"2dly. Because, from private opinions of the Judges, upon private
statements, which the parties have neither heard nor seen, grounds of a
decision will be obtained which must inevitably affect the cause at
issue at our bar; this mode of proceeding seems to be a violation of the
first principle of justice, inasmuch as we thereby force and confine the
opinions of the Judges to our private statement; and through the medium
of our subsequent decision we transfer the effect of those opinions to
the parties, who have been deprived of the right and advantage of being
heard by such, private, though unintended, transmutation of the point at
issue.
"3dly. Because the prisoners who may hereafter have the misfortune to
stand at our bar will be deprived of that consolation which the Lord
High Steward Nottingham conveyed to the prisoner, Lord Cornwallis, viz.,
'That the Lords have that tender regard of a prisoner at the bar, that
they will not suffer a case to be put in his absence, lest it should
prejudice him by being wrong stated.'
"4thly. Because unusual mystery and secrecy in our judicial proceedings
must tend either to discredit the acquittal of the prisoner, or render
the justice of his condemnation doubtful.
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