These decisions belong to the same category as that rendered by Solomon in the case of the two women, who both claimed the same child,—a judgment which has gone upon record in the Bible (1 Kings, iii. 16-28),—and a multitude of similar interpretations of justice found all over the world (191. 290).
Mr. Newell, speaking of children's games in which judicial procedures are imitated, but from whose decisions no serious results ever come, observes (313. 123):—
"In the ancient world, however, where the courts were a place of resort, and law was not a specialized profession, the case was different. Maximus of Tyre tells us that the children had their laws and tribunals; condemnation extended to the forfeiture of toys. Cato the younger, according to Plutarch, had his detestation of tyranny first awakened by the punishment inflicted on a playmate by such a tribunal. One of the younger boys had been sentenced to imprisonment; the doom was duly carried into effect; but Cato, moved by his cries, rescued him."
Children's Ideas of Right.
Mr. Brown, of the formal School at Worcester, Massachusetts, has given us an excellent collection of Thoughts and Reasonings of Children (194), and Signora Paola Lombroso, in her interesting and valuable Essays on Child-Psychology, has also contributed to the same subject (301. 45-72). A very recent study is that of Children's Rights, by Margaret E. Schallenberger (341), of Leland Stanford, Jr. University, California. The last author has charted the opinions of a large number—some three thousand papers were collected—of boys and girls from six to sixteen years of age, upon the following case, the story being employed as specially appealing to children (341. 89):—
"Jennie had a beautiful new box of paints; and, in the afternoon, while her mother was gone, she painted all the chairs in the parlour, so as to make them look nice for her mother. When her mother came home, Jennie ran to meet her, and said, 'Oh mamma! come and see how pretty I have made the new parlour'; but her mamma took her paints away and sent her to bed. If you had been her mother, what would you have done or said to Jennie?"
From this extensive and most ingenious investigation, the following results are thought to have been obtained: "Young children are less merciful than older ones. When they appear cruel and resentful, we know that they are exercising what they honestly consider the right of revenge. Boys are less merciful than girls. Young children judge of actions by their results, older ones look at the motives which prompt them. If a young child disobeys a command and no bad result follows, he doesn't see that he has done wrong. Punishments which, have in them the idea of restitution are common to all ages. Girls consider the why more than boys; they explain to Jennie oftener than boys do. Threats and forced promises do not impress children" (341. 96).
Jurisprudence of Child's Play.
Pitré, the great Italian folklorist, has made a special study, though a very brief one, of the judgments rendered by children in games and plays,—the jurisprudence of child's play (323). His essay, which is devoted to the island of Sicily, touches upon a field which is likely to yield a rich harvest all over the world. The rules of the game; who shall play and who shall not; what is "out," "taw," "in"; when is one "it," "caught," "out"; what can one "bar," and what "choose,"—all these are matters which require the decisions of the youthful judiciary, and call for the frequent exercise of judgment, and the sense of justice and equity. Of the "Boy Code of Honour" some notice is taken by Gregor (246. 21-24). Mr. Newell thus describes the game of "Judge and Jury," as played at Cambridge, Massachusetts (312.123): "A child is chosen to be judge, two others for jurors (or, to speak with our little informant, juries), who sit at his right and left hand. Each child must ask the permission of the judge before taking any step. A platter is brought in, and a child, rising, asks the judge, 'May I go into the middle of the room?' 'May I turn the platter?' 'On which side shall it fall?' If the platter falls on the wrong side, forfeit must be paid." In Germany and Switzerland there is a game of the trial of a thief. In the former country: "There is a king, a judge, an executioner, an accuser, and a thief. The parts are assigned by drawing lots, but the accuser does not know the name of the thief, and, if he makes an error, has to undergo the penalty in his stead. The judge finally addresses the king, inquiring if his majesty approves of his decision; and the king replies, 'Yes, your sentence entitles you to my favour'; or, 'No, your sentence entitles you to so many blows.' Thus we see how modern child's play respects the dignity of the king as the fountain of law." In the Swiss version, as Mr. Newell remarks, "the memory of the severity of ancient criminal law is preserved," for "the thief flies, and is chased over stock and stone until caught, when he is made to kneel down, his cap pushed over his brows, and his head immediately struck off with the edge of a board" (313.124).
Boy-Moots.