THE ANATOMY OF AN OLD .ANECDOTE. 373 



most curious features of our anecdote. For, even when ancient so- 

 cieties sought to discoui-age contracts made in contravention of law, 

 morals, or public policy, it was their practice not to deny their validity 

 but to rely for their suppression upon penalties denounced against par- 

 ties who should euter into them. This indirect method of reform was 

 eminently characteristic of such societies, and the evidences are abun- 

 dant of its application to all branches of the law. 



The conservatism of such communities was so controlling that, 

 when, through changed social conditions, a modification of existing 

 law became unavoidable, the tendency was, while adhering nominally 

 to the old law, to inflict penalties upon or in some way obstruct those 

 who attempted to assert rights under it ; an expedient whereby the 

 effects of amendment might be obtained without a confessed abandon- 

 ment of ancient principles. The proverbial unchangeability of the 

 laws of the Medes and Persians represents only in aggravated form 

 the extreme aversion to change almost universal in early societies ; and 

 the effectual manner in which the unchangeable proclamation of King 

 xhasuerus for the extermination of the Jews was annulled by his sub- 

 sequent decree, declaring it lawful for them to defend themselves, is 

 not a bad example of the tortuous method of reform which we are 

 now considering. Another example equally in point is afforded by the 

 history of the doctrine of jurisdiction. In Europe certainly, and 

 probably elsewhere, the jurisdiction of courts was oi'iginally volun- 

 tary. They tried causes only in the presence and with the consent of 

 both of the litigating parties. It would have been regarded as an un- 

 warrantable encroachment upon the liberty of the citizen for a court 

 to entertain a controversy at the solicitation of the complainant only, 

 and without the express consent of the defendant. This theory of ju- 

 risdiction disappeared in the different nations of Northern Europe at 

 an early or late day in proportion to the strong or weak influence of 

 the Roman law, and remained unshaken in England until within a 

 century. At a very early day the principle was perceived to be incon- 

 sistent with the maintenance of social order. But, instead of renouncing 

 it in favor of the rule since adopted, that the service of citation upon 

 the defendant shall confer jurisdiction whether he consent or not, the 

 old doctrine was rigidly maintained, and outlawry, forfeitures, and 

 attachments were resorted to, to compel the defendant to signify his 

 indispensable consent. If, in spite of these severe measures, the juris- 

 diction was still resisted, the court remained powerless to proceed. 



The historical as well as the dramatic interest of our story culmi- 

 nates in the celebrated quibble through which the judge, after dispel- 

 ling the forlorn hopes and realizing the worst fears of the debtor by 

 sustaining the validity of the bond, suddenly puts an entirely new and 

 happy face on the transaction. He says : 



"... Tarry a little ; there is something else. 

 This bond doth give thee here no jot of blood ; 



