dicial proceedings, given in the reigns of Charles II. and
James II., were not likely to be abandoned after the Revolution. The
first trial of a peer which we find after the Revolution was that of the
Earl of Warwick.

In the case of the Earl of Warwick, 11 Will. III., a question in law
upon evidence was put to the Judges; the statement of the question was
made in open court by the Lord High Steward, Lord Somers:--"If there be
six in company, and one of them is killed, the other five are afterwards
indicted, and three are tried and found guilty of manslaughter, and upon
their prayers have their clergy allowed, and the burning in the hand is
respited, but not pardoned,--whether any of the three can be a witness
on the trial of the other two?"

Lord Halifax.--"I suppose your Lordships will have the opinion of the
Judges upon this point: _and that must be in the presence of the
prisoner_."

Lord High Steward (Lord Somers).--"_It must certainly be in the presence
of the prisoner_, if you ask the Judges' opinions."[20]

In the same year, Lord Mohun was brought to trial upon an indictment for
murder. In this single trial a greater number of questions was put to
the Judges in matter of law than probably was ever referred to the
Judges in all the collective body of trials, before or since that
period. That trial, therefore, furnishes the largest body of authentic
precedents in this point to be found in the records of Parliament. The
number of questions put to the Judges in this trial was twenty-three.
They all originated from the Peers themselves; yet the Court called upon
the party's counsel, as often as questions were proposed to be referred
to the Judges, as well as on the counsel for the Crown, to argue every
one of them _before_ they went to those learned persons. Many of the
questions accordingly were argued at the bar at great length. The
opinions were given and argued _in open court_. Peers frequently
insisted that the Judges should give their opinions _seriatim_, which
they did always publicly in the court, with great gravity and dignity,
and greatly to the illustration of the law, as they held and acted upon
it in their own courts.[21]

In Sacheverell's case (just cited for another purpose) the Earl of
Nottingham demanded whether he might not propose a question of law to
the Judges _in open court_. It was agreed to; and the Judges gave their
answer _in open court_, though this was after verdict given: and in
con