arred from the benefit of such
confutations, unless he purchases the book, however useless, that gave
occasion to the answer?
29. Having thus endeavoured to prove the legality of abridgments from
custom from reason, it remains only that we show, that we have not
printed the complainant's copy, but abridged it[1].
30. This will need no proof, since it will appear, upon comparing the
two books, that we have reduced thirty-seven pages to thirteen of the
same print.
31. Our design is, to give our readers a short view of the present
controversy; and we require, that one of these two positions be proved,
either that we have no right to exhibit such a view, or that we can
exhibit it, without epitomising the writers of each party.
[1] A fair and bona fide abridgment of any book is considered a new
work; and however it may injure the sale of the original, yet it is not
deemed, in law, to be a piracy, or violation of the author's copyright.
1 Bro. 451. 2. Atk. 141. and Mr. Christian's note on the Commentaries,
ii. 407.--Ed.
ON SCHOOL CHASTISEMENT.
[The following argument, on school chastisement, was dictated to Mr.
Boswell, who was counsel in the case. It originated in 1772, when a
schoolmaster at Campbelltown was deprived, by a court of inferior
jurisdiction, of his office, for alleged cruelty to his scholars. The
court of session restored him. The parents or friends, whose weak
indulgence had listened to their children's complaints in the first
stage, now appealed to the house of lords, who reversed the decree of
the court of session, and the schoolmaster was, accordingly, deprived of
his situation, April 14, 1772.--Boswell, ii.]
The charge is, that this schoolmaster has used immoderate and cruel
correction. Correction, in itself, is not cruel; children, being not
reasonable, can be governed only by fear. To impress this fear is,
therefore, one of the first duties of those who have the care of
children. It is the duty of a parent; and has never been thought
inconsistent with parental tenderness. It is the duty of a master, who
is in his highest exaltation, when he is "loco parentis[1]." Yet, as
good things become evil by excess, correction, by being immoderate, may
become cruel. But, when is correction immoderate? When it is more
frequent or more severe than is required, "ad monendum et docendum," for
reformation and instruction. No severity is cruel which obstinacy makes
necessary; for the greatest cruelty
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