coke penal statute hill James queen Elizabeth make a grant 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 warrant to the Lord chancellor or keeper of the  great seal to make as many dispensation and to who he please upon letter  direct to the judge they resolve that the say grant be utter against law Dav b  hard Siderf Inst show salk Mod Mod 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 a  the king can grant to any person any penalty or forfeiture c due by any  statute before judgement thereupon bad James c and by the bill of right W and  m sess c no dispensation by non to stand before of or to any statute or any  part thereof shall be allow but the same shall be hold void and of no effect  unless a dispensation be allow of in such statute a with power to dispense  with the say statute and to make a warrant to the Lord chancellor or keeper of  the great seal to make as many dispensation and to who he please and on 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 bead of the commonwealth and the fountain of  justice and mercy be by the whole realm trust with it this confidence and  trust be so inseparable join and annex to the royal person of the king in so  high a point of sovereignty that he can transfer it 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 any penal law be never see in our book nor before this age be  any such grant ever make but it be true that the king may upon some cause move  he in respect of time place or person c coke report er p make a non to stand  before Coke37a all 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 oil 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  will be scandalize for when such forfeiture be grant or promise to be grant  before they be recover it be the cause of a more violent and undue proceed  when it be public know that the forfeiture and penalty of the Act 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 it will thereupon follow that no penalty  will by any Act of parliament be give to the king but limit to such use with  which king can 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  saint 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  bead 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 S grant in other manner or order of proceed than by the Act itself be  provide and prescribe neither do we find any such grant to any in 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 of like nature shall be grant to  any before the same be recover or vest in his majesty by due and lawful  proceed for that in our experience coke b 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