Let me speak of the Function of the Jury. To do that, I must say a few words of its Historical Development. I must make it very brief and sketchy. Here I shall point out six several steps in the successive development of popular Law-making and Law-applying. * * * * * 1. In the barbarous periods of the Teutonic Family,[112] it seems the "whole People" came together at certain regular seasons to transact the business of the nation. There was also a meeting of the inhabitants of each district or neighborhood at stated times,--a "regular meeting;" and sometimes a special meeting to provide for some emergency--a "called meeting." If one man had wronged another the matter was inquired into at those popular meetings. One man presided--chosen for the occasion. In the early age it appears he was a priest, afterwards a noble, or some distinguished man, selected on the spot. The whole people investigated the matter, made the law--often an _ex post facto_ law,--applied it to the special case, and on the spot administered the punishment--if corporeal, or decreed the recompense--if pecuniary. The majority carried the day. Thus at first the Body of People present on the occasion were the law-makers, the law-appliers, and law-executors. Each law was special--designed for the particular case in hand, retrospective for vengeance more than prospective for future welfare. [Footnote 112: By this term I mean all the nations with language akin to the German.] 2. Then in process of time, there came to be a body of laws--fixed and understood by the People. Partly, these came from the customs of the People, and represented past life already lived; but partly, also, from the decrees of the recognized authorities--theocratic, monarchic, aristocratic, democratic--representing the desire for a better life, a rule of conduct for the future. Then at their meetings, to punish an offender the people did not always make a new law, they simply used what they found already made. They inquired into the fact, the deed done, the law, and applied the general law to the special fact, made their decree and executed it. Thus extemporaneous Making of law for the particular case, gradually passed away, and was succeeded by the extemporaneous Declaration of the law previously made, and its Application to the matter in hand.