§. 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.
