODES OF ADMINISTERING JUSTICE.

Trial by Ordeal.—­Boys settle some matters about which they cannot agree by “tossing up a penny,” or by “drawing cuts.”  In a game of ball they determine “first innings” by “tossing the bat.”  Differences in a game of marbles, they settle by guessing “odd or even,” or by “trying it over to prove it.”  In all these modes of adjustment there is an appeal to chance. Probably behind these practices is the feeling that the boy who ought to win will somehow guess right.  This appealing to chance to settle questions of fact is characteristic of society in its primitive state.  Modes of establishing justice similar in principle to these boy practices prevail to this day among superstitious peoples.  They have prevailed even in Europe, not only among people of low mental power, but also among the cultured Greeks.  Among our own Saxon ancestors the following modes of trial are known to have been used:  A person accused of crime was required to walk blindfolded and barefoot over a piece of ground on which hot ploughshares lay at unequal distances, or to plunge his arm into hot water.  If in either case he escaped unhurt he was declared innocent.  This was called Trial by Ordeal.  The theory was that Providence would protect the innocent.

Trial by Battle.—­Sometimes boys settle their disputes by fighting.  This, too, was one of the modes of adjudication prevalent in early times among men.  Trial by Battle was introduced into England by the Normans.  “It was the last and most solemn resort to try titles to real estate.” [Footnote:  Dole’s Talks about Law, p. 53.] The duel remained until recently, and indeed yet remains in some countries, as a reminder of that time.  And disputes between countries are even now, almost without exception, settled by an appeal to arms.  Perhaps the thought is that “he is thrice armed that hath his quarrel just.”  Sometimes when one of the boys is too small to fight for his rights, another boy will take his part and fight in his stead.  Similarly, in the Trial by Battle, the parties could fight personally or by “champion.”  Interesting accounts of this mode of trial are given by Green and Blackstone, and in Scott’s “Talisman.”

Arbitration.—­Two boys who have a difference may “leave it to” some other boy in whom they both have confidence.  And men did and do settle disputes in a similar way.  They call it settlement by Arbitration.

A boy would hardly refer a matter for decision to his little brother.  Why?