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Parliament to propose to itself. Yet such would be the judgment
virtually involved in any determination which should regard the
objection, grounded on the supposed extraordinary value of the common
right to the very small proportion of the Commoners, as affording a
peremptory bar to the improvement of the Waste on the plan here
proposed. — If, even with the support of the Plea of public exigency,
the private Plea grounded on the Interests of the vast majority of the
Commoners is not strong enough to outweigh the objection, much less
will it be when standing alone, as it would do in the instance of any
plan of improvement originating with, and confined in its object to
the sole benefit of, the Commoners. If the stronger and the weaker
Plea are not strong enough even when taken together, much less can
the weaker ever be when standing alone.
As to pecuniary compensation for the rights in question, either
they are susceptible of it, or they are not: if they are, they are as susceptible
of it on the present occasion, as they can be on any other: if they are
unsusceptible of it, and the circumstance of their being so it to be —
considered as a conclusive bar to their being given up, then so long as it
is considered in that light, the Waste, must remain a Waste, were it to
the end of time.
Were this Waste to be divided, like other Wastes, among all the
Commoners, in proportion to their respective quantities of Interests, —
(or in the present instance in equal shares) the quantity of divisible
Land compared with the number of the sharers, would scarce afford
to each of them a spot big enough to stretch himself upon: and in
that case the very expence of fencing (to say nothing of draining) —
would of itself be more than sufficient to eat up the whole value of the
subject to be divided.(a)(a) Number of Acres remaining after allowance made for Roads and an
allotment of 10 or 11 Acres clear for the Westminster Scholars, about 40
Number of Inhabitants in Saint Margarets 12000, in Saint John's 8000
(Saint John's appointing 20, out of the 50 joint Vestrymen to 30, of Saint
Margaret's -) Total 20000 — divided by 5 to obtain the number of
Householders — 4000. — But upon such a plan of division the —
particular accidental Interests just spoken of, would be more compleatly and
irremediably sacrificed, than upon the plan here proposed. Those to
whom it is now of the most value would have no greater share than
any one of the thousands to whom in its present state it is of no value
at all.
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