and1 fenced in, at a proper time but not at all times,2 as where3 it may be enclosed,  fenced in and cultivated [at some time] every year,4 unless a specialty, the modus  of the constitution of the servitude, so provides, or long use, continuous and peaceful:  the modus of the constitution of the servitude, as where he says, I give you so  much land with common of pasture for so many beasts etc. throughout all my land,  everywhere, in arable land, meadows and closes and in every place, this must not be  understood to mean at all times, only at suitable times, that is, after the crop has  been brought in and the hay lifted, or when the tenement lies uncultivated and  fallow, as if he had said5 expressly, everywhere, that is, when the tenement lies  uncultivated etc. The lord ought not to be prevented by that from cultivating his  land during any year he wishes, since he imposes no servitude upon himself which  precludes him. If he says, with pasture throughout and in all places and in every  second (or third) year in arable land when it lies fallow, it will still be the same,  when it so lies, for it may well be that it will never lie fallow, nor is he forced to refrain  from cultivating, because by these words he does not preclude himself from so  doing. But if he says at all times and in all places, and in the second year let the field  lie fallow, or uncultivated and open, and at such time let him have common, it cannot  be cultivated or enclosed at that time, especially where6 long use or a custom  approved by neighbours and lords so provides, which ought to be observed as law  between such persons,7 or where8 vicinage so provides, without any constitution. A  servitude may be personal and real, [owed] at certain hours and at certain times. Also  personal only, and thus owed to persons and not tenements, an arrangement which  may properly be called herbage.9 It may be personal10 yet not owed to ascertained  individuals, as one belonging to the burgesses and citizens of a universitas; all may  sue or11 some in the name of the universitas. And to conclude my exposition of this  constitution, note that in the case of strangers, use is preferred to the constitution,  if they use it broadly, because they ought not to be restricted in their use. In the  case of one's own tenants, the constitution is preferred to the use. 12<It may be called  admeasurement where a tenement is involved as well as where it is a matter of  beasts, as where one attempts to use and graze within the reasonable fenced-in lands  of the lord whose tenement it is, [He may have admeasurement] or an assise of novel  disseisin of a free tenement, because in another way13 or in another place.>
Of the admeasurement of pasture.
 When one has the right of pasturing in another's land, he sometimes