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ne homogeneous centralized tyranny takes the place of the manifold Freedom of the people. So the trial by jury faded out of all the South-Teutonic people, and even from many regions of the German and Scandinavian North. But the Anglo-Saxon, mixing his blood with Danes and Normans, his fierce kinsfolk of the same family, has kept and improved this ancient institution. When King or Parliament made wicked laws, or appointed corrupt and cruel men for judges, the People have held this old ancestral shield between the tyrant and his victim. Often cloven through or thrust aside, the Saxon Briton never abandons this. The Puritan swam the Atlantic with this on his arm--and now all the Anglo-Saxon tribe reverences this defence as the Romans their twelve AONCILIA [Transcriber's Note: for 'AONCILIA' read 'ANCILIA'; see Errata], the mythic shield which "fell from Heaven."[113] [Footnote 113: In this brief sketch I do not refer to the authorities, but see, who will, the classic passages and proof-texts in the well-known works of Grimm, Rogge, Biener, Michelsen, Moeser, Phillips, Eichhorn, Maurer, and others.] * * * * * After so much historic matter, Gentlemen, it is now easy to see what is-- THE FUNCTION OF THE JURY AT THIS TIME. Here I make three points. I. They are to decide the QUESTION OF FACT, the matter charged, and determine whether the accused did the deed alleged to be done. That is the first step--to determine the Fact. II. They are to decide the QUESTION OF LAW, the statute or custom supposed to apply to the Deed done, and determine whether there is such a statute or custom, and whether it denounces such a Deed as a Crime assigning thereto a punishment. That is the second step--to determine the Law. III. They are to decide the QUESTION OF THE APPLICATION OF THE LAW TO THE FACT, and to determine whether that special statute shall be applied to the particular person who did the deed charged against him. That is the third step--to determine the Application of the Law. Gentlemen, I shall speak a few words on each of these points, treating the matter in the most general way. By and by I shall apply these general doctrines to this special case. I. The jury is to DECIDE THE QUESTION OF FACT; to answer, Did the accused do the deed alleged, at the time and place alleged, with the alleged purpose and producing the alleged result? The answer will be controlled by the Evidence of swo
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