coke a the case OF a fine levy by the king tenant in tail c mich James the  king be tenant in tail by a gift make to some of his ancestor be subject may  by fine levy on a grant and render bar the estate tail but after the render  make it seem necessary to have letter patent to grant to the conusee by  express word that he may enter into the land where the king claim in respect  of his natural capacity as heir of the body of a subject per form gift he  shall be bind by a Act of parliament but where he claim in his royal and  politic capacity a general Act shall not bind he unless he be express name  except in special case the king be inform that diverse manor and land be  entail to Gilbert de Clare earl of Gloucester and the king who now be be heir  of the body of the say Gilbert inheritable to the say land some of which manor  the king and other his progenitor for good consideration have grant to diverse  subject all which grant as be pretend be in respect of the say ancient  estatetail utter void the king that now be of grace and good will to his  subject and for their quiet and repose require Popham chief justice and coke  attorneygeneral to consider how by law he may establish the estate of the say  patentee and other claim under they against the say estatetail whereupon they  several in the vacation time do consider on that point and afterward on  conference they agree unanimous that the king be tenant in tail by a gift make  to some of his ancestor be subject as the question be move may by fine levy on  a grant and render bar the estate tail and that for diverse reason forasmuch  as the king be bind a Ant a   b a   b   a roll Rep Plowd b a b b b a a by the  stat de gift conditional as it be adjudge in Lord Barkleys case blow Com by  which Act the king be restrain from alienation for it be enact by the say Act  quod Finis Self jure sit nullus reason require that the king shall take  benefit of the act of b h cap b h and c h cap c h which enable tenant in tail  to bar his issue for it be agree in all our book   b roll Rep leo that the  king shall take benefit of any Act although he be not name d   b Leon roll Rep  d h a e roll Rep e h the Lord Barkleys case blow tom and it will be bare that  the king be issue in tail of a gift make to a subject shall be in worse  condition than if he have not be king there be a great difference when the  king claim in respect of his natural capacity as heir of the body per form  gift as heir of the body of a subject for there he shall be bind by a Act of  parliament and that be the principal reason of the judgement in the Lord  Barkleys case where the gift coke b be to king Henry and coke report a er p to  the heir of his body and when the king claim a thing in respect of his royal  and politic capacity there a general Act shall not bind he unless he be  express name unless it be in special case f black Com vin ab stat e Bac ab  prer e TR f in the case at bar the bar which the statute de gift conditional  do work be against the issue in tail for the tenant in tail himself without  any help of the Act may bar himself and so may the king also by special grant  then the issue in tail at the time of the fine levy by the king be but subject  who be bind by the say act and the estatetail bar by the fine and proclamation  and note that the Act of h do recite that for avoid all strife and controversy  which general word all include also the case of the king and it be observe  that the statute de gift c which bind the king say quod dominus king g blow b  h c g perpende quod relative be in grammatical case predictis to put down  remedy statuit quodrotuntas a giver c and the stat of   a h c h which give  power to dock the estate tail say the king consider that fine ought to be of  great strength to avoid strife and debate and to be a final end and conclusion  it be enact that after the fine engross and proclaim c the same fine e shall  include privy c within which word the king issue be include also the stat of    a H 8 c h h enact that all fine levy of any land entail to the person so levy  the same fine or to any of his ancestor c and Gilbert de Clare be in propriety  of speech the king ancestor and so within the express letter of the Act but it  seem to they that after the render make it be necessary to have letter patent  to grant to the conusee by express word that he may enter into the land for  otherwise the fine be executory on a grant and render it may be doubt if the  conusee without any such grant can enter on the king and afterward mich James  after the death of Popham this opinion on consideration and conference have  with Fleming and coke chief justice and Tanfield chief baron be affirm for  good law for the reason and cause before give and diverse fine have be levy by  the king accord to that resolution Vid note r Alton wood   a