case Swinstead against lydall Trinity term will roll a plea in justification  to false imprisonment for detain the plaintiff until he pay eleven shilling be  good although it do not go to the whole sum S c salk S c salk S c skin a  action of trespass and false imprisonment be bring for detain the plaintiff in  custody until he have pay eleven shilling for his deliverance the defendant  plead the jurisdiction of the court of conscience in London that they have  power to make order and exact obedience to they that a order be make by that  court for the plaintiff to pay ten shilling and fourpence c which he not  perform the defendant take he by virtue of a precept of that court and so  justify the imprisonment and detain he till he have pay that sum to this plea  the plaintiff demurrer because the justification do not go to the whole sum of  eleven shilling but only to ten shilling and fourpence to which it be answer  that the sum be no part of the trepass but only a aggravation of the damage  that the imprisonment be justify which in this case be sufficient so that the  defendant can not be punish for false imprisonment though he may for extortion  but that must be by another action modern as for instance in a action of  assault and battery eveley v Stoley roll Rep a and false imprisonment at  Charlton till he have pay twentyeight pound the defendant plead not guilty as  to all except the imprisonment and as to that he justify by a process out of  the court of stannary by virtue whereof he take the plaintiff and detain he  till he pay the money and upon demurrer to this plea one exception be that the  defendant have plead not guilty as to all except the imprisonment he must of  consequence be guilty as to the take the twentyeight pound and then the  justification of the modern er p imprisonment till he have pay the twentyeight  pound be repugnant in itself so that he ought to have make a particular answer  to the payment of the twentyeight pound but the court be of another opinion  because have answer the imprisonment that shall be a good answer likewise to  the payment of the money for that take in the whole substance of the action so  that this plea be good though it do not come up to the whole sum for if he  have say nothing to it yet his plea have be good another exception be that the  defendant do not set forth that he take the plaintiff to carry he to the  compter the answer be that it be sufficient to say that he take he army  teaching it be true by law the defendant ought to have carry he to prison but  he may keep he a reasonable time in his custody till he can find bail and it  be not false imprisonment though he do not immediate carry the prisoner to  gaol but see the Geo c a curian this be a special authority give by Act of  parliament to this court of conscience to commit c James c b but the officer  be not to detain the person in custody till the money be pay to he for neither  he nor the sheriff shall receive it unless it be upon a become facias and  afterward in Hilary term for this reason judgement be give for the plaintiff