THE SIXTEENTH CENTURY
When I started on my researches into the lives of my Askew ancestors who lived on the border of the East Fen in Lincolnshire, I had not intended to go back to the sixteenth century; I have only traced the family back to the eighteenth. However, if there are earlier ancestors (and it is Rex Sly in his book From Punt to Plough who suggests that fen families tend to go back generations), then the fen laws contained in The Great Inquest into the Soke of Bolingbroke held in 1548 that is described below, would have affected them directly. These laws remained in force until the fens were enclosed, over two hundred years later. There is little doubt that my ancestors would have lived and worked under these rules for generations.
THE SOKE OF BOLINGBROKE
The Ascoughs lived in Toynton St Peter and Toynton All Saints, villages in the Soke of Bolingbroke This is an ancient administrative district is covering the East and West Fens and the surrounding area, with its centre in the village of Bolingbroke in South Lincolnshire. The boundary of the Soke is shown in R C Wheeler’s “Maps of the Witham Fens”. MAP NO 5 in the section MAPS OF EAST FEN is Wheeler’s Map No 8 (“A Description of Wildmore Fen, West Fen and East Fen etc” dated 1661 by an unnamed person) is a copy dated c1793. Wheeler says “The map appears to show the boundaries of the Soke of Horncastle, the Soke of Bolingbroke etc”.
In Wheeler’s more detailed Map No 12 “A Map of The Levels in Lincolnshire commonly called Holland” by William Stukeley dated 1723, (MAP NO 7 in the section MAPS OF EAST FEN), Wheeler says that the boundary may have been taken from Map No8. However, for Map No 12, Herman Moll was the engraver and cosmographer (the science of mapmaking). As Herman Moll acknowledges, William Stukeley (an antiquarian) presented him with the design of the 1723 map. By this he obviously meant the internal Roman Road layout which had been part of the research by William Stukeley at the Society of Antiquaries. This information came from several documents of Roman origin.” (cartographyunchained.com).
The extract from this map below shows a dotted line which indicates the boundary of the Soke of Bolingbroke.
When I started on my researches into the lives of my Askew ancestors who lived on the border of the East Fen in Lincolnshire, I had not intended to go back to the sixteenth century; I have only traced the family back to the eighteenth. However, if there are earlier ancestors (and it is Rex Sly in his book From Punt to Plough who suggests that fen families tend to go back generations), then the fen laws contained in The Great Inquest into the Soke of Bolingbroke held in 1548 that is described below, would have affected them directly. These laws remained in force until the fens were enclosed, over two hundred years later. There is little doubt that my ancestors would have lived and worked under these rules for generations.
THE SOKE OF BOLINGBROKE
The Ascoughs lived in Toynton St Peter and Toynton All Saints, villages in the Soke of Bolingbroke This is an ancient administrative district is covering the East and West Fens and the surrounding area, with its centre in the village of Bolingbroke in South Lincolnshire. The boundary of the Soke is shown in R C Wheeler’s “Maps of the Witham Fens”. MAP NO 5 in the section MAPS OF EAST FEN is Wheeler’s Map No 8 (“A Description of Wildmore Fen, West Fen and East Fen etc” dated 1661 by an unnamed person) is a copy dated c1793. Wheeler says “The map appears to show the boundaries of the Soke of Horncastle, the Soke of Bolingbroke etc”.
In Wheeler’s more detailed Map No 12 “A Map of The Levels in Lincolnshire commonly called Holland” by William Stukeley dated 1723, (MAP NO 7 in the section MAPS OF EAST FEN), Wheeler says that the boundary may have been taken from Map No8. However, for Map No 12, Herman Moll was the engraver and cosmographer (the science of mapmaking). As Herman Moll acknowledges, William Stukeley (an antiquarian) presented him with the design of the 1723 map. By this he obviously meant the internal Roman Road layout which had been part of the research by William Stukeley at the Society of Antiquaries. This information came from several documents of Roman origin.” (cartographyunchained.com).
The extract from this map below shows a dotted line which indicates the boundary of the Soke of Bolingbroke.
THE GREAT INQUEST INTO THE SOKE OF BOLINGBROKE
As early as1549, during the reign of Edward VI, a code of fen laws was enacted to define the rights and privileges of the commoners and to resolve disputes and prevent robbery. The Council of the Duchy of Lancaster, at The Great Inquest of the Soke of Bolinbroke held in 1548, drew up the code, which was confirmed by Elizabeth I in 1573. The Soke being a collection of villages around Bolingbroke, the administrative centre to the north of East Fen and to the west of the Toyntons. See boundary on the map above.
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 William Henry Wheeler’s “A History of the Fens of South Lincolnshire”. 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. The code consisted of seventy-two articles, some of which are detailed as follows:
One of the first rules related to the brands or marks which each person who stocked the fens was required to place upon his cattle. Each parish had a separate mark (Toynton’s mark was a simple “X”) and no man was allowed to turn cattle out to common until they were marked with the town brand.
No foreigner, or person not having common right, was allowed to put cattle on the fen, under a penalty of forty shillings, or gather any turbary (the legal right to cut peat or turf for fuel on common land) or fodder (coarse grass) in the East Fen without a licence. No fodder was to be mown in the East or West Fen before Midsummer-day.
There were penalties for all sorts of other offences: putting diseased cattle on the fen, disturbing cattle with dogs, leaving any dead animal, putting swine on the fen, taking or leaving dogs there after sunset. Rams were not allowed on the fen between St Luke’s Day (18th October) and Lammas (a festival day in August). No reed thatch, reed star, or bolt (premature stalk of a flowering stem) was to be mown before two years growth, wythes (from the willow tree) were only to be cut between Michaelmas (29th September) and May-day. No eggs were to be taken out of the fen except for ducks or geese. No person was allowed to use any sort of net or device to take or kill any fowl called moulted ducks, in any of the fens before Midsummer-day. (Ian D Rotherham in his book The Lost Fens says this is because this is the time the ducks moult their wing feathers and are flightless and vulnerable for several weeks).
A code of seventeen articles was also devised by the fisherman’s jury relating to fishing in the fens, mainly about the use and kind of nets. The principal fish were pike, eels, roach and perch.
Before being sent into the common fen, the livestock were collected at certain defined places and marked, and again, being taken out in autumn, they were brought to the same place to be claimed by their owners.
I then found a copy of all seventy-two laws during my visit to Lincoln Archives. They appear in:
Lincolnshire Notes and Queries Volume 20 No 160 Page 58
By Charles Brears October 1928 Item 33
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.
I believe these rules serve as an introduction to how poor families were able to thrive on this desolate but fruitful landscape. They stayed in place for two hundred years until drainage and enclosure of fens resulted in the loss of these vast tracts of common land.
EARLY ATTEMPTS AT DRAINING THE FENS
R C Wheeler includes in his Maps of the Witham Fens (his Map No 4) a Map, probably from 1585, of the Level North East from Boston probably by John Hexham 1568-1599: See MAP NO 4 in the section MAPS OF EAST FEN.
There were penalties for all sorts of other offences: putting diseased cattle on the fen, disturbing cattle with dogs, leaving any dead animal, putting swine on the fen, taking or leaving dogs there after sunset. Rams were not allowed on the fen between St Luke’s Day (18th October) and Lammas (a festival day in August). No reed thatch, reed star, or bolt (premature stalk of a flowering stem) was to be mown before two years growth, wythes (from the willow tree) were only to be cut between Michaelmas (29th September) and May-day. No eggs were to be taken out of the fen except for ducks or geese. No person was allowed to use any sort of net or device to take or kill any fowl called moulted ducks, in any of the fens before Midsummer-day. (Ian D Rotherham in his book The Lost Fens says this is because this is the time the ducks moult their wing feathers and are flightless and vulnerable for several weeks).
A code of seventeen articles was also devised by the fisherman’s jury relating to fishing in the fens, mainly about the use and kind of nets. The principal fish were pike, eels, roach and perch.
Before being sent into the common fen, the livestock were collected at certain defined places and marked, and again, being taken out in autumn, they were brought to the same place to be claimed by their owners.
I then found a copy of all seventy-two laws during my visit to Lincoln Archives. They appear in:
Lincolnshire Notes and Queries Volume 20 No 160 Page 58
By Charles Brears October 1928 Item 33
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.
I believe these rules serve as an introduction to how poor families were able to thrive on this desolate but fruitful landscape. They stayed in place for two hundred years until drainage and enclosure of fens resulted in the loss of these vast tracts of common land.
EARLY ATTEMPTS AT DRAINING THE FENS
R C Wheeler includes in his Maps of the Witham Fens (his Map No 4) a Map, probably from 1585, of the Level North East from Boston probably by John Hexham 1568-1599: See MAP NO 4 in the section MAPS OF EAST FEN.
R C Wheeler says: It provides the earliest depiction of drainage of the East, West and Wildmore Fens. It is unsurprising that they all fell foul of Charles 1’s enthusiasm for draining and enclosing anything that could be declared to be “annoyed by floods”, regardless of the interest of those holding rights of common. The “undertakers” (Sir Anthony Thomas etc) were to receive one half of East Fen and one quarter of the other two fens.
The resistance of the commoners is described in Lindley. They destroyed the works (to West Fen?) in 1642 and the Civil War left them in control.
In his book, W H Wheeler describes the number of attempts through the centuries to deal with the flooding of this valuable land. From an inquisition in the reign of Richard II into the Goodyke Sewer and other means of ineffectual drainage. Through Tudor times including repairs to Fendyke Bank.
His chapter on The Court of Sewers (mentioned in the section on The Ancient Fen) explains how commissions were originally set up to deal with sea banks and defences and then were extended to cover all watercourses and streams which were called sewers in old language. During the reign of Henry VIII, parliament passed a Bill of Sewers which gave the Chancellor rights to set up Courts of Sewers. Wheeler says the Courts were there for the “preservation of marsh and low lands, the maintenance of sea banks and other defences etc”.
Up until the start of the seventeenth century, little was done to drain the fens of mid Lincolnshire (West Fen, East Fen and Wildmore Fen), since Roman times. With regard to East Fen, the map above shows Toynton Beck being the main source of draining the run off from the Lincolnshire Wolds north of the Fen. This flows into the Steeping River running along the eastern boundary of the Fen alongside part of the centuries old Fendyke Bank that runs along the east and southern boundaries of the fen as indicated on the map.
However, there were attempts to enlarge some of the early drains in the East and West Fens and these are recorded by the Duchy of Lancaster in 1532. Wainfleet Haven was thought to be unsuitable as an outlet for the water, which was consequently routed to the River Witham and the Boston Haven. The first Maud Foster drain was cut in 1568, from Cowbridge to Boston Haven. But there was no improvement to these waterlogged fens. Although these works would not in any case made any difference to the state of East Fen as they were well to the west of the Deeps.
DRAINAGE TERMINOLOGY
Rex Sly has a section in his book From Punt to Plough that explains fenland drainage: “The complex drainage system we have in the Fens today has been created over a period of almost 1500 years.
To understand the intricate network of drains, rivers and bridges, together with pumps, slices and slackers, we must look back in time to look at man’s achievements and failures. The devices that control water flow for field irrigation are known as 'slackers' which are simply small sluice gates. Elsewhere they are often called penstocks.
A sluice is a water channel, often with a slight slope, where flow is controlled from one end, usually the higher or upstream end, by a plate known as a 'gate' that can be lifted to allow water to flow under it.
Gates generally slide vertically in grooves in a surrounding frame or set into the sides of the channel. They can be operated automatically but more often are manually controlled by a hand wheel turning a threaded rod which passes through a threaded boss fixed to the frame top or a girder above the gate, then down to the top of the gate. When the hand wheel is turned the rod revolves, moving up or down through the fixed boss nut, so raising or lowering the gate. Other methods include rack and pinion, and rope winches.
Slacker construction will depend on size and water pressure. The earliest slackers were completely wooden. I have only found one so far, and that is some way outside the washes. Then came slackers with an iron framework and a wooden gate, or all-metal ones.