It is a popular notion that the lord of the manor is entitled to the
waste, but this is by no means the case in every manor. In the
neighbouring manor of Abbot’s Kensington, we find that “the commons” were
“presented” with “Notting-hill, the waste by the highways, and the Gravel
Pits,” as lately as 1672; {54a} and in the ancient manors of Tybourn and
Lilestone, there was pasture for the cattle of the villagers, and the
fruits of the wood for their hogs. {54b}
The usual proportion given to the lord for his right in the soil is
one-sixteenth. {54c} Whether the lords of the Paddington soil were
content with this proportion we need not enquire. We know that their
demesne lands have extended far beyond their original dimensions; and
there is very little doubt that the land of the poor diminished as the
lord’s land increased. Other individual holders, too, have carved out
for themselves portions of that which was set aside for purely public
purposes, but the great delinquents have been the lords of the
manors—“those relics of feudal slavery and mediaeval barbarism;” and
these before long will be known only in history.
It is true that waste land, and a common field existed in Paddington down
to a recent date; and it is equally true, that some kind of right over
this land was acknowledged to be vested in the inhabitants of this
parish; for as we shall presently see, when this right was found to
interfere with the designs of the lords and their lessees, a portion of
it was bargained for and sold.
The common field appears to have existed on each side of the Westbourn,
extending, with the poor allotment, from that which is now called the
Uxbridge-road to a considerable distance north and east; the portion on
the western side the stream being called the Westbourn, or Bayswater,
field; the portion on the eastern side, the Town field, corrupted into
“Downes?”
On the Paddington side, all that remained of the common waste was the
Village-green; and for this the villagers must have had the greatest
affection. It was _their_ Home-field; on it their forefathers had made
merry, and here they had trodden by hereditary right. Yes by hereditary
right! And seeing that the title of the noble has descended by law to
his feeble son, and the estates of the frugal man to his spendthrift
heir; how highly must the people of Paddington appreciate that justice
which has preserved to them so magnificent a portion of their ancestors
possessions! {55a}
Unfortunately for the reputation of the past there are but few places to
be found where the rights of the weak have not been most shamefully
encroached upon by the strong; and the little village of Paddington
affords not the least remarkable example of these glaring defects in the
working of “our glorious constitution.”
Public-domain text, read in full here on John Shaqi.
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