MAXIMS OF THE LAW. 159 



of hay out of my meads, to be taken for three years ; he 

 shall not have common for thirty beasts, or thirty loads of 

 wood or hay, the third year, if he forbear for the space of 

 two years ; here the time is certain and precise. 



So if the place be limited, or if I grant estovers to be 

 spent in such a house, or stone towards the reparation of 

 such a castle ; although the grantee do burn of his fuel 

 and repair of his own charge, yet he can demand no allow 

 ance for that he took it not. 



So if the kind be specified, as if I let my park reserving 

 to myself all the deer and sufficient pasture for them, if I 

 do decay the game, whereby there is no deer, I shall not 

 have quantity of pasture answerable to the feed of so many 

 deer as were upon the ground when I let it ; but am with 

 out any remedy, except I will replenish the ground again 

 with deer. 



But it may be thought that the reason of these cases is 

 the default and laches of the grantor, which is not so. 



For put the case that the house where the estovers should 

 be spent be overthrown by the act of God, as by tempest, 

 or burnt by the enemies of the king, yet there is no recom 

 pense to be made. 



And in the strongest case, where it is in default of the 

 grantor, yet he shall make void his own grant rather than 

 the certain form of it should be wrested to an equity or 

 valuation. 



As if I grant common ubicunque averia mea ierint, the 9 H. G. 36. 

 commoner cannot otherwise entitle himself, except that he 

 aver that in such grounds my beasts have gone and fed ; 

 and if I never put in any, but occupy my grounds other 

 wise, he is without remedy ; but if I put in, and after by 

 poverty or otherwise desist, yet the commoner may con 

 tinue ; contrariwise, if the words of the grant had been 

 quandocunque averia mea ierint, for there it depends con 

 tinually upon the putting in of my beasts, or at least the 

 general seasons when I put them in, not upon every hour 

 or moment. 



But if I grant tertiam advocationem to I. S. if he neglect 

 to take his turn ea vice, he is without remedy : but if my 

 wife be before entitled to dower, and I die, then my heir 

 shall have two presentments, and my wife the third, and 

 my grantee shall have the fourth ; and it doth not impugn 

 this rule at all, because the grant shall receive that con 

 struction at the first that it was intended such an avoid 

 ance as may be taken and enjoyed ; as if I grant proximam 20 11. R. 

 advocationem to I. D. and then grant proximam advocaticwem Dy. SB. 



