coke b viscount Montague case pasch Elizabeth in the exchequer the queen  licence m to alien certain manor hold in capite of which manor m be seize in  fee to b and d and their heir without any mention or declaration of any use in  the licence m suffer a recovery to certain use with power of revocation and of  appoint new use m afterward revoke and limit new use hold the queen shall not  have a fine for alienation by reason of this revocation and new limitation and  there needs no licence for the limitation of the new use Anthony viscount  Montague seize of diverse manor in fee hold in capite by indenture Regin nunc  do covenant with William brown and William Denton to suffer they before the  Feast of easter next follow to recover against he the say manor by a common  recovery which recovery shall be to the use of himself for life and afterward  to the use of b in tail and afterward to the use of c in tail and afterward to  the use of b in fee with power of revocation and declaration of new use by any  write in his life c or by his last will c and that the recoverer shall stand  seize to the new use so declare the queen licence the say viscount to alien  the say manor to the say William and William and their heir without any  mention of declaration of any use in the licence and afterward the recovery be  have accord and afterward Elizabeth the viscount by his last will revoke the  first use and estate and declare that present after his death c shall have the  say manor in tail with diverse remainder over and die and if by reason of this  revocation and new limitation the queen shall have in this case a fine for a    light a a alienation a fine for alienation be take away as well from the king  as from other by stat car cap with a save of fine for alienation due by the  custom of particular manor other than fine for alienation of land hold of the  king in capite a be the question in the exchequer and on conference have with  Popham and Anderson chief justice and diverse other justice it be adjudge in  the exchequer that the queen shall not have a fine b roll Rep b for alienation  in this case and in this case two point be unanimous resolve that although no  use be mention in the licence and the licence be only to alien to brown and  Denton and although the estate of the land be transfer to other so as the  queen be not apprise of her very tenant vet forasmuch as it be execute by Act  of parliament videlicet Henry of use and a Act of parliament to which every  one be party can do no wrong and every alienation coke a without licence be a  wrong to the king for this cause when the king give licence to alien to brown  and Denton and the statute execute the possession in other there shall not be  any fine due to the king for this execution of the estate by force of the say  Act of parliament and the proviso of the say Act of h be well explain by which  it be provide that the king highness shall not have demand or take any  advantage or profit for or by occasion of the execute of any estate only by  authority of this Act to any person c which now have or on this side the saint  of may shall have any use or use trust or confidence in any manor c hold of  the king highness by reason of any primer seize ouster Le main fine for  alienation relief and heriot but that fine for alienation c shall be pay to  the king highness c for use trust and confidence to be make and execute in  possession by authority of this Act after coke report b er p and from the say  saint of may of land c hold of the king in such like manner and form to all  intent and purpose as have heretofore be use and accustom by the order of the  law of this realm and forasmuch as every use ought to be raise either by  covenant out of the estate of the covenantor or by feoff fine c by  transmutation of possession out of the estate of the feoff conusees c in the  one case or in the other but one fine shall be pay to the king for if the king  tenant who hold in capite intend to alien to I n to the use of I d and  thereupon if he purchase a licence to alien to I n and accord he alien to I n  to the use of d which use be not mention in the licence in this case he shall  pay but one fine for it be but one alienation and the say latter part of the  proviso concern fine to be pay for execution of use in possession after the  saint day of may be to be intend of use raise by covenant or of use declare  upon fine feoff c when no licence to alien to the feoff or conusee be obtain  and it be say that if the say proviso have not be that no fine for execution  of a use upon a covenant shall be pay to the king because he be in by force of  a Act of parliament which can as have be say do wrong for remedy of which the  say proviso be make it be resolve in the case at bar when the viscount have  licence to alien to brown and Denton and accord he suffer a recovery which  recovery be to the say use with power of revocation and alteration in this  case although he alter the former use and declare new and thereby alter the  queen tenant yet forasmuch as the queen have give licence to alien to brown  and Denton out of which alienation all coke b the use as well future as  present as out of one and the same fountain arise and they all spring out of  the recovery as out of one root for this cause there needs no new licence for  limitation of any new use rise out of the say recovery vide coal case blow Com  and in this term another case be adjudge in the exchequer and it be such  Richard smith be seize of land hold in capite year Elizabeth levy a fine  thereof without licence which fine be to use contain in certain indenture that  be to say to the use of himself for life and afterward to the use of his first  son in tail and afterward to the use of his second son in tail with diverse  remainder over with a proviso that it shall be lawful for he to limit by write  the same land to the use of any wife he shall after marry for her life in name  of her jointure and that the say fine shall be to the say use c the say  alienation be pardon by the Act of Elizabeth then he marry Dorothy and  afterward year Elizabeth by write limit the same land accord to the same  proviso to the say Dorothy for her life and die after who death she take to  husband sir William mounson and it be adjudge that for the say limitation to  Dorothy no fine shall be pay to the queen causan how above which case be open  adjudge I have report to the intent the king officer in these case shall take  heed that the king be not deceive of a ancient flower of his crown by any  device or invention more than duly by law ought to be