coke OF pardon Trin James although in action popular the king shall have the  suit sole in his own name yet he can by his pardon discharge the offender if a  man ought to repair a bridge and the bridge be in decay if the king pardon it  still the offence remain but the pardon may discharge the fine for the time  pass the same law in case of depopulation if one be bind to the king in a  recognizance to keep the peace c the king can before the peace be break pardon  or release the recognizance Note No licence can be make to do any thing that  be malum in see but it may be make to do what be malum prohibilum Com dig  pardon f black Com post salk Inst a notam the law so regard the weal public  that although in action popular the king shall have the suit sole in his own  name for the redress of it yet by his pardon he can discharge the offender for  this that it be not only in prejudice of the king but in damage of the subject  though for the avoid of infinite suit they can have private action and for  that reason the suit be give to the king not only for himself but also for all  his subject coke as if a man ought to repair a bridge and for default of  reparation it fall into decay in this case the suit ought to be in the name of  the king and the king be sole party to the suit but for the benefit of all his  subject and for this if the king pardon it yet the offence remain and in any  suit in the name of the kin g for redress of it the offender ought  notwithstanding the pardon to make and repair the bridge for the benefit of  the weal public but peradventure the pardon shall discharge the fine for the  time pass and with this agree h blow Com in nicols case where the word of the  law be if a bridge or a highway be repairable by the subject and be in decay  the pardon of the king shall not excuse he which ought to do it for this that  the other subject of the king have interest in it but note the pardon in such  case shall discharge the fine but only for the time before the pardon but for  the time after the pardon without question the offender for his default shall  be fine and imprison the same law and a much strong coke report er p in case  of depopulation for this be not only a offence against the king but against  all the realm for by this the realm be enfeeble idle and dissolute people  which be enemy to the commonwealth abound and for this cause depopulation and  diminution of subject be a great nuisance and offence to the weal public than  the hindrance of the subject in their good and easy passage by any bridge or  highway and for this notwithstanding the pardon of the kin he shall be bind to  reedify the house of husbandry which he have depopulate but peradventure for  the time before the pardon he shall not be fine but for the time after without  doubt he shall be fine and imprison for the offence itself can be pardon as in  the case of a bridge or highway because be malum in see but this continue as  to the fine and imprisonment at all time after the pardon but the penalt  inflict by the statute that may be discharge because to hold before vide  Edward title ass where a abbot be bind to repair a bridge by prescription and  after the king by his charter discharge he which charter be allow in a quo  warranto and after the abbot be indict at the suit of the king for default of  reparation of the say bridge and he plead the say charter and allowance and  notwithstanding it be adjudge that he shall repair the say bridge for this it  shall be to the prejudice and damage of his subject but when the king charge  his subject for the make of a bridge or causey or wall c there the king may  discharge of the pontage murage c but when one be bind by prescription or  tenure c to repair a bridge c there the king can discharge it and all this  appear in the say book and note if one be bind to the king in a recognizance  for to keep the peace against one and other the liege people of the king in  this case the king before the peace can pardon or release the recognizance as  it be agree in h h h and the reason be although the recognizance be make to  the king sole yet inasmuch as this be make for the benefit and safety of the  subject of the king in such case it can be charge note no licence can be make  to do any thing that be malum in see but malum to hold before may h h h