Commons originally were those lands which had not been brought into
cultivation by the spade and the plough, over which, all who used the
spade and the plough had certain rights in common. When the rights of
the people over the soil were more limited by the law, there was attached
to every portion of arable land a certain portion of waste, over which
these common rights extended; and these lands were as much, in
proportion, the property of the poorest occupier as of the richest
holder. Commons have also been defined to be “wastes and pastures which
have never been exclusively appropriated by any individual, but used in
common by the inhabitants of a parish or district.”
In Paddington, the commons were in more senses than one, “commons without
stint,” for they were not only used by the inhabitants all the year
round, but the quantity assigned was, for centuries, amply sufficient for
all their wants; and these commons in Paddington were not confined to
that “_universal right_” called “commons appendant,” for the people here
had the right of taking the material from the neighbouring wood, for
their fire as well as for the repair of their houses, carts, and hedges.
To those who had obtained the lordship of the soil, the preservation of
these commonable rights was of much less importance than to the people,
for that which was gained by the labourers’ toil from the waste, and the
wood, went to increase the domains of the lord, or to enrich some private
owner. To the lords, the Roman law which “considered the individual
member of the state,” was much more inviting than the ancient law of
England, which “based itself upon the family bond.”
The better to secure individual rights, so acquired, the cultivated land
was enclosed. But this enclosure of lands proceeded so rapidly that the
rights of all the poor in England, those who could not find means to
enclose, were in danger of being annihilated. The state was at length
compelled to interfere, and the law provided that enough commonable land
should be left in each manor to provide for the fulfilment of the usual
commonable rights; and at the time of an enclosure it was, as it still
is, the custom when the poor had the right of gathering their fuel from
the waste and wood, and of turning their live stock on the common, to set
apart a portion of the land for their uses, as a compensation for the
loss of those rights.
Where the allotment for the poor of Paddington was situated; when it was
set apart; or what was its extent, I have not been able to discover from
any positive evidence now existing; but my impression is that the little
piece of _charity land_ remaining in Westbourn indicates the site of a
much more extensive portion of the common field which was set apart for
the uses of the poor.
Public-domain text, read in full here on John Shaqi.
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