2. The Judge sums up, and charges the Jury. He explains their oath; to try the issue _according to the law_ does not mean (a) according to the whole complex which is called "_Law_," or "_The Law_," but according only to that particular statute which forbids the deed charged,--for otherwise the Jury must judge of the Purpose of Law, which is Justice, and inquire into the rightfulness of the deed and of the statute which forbids it. Nor does it mean (b) by the Jurors' notion of that statute, but only by the Judge's opinion thereof. He tells them--if they proceed to inquire into the natural Justice of the deed, or into the law which forbids it, then they transcend their office, and are guilty of "Perjury," and reads them the statute for the punishment of that offence, and refers to examples--from the times of the Stuarts, though he does not mention that--when Jurors were fined and otherwise severely dealt with for daring to resist a judge. Then out of the facts testified to by the government witnesses, he selects some one which is best supported, of which there is no doubt. He then declares that the question of "Guilty or not guilty" turns on that point. If the accused did that deed--then he is Guilty. So the moral question, "Has the man done a wrong thing?" is taken from their consideration; the intellectual question, "Has he done a deed which amounts to the crime forbidden?" is not before them; only the mechanical question, "Did he do that particular act?" They are not to inquire as to the Justice of the law, its Constitutionality, or its Legality; nor the Justice or the Criminality of the deed--only of its Actuality, Did he do this deed? Nay, sometimes the Judge treats them as cattle, and orders them to _find the facts for the government_. If they refuse, he threatens them with punishment. Thus he constructs the Trial-Jury, the Law, the Evidence, the Crime, and the Fact. * * * * * Now, Gentlemen, when this is done and done thoroughly, the Judge has kept all the Forms, Presentment by the Grand-Jury, and Trial by a Petty Jury; but the substance is all gone; the Jury is only a stalking horse, and behind it creeps the Judicial servant of Tyranny, armed with the blunderbuss of law,--made and loaded by himself,--and delivers his shot in the name of law, but against Justice, that purpose of all law. Thus can tyranny be established--while all the forms of law are kept.[119] [Footnote 119: See 1 Jardine, Criminal Trials, 110. 2 Parker's Sermons, 266 and note.]