case godden against hale easter term James roll Bulstrode attorney for the  plaintiff the king of England may former dispense with any law and therefore  on a conviction on the car c for hold the office of colonel without have take  the oath if the king grant the convict a dispensation he may plead it in bar  to a action by the informer for the penalty SC comb debt for five hundred  pound upon the statute of car c for accept and exercise the office of colonel  c not have take the oath and subscribe the declaration and set forth a  indictment and conviction for the same per quod action to grow progressively  the defendant plead in bar that after his admission and before three month  expire the king by his letter patent have pardon release and dispense with the  say oath c the plaintiff demurrer Mr Northey for the plaintiff argue that this  dispensation ought to have be plead to the indictment that now it come too  late that by the conviction the action accrue to the informer that if a man  will not plead a pardon no advantage can be take of it afterward that now by  this plea the indictment and conviction be admit he cite bro title charter de  pardon he that plead a pardon must plead it before he plead not guilty here he  have a day to plead it marshal case cro roll Abr the Lord chief justice come  to the point and argue that Mr Northey then the dispensation be mere void in  the yearbook Henry it be show in what case the king shower KB may dispense as  with a malum to hold before by statute but not where other be prejudice by  such dispensation as if a man be bind in a recognizance to keep the peace the  king can release that duty because of the prejudice that may thereby accrue to  other and yet when it be forfeit he may the king can dispense with a Act of  parliament that be of public concern because of the interest which every  subject have therein Inst wherever a Act of parliament inflict a disability  the king can dispense therewith as the Elizabeth c concern simony neither the  king pardon after nor his dispensation before can take away the disability a  so as the Edward c concern sale of office b the king can control a Act of  parliament that disable a man c if the king shall licence a man to sell a  office such licence I a physician can maintain a action for his fee Chorley v  Bolcot term Rep a   light Inst cro James hob more case b   light c cro James  Inst shower KB er p will be void d this Act impose a condition on his capacity  to hold nay upon his take the office there be a incapacity attach which can  not be remedy but by take the oath he be disable to enjoy he be only to bold  but three month unless he take the oath it be agree that the king can dispense  with the statute of James c this prerogative be never make use of since the  statute be make though at the time of make of it many person of worth lose  their place by reason whereof the late king lose their good service as to the  case of Henry concern the office of sheriff with a non to stand before there  never be any judgement in it and the justice and sergeant and attorney agree  to study it well and say what they have there say shall be reckon for nothing  and declare they will not be bind by it it be the single opinion therefore of  coke and in brook e it be say that the matter be leave at large and not  adjudge but admit that case yet it differ from this the statute there be pure  restrictive of the king as to his power of command that the king shall not  grant so that the king may command notwithstanding shower KB but this statute  be only directive to the subject how to qualify himself he cite sir John reed  case sheriff of Hertfordshire f and he further urge that in that case of the  sheriff the dispensation be in the patent that grant the office so that it be  before the incapacity be attach but here it come afterward and too late sir  Thomas powys e contra No man be by the commonlaw incapacitate but he have some  way or other to remove that disability he urge that the king prerogative be  and be as much the law of England as any statute g Glanville sergeant this  power of dispensation be not a notion of this age the difference of malum in  see and malum to hold before have always be allow a law make pro good public  be not to be dispense with but where a Act of parliament prohibit a thing that  be lawful before under a penalty which be not to the damage of particular  person the king may dispense with it what be pro good poplar tree complicate  the king be judge of and may dispense with otherwise of what be pro good  singuloram poplar tree h the statute of mortmain have be dispense with I this  here be not a malum in see it be lawful before this be not to the damage of  particular person but it be of public concern in the general and in such case  there be a necessity for this power of dispense there be a great distinction  between the law of property and those of government this be a law of  government which be make not to restrain the king power but to guard the  government against danger and when the king be sensible there be no danger the  reason of the law cease murder may be pardon with a non to stand before king  these be incident inseparable from the crown l No disability can deprive the  king of the service be may command he cite sir Walter raleigh case m and  calvin case n confirm that opinion of Henry shower KB the Lord chief justice  take time to consider of it and speak with the other judge and three or four  day after declare that he and all the judge except street and Powell justice  who doubt be of opinion that the king of England be absolute sovereign that  the law be the king law that the king have a power to dispense with any of the  law of government as he see necessity for it that he be sole judge of that  necessity that no Act of parliament can take away that power that this be such  a law that the case of sheriff in the second year of Henry the seven be law  and always take as law and that it be a much strong case than this and  therefore give judgement for the defendant oh d see the case of Thomas v  sorrel Vaugh e bro Abr title patent f Hilary term car g   Vaugh yearbook Henry  roll Abr prerogative rush coll h dyer Vaugh I Fitzherbert n b ad quod damnum  king Vaugh Fitzherbert cor m cro James and Inst   Plowd n   jenk oh by Edward  c and Richard c it be enact that no command or shower KB er p