so that he cannot put in his beasts [at all], or if, when he has once put them in, he  cannot use the servitude conveniently or in the proper way. He1 must then be aided  by the assise, whether he has used or not, since, solely because of the constitution, he  is in quasi-possession, because rights are quasi-possessed.2 Possession of a servitude  is thus acquired before use, [but it cannot be transferred to another without use,  unless the constitution of the servitude provides that it may remain to him and his  heirs or to whom he wishes to give or assign,3 or unless one says that he may transfer  it [before use] with the tenement to which the servitude is appurtenant,4 though this,  it is submitted, is not true, as may be seen in the gift of an advowson,]56but it is  never retained except by true use, that is, when he has put in his beasts, one or more,  though he does not put in all, or all the kinds, of beasts he could put in by the constitution.7  Similarly, seisin of a servitude may be acquired and retained without any  formal constitution, by acquiescence and long use. A servitude may be constituted  in many ways, as that one have the right to pasture in another's property, [or] the  right to cultivate it, to go over it, to draw water from it, to fish in it, to conduct  water over it, to hunt on it, and there may be8 an infinite number of other rights,  according as [each] includes9 several species,10 and according as the servitudes have  or do not have11 several appurtenances and the appurtenances of appurtenances.12  But since the most celebrated servitude is that by which the right of pasturing is  granted to another, we must first turn to what is called common of pasture.
[Of common.]  Common is a general term and bears the relation to its variant forms that a genus  does to its species. For common (communa) as the word suggests, is composed of una  (together) and cum (with), the word alio (another) being understood, that is, common  together with another in another's property,13 not in one's own, for no one may have  a servitude in his own property, as above.14
Of common of pasture;
[how it is acquired].  Common [of pasture] is acquired in many ways, for example, through the causa of  gift, as where one gives land with the appurtenances, with common of pasture etc.  Through the causa of purchase and sale, as where one buys common in another's land  that it may be appurtenant to his tenement, though it is of another's fee and a different  barony.15 Also through [that] causa, because16 of a service certain. Through the  causa of vicinage, as where one [intercommons] with his neighbour and his neighbour  with him. Through a constitution [made] by the lords of estates,17 [or] without a constitution,  by long use, with peaceful possession, continuous and uninterrupted,  [through the knowledge and acquiescence of lords18 I do not say of bailiffs,] which19  is taken20 for livery, provided it is not by force