34. It is true, in land that is common in England or any other
country, where there are plenty of people under government who have
money and commerce, no one can enclose or appropriate any part without
the consent of all his fellow-commoners; because this is left common
by compact- i.e., by the law of the land, which is not to be violated.
And, though it be common in respect of some men, it is not so to all
mankind, but is the joint propriety of this country, or this parish.
Besides, the remainder, after such enclosure, would not be as good
to the rest of the commoners as the whole was, when they could all
make use of the whole; whereas in the beginning and first peopling
of the great common of the world it was quite otherwise. The law man
was under was rather for appropriating. God commanded, and his wants
forced him to labour. That was his property, which could not be
taken from him wherever he had fixed it. And hence subduing or
cultivating the earth and having dominion, we see, are joined
together. The one gave title to the other. So that God, by
commanding to subdue, gave authority so far to appropriate. And the
condition of human life, which requires labour and materials to work
on, necessarily introduce private possessions.
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