case the queen against air the king may bring a to know facias to repeal  letter patent S c ante Parker chief justice give the resolution of the court  we be all of opinion that judgement must be give for the king the first  objection be that a to know facias be not the proper remedy the king not be  concern but that a action upon the case shall have be bring as to this sir  Oliver butler case a lev a be a express authority that a to know facias be the  proper way and that the crown de jure ought to permit subject to sue in the  name of the king the second objection that there shall have be a office find  may be answer by the same authority for the objection be there take and it be  hold modern report that no office be necessary because there be no forfeiture  as to the three objection arise from the day upon which c the answer to that  be that it be matter of evidence of which the jury be the proper judge Bracton  b bract lib c b show how the law ancient stand with respect to different day  and distance within which fair and market can or can not be hold market in  London be very close upon one another and the public good require that it  shall be so which will overbalance a private detriment a four objection be  that it be say that the grant be to the prejudice whereas it shall have be  that the market be to the prejudice and in favour of this objection the en pl  be quote in the case quote the grant be conditional videlicet so far as it  shall not be prejudicial and therefore I doubt not but in that case if there  have be a prejudice a action upon the case will have lie notwithstanding the  grant but the case before we be the case of a absolute grant which be to be  set aside because it break in upon another right the find in the ad quod  damnum be thus it will be no damage if we grant what will be no damage the  grant as to the five objection that the to know facias be discontinue by the  death of the queen we be all of opinion that this be help by the statute  whether c pen in the strong term imaginable judgement be give against the  defendant