Ruling the Commons. Introducing a new methodology for the analysis of historical commons

Tine de Moor; Miguel Laborda-Pemán; José Miguel Lana-Berasain; René van Weeren; Angus Winchester

doi:10.18352/ijc.760

Figures & Tables

Table 1:

Overview of case studies.

Netherlands	Berkum	Het Gooi	Rozengaard	Raalterwoold	Bestmen	Geesteren-Mander-Vasse	Coevorden	Dunsborger-Hattemer	Exel
Earliest activity year	1300	1404	1417	1445	1458	1498	1545	1550	1616
Abolishment year	1995	1972	1859	1840	1853	1847	1860	c. 1850	1852
Longevity	695	568	442	395	395	349	315	297	236
# Regulation changes	37	9	34	14	17	12	39	8	7
# Years between changes^a	19	63	13	28	23	29	8	37	34
# Individual rules	220	729	264	751	156	332	211	246	371
# Rules per regulation change^a	6	81	8	54	9	28	5	41	53

England	Eskdale	Alston Moor	Nether Wasdale	Thornthwaite	Millom	Braithwaite-Coledale	Watermillock	Hutton-in-the-Forest
Earliest activity year	1587	c. 1500	1679	1612	1511	1671	1615	1637
Abolishment year	Until today	1820	Until today	Until today	Until today	Until today	1835	1819
Longevity^b	338	c. 320	246	313	414	254	220	182
# Regulation changes	17	2	23	26	32	23	17	2
# Years between changes^a	15	91	8	6	5	6	5	7
# Individual rules	104	25	73	50	96	61	36	18
# Rules per regulation change^a	6	13	3	2	3	3	2	9

Spain	Bardenas Reales	Sierra de Lokiz	Valle de Roncal	Irurre	Olejua	Etayo	Ancín	Murieta	Sada
Earliest activity year	1498	1357	1345	1541	1541	1585	Before 1692	1574	Before 1661
Abolishment year	Until today	Until today	Until today	Until today	Until today	Until today	Until today	Until today	Until today
Longevity	516	657	669	473	473	429	>322	440	353
# Regulation changes	2	3	4	2	3	3	3	2	2
# Years between changes^a	213	94	59	113	69	46	44	67	0
# Individual rules	411	126	206	77	110	343	148	203	60
# Rules per regulation change^a	206	42	52	39	37	114	49	102	60

^aAverage.

^bThe figures have been calculated from the earliest surviving regulation to either the date of dissolution or (where the common remains in existence) the year 1925, which effectively saw the end of most manorial courts.

figures/ijc2016-2016048_fig_001.jpg — Handwritten regulations of the mark Berkum, the Netherlands.

Table 2:

Overview of Individual Rules by Category (% Total Rules).

Netherlands	Berkum	Het Gooi	Rozengaard	Raalterwoold	Bestmen	Geesteren	Coevorden	Dunsborger-Hattemer	Exel
Access	3	4	1	7	2	1	8	5	2
Use	40	70	35	43	58	40	46	52	54
Management	17	18	25	19	8	18	17	17	10
Governance	41	10	39	31	31	41	29	26	35

England	Eskdale	Alston Moor	Nether Wasdale	Thornthwaite	Millom	Braithwaite-Coledale	Watermillock	Hutton-in-the-Forest
Access	0	0	1	2	2	0	8	11
Use	78	100	74	92	95	97	83	78
Management	2	0	4	2	1	1	0	0
Governance	20	0	20	4	2	1	8	11

Spain	Bardenas Reales	Sierra de Lokiz	Valle de Roncal	Irurre	Olejua	Etayo	Ancín	Murieta
Access	4	1	3	3	1	1	4	2
Use	58	74	51	55	71	44	46	65
Management	21	12	15	7	12	25	25	24
Governance	17	13	31	35	15	31	24	10

Table 3:

Percentage of Individual Rules without Sanction and Longevity in Dutch Commons.

Netherlands	Without sanction	With sanction	Years of survival
Berkum	70	30	695
Rozengaarde	67	33	442
Raalterwoold	66	34	395
Bestmen	51	49	395
Geesteren-Mander-Vasse	60	40	349
Coevorden	69	31	315
Dunsborger-Hattemer	52	48	297
Exel	48	52	236
Average all	62	38	390

Note: For more details and additional tables, see De Moor and Tukker 2015.

Main Table Commons

Name	Type of data	Specification	Min. length	Max. length	Link subt?	Name related subtable	Description	Oblig.?
Common ID	Autonumbers	Automatic Numbers	1	4	No	–	ID of common; primary key.	Yes, however added by system automatically
Common Name Main	Text	Free text; name as locally used	1	255	No	–	Field to enter the most commonly used name of the common concerned.	Yes
Common Name Alias	Text	Free text; names as locally used	0	255	No	–	Field to enter alternative names for common concerned.	No
Country Name	Text	Text from fixed selection options	n/a	n/a	Yes	Subt C Country	Indicates country where common is located. Select from existing options or add new country.	Yes
Region Name	Text	Text from fixed selection options	5	5	Yes	Subt C Region	Indicates region where common is located. Select from existing options or add new region.	Yes
Location	Text	Free text, name as locally used	1	50	No	–	Indicates name of town/village common is situated.	Yes
Location Specific	Text	Free text, names as locally used	0	255	No	–	Field for further specification location (if applicable).	No
Location Cadastral	Text	Free text	0	50	No	–	Field for entering cadastral designation of common (if known/applicable).	No
Type of Common	Text	Free text	0	50	No	–	Indicates type of common as mentioned locally.	No
Start Year Estimated	Text	Free text	0	50	No	–	Field to enter estimated year of start common (e.g. before 1352, 1450–1506, etc.).	No
Start Year Exact	Text(may be changed to numeric)	Free text (may be changed to 4 digits, integer, between 1000 and 2012)	0	4	No	–	Field to enter exact year of start common (if known).	No
End Year Estimated	Text	Free text	0	50	No	–	Field to enter non-exact year of end common (e.g. before 1352, 1450–1506, etc.).	No
End Year Exact	Text(may be changed to numeric)	Free text (may be changed to 4 digits, integer, between 1000 and 2012)	0	50	No	–	Field to enter exact year of end common (if known).	No
Surface Estimated Year	Text(may be changed to numeric)	Free text (may be changed to 4 digits, integer, between 1000 and 2012)	0	50	No	–	Field to enter year that the estimated surface (if known) applies to.	No
Surface Estimated Original	Text	Free text	0	255	No	–	Field to enter the original description of the estimated surface.	No
Surface Estimated Amount	Numeric	Either integers or digital fractions (2 1/2 becomes 2,5)	0	n/a	No	–	Field to enter the amount of the estimated surface (only numeric, so without the unit of measure, e.g. in case of 14 hectares, enter 14).	No
Surface Estimated Unit	Text	Text from fixed selection options	0	50	Yes	Subt C Surface Unit	Select option form existing selection, or use Add new to enter new measure of surface unit.	No
Chairman Assembly Type	Text	Text from fixed selection options	0	50	Yes	Subt C Type chairman assemblee	Indicates whether the position of chairman was subject to election, or to the ownership of a specific estate (erfmarkerichter). In case both options were applicable to the common concerned, select the option both. In case new selection forms for the type of chairman of the assembly are required, use Add New to add additional options.	Yes
Chairman Assemblee Remarks	Text	Free text	0	255	No	–	Field to enter any remarks on election chairman assemblee mark.	No
Information Land Division	Yes/No	Ticker box	–	–	No	–	Checked in case sources contain information on Land Division; default value=No (0)	No, default value = 0
Information Land Sale	Yes/No	Ticker box	–	–	No	–	Checked in case sources contain information on Land Sale; default value=No (0)	No, default value = 0
History of Common	Memo	Free text	0	unlim.	No	–	Field used to describe history of common	No
Remarks General	Text	Free text	0	255	No	–	Field used to enter general remarks	No

Main Table Original Rules

Name	Type of data	Specification	Min. length	Max. length	Link subt?	Name related subtable	Description	Oblig.?
Original_Rules ID	Autonumbers	Automatic Numbers	1	4	No	–	ID of Original Rule; primary key.	Yes
Common Name	Text	Text form fixed selection options	n/a	n/a	Yes	Main Table Commons	Name of common concerned, select from list.	Yes
Rule Date Recorded [Day]	Numeric	Integer, >0 and <32	1	2	No	–	Field to enter day of the date rule has been made. In case of copy of older regulation as a repetition, enter day of copy. You can also use the calendar function.	No
Rule Date Recorded [Month]	Numeric	Integer, >0 and <13	1	2	No	–	Field to enter month of the date rule has been made. In case of copy of older regulation as a repetition, enter day of copy. You can also use the calendar function.	No
Rule Date Recorded [Year]	Numeric	Integer, 4 digits, >1000 and <2012	4	4	No	–	Field to enter year of the date rule has been made. In case of copy of older regulation as a repetition, enter day of copy. You can also use the calendar function.	No
Rule Date Recorded Approximated	Text	Free text	0	50	No	–	Field to enter estimated date of making regulation.	No
Rule Date Original Day	Numeric	Integer, >0 and <32	1	2	No	–	In case regulation has been copied from earlier regulation in order to repeat the rule, this field is meant to enter the oldest day of the date original regulation. You can also use the calendar function.	No
Rule Date Original Month	Numeric	Integer, >0 and <13	1	2	No	–	In case regulation has been copied from earlier regulation in order to repeat the rule, this field is meant to enter the oldest month of date original regulation. You can also use the calendar function.	No
Rule Date Original Year	Numeric	Integer, 4 digits, > 1000 and <2012	4	4	No	–	In case regulation has been copied from earlier regulation in order to repeat the rule, this field is meant to enter the oldest year of date original regulation. You can also use the calendar function.	No
Rule Date Original Approximated	Text	Free text	0	50	No	–	Field to enter estimated date of recording copied regulation.	No
Place Involved	Text	Free text; names as locally used	0	50	No	–	Field to enter name of place, in case regulation concerns specific place.	No
Rule Number	Numeric	Integer, > 0	1	2	No	–	Field to enter number rule given within regulation, only to be entered if specific number has been given within original source.	No
Text Transcription	Memo	Free text	1	unlim.	No	–	Field to enter the text as mentioned in the original source.	Yes
Text Translation (EN)	Memo	Free text	1	unlim.	No	–	Field to enter translation of Text Transcription into modern English.	Yes
Remarks	Memo	Free text	0	unlim.	No	–	Field to enter general remarks.	No

Main Table Individual Rules

Name	Type of data	Specification	Min. length	Max. length	Link subt?	Name related subtable	Description	Oblig.?
Individual Rules ID	Autonumbers	Automatic Numbers	1	4	No	–	ID of Individual Rule; primary key.	Yes
Common Name	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table Commons	Name of common concerned, select from list	Yes
Original Rule	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table original Rules	Displays only the Original Rules entered for this common. Select from option list	Yes
Text_Translation_EN	Memo	Free text	1	unlim.	No	–	Field to enter full text by copying from same field in _Main_table_OriginalRules or selection of that field in case there are more Individual Rules within related Original Rule.	Yes
Rule Category	Text	Fixed text from selection options	n/a	n/a	Yes	Subt Ir Rulecategory	Identifies the category of rule. Select from options list. In case of need for additional categories, contact database manager.	Yes
Rule Form	Text	Fixed text from selection options	n/a	n/a	Yes	Subt Ir Ruleform	Identifies the form of rule. Select from options list.	Yes
Rule Sequence	Text	Preselected options, RUS, followed by 3 characters identifying sequence of rule	6	6	Yes	Subt Ir Rulesequence	Identifies the sequence of rule. Select from options list. In case of need for additional categories, contact database manager.	Yes
Decision makers	Text	Free text	0	50	No	–	Field to enter Decision makers, whenever mentioned explicitly in source.	No
Use General	Text	Fixed text from selection options	n/a	n/a	Yes	Subt Ir Usegeneral	Identifies the general kind of resource use the rule applies to. Select from options list. In case of need for additional categories, contact database manager.	Yes
Use Specific	Text	Fixed text from selection options	n/a	n/a	Yes	Subt Ir Usespecific	Identifies the specific kind of resource use the rule applies to. Select from options list. In case of need for additional categories, contact database manager.	Yes
Governance_General	Text	Fixed text from selection options	n/a	n/a	Yes	Subt Ir Governancegeneral	Identifies the general kind of governance the rule applies to. Select from options list. In case of need for additional categories, contact database manager.	Yes
Governance_Specific	Text	Fixed text from selection options	n/a	n/a	Yes	Subt Ir Governancespecific	Identifies the specific governance the rule applies to. Select from options list. In case of need for additional categories, contact database manager.	Yes
Activity	Text	Free text	0	50	No	–	Field to enter specific activity/-ies mentioned within the source.	No
Resource Location	Text	Free text	0	255	No	–	Field to enter specific location rule refers to, if mentioned.	No
Resource Amount	Text	Free text	0	50	No	–	Field to enter amount mentioned in the rule. Text used in stead of numeric for being able to copy all data from previous datasets.	No
Resource Unit	Text	Free text	0	50	No	–	Field to enter unit mentioned in the rule. Text used in stead of numeric for being able to copy all data from previous datasets.	No
Resource Inexact	Text	Free text	0	255	No	–	Field to enter description of amount, in case amount is not in specific numbers and units.	No
Party Category	Text	Free text	0	255	No		Identifies the categories of parties the rule applies to.	Yes
Party Subcategory	Text	Free text	0	255	No		Identifies the subcategory of parties the rule applies to.	Yes
Party Specific	Text	Free text	0	255	No		Identifies the specific party the rule applies to.	Yes
Resource Time Start	Text	Free text	0	50	No	–	Field to enter starting time of period mentioned in rule, if mentioned.	No
Resource Time End	Text	Free text	0	50	No	–	Field to enter end time of period mentioned in rule, if mentioned.	No
Resource Technology	Text	Free text	0	50	No	–	Field to enter technology mentioned in rule, if mentioned.	No
Resource Harvesting Remarks	Text	Free text	0	50	No	–	Field to enter eventual remarks on harvesting resource.	No
Resource Intended Use	Text	Free text	0	50	No	–	Field to enter intended use of resource, if mentioned in the source.	No
Rule Primary Condition	Text	Free text	0	50	No	–	Field to enter primary condition, if mentioned in the source.	No
Rule Secundary Condition	Text	Free text	0	50	No	–	Field to enter secondary condition, if mentioned in the source.	No
Rule Tertiary Condition	Text	Free text	0	50	No	–	Field to enter tertiary condition, if mentioned in the source.	No
Remarks Use	Memo	Free text	0	unlim.	No	–	Field to enter remarks on rules which concern Rule Category Use.	No
Remarks Access	Memo	Free text	0	unlim.	No	–	Field to enter remarks on rules which concern Rule Category: Access.	No
Remarks Management	Memo	Free text	0	unlim.	No	–	Field to enter remarks on rules which concern Rule Category: Management.	No
Remarks GovStruct	Memo	Free text	0	unlim.	No	–	Field to enter remarks on rules which concern Rule Category: Governance Structure	No

Main Table Sanctioning (general)

Name	Type of data	Specification	Min. length	Max. length	Link subt?	Name related subtable	Description	Oblig.?
Sanctioning General ID	Autonumbers	Automatic Numbers	1	4	No	–	ID of SanctioningGeneral; primary key.	Yes
ID Common New	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table Commons	Name of common concerned, select from list	Yes
Individual Rule ID	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table Individual Rules	Displays only the Individual Rules entered for this common. Select from option list	Yes
Liability Clause	Text	Text from fixed selection options	n/a	N/a	Yes	Subt SC Liabilityclause	Identifies whether and if so, what kind of liability applies. Select from options list. In case of need for additional categories, contact database manager.	Yes
Party Suffering	Text	Text from fixed selection options	n/a	N/a	Yes	Subt SC Partysuffering	Identifies the party that suffers most from committed offences. Select from options list. In case of need for additional categories, contact database manager.	Yes
Party Offending	Text	Text from fixed selection options	n/a	N/a	Yes	Subt SC Partyoffending	Identifies the party that commits the offence. Select from options list. In case of need for additional categories, contact database manager.	Yes
Rule Trigger	Text	Text from fixed selection options	n/a	N/a	Yes	Subt SC Ruletrigger	Identifies the way in which the rule will be triggered and will be executed upon offender. Select from options list. In case of need for additional categories, contact database manager.	Yes
Graduated	Text	Text from fixed selection options	n/a	N/a	Yes	Subt SC Sanctiongraduated	Identifies graduation of the sanctioning. Select from options list. In case of need for additional categories, contact database manager.	Yes
Differentiated	Text	Text from fixed selection options	n/a	N/a	Yes	Subt SC Sanctiondifferentiated	Identifies differentiation of the sanctioning. Select from options list. In case of need for additional categories, contact database manager.	Yes
Harm Type	Text	Text from fixed selection options	n/a	N/a	Yes	Subt SC Harmtype	Identifies the type of harm caused to the offence committed. Select from options list. In case of need for additional categories, contact database manager.	Yes
Description	Text	Free text	0	50	No	–	Field to enter description of sanction (in case mentioning the individual elements in the aforementioned field do not provide sufficient information).	No
Duration	Text	Free text	0	50	No	–	Field to enter duration of sanction, if mentioned.	No
Remarks	Memo	Free text	0	unlim.	No	–	Field used for entering general remarks on Sanctioning.	No

Main Table Sanctioning (specific)

Name	Type of data	Specification	Min. length	Max. length	Link subt?	Name related subtable	Description	Oblig.?
Sanctioning Specific ID	Autonumbers	Automatic Numbers	1	4	No	–	ID of Sanctioning Specific; primary key.	Yes
ID Common New	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table Commons	Name of common concerned, select from list	Yes
ID Individual Rule	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table Individual Rules	Referring to ID Individual Rules this Sanctioning relates to. Select from options list.	Yes
ID Sanctioning (general)	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table Sanctioning (general)	Referring to ID of Sanctioning General where this Sanctioning Specific relates to.	Yes
SC Imposed Unit	Text	Text from fixed selection options	n/a	n/a	Yes	Subt SC Sanctionunit	Identifies the unit of sanction applied, if mentioned. Select from options list. In case of need for additional categories, contact database manager.	No
SC Imposed Amount	Numeric	Integer or digital fractions, >0	0	7	No	–	Field to enter number of units of sanctioning, if mentioned.	No
SC Imposed PerGeneral	Text	Text from fixed selection options	n/a	n/a	Yes	Subt SC Imposedpergeneral	Identifies the general unit the sanctioning is based on (per offence, per quantity-Amount, per Quantity-Time). Select from options list. In case of need for additional categories, contact database manager.	No
SC Imposed PerSpecific	Text	Text from fixed selection options	n/a	n/a	Yes	Subt SC Sanctionperspecific	Identifies the specific unit the sanctioning is based on (per offence-transgression, per animal, et cetera). Select from options list. In case of need for additional categories, contact database manager.	No
SC Type	Text	Text from fixed selection options	n/a	n/a	Yes	Subt SC Type	Identifies the general type of sanctioning concerned. Select from options list. In case of need for additional categories, contact database manager.	No
Remarks	Memo	Free text	0	unlim.	No	–	Field used for entering general remarks on Sanctioning.	No

Main Table Subdivision

Name	Type of data	Specification	Min. length	Max. length	Link subt?	Name related subtable	Description	Oblig.?
Sanctioning Specific ID	Autonumbers	Automatic Numbers	1	4	No	–	ID of Sanctioning Specific; primary key.	Yes
ID Common New	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table Commons	Name of common concerned, select from list	Yes
ID Individual Rule	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table Individual Rules	Referring to ID Individual Rules this Sanctioning relates to. Select from options list.	Yes
ID Sanctioning (general)	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table Sanctioning (general)	Referring to ID of Sanctioning General where this Subdivision relates to. Slect form options list.	Yes
ID Sanctioning (specific)	Text	Text from fixed selection options	n/a	n/a	Yes	Main Table Sanctioning (specific)	Referring to ID of Sanctioning Specific where this Subdivision relates to. Select from options list.	Yes
SC Subdivision	Text	Text from fixed selection options	n/a	n/a	Yes	Subt SC Sanctionsubdivision	Identifies the way in which the revenues of the sanction will be divided. Select from options list. In case of need for additional categories, contact database manager.	No
SC Subdivision Party Remarks	Memo	Free text	0	255	No	-	Field used for entering general remarks on party subdivision.	No
SC Subdivision Party	Text	Text from fixed selection options	n/a	n/a	Yes	Subt SC Subdivision Party	Identifies the party who will receive the revenues of the sanction. Select from options list. In case of need for additional categories, contact database manager.	No

Access	Regulations specifying who was entitled to use the marke, either implicitly or explicitly excluding all other persons.
	Regulations specifying the conditions for being admitted as entitled user.
	Regulations forcing those not entitled to correct their unjustified use (e.g., the obligation to remove their animals from the lands of the marke).
	Regulations prohibiting the use of resources by non-members who are using ‘strawmen’.
	Regulations prescribing former members to leave the marke or the common land.
	Regulations prohibiting non-members to gain any profit from resources of the marke (e.e., the prohibition to export any resource or to sale these resources outside of the marke).
Use	Regulations prohibiting specific use or action to all, regardless whether being a member or not.
	Regulations providing specifications on the way to use resources to those being entitled to use these resources.
	Regulations prescribing obligations concerning physical action (e.g., maintenance of drainage system, maintaining fields properly, coevring up lands).
	Regulations granting permission to specified members.
Management	Regulations granting general management permissions to the benefit of the members as a whole (e.g., the permission to sell land to the benefit of the marke).
	Regulations specifying obligations concerning non-physical action (e.g., being present at meeting, notifying superiors).
	Regulations regarding financial obligations for members.
	Regulations based on ‘higher’ regulations, sometimes originating from ancient times (e.g., exemption from taxes for ‘havezaten’).
	Regulations about procedures of meetings.
Governance structure	Regulations with a direct link to the management structure of the marke (e.g., the frequency of meetings, the way regulations were notified to the public).
	Regulations determining who should execute sanctions and/or in which way.
	Regulations regarding appointment of officials.
	Regulations specifying the tasks of officials within the marke.
	Regulations regarding the authorization of officials to act on behalf of the marke.

Permission*	Regulations granting permission to use (resources of) the common in general or to specific (group of) members.
	Regulations granting permission to specific members (e.g., to stay at their farm on the common).
	Regulations granting access and/or use to persons.
	* If the rule is linguistically constructed as a permission, but has a sanctioning rule attached to it, then it is an obligation or a prohibition, and should be coded accordingly.
	* If the permission is dependent on specific conditions (but without a sanctioning rules) these conditions are to be entered into Rule Primary Condition, Rule Secondary Condition, and Rule Tertiary Condition.
Obligation	Regulations concerning the obligation of members regarding use of the common.
	Regulations concerning the obligations required for gaining access or obtaining membership.
	Regulations regarding the required tasks of officials.
	Regulations regarding required actions from either specified or unspecified persons.
Prohibition	Regulations forbidding access or use to either specified or unspecified persons.
	Regulations prohibiting certain actions for a specific period and/or a specific location (e.g., prohibition to graze animals on the common during part of the season; in case this has been mentioned as: it is permitted to graze for a certain period, enter the option as permission!).
	Regulations defining actions not to be allowed to specified or unspecified persons.
Appointment	Regulations regarding merely the appointment of officials; regulations regarding their tasks should be entered either as obligation or prohibition, depending on the content and nature of the regulation.
Rejection	Only to be used in case propositions that had been made, were rejected by the decision makers.
General	All regulations that could not be categorized within the categories mentioned above.

Adjustment	Regulations regarding changes to an earlier rule.
Annulation	Regulations that were set at a certain time that are cancelled.
First mentioning	First regulation about a specific topic. If there is already a rule about this topic, the rule is an adjustment.(Clarification: the first rule about keeping cows on the common is a first mentioning, subsequent rules that may be for different users, bulls, specific locations etc. are considered as adjustment.
Repetition	Regulations that are repeated at a later date than the original regulation, without any adjustments.
Singular mentioning	Regulations that are only mentioned a single time within the set of regulations for a common.

Animals	Regulations about animals.
Borders	Regulations about the borders of the common.
Housing	Regulations about housing on the common.
Infrastructure	Regulations on infrastructure on the common.
Topsoil Resources	Regulations on topsoil resources.
Subsoil Resources	Regulations on subsoil resources.
Vegetation	Regulations regarding vegetation.
Water	Regulations regarding use of water.

Animals - Bees	Regulations on keeping bee(hives) on the common.
Animals - Cows	Regulations regarding cattle (including cows, calves and bulls).
Animals - Fish	Regulations on fishing.
Animals - Geese	Regulations regarding geese (including ganders and goslings).
Animals - Goats	Regulations concerning goats (including billy goats).
Animals - Horses	Regulations on horses (including mares, stallions and foals).
Animals - Mules	Regulations on mules.
Animals - Oxen	Regulations concerning oxen.
Animals - Pigs	Regulations on pigs (including sows, piglets and boars).
Animals - Sheep	Regulations on sheep (including lambs and rams).
Borders - Conflicts	Regulations on border conflicts.
Borders - Fences	Regulations on (setting and maintaining) fences.
Borders - Right of Way	Regulations specifying the right of way.
Borders - Setting of Borders	Regulations on setting borders (for instance setting border markers, or specifying the exact borders of the common in the regulations).
Housing - Cabins	Regulations on cabins and cottages (on the common).
Housing - General	General Regulations on housing.
Housing - Manors	Regulations on manors.
Housing - Manorial Farms	Regulations on manorial farms.
Housing - Peasant Farms	Regulations on peasant farms.
Infrastructure - Bridges	Regulations on (maintaining) bridges.
Infrastructure - Culverts and Sluices (Drainage)	Regulations on (maintaining) culverts and sluices.
Infrastructure - Ditches (Drainage)	Regulations on (maintaining) ditches.
Infrastructure - Dykes	Regulations on (maintaining) dykes.
Infrastructure - General	General regulations on infrastructure.
Infrastructure - Leat (Drainage)	Regulations on (maintaining) the leat.
Infrastructure - Roads	Regulations on (maintaining) roads.
Infrastructure - Waterways (Drainage) General	Regulations on (maintaining) waterways.
Subsoil - Clay	Regulations on (collecting) clay.
Subsoil - Dredgings	Regulations on (collecting) dredgings.
Subsoil - Fossile Trees	Regulations on (digging up) fossile trees.
Subsoil - Loam	Regulations on (collecting) loam.
Subsoil - Peat	Regulations on (collecting) peat.
Topsoil - Diggings general	Regulations on general diggings.
Topsoil - (Drifting) Sand	Regulations on (collecting) sand and (fighting) drifting sands.
Topsoil - Land	General regulations on common land.
Topsoil - Manure	Regulations on (collecting) manure.
Topsoil - Toppeat (schelturf)	Regulations on (collecting) toppeat.
Topsoil - Sods	Regulations on (collecting) sods.
Topsoil - Stones	Regulations on (collecting) stones.
Vegetation - Acorns	Regulations on (collecting) acorns.
Vegetation - Bracken	Regulations on (collecting) bracken.
Vegetation - Bushes	Regulations on (cutting) bushes.
Vegetation - Crops (in general)	Regulations on crops in general.
Vegetation - Forests	Regulations on forests.
Vegetation - Gorse	Regulations on (collecting) gorse.
Vegetation - Grass	Regulations on (collecting) grass.
Vegetation - Hay	Regulations on (collecting) hay.
Vegetation - Heath	Regulations on (collecting) heath.
Vegetation - Moss	Regulations on (collecting) moss.
Vegetation - Reeds	Regulations on (collecting) reeds.
Vegetation - Rushes	Regulations on (collecting) rushes.
Vegetation - Sedges	Regulations on (collecting) sedges.
Vegetation - Stalks	Regulations on (collecting) stalks.
Vegetation - Thistle	Regulations on (collecting) thistle.
Vegetation - Timber	Regulations on (collecting) timber.
Vegetation - Wood	Regulations on (collecting) wood.
Water - Drinking	Regulations on letting animals drink.
Water - Irrigation	Regulations on irrigation of soil.

Access	Regulations regarding access.
Administration	Regulations regarding the administration of the common.
Finance	Regulations regarding financial matter.
Maintenance in general	Regulations about maintenance.
Management System	General regulations about the management system of the common.
Meetings and convocations	Regulations about meetings of the common and regulations on convocation for those meetings.
Monitoring	Regulations about monitoring and sanctioning by officials and members.

Access - Access Rights	Regulations regarding access rights (for instance who is and is not allowed to become a member).
Access - Admission Fee	Regulations regarding admission fees for new members.
Access - Shares	Regulations concerning (for instance: buying and selling of) shares.
Administration - Producing Overview	Regulations on producing an administrative overview, for instance a list of all animals grazing on the common subdivided per owner.
Administration - Registration of Regulations	Regulations regarding the setting down and announcing of rules.
Finance - Admission Fee	Regulations regarding admission fees for new members.
Finance - Governance Fees	Regulations on payment of fees for governance.
Finance - Payment of Debts	Regulations on payment of debts by the common or to the common.
Finance - Payment of Rent	Regulations on the payment of rent by the common or to the common.
Finance - Sale of Lands	Regulations regarding the sale of land.
Finance - Tax	Regulations regarding the payment of taxes by the common or through the common (i.e. not grazing fees).
Finance - Use Fee	Regulations regarding payment for use of the common (for instance grazing fees).
Finance - Wages Officials	Regulations regarding the payment of wages to officials (of the common).
Maintenance - General	Regulations concerning (performing of) maintenance.
Maintenance - Procedures	Regulations concerning the procedures of maintenance (for instance: convocation, gathering at a specific location and time, and performing maintenance as specified by an official of the common).
Management - Appointing Officials	Regulations about the appointment of officials for the common.
Management - Jurisdiction	Regulations regarding the jurisdiction of the common.
Management - Regulations General	Regulations that state that none of the regulations of the common may be broken, and stipulate a sanction, or regulations that state that all previous regulations are still in effect.
Management - General Tasks	Regulations about general management tasks.
Meetings - Convocation	Regulations concerning convocation for meetings.
Meetings - Procedures	Regulations on the procedures to be followed at meetings (for instance: reading out of all regulations, listing all offences, etc.).
Meetings - Voting Rights	Regulations regarding voting rights (for instance: who has the right to vote, are decisions taken at a unanimous or majority vote etc.).
Monitoring - General	Regulations regarding general monitoring tasks (for instance: keep a close eye on the common, report offenders etc.).
Monitoring - Inspections	Regulations regarding inspections of the common (for instance inspections on waterways, counting sheep etc.).
Monitoring - Sanctioning	Regulations regarding sanctioning of offenders (for instance: who executes which sanctions).

Everybody	Regulations regarding everybody, both members/right holders and non-members/right holders of the common.
Members/right holders	Regulations regarding members/right holders of the common.
Non-members/right holders	Regulations regarding non-members/right holders of the common.

Everyone	Regulations regarding everybody, both members/right holders and non-members/right holders of the common.
All Members/Right holders	Regulations regarding all members/right holders of the common.
Specified Group of Members/Right holders	Regulations regarding a specified group of members/right holders (which will be specified in Party Specific).
Specified Members/Right holders	Regulations regarding members/right holders specified by name.
Non-Members/Right holders, all	Regulations regarding all non-members/right holders of the common.
Specific Non-Members/Right holders	Regulations regarding specific non-members/right holders of the common (either named or a specified group).
Officials in General	Regulations regarding officials specified by their function.
Officials, Specified by Person	Regulations regarding officials specified by their function and their name (if specified by name and function, then specify by function in Party Specific).

Assembly of Inheritors	Regulations regarding the assembly of inheritors (hereditary members of the common).
Assembly of Marke	Regulations for the assembly of the marke (Dutch type of common).
Higher Authority	Regulations regarding a higher authority.
Bailiff	Regulations regarding the Bailiff, an English official.
Bijzitters	Regulations regarding bijzitters, persons living within a Dutch common without being a member.
Buyers	Regulations regarding persons who buy land or resources from the common (only to be used if a more specific term is not available).
Inhabitants cabins/cottages	Regulations regarding the inhabitants of cabins and cottages (generally those built on common land or owned by the common).
Chairman assembly together w Commissioned Members	Regulations regarding the chairman of the assembly of the common together with the commissioned members.
Citizens	Regulations regarding the citizens of a specific location.
Children	Regulations regarding children (of members/right holders or non-members/right holders).
Clerics	Regulations regarding clerics.
Collector Land Tax	Regulations regarding the collector of land tax.
Chairman Neighbourhood	Regulations regarding the chairman of the neighbourhood.
Chairman Assembly	Regulations regarding the chairman of the assembly of the common.
Commissioned Members/Right holders	Regulations regarding commissioned members/right holders, officials that have been appointed for a specific task.
Married Couple	Regulations regarding married couples.
Corporate Body	Regulations regarding corporate bodies (only use this general term if a more specific term is not possible).
Dijkgraaf	Regulations regarding the dijkgraaf, a specific official in Dutch commons.
Forest Keeper	Regulations regarding the forest keeper, an official of the common.
Farmers in General	Regulations regarding farmers (only use this general category if a more specific category is not applicable).
Grass Men	Regulations regarding grass men, officials of English commons.
Hoofdman	Regulations regarding the hoofdman, an official of Flemish commons.
Household	Regulations regarding the household.
Huisluiden	Regulations regarding huisluiden, a Dutch type of farmer.
Inheritors	Regulations regarding inheritors, hereditary members of a Dutch common.
Lodgers	Regulations regarding lodgers.
Landlords	Regulations regarding landlords.
Legal Occupations	Regulations regarding persons who practice a legal occupation (such as lawyers etc.).
Location	Regulations regarding persons living in a specific location (for instance a village, city or specific part of the common).
Meentmeester	Regulations regarding the meentmeester, official of Flemish common.
Mayor	Regulations regarding the mayor.
Named Persons	Regulations regarding named persons (if a rule is related to named officials with a specified function, then fill in the function).
Neighbours	Regulations regarding neighbours.
Non-shareholder	Regulations regarding non-shareholders, persons without shares in the common, but with (limited) use rights.
New Members/Right holders	Regulations regarding new members/right holders.
Orphans	Regulations regarding orphans.
Poor Chaser	Regulations regarding poor chasers, officials of the (Dutch) common that is responsible for chasing off vagrants.
Cattle Pounders (schutters)	Regulations regarding cattle pounders, officials of the common (known as Schutters in Dutch).
Schout	Regulations regarding schout (Dutch regular official, comparable to English bailiff)
Scribe	Regulations regarding scribes.
Servant/Maid	Regulations regarding servants and/or maids.
Shepherds	Regulations regarding shepherds.
Shareholders	Regulations regarding shareholders, persons owning shares in the common.
Smallholders	Regulations regarding smallholders, persons living in a small house/cottage with a small plot.
Schepenen	Regulations regarding schepenen, officials of a Dutch city.
Steward	Regulations regarding stewards.
Sworn Members/Right holders	Regulations regarding sworn members, officials that have been sworn in (especially common in Dutch commons).
Schaarzetters	Regulations regarding schaarzetters, officials in Dutch commons that decided how many animals could be grazed on the common.
Tenant Farmers	Regulations regarding tenant farmers.
Vroentmeester	Regulations regarding the vroentmeester, an official of Flemish commons.
Widow(er)s	Regulations regarding widows and/or widowers.

Yes, Active Participation with Offenders	Regulations sanctioning persons who actively assist offenders in free-riding.
No	Regulations without a liability component.
Yes, Otherwise	Regulations sanctioning persons liable in another manner.
Yes, Allowing Offenders passively	Regulations sanctioning persons who allow other persons to free-ride without participating.

Class of Subjects	Regulations sanctioning behaviour damaging to a class of subjects.
Community	Regulations sanctioning behaviour damaging the community (i.e. the members/right holders of the common) (if it is not specifically stated who is damaged by the offender, it may be assumed that the community suffers).
Higher Authority	Regulations sanctioning behaviour damaging to a higher authority.
Single Subject/Person	Regulations sanctioning behaviour damaging to a single subject or person.

Everybody	Sanctioning regulations regarding everybody.
Offender is non-member/right holder	Sanctioning regulations regarding non-members/right holders.
Offenders are group of non-members/right holders	Sanctioning regulations regarding a group of non-members/right holders.
Offenders are group of members/right holders	Sanctioning regulations regarding a group of members/right holders.
Offender is member/right holder	Sanctioning regulations regarding members/right holders.
Offender is official (member/right holder)	Sanctioning regulations regarding officials (it is assumed that officials from the common are members or right holders, if they are not, then specify as other).

Whenever	Sanctioning regulations that are triggered at any time, whether an offence is made or not.
Upon Rule Breaking	Sanctioning regulations that are triggered when the rule is broken.
At Specified Time	Sanctioning regulations that are triggered at a specific, time, for instance at an inspection.

1st non-compliance	Sanctioning regulations that are graduated, increasing in severity if the offence is committed more often. Choose this value if the sanctioning rule specifies that the sanction is increased after not complying with this first sanction.
1st Offence	Sanctioning regulations that are graduated, increasing in severity if the offence is committed more often. Choose this value if the sanctioning rule specifies that the sanction is increased after committing the crime again after having been punished with this first sanction.
2nd non-compliance	Sanctioning regulations that are graduated, increasing in severity if the offence is committed more often. Choose this value if the sanctioning rule specifies that the sanction is increased after not complying with an earlier sanction (for instance, refusing to pay the fine, or resisting impounding of animals).
2nd Offence (and onwards)	Sanctioning regulations that are graduated, increasing in severity if the offence is committed more often. Choose this value if the sanctioning rule specifies that the sanction is increased after committing the crime for a second time after having been sanctioned before.
3rd non-compliance	Sanctioning regulations that are graduated, increasing in severity if the offence is committed more often. Choose this value if the sanctioning rule specifies that the sanction is increased after not complying with two earlier sanction (1^st non-compliance and 2^nd non-compliance.
3rd Offence (and onwards)	Sanctioning regulations that are graduated, increasing in severity if the offence is committed more often. Choose this value if the sanctioning rule specifies that the sanction is increased after committing the crime for a third time after having been sanctioned before.
Non-Graduated	Sanctioning regulations that are not graduated.

Member/Right holder	Sanctioning regulations that are explicitly specified as higher or lower when committed by a member or right holder (as opposed to another party).
Non-Member/Right holder	Sanctioning regulations that are explicitly specified as higher or lower when committed by a member or right holder (as opposed to another party).
Non-Differentiated	Sanctioning regulations that are not graduated.
Official	Sanctioning regulations that are explicitly specified as higher or lower when committed by an official of the common (as opposed to another party).
Time (day)	Sanctioning regulations that are explicitly specified as higher or lower when committed at a specific time of day (for instance: at night).
Time (period)	Sanctioning regulations that are explicitly specified as higher or lower when committed during a specific time of year (for instance during a specific month, or during winter etc.).

Damage on Animals	Sanctions levied for offences that (explicitly) cause damage to animals (for instance grazing animals with an illness).
Damage through Anti-social Behavior	Sanctions levied for offences that are (explicitly) anti-social.
Damage through Negligence	Sanctions levied for damage (explicitly) caused by negligence (for instance failing to perform maintenance).
Damage on Persons	Sanctions levied for (explicitly) causing damage to persons (for instance violence).
Damage on Resources	Sanctions levied for (explicitly) causing damage to resources (for instance cutting up a peat road for the turf). It is often difficult to ascertain whether a rule is designed for sanctioning damage on resources or due to unjustified profits, it is not uncommon that no specification is given, at this point preference should be given to Damage through unjustified profit.
Damage through Unjustified profit	Sanctions levied for causing damage (to the other members) by unjustly profiting from the common (for instance by grazing too many animals). It is often difficult to ascertain whether a rule is designed for sanctioning damage on resources or due to unjustified profits, it is not uncommon that no specification is given, at this point preference should be given to Damage through unjustified profit.

Offence	Basis on which the fine is levied is per offence, not taking into account how heavy the offence was (for instance how many animals were grazed above the stint).
Quantity-Amount	Basis on which the fine is levied is per amount (for instance a fine must be paid for every animal).
Quantity-Time	Basis on which the fine is levied is per unit of time (for instance for every (extra) day or week that an offence is committed).

Animal	The fine must be paid for every (additional)animal.
Branch	The fine must be paid for every (additional)tree branch.
Bush	The fine must be paid for every (additional)bush.
Bundle of willow shoots	The fine must be paid for every (additional)bundle of willow shoots.
Day	The fine must be paid for every (additional)day that the offence was committed.
Days of Work	The fine must be paid for every (additional)day of work.
Herd	The fine must be paid for every (additional)herd.
Beehive	The fine must be paid for every (additional)beehive.
Klos	The fine must be paid for every (additional)klos (Dutch unit of measure).
Load	The fine must be paid for every (additional)load.
Offence - Omission	The fine must be paid for every offence of omission (neglecting to perform a duty).
Offence - Transgression	The fine must be paid for every transgression (offending by breaking a prohibition).
Piece	The fine must be paid for every (additional)piece.
Rod (Roede)	The fine must be paid for every (additional)rod (unit of measurement).
Shoot	The fine must be paid for every (additional)shoot.
Sworn member	The fine must be paid for every (additional)sworn member (specific official against whom the offence is made).
Transport	The fine must be paid for every (additional)transport.
Tree Trunk	The fine must be paid for every (additional)tree trunk.

Confiscation Private Property	The offence is sanctioned by the confiscation of private property (for instance by confiscation of the animals that were grazed without permission). The difference between confiscation and impounding is that confiscation is permanent and impounding is temporary.
Confiscation Resource Common	The offence is sanctioned by the confiscation of the resources from the common that were stolen. The difference between confiscation and impounding is that confiscation is permanent and impounding is temporary.
Corporal Sanctioning	The offence is sanctioned by corporal punishment.
Destruction Assets	The offence is sanctioned by the destruction of property (for instance the killing of the animal grazed without permission or tearing down of the cottage built on the common without permission).
Exclusion from Commoners’ Assembly	The offence is sanctioned by exclusion from the Commoners’ Assembly (loss of political rights/right to vote/speak at assembly).
Exclusion from Common	The offence is sanctioned by (temporary or permanent) exclusion from the common.
Exclusion from Village Council	The offence is sanctioned by exclusion from the village council (loss of political rights/right to vote/speak at the council).
Impounding	The offence is sanctioned by the impounding of the offending assets (for instance locking up the animals, or taking away prohibited tools). The difference between confiscation and impounding is that confiscation is permanent and impounding is temporary.
Legal Action	The offence is sanctioned with legal actions taken against the offender.
Loss of Office	The offence is sanctioned by the loss of office (officials loose their appointment).
Loss of Use Right	The offence is sanctioned by the (temporary or permanent) loss of the right of using (a part or a resource from) the common. (for instance: the right to graze animals, the right to dig peat etc.)
Monetary Payment	The offence is sanctioned by a monetary payment (to be paid in a currency specified in Sanction_Unit)
Public Exposure/Shaming	The offence is sanctioned by public exposure and shaming of the offender.
Payment in Kind	The offence is sanctioned by a payment in kind (to be paid in a unit specified in Sanction_Unit).
Restoration	The offence is sanctioned by forcing the offender to repair the damage he has done.
Unspecified	The offence is sanctioned by an unspecified sanction, usually in the cases where the punishement is defined as ‘according to the law of the common (‘naar markenregte’).
Unspecified Payment	The offence is sanctioned by an unspecified fine (the fine is either unspecified (perhaps left to the discretion of the official), or the original document is damaged, wherefore it cannot be ascertained if the fine is monetary, or to be paid in kind).

0.125	▪	One-eight of the proceeds of the sanction go the party specified in Subdivision_Party.
0.167	▪	One-sixth of the proceeds of the sanction go the party specified in Subdivision_Party.
0.20	▪	One-fifth of the proceeds of the sanction go the party specified in Subdivision_Party.
0.25	▪	One-quarter of the proceeds of the sanction go the party specified in Subdivision_Party.
0.33	▪	One-third of the proceeds of the sanction go the party specified in Subdivision_Party.
0.40	▪	Two-fifth of the proceeds of the sanction go the party specified in Subdivision_Party.
0.50	▪	Half the proceeds of the sanction go the party specified in Subdivision_Party.
0.66	▪	Two-thirds of the proceeds of the sanction go the party specified in Subdivision_Party.
0.75	▪	Three-quarters of the proceeds of the sanction go the party specified in Subdivision_Party.
0.80	▪	Four-fifth of the proceeds of the sanction go the party specified in Subdivision_Party.
0.83	▪	Five-sixth of the proceeds of the sanction go the party specified in Subdivision_Party.
1.00	▪	All proceeds of the sanction go the party specified in Subdivision_Party.
Not applicable		The division of sanctions is not specified.

Benefit Common	The proceeds of the sanction go to the common, to be used for the benefit of the common.
Chairman Assembly	The proceeds of the sanction go to the chairman of the assembly.
Higher Authority	The proceeds of the sanction go to a higher authority.
Inheritors	The proceeds of the sanction go to the inheritors (hereditary members of the common).
Local Government	The proceeds of the sanction go to the local government.
Persons Present at Gathering	The proceeds of the sanction go to the persons present at a specified gathering (for instance a meeting).
Members/Right holder	The proceeds of the sanction go to the members/right holders of the common.
Not Applicable	No subdivision of the sanction is specified.
Neighbour	The proceeds of the sanction go to the neighbours living in the common.
Official	The proceeds of the sanction go to (a specified) official of the common.
Person Reporting Offence	The proceeds of the sanction go to the Person reporting the offence.

Permission*	* If the rule is linguistically constructed as a permission, but has a sanctioning rule attached to it, then it is an obligation or a prohibition, and should be coded accordingly.
	* If the permission is dependent on specific conditions (but without a sanctioning rules) these conditions are to be entered into Rule Primary Condition, Rule Secondary Condition, and Rule Tertiary Condition.
Prohibition	Regulations prohibiting certain actions for a specific period and/or a specific location (e.g., prohibition to graze animals on the common during part of the season; in case this has been mentioned as: it is permitted to graze for a certain period, enter the option as permission!).

First mentioning

First regulation about a specific topic. If there is already a rule about this topic, the rule is an adjustment.(Clarification: the first rule about keeping cows on the common is a first mentioning, subsequent rules that may be for different users, bulls, specific locations etc. are considered as adjustment.

Assessors	Regulations for the assistant of the chairman of the common. (The Dutch assessors are bijzitters and should be coded as such).
Buyers	Regulations regarding persons who buy land or resources from the common (only to be used if a more specific term is not available).
Corporate Body	Regulations regarding corporate bodies (only use this general term if a more specific term is not possible).
Farmers in General	Regulations regarding farmers (only use this general category if a more specific category is not applicable).

Community

Regulations sanctioning behaviour damaging the community (i.e. the members/right holders of the common) (if it is not specifically stated who is damaged by the offender, it may be assumed that the community suffers).

Offender is official (member/right holder)

Sanctioning regulations regarding officials (it is assumed that officials from the common are members or right holders, if they are not, then specify as other).

Damage on Resources

Sanctions levied for (explicitly) causing damage to resources (for instance cutting up a peat road for the turf). It is often difficult to ascertain whether a rule is designed for sanctioning damage on resources or due to unjustified profits, it is not uncommon that no specification is given, at this point preference should be given to Damage through unjustified profit.

Damage through Unjustified profit

Sanctions levied for causing damage (to the other members) by unjustly profiting from the common (for instance by grazing too many animals). It is often difficult to ascertain whether a rule is designed for sanctioning damage on resources or due to unjustified profits, it is not uncommon that no specification is given, at this point preference should be given to Damage through unjustified profit.

Ruling the Commons. Introducing a new methodology for the analysis of historical commons

Figures & Tables

Table 1:

Figure 1:

Table 2:

Table 3:

Paradigm

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