Sec. 35. It is true, in land that is common in
England, or any other country, where there is plenty of people
under government, who have money and commerce, no one can inclose
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 property 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 where-ever 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 introduces private
possessions.
Sec. 36. The measure of property nature has well set by
the extent of men's labour and the conveniencies of life: no
man's labour could subdue, or appropriate all; nor could his
enjoyment consume more than a small part; so that it was
impossible for any man, this way, to intrench upon the right of
another, or acquire to himself a property, to the prejudice of
his neighbour, who would still have room for as good, and as
large a possession (after the other had taken out his) as before
it was appropriated.
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