Barnardiston king b the king and some day ago when Mr marsh be in court who be  of counsel with the prosecutor Mr Lacy move that one of the judge will be  please to speak to Lord chief justice eyres who try the cause in order that  the defendant may submit to a small fine accord judge probin report that Lord  chief justice eyres inform he that it be a indictment against the defendant  for oppose the warden of the Cooper company in London in take away some brew  vessel which do not contain full measure and yet be use by the defendant in  his trade of a brewer but that the chief justice inform he likewise that it be  a old obsolete statute which the indictment be find upon namely the statute of  Henry and that it appear doubtful to he upon the trial whether the warden can  justify take the vessel away though they may burn they upon the spot and  therefore that he think the defendant deserve to have but a small fine set  upon he sergeant darnel and Mr marsh now say that the law be a very useful and  necessary one and that it do not only give the warden of the Cooper company of  the city of London this power but extend likewise to the chief officer of  every corporation in England and give they the same authority by the that sect  in the statute they say likewise that the word be express in give the warden  power to take vessel away and that this prosecution be carry on for public  example the court look upon the statute but say they do not know where they  shall end if they shall allow a judge report to be arraign and that if the  prosecutor have any exception to the judge direction upon the trial his  counsel shall have mention this when the defendant move before to have the  report of the judge upon which sergeant darnel say that he be not in court at  the time of the former motion and Mr marsh say though he be yet they have have  no notice of the motion and therefore it be not his business to say any thing  to it at that time and now without any thing far but notice that the court  will be move that the defendant shall submit to a small fine the present  matter come before the court so that the counsel say they have have no  opportunity to apply to the judge and therefore move that they may have now  leave to apply to he or at least that the defendant may be oblige to talk with  the prosecutor before he submit to a small fine and the attorney in the cause  say that he have apply to the chief justice at his chamber and that the chief  Barnardiston king b er p justice tell he he believe the court will allow the  prosecutor their cost the court say that these objection to the report shall  have be make before the report be deliver and judge probin say after that they  will never allow a judge to be attend again the court say likewise that a  defendant never talk with the prosecutor after a judge report and they will  Barnardiston king b never hear one part of the report from a judge of this  court and another from any body else accord set a fine only of S d upon the  defendant