case swain against rogers in the exchequer Chamber in trespass for a battery  if before judgement the force be pardon there shall be no to take in hand but  the pardon must be plead post cro James lev foster dyer a Plowd Mod hawk p c  if a verdict find absolute damage on a plea to which there be a demurrer and  conditional damage to which there be a issue it be erroneous post burr dougl  term Rep trespass for battery in the king bench and judgement for the  plaintiff error in the exchequer Chamber be assign for that the judgement be  to take in hand whereas the battery be before the general pardon so as the  fine be pardon and the judgement ought not to have be a to take in hand a for  the court be to take notice of the pardon and give judgement for the party but  not any fine say non allocatur for the court need not to take conusance  thereof without demand of the party and it do not appear whether the party be  any of the person except or one who be to have benefit of the pardon afterward  it be show that the declaration be of assault battery and imprisonment and the  defendant as to the battery plead a justification whereupon the plaintiff  demurrer and as to the imprisonment he plead another justification whereupon  the plaintiff take issue de in an unjust manner svan not common with others c  and issue join and at the trial the jury find as to the plea for the battery  that the defendant do it de in an unjust manner svan not common with others  and assess damage five pound and cost forty shilling whereas they ought not to  have meddle therewith because a demurrer be thereupon but only have find  conditional damage if it shall be adjudge for the plaintiff and for the  imprisonment they do not find the issue but assess conditional damage twenty  shilling so they find croak car mere cross to what they ought and the  judgement upon this verdict for the five pound cost and the forty shilling  find by the jury nullo condition looking back of the twenty shilling be mere  erroneous wherefore although it be pray that it may be amend it appear to be  the misprision of the clerk who enter the judgement yet non allocatur but the  judgement be reverse