Scire Facias to Repeal a Patent, involving Demurrer
Sir Oliver Butler's Case, 1680.

Sir Oliver Butler's Case (High Court of Chancery, 1684) is a case of a scire facias action to repeal letters patent granting a market. Here the defendant demurred, making the issue an issue in law.

Source: The Reports of Sir Peyton Ventris, Volume II (London, Charles Harper and Jacob Tonson, 1701), page 344.

---

Page 344, Cases Adjudged in the Court of Chancery, Vol II.

Termino Sancti Hillarij, Anno 31 & 32 Car. II.
In Cancellaria.

Upon a Scire facias to Repeal a Patent granted by this King to Sir Oliver Butler, for a Market to be kept at Chatham; reciting, That there was an Ancient Market long before kept at Rochester, within half a Mile of Chatham, and that there was an Ad quod damnum taken out before the New Patent; and the Inquest thereupon taken, found it not to be to the Damage of any, and that it was Executed by Surprize and without Notice; and that notwithstanding it was to the great Damage of the former Market &c.

To this Scire facias Sir Oliver Butler Demurred.

And it was Argued by his Counsel, That this Patent could not be Repealed, because it was preceded by a Writ of Ad quod damnum; whereupon it was found to be to no Bodies damage, and that should conclude all; or at least, the King could not bring a Scire facias to Repeal his own Patent.

But the Lord Chancellor Fynch (assisted by Lord Chief Justice of the Common-Pleas, and Justice Jones) gave Judgment for Repealing of the Patent: for the Return of the Writ of Ad quod damnum was not Conclusive, and here by the Demurrer it is confessed to be to the Damage of the former Market. And where a Patent is granted to the prejudice of the Subject, the King of Right is to permit him, upon his Petition, to use his Name for the Repeal of it in a Scire facias at the King's Suit, and to hinder multiplicity of Actions upon the Case; for such Action will lye notwithstanding such void Patent.