There were many other whimsical and extravagant things contained in this
private note-book, so much so, that it was evident no man in his senses
could ever have intended to make them part of his bargain with Jack. But
the matter was put beyond a doubt by the usher producing the original
draft of the indenture, on which some of these crotchets, including this
fancy about the right of the schoolboys to reject the usher if they did
not like him, had been _interlined_ in Jack's hand: but all of which the
Squire, on revising the deed, had scored out with his own pen, adding in
the margin, opposite to the very passage, the words, in italics--"_See
him damned first.--J.B._" And as it could not be disputed that Jack and
the Squire ultimately subscribed the deed, omitting all this
nonsense--the Justices had no hesitation in holding, that Jack's private
memorandum-book, even if he had always carried it in his breeches
pocket, and quoted it on all occasions, instead of leaving it--as it was
plain he had done--for many a long year, in some forgotten corner of his
trunk or lumber-room, could no more affect the construction of the
indenture between himself and Squire, or afford him any defence against
performance of his part of that indenture, than if he had founded on the
statutes of Prester John, on the laws of Hum-Bug, Fee-Faw-Fum, or any
other Emperor of China for the time being. And so, after hearing very
deliberately all that the attorney for Jack had to say to the contrary,
they decided that Jack must forthwith proceed to examine the usher, and
give him possession, if qualified, of the schoolhouse and other
appurtenances; or else make up his mind to a thundering action of
damages if he did not.
The Justices thought that Jack, on hearing the case fairly stated, and
their opinion given against him, with a long string of cases in point,
would yield, and give the usher possession in the usual way; but no: no
sooner was the sentence written out than Jack entered an appeal to the
Quarter-sessions. There the whole matter was heard over again, at great
length, before a full bench; but after Jack and his attorney had spoken
till they were tired, the Quarter-sessions, without a moment's
hesitation, confirmed the sentence of the Justices, with costs.
Public-domain text, read in full here on John Shaqi.
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