c sir oliver butler case S c lev Ventr Lord chancellor chief justice north  justice Jones Sci fa to repeal a patent a to know facias issue out in the king  name to repeal a patent grant for a market to be hold at Chatham upon a  suggestion that it be ad grave damnum of the city of Rochester it appear upon  the plead that a ad quod damnum issue out but be execute surreptitious twenty  mile from the place and no one damnum return and thereupon the king make this  grant the defendant demurrer to the to know facias one question make be  whether upon a to know facias it may be aver this grant be ad grave damnum  when it be find by the inquisition that it be not ad damnum and so it be aver  that another inquisition shall have be find in contradiction of it before the  party shall be admit to this averment but to that it be answer that the  inquisition find upon the ad quod damnum be not Obligatory but that any person  may aver the contrary without a matter of record and for that they cite sir  William Juxons case where it be hold that person may bring his action on the  case and be not estopped by that inquisition and so judge Jones say it be hold  in another case late in I Kings bench and north say the difference be this  that where another office be find the king may seize immediate otherwise he  must bring a to know facias and then the matter of damage may be put in issue  and try and my Lord chancellor and the judge concur that this patent ought to  be repeal for as much as it be allege in the to know facias to be ad grave  damnum and the defendant have confess it by his demurrer and my Lord  chancellor say that it will be inconvenient if such a patent may not be repeal  by a to know facias for then the party must be put to his action so often how  often which will be vexatious and endless and here it may be try once for all  for if the damage have be traverse it shall have be send into the king bench  to be try and the patent shall have stand or fall accord to the event of that  trial see yard v ford sand in note to which case Mr sergeant William with his  usual learning and industry have collect all the most material authority  freeman de term paschae in curian porter