Penal statute this term upon letter direct to the judge to have their  resolution concern the validity of a grant make by queen Elizabeth under the  great seal of the penalty and benefit of a penal statute with power to  dispense with the say statute and to make a warrent to the lord chancellor or  keeper of the great seal to make as many dispensation and to who he please and  upon great consideration and deliberation by all the judge of England it be  resolve that the say grant be utter against law and in this case these point  be resolve that when a statute be make by parliament for the good of the  commonwealth the king can give the penalty benefit and dispensation of such  Act to any subject or give power to any subject to dispense with it and to  make a warrant to the great seal for licence in such case to be make for when  a statute be make pro good public and the king as the head of the commonwealth  and the fountain of justice and mercy be trust the whole realm with it this  confidence and trust be so inseparable join and annex to the person of the  king in so high a point of sovereignty that he can transfer the same to the  disposition or power of any private person or to any private use for it be  commit to the king by all his subject for the good of the commonwealth and if  he may grant the penalty of one Act he may grant the penalty of two and so in  infinitum and such grant of a penalty be never see in our book but it be true  the king may upon any cause move he in respect of time place or person c make  a non to stand before to dispense with any particular person that he shall not  incur the penalty of the statute and therewith agree our book but the king can  commit the sword of his justice or the scale of his mercy concern any penal  statute to any subject as be aforesaid it be also resolve that the penalty of  a Act of parliament can be levy by any grant of the king but only accord to  the purpose and purview of the Act for the Act which give the penalty ought to  be follow only in the prosecution and levy thereof and great inconvenience  will thereon follow if penal law shall be transfer to subject justice thereby  shall be scandalize for when such forfeiture be grant or promise to be grant  before they be recover the same be the cause of a more violent and undue  proceed when it be public know that the forfeiture and penalty of the Act of  parliament be grant it be a great cause that the Act itself be not execute for  the judge and juror and every other be thereby discourage thereupon will  follow that no penalty shall by any Act of parliament be give to the king but  limit to such use with which the king can not dispense and hereupon diverse  who have sue to have the benefit of certain penal law be upon this resolution  deny and the certificate of all the judge of England concern such grant of  penal law and statute be in these word may it please your lordship we have as  we be require by your honourable letter of the saint of October last confer  and consider among ourselves call to we his majesty counsel learned of such  matter as be thereby refer unto we and have thereupon with one consent resolve  for law and conveniency as follow first that the prosecution and execution of  any penal statute can be grant to any for that the Act be make by the policy  and wisdom of the parliament for the general good of the whole realm and of  trust commit to the king as to the head of justice and of the weal public the  same can by law be transfer over to any subject neither can any penal statute  be prosecute or execute by his majesty grant in other manner or order of  proceed than by the Act itself be provide and prescribe neither do we find any  such grant in any former age and of late year upon doubt conceive that penal  law may be seek to be grant over some parliament have forbear to give  forfeiture to the crown and have dispose thereof to the relief of the poor and  other charitable use which can be grant or employ otherwise we be also of  opinion that it be inconvenient that the forfeiture upon penal law or other  oflikenature shall be grant to any other before the same be recover or vest in  his majesty by due and lawful proceed for that in our experience it make the  more violent and undue proceed against the subject to the scandal of justice  and the offence of many but if by the industry or diligence of any there  accrue any benefit to his majesty after the recovery such have be reward out  of the same at the king good pleasure c date November and to this letter all  the judge of England set their hand