"The Great Inquest set out to organise how the fen commoners used the common land of the fens to the advantage of all. It is described in W H Wheeler’s “A History of the Fens of South Lincolnshire” published in 1868. On Page 36 it reads:
“In the reign of Edward V1, a code of fen laws had been drawn up for the defining the rights and privileges of the commoners, and for the prevention of disputes and robbery (of livestock on the fen).
The code was drawn up by the Council of the Duchy of Lancaster at “The Great Inquest into The Soke of Bolingbroke”, held in 1548 and confirmed in Queen Elizabeth 1st reign in 1573 and remained in force (for two hundred years) until the enclosure of the fens in the eighteenth and nineteenth centuries."
During my visit to Lincolnshire Archives in September, I found all 72 fen laws published in
Lincolnshire Notes and Queries Volume
20 No 160 Page 58
By Charles Brears October 1928 Item 33
I was able to photograph all the pages and I now have been able to transcribe and publish on the internet for the first time.
THE FEN LAWS OF COMMON
Orders made
Anno Domini 1549 as well by the Council of the Court of Duchy of Lancaster as
the Great Inquest of Bolingbroke Soke in anno secondo Edwardi Sexto Regis
Anglicci (sic) renewed and likewise ordered by several Inquests since the year
aforesaid:
IMPRIS. It was
ordered that every Town within the Soke of Bolingbroke, and every Township
within the parts of Holland being Commoners (by Charter or otherwise) having
common in the Earl’s Fen, East Fen, and North Fen shall ordain and make to have
for every Town one true Brand and no more and it shall be named the Town’s
Brand, to continue for ever within every Town, which Brand shall continue from
time to time and be by the direction of the King’s Steward for the time being,
appointed to the Custody of one or two honest and Substantial Men of every Town
to the end that every man inhabiting within the Soke of Bolingbroke or within the
said Towns of Holland being Commoners in the said Fens shall repair and resort
to them from time to time for the said Brand to be branded upon the Flesh of
every of their Cattle or Horses or Beast which shall be put to feed or pasture
on the said Common or Fens, noting to the said persons which shall have the
Brand the true number of their Cattle and also shall certify unto the King’s
Court the mark or sign of every Brand in writing, on pain of default twenty
shillings.
2ND. It is
ordered that every one having Common in the Earl’s Fen, East Fen or North Fen,
which shall put any cattle in the said Fens to Feed or Pasture shall brand
their several Cattle in the Flesh, that is to say on the Buttock or Shoulder
with the Town’s Brand where the owner shall dwell or inhabit on pain of every
default 6s. 8d.
3RD. It is
ordered that if any man having Common in the said Fens do Brand or put to Feed
or Pasture in the said Common any but his or their own proper Cattle to lose to
the King or his Farmer for every horse or beast for the first default 6s. 8d.
and for every second default 8s. and 4d. and for every further default 20s.
4TH. It is
ordered that no outowner nor Foreigner having any Lands or Farms within the
Soke of Bolingbroke or within any of the Towns of Holland shall have or take
the Benefit of Commons or Fens with any of their Cattle except he or they Couch
from time to time within the Soke of Bolingbroke or Towns of Holland and so to
use the Common as a Commoner unless he be approved and agree with the King or
his Farmer, upon pain to lose for every Beast 10s. or for every Offence to lose
or forfeit 40s.
5TH. It is
ordered that no outowner or foreigner shall put any manner of Cattle as Horses,
Beast, Sheep or Swine into the said Commons or Fens to Feed or Pasture unless
he be approved and the number of Cattle entered into the approver’s book upon
pain to forfeit to the King or his farmer for every horse or beast 6s. 8d., and
for every sheep 12d., and for every swine 4d.
6TH. It is
ordered that none shall rouse, resist, turn, or shed, or put aside in the said
Fens any Cattle such as Beast, Sheep, Horses or Swine to be taken in the King’s
Drifts in the Commons or Fens from time to time but that all men shall aid or
diligently help the King’s Farmer or Approver or Deputy with the said Cattle at
the several Drifts to the Pinfold in pain to lose to the King or his Farmer for
every offence 40s.
7TH. It is
ordered that no man shall come into the Pinfold or place appointed for the
several drifts of Cattle as Horses, Beast, Sheep or Swine until the said Cattle
shall have been one hours space quietly upon pain to lose for every offence
20s.
8TH. It is
ordered that no man during the King’s Drifts of Cattle as Horses, Beast, Sheep
or Swine to be taken from time to time or at any time shall bring any Dog or
Dogs into the Fens or Commons with him but shall put him away on pain to lose
to the King or his Farmer for every offence 20s.
9TH. It is
ordered that none shall ride but leave their horse and go on foot to shed and
put forth their Cattle as Horses, Beast, Sheep or Swine out of the several
Drifts quietly on pain to lose to the King or his Farmer for every offence 20s.
10TH. It is
ordered that every one shall drive their Cattle as Horses, Beast, Sheep or
Swine approved or taken out of the Pinfold from the King’s Several Drifts to
their own Walks or Haunts, or one mile distant at least from the said Drift or
a place appointed on pain to lose to the King for every offence 6s. 8d.
11TH. It is ordered
that no Foreigner shall Fish or Fowl or gather any Turf or Fodder in the East,
West or North Fen unless they be approved or Licenced so to do by Writing under
the Approver’s hand on pain to lose to the King for such offence 20s.
12TH. It is
ordered that none shall Fish or Fowl in a place called Gowt-syke in the North
Fen or in any part of the said Syke but the King or his Farmer or the King’s
Officer as the Auditor or Receiver or such as shall be appointed there unto by
the King or his Farmer from time to time on pain to lose to the King or his
Farmer for every offence 20s.
13TH. It is
ordered that none shall keep any Foreigner’s Cattle but such as to be named and
known to be common Herdsmen and keepers of Cattle in the common Fens upon pain
for every offence 40s.
14TH. It is
ordered that no man shall keep any great Dogs or Mastiffs or other great Dogs
to bait any Cattle at their Dairy Houses in the Common Fens on pain for every
Dog so kept 6s. 8d.
15TH. It is
order that none shall take any Cattle out of their said walks in the said Fen
at any time but their own upon pain for every offence 10s.
16TH. It is
ordered that none shall make any Dunghills upon the Common upon pain for every
offence 6s.8d.
17TH. It is
ordered that no man shall put any scabbed Horses or Beasts infected with the
Murrain or any other disease into the Fen to Feed or Pasture upon pain for
every offence 10s.
18TH. It is
ordered that every Man having Cattle as Horses or Beasts dead upon the Commons
or Fens shall bury them within three days on pain of every offence 3s.4d.
19TH. It is
ordered that no Man shall wilfully Chase, Bait or Slait, any Cattle depastured
in the Fens with is Dogs or by any other means to disturb or to trouble any
Man’s Cattle as Horses, Beast, Sheep or Swine or Geese depastured upon the said
Common on pain for every offence 6s.8d.
20TH. It is
ordered that every Man that Graveth Sods in the Fen or taketh in any Sod Parks
shall forthwith and immediately finish the same on pain of every offence 3s.
4d.
21ST. It is
ordered that every Man shall fill his Sod Park dyke before Martinmas day yearly
upon pain of every default 3s. 4d.
22ND. It is
ordered that no man shall carry Sods or Turfs out of the said Fens before the
sun doth rise or after the sun doth set with his Carriage on pain of every
offence 20s.
23RD. It is
ordered that the inhabitants of the Frith against Earls Gate which hath any
Slows, Gates or Bridges opening upon the said Common shall sufficiently repair
them before Ascension Day yearly, and so keep them sufficiently repaired upon
pain of every offence 6s. 8d.
24TH. It is
ordered that all other persons having the like Slows, Gates or Bridges against
the Common Fens shall before the said day repair them sufficiently on pain of
every offence 6s. 8d.
25TH. It is
ordered that the inhabitants of Bennington shall well and sufficiently repair
Hilldike Bridge before the feast of Pentecost yearly on pain of every offence
20s.
26TH. It is
ordered that the inhabitants of Skirbeck shall sufficiently repair Cow-bridge
from time to time with Landing and the East side of Boston shall find wood for
the same and that the said Bridge shall have a Gate sufficient upon pain of for
every offence or default 20s.
27TH. It is
ordered that no man shall rate any Hemp or Flax in the Common Sewers or Drains
in the Fens or draw any Waters out of the said Sewers or Drains upon pain for
every offence 6s. 8d.
28TH. It is
ordered that no man shall put any sheep into the Fen or Commons without a Pitch
Brand of the Owners or of the Town’s Name wherein he dwelleth on pain for every
offence 10s.
29TH. It is
ordered that no man shall mark any sheep in the Fen, except he dwelleth in the
Fen, on pain for every default 10s.
30TH. It is
ordered that no man shall take any sheep but his Master’s and such as be free
Commoners by Charter or otherwise and so well known to be upon pain for every
sheep 4d and those sheep to be voided presently of the Common upon pain for
every sheep so offending after warning given 1s.8d.
31ST. It is
ordered that no man shall put any Swine into the Fen unrung, for if they be
taken there unrung to forfeit 4d.
32ND. It is
ordered that all men shall take their Rams and Ridelings out of the Fen or
Commons before the first day of August commonly called Lammas day yearly, and
that no man shall keep any Rams or Ridelings there until after St Luke’s Day
upon pain for every old Ram or Rideling 1s. and for every Tup, Lamb or Rideling
6d. for each offence.
33RD. It is ordered that no man shall put any Geese
into the Fen to feed or pasture unpinioned and not Footmarked. If they be taken
unfootmarked and pinioned the owner to forfeit for every offence 6d.
34TH. It is
ordered that no man shall drive any Geese out of the Fen but his own on pain
for every default 6s 8d.
35TH. It is
ordered that no Fowler shall carry, lead or leave any Dog in the Fen after
sunset in pain for every default 6s. 8d.
36TH. It is
ordered that no person shall keep any Sheep in flocks or otherwise shed out by
themselves in the Fen above 12 days together at any time through the year only
at Washing time upon pain for every default 40s.
37TH. It is
ordered that any man having lands abutting upon the Common Fens shall make his
Ditches or Fence sufficient against the said Fens, and so keep it sufficiently
repaired from time to time yearly upon pain for every rood undone 1s.
38TH. It is
ordered that no man shall dig any Pit or Pits in the Fens for Manure or Clay to
the prejudice of the soil unless he be licenced by the Approver upon pain for
every default 10s.
39TH. It is ordered
that if any man dig any Pit or Pits for Clay or other Manure in the Fens or
Commons that they shall fill the said Pits again with Manure or Dung within
fourteen days after upon pain for every default 6s. 8d.
40TH. It is
ordered that no man shall grave any Sods or Bobs in the Fens or Commons on the
Hills but he shall carry them away before Martinmas yearly on pain for every
default or offence 6s. 8d.
41ST. It is
ordered that no man shall bring up any Crane Birds out of the East Fen except
he hath witness thereof upon pain for ever default 20s.
42ND. It is
ordered that no man shall wash any sheep at Northdyke Bridge and that no man
shall go and stand upon the Binds there upon pain for every offence 6s. 8d.
43RD. It is
ordered that no man shall work upon the Common of East Fen without paying his
amercement of fine for breaking the soil where he liketh so that he cut through
no man’s works, or within forty foot one from another on pain for every offence
20s.
44TH. It is
ordered that none shall gather Wool being above twelve years of age except
Impotent persons, nor before the Sun’s rising nor after it’s setting from time
to time in the Common Fens upon pain for every default made there 3s. 4d
45TH. It is
ordered that no Butcher or any other person shall drive any Cattle as Beast,
Sheep or Swine out of the Fens or Common either of their own or any other
persons before Sun rise or after Sun set upon pain for every offence 10s.
46TH. It is
ordered that every Butcher shall make due proof of all such Cattle or Sheep as
he or they shall buy in the Common Fens, if they be thereof demanded, before
the Cattle be driven out of the Liberties of the said Commons or Fens, and to
Name and let be known the Seller thereof on pain for every default 40s.
47TH. It is
ordered that no herdsman or shepherd or any other person inhabiting within the
Fens or Commons or elsewhere shall take to keep or Pasture in the said Fens or
Commons any Foreigner’s Cattle as Horses, Beast, Sheep or Swine without the
consent of the Approver upon pain for every offence 40s.
48TH. It is
ordered that all men shall void their Cattle out of the East Fen before St
Barnabas Day yearly upon pain for every offence 20s.
49TH. It is
ordered that no Man shall Mow any reed, thatch, star or bolt in the Fen at any
time but such as be of two years growth or upwards upon pain to forfeit 10s.
50TH. It is
ordered that no Man shall sell any Turfs or Sods to any out owner or Foreigner
not inhabiting within the Soke of Bolingbroke upon pain for every load 1s. 8d.
51ST. It is
ordered that the Approver or his Deputies, when they shall drive woolard sheep,
shall keep the said sheep in Sibsey or where he shall make his fold by the
space of twenty four hours reconing from the first hour he doth begin about the
said drift and that he shall have and receive towards his charges 2d. for every
sheep that shall be borrowed (sic) within twenty four hours after pounding.
52ND. 1573 – 15th.
Reign of Elizabeth. It is ordered by Simon Mawer and his Fellows that the
Approver or his Deputies shall not drive any Horses or Beasts from the Fold
after the Drift or Drifts until such time as they shall have there remained in
the said Fold the space of twenty four hours reconing and counting from the
first hour that the said Approver or Deputies shall begin to go about any of
the said Drifts and according to ancient Custom the Approver to have and take
for every Horse and Beast there in the said Fold above twelve hours 2d. and for
every Horse and Beast being then kept twenty four hours 4d. and so rateably
after they be rated according to ancient Custom in consideration of his pains
and charges.
53RD. It is ordered that every Township in the parts
of Holland claiming Common in the West Fen shall at the next Court show to the
Queen’s Majesty’s Steward their several Charters or otherwise how they ought to
have and hold their Commons in the Fens.
54TH. It is
ordered that no Man shall foil or drive Cattle in time of Divine Service out of
the Fens or Commons on the Sabbath day or holy days throughout the year at any
time upon pain for every offence 3s. 4d.
55TH. It is
ordered that all old pains made heretofore shall stand and be in full force and
strengthened virtue 1573 Michaelmas anno 15th. Elizabeth.
56TH. It is
ordered on the Queen Majesty’s behalf by Mr Audit and Mr Receiver and others
the Queen Majesty’s Council that all the Commoners using or occupying any Horn
Brands for their Cattle shall deface them and use no other Town Brand but the
Common Town Brand to be set in the Flesh of every of the said Horses or Beast
according to the first order in that behalf made.
57TH. It is
ordered that every Commoner that shall take the benefit of the Fens with their
Cattle shall neither boat them nor make them bridges in the said Fens except in
Steeping Howdike upon pain for every offence 6s. 8d.
58TH. It is
ordered that no Man shall bring up any Swan, Crane, Bittern or any Fowl Eggs
except Ducks and Geese of the Fen upon pain for every offence 3s. 4d.
59TH. It is
ordered that no Man shall make any Stacks of Sods, Thatch, Reed or Fodder in
the Common Fens but shall take and carry the same away yearly before the
Annunciation of our blessed Lady, the Virgin Mary, upon pain for every offence
6s. 8d. and the same to be forfeited to the Approver to take away after the
said Feast.
60TH. It is
ordered that no Man shall keep Sheep in the Fens severally by themselves but in
Commonality at large upon pain for every offence 20s.
61ST. It is
ordered that every House which is Builded in the West or East Fens shall be
taken down before Michaelmas day yearly on pain for every offence 40s.
62ND. It is
ordered that no Man shall Mow any Fodder in the East or West Fens before
Midsummer day yearly, nor that any man shall have more than two men Mowing one
day, on pain for every offence 6s. 8d.
63RD. It is
ordered that no Man shall dig Sods or Turfs before the 10th day of
May yearly in the said Fens or Commons on pain for every offence 6s. 8d.
64TH. It is
ordered that no Man shall leave any Bobs or pieces of Bobs in the Drains
whereby to stop the Passage of the Water upon pain for every offence 6s. 8d.
65TH. It is
ordered that every Town in the Soke of Bolingbroke and the Commoners in Holland
shall hook or dyke the drain leading to Anthony’s Gowt, every Town their part
as formerly hath been on pain for every rood undone at Michaelmas 6s. 8d.
66TH. It is
ordered that every Man that graveth Sods or other Fuel in the Fens shall carry
them away before Martinmas day yearly on pain in default thereof 3s. 4d.
67TH. It is
ordered that no Man shall put, keep or suffer in or upon the Fens any Stoned
Horses to Pasture or Feed, the said Horses being above two years old and under
thirteen hands high measured from the lowest part of the hoof of the forefoot
unto the highest part of the withers, every hand to contain four inches by the
standard on pain for every offence 6s.8d.
68TH. It was
ordered (July 3rd, 1684 last by John King, Gentleman, foreman and
the rest of his Fellows of the Jury) that no manner of Person or Persons shall
with any sort of Nets or other Engine take or kill any Fowl called moulted
Ducks in any of the Fens before the Feast called John the Baptist or Midsummer
day yearly and every year hereafter on pain for every offence 40s.
69TH. It is
ordered that no Man shall cut any Withys in the Fen but after Michaelmas day or
before May day on pain for every offence 6s. 8d.
70TH. It is
ordered than none shall hook or otherwise cut any Matts before Midsummer day
sun rise yearly on pain for every offence 10s.
71ST. It is ordered
that no Man shall hook any reed after Lady day, nor mow any reed or thatch after
May day yearly on pain for every offence 6s. 8d.
72ND. It is
ordered that no Man shall bind up any Thatch in the said Fens or Commons but
every sheaf shall be a whole yard in compass between knot and knot on pain for
every 100 of Thatch 6s. 8d.
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