Bracton: Thorne Edition: English. Volume 3, Page 165

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Volume 3, Page 165

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[001] some certain kinds, all others being completely excluded. And so if a right of pasturing
[002] a certain number is established and he only permits its use for a lesser number,
[003] thus not in the proper way, [for] every way has its due advantage. And so in connexion
[004] with a water course, as where the right of conducting water is granted and the grantor
[005] does not permit him to conduct it at all, or only with difficulty, because he does not
[006] allow him to scour the channel, or if what he ought to conduct continuously he only
[007] permits him to conduct at certain hours,¹ [or] what he ought to conduct completely
[008] he only permits him to conduct in part. It will be an obvious disseisin when he does
[009] not permit him to exercise his right in any way, or not conveniently or not in the
[010] proper manner. One may have and use a servitude in another's property unless he is
[011] prevented for some proper reasons.² If he exceeds due measure, he may be expelled
[012] at once, but not after the lapse of time, unless with an investigation of the reason.
[013] ³<Whenever the assise of novel disseisin of common of pasture lies for him to whom
[014] the liberty of pasturing was granted, [that is], if he cannot use it conveniently or in
[015] the ordinary way, there conversely the assise of novel disseisin as of a free tenement
[016] lies for the lord-grantor, if he to whom the right was granted attempts to use it pre-sumptuously
[017] or in a way other than it was constituted, [just] as if he had attempted to
[018] use by force when no servitude was constituted.> The rights one may have in another's
[019] property are infinite,⁴ [and] are acquired in the same way and by the same causae
[020] by which corporeal things are acquired,⁵ as above [in the portion] on the acquisition
[021] of things.⁶ And just as they are acquired according to the rules for the acquisition
[022] of corporeal⁷ things, rightfully, so they may be lost, wrongfully.⁸ Corporeal
[023] things are acquired animo and corpore, by livery; incorporeal things, as rights and
[024] servitudes, when they are in a definite place, simply by the view of the taker or his
[025] procurator and the will and intention to possess,⁹ because rights do not admit of
[026] livery, as may be seen. If a neighbour imposes this servitude on his land, that his
[027] neighbour may pasture his cattle therein, that servitude is binding.¹⁰ He may thus
[028] [make] his land, originally free, servient to his neighbour's, [simply] by such constitution
[029] and the mutual agreement of both parties, provided the taker has the view
[030] and assents.¹¹ Since rights of this kind do not admit of livery,¹² he is at once in seisin,
[031] though he does not immediately put in his beasts, and is always taken to use until
[032] he loses his seisin by non-use,¹³ that is, until he has been disseised in whole or in part,

Notes

1. Supra 164, infra 189

2. ‘Poterit quis . . . causa,’ from lines 11-12; om: ‘Et sic . . . est’

3. Supra i, 401

4. Infra 166

5. Om: ‘adquiruntur . . . sunt’

6. Supra ii, 25

7. ‘corporalium’

8. Supra ii, 154, infra 167

9. Supra ii, 126, 159, infra 168, 173

10. ‘tenet servitus,’ from line 31

11. New sentence

12. ‘recipiant’

13. Supra ii, 159, infra 173, 177