case FAWCETS case if restitution be award upon a indictment of forcible entry  and the king pardon the force the defendant can afterward proceed upon a  traverse to the indictment to obtain restitution Yelv cro car faucet be indict  upon the statute of Henry c for forcible enter into the rectory of Horncastle  and thereof disseizing the bishop of Carlisle the forcible entry be before the  time of the last pardon and he tender a traverse to the indictment and after a  venire facias award and return and a distringa with a nisi prius the pardon  come which discharge the fine for the king whereupon it be move that the trial  ought to be stay for there ought not to be any further proceed croak throw  thereupon for it be the king suit be discharge by his general pardon but it be  show to the court that the party indict be oust from his possession by colour  of this indictment it be false the writ of restitution be award upon it  wherefore he pray that he may proceed and he will relinquish any benefit of  the pardon for he have not any other mean to be restore to his possession and  it be not reason that the general pardon shall prejudice Fenner and Tanfield  be of opinion that it appear here upon record that his possession be take away  b a writ of restitution upon this indictment it be reason he shall proceed  upon the issue join before the pardon to be restore to his possession for  which otherwise he have not any remedy but William and Yelverton absent Popham  hell that there ought not to be any proceed upon this indictment the offence  be pardon by the general pardon whereof they be to take notice and the party  can proceed to have restitution when if it shall pass against he the king  shall not have the benefit of any fine William say it be so resolve in this  court upon conference with all the judge of England by express command from  the queen in a case of Lord Stafford v sir Thomas thynn and it be command to  make search for that precedent but there can not any such be find afterward be  move again Yelverton say they have confer with all the judge in SergeantsInn  in fleet street who hold with the offence be pardon there ought not to be  alley proceed to have restitution wherefore by the rule of the court it be  order to be stay