be truly put_. It hath _sometimes_ been practised otherwise,
and the Peers have sent for the Judges, and have asked their opinion in
private, and have come back, and have given their verdict according to
that opinion; and there is scarcely a precedent of its being otherwise
done. There is a later authority in print that doth settle the point so
as I tell you, and I do conceive _it ought to be followed_; and it
being safer for the prisoner, my humble opinion to your Lordship is,
that he ought to be present at _the stating of the question_. Call the
_prisoner_." The prisoner, who had withdrawn, again appearing, he
said,--"My Lord Cornwallis, my Lords the Peers, since they have
withdrawn, have conceived a doubt in some matter [of law arising upon
the matter] of fact in your case; and they have that tender regard of a
prisoner at the bar, _that they will not suffer a case to be put up in
his absence_, lest it should chance to prejudice him by being _wrong
stated_." Accordingly the question was both put and the Judges' answer
given publicly and in his presence.

Very soon after the trial of Lord Cornwallis, the impeachment against
Lord Stafford was brought to a hearing,--that is, in the 32d of Charles
II. In that case the lord at the bar having stated a point of law,
"touching the necessity of two witnesses to an overt act in case of
treason," the Lord High Steward told Lord Stafford, that "all the Judges
that assist them, _and are here in your Lordship's presence and
hearing_, should deliver their opinions whether it be doubtful and
disputable or not." Accordingly the Judges delivered their opinion, and
each argued it (though they were all agreed) _seriatim_ and _in open
court_. Another abstract point of law was also proposed from the bar, on
the same trial, concerning the legal sentence in high treason; and in
the same manner the Judges on reference delivered their opinion _in open
court_; and no objection, was taken to it as anything new or
irregular.[19]

In the 1st of James II. came on a remarkable trial of a peer,--the trial
of Lord Delamere. On that occasion a question of law was stated. There
also, in conformity to the precedents and principles given on the trial
of Lord Cornwallis, and the precedent in the impeachment of Lord
Stafford, the then Lord High Steward took care that the opinion of the
Judges should be given in open court.

Precedents grounded on principles so favorable to the fairness and
equity of ju