1 A servitude in the estate of a neighbour, as where one has common of pasture and  the right to pasture in another's estate, is not always owed through consent and the  constitutions of lords, but through the negligence and dissimulation of a neighbour,  simply because of use.2 Such seisin derives its strength from time rather than right,  and thus it will be altogether absurd for possession to remain with him, though it has  once been acquired by an assise, unless he shows his right, [But we must first see for  whom this action lies. It is clear that no one may implead another by this writ of  quo jure unless he is the chief lord of the whole manor or vill in which the common  is claimed,3 or of a part, provided [the parts] belong to different baronies or different  fees or different feoffments, so that the lord who claims and the defendant have their  separate rights, that is, different tenements and different pastures, whether the word  is taken broadly or narrowly. If several have been enfeoffed by one lord in one manor  or vill, this writ or action is not available to them, since between neighbours holding  of the same barony and the same fee it ought, properly speaking, to be called vicinage  rather than common owed: [vicinage], as where one intercommons with his neighbour  and his neighbour with him, otherwise not.]4 by what right he exacts it, by this writ.  [One chief lord or several may plead against one chief lord or several, whether they  have tenements in different vills or in one, provided that different baronies and  different fees are involved.]
Writ by what right one exacts common.
 The king to the sheriff, greeting. If such a one has made you secure, etc. then summon  such a one to be etc. to show by what right he exacts common of pasture in the  land of the plaintiff in such a vill, in as much as he has no common in the defendant's  land in such other vill, nor does the same defendant so him service by reason of which  he ought to have common in his land, as he says. And have etc.5 When the defendant  has been summoned, he may essoin himself on the first day, as may the plaintiff if  he so wishes. If the defendant neither comes nor essoins himself, let him be attached,  as in a personal action, because the pasture is not here being claimed, as by a writ of  right, as will be explained below.67<When after all distraints he has finally appeared,  let the justices then immediately inquire whether the defendant claims common, to  which he may reply that he does or does not. [If he does], let him be asked of what  kind, and, the common having been specified, let the procedure thereafter be the  same as on a writ of right. If he then makes default, let the pasture be taken into the  hand of the lord king until