Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 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.
Sect. 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. This measure did confine every man’s possession to a
very moderate proportion, and such as he might appropriate to himself,
without injury to any body, in the first ages of the world, when men
were more in danger to be lost, by wandering from their company, in the
then vast wilderness of the earth, than to be straitened for want of
room to plant in. And the same measure may be allowed still without
prejudice to any body, as full as the world seems: for supposing a man,
or family, in the state they were at first peopling of the world by the
children of Adam, or Noah; let him plant in some inland, vacant places
of America, we shall find that the possessions he could make himself,
upon the measures we have given, would not be very large, nor, even to
this day, prejudice the rest of mankind, or give them reason to
complain, or think themselves injured by this man’s incroachment, though
the race of men have now spread themselves to all the corners of the
world, and do infinitely exceed the small number was at the beginning.
Nay, the extent of ground is of so little value, without labour, that I
have heard it affirmed, that in Spain itself a man may be permitted to
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