Читать книгу History of Brighthelmston; or, Brighton as I View it and Others Knew It - John Ackerson Erredge - Страница 10

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In consequence of the perpetual jealousies and strife between the fishermen and landsmen, a commission was sent to Brighton, in 1580, to settle every difference, assess the town rates, and arrange the public concerns of the parish. The Earl of Arundel, Lord Buckhurst (Lord of the Manor), Sir Thomas Shirley, of Preston, and Henry Shelley, Esq., were the commissioners. The number of landsmen who at that time paid parochial rates and taxes, was 102; while the number of fishermen amounted to 400. The decision of the commissioners gave satisfaction to all parties till 1618, when a fresh arrangement was entered into. The orders and regulations of these two commissions were directed to be “written in two several books of parchment,” one of which was to be delivered to the Earl of Arundel and Lord Buckhurst, the other was to “be kepte in a cheaste locked with three locks, in some convenient place in Brighthelmston.” Provision was made also for the safe custody of the key of the chest, and for the annual reading of the regulations by the Vicar, “openlye in the presence of all the fishermen and others of the parishioners, contributaries, in some convenient time and place.”

The “Book of all the Auncient Customs,” is dated 23rd July, in the 32nd year of Queen Elizabeth, 1580; and is kept in its original shape in a spacious box, at the office of Messrs. Attree, Clarke, and Howlett, solicitors, Ship Street. It is in black letter, on parchment, and is in a state of good preservation, although the ink, from age, is very yellow. An engrossed copy in corrected modern authority, is deposited with it, and is as follows:—

In the Manors of Brighthelmston, as Parcel of the Barony of Lewes, the following Feudal Customs, partly of Saxon origin, but established for the most part by the Norman settlers in this country, have, by immemorial usage, governed the Courts there:—

1. The lands of copyholders in these manors are descendible, on death, to the youngest son, or to the youngest daughter if there be no son, and so on to the youngest relatives collaterally. [26]

2. The widow of a purchaser of a copyhold estate to which he has been admitted, or the widow of an heir by descent, though unadmitted, may, after three courts to be holden next after her husband’s death, claim her widow’s bench, and shall be admitted for her life, even though she marry again, she paying the lord a reasonable fine, not exceeding one year’s value of the land. But if the husband, even on his death-bed, make a surrender of his copyhold, the widow shall not have her bench, nor the widow of a purchaser unadmitted, nor the widow of a tenant in reversion.

3. All the tenants of these manors, except such as were discharged by deed, or held by knight’s service, held their lands by suite of court, the copyholder from three weeks to three weeks, and to be of the homage: the freeholders were to appear only twice a-year, viz., at the courts holden at Easter and Michaelmas, where, if they knew of any wrong done to the lord, they were bound by their oath of fealty, to make it known to the court. But they (the freeholders) were not to be of the homage, because they performed service at juries at the barony court, held from three weeks to three weeks at Lewes; from which service the copyholders were exempt. The defaulters at each court were to be essoyned (excused) or assirred (fined) in proportion to their offence.

4. Surrenders made out of court, and presented at the next general court holden for the manor, are good.

5. The heir in possession of a customary tenement, being above the age of fourteen years, or he or she to whose use any surrender shall be made, being of the like age, not coming into court on or before the third half-yearly proclamation, shall forfeit his or her estate.

6. If a copyholder leave an heir under the age of fourteen years, such heir is, during his or her minority, to be committed to the care of the next of kin who is able to answer for the profits of the land, and to whom the land cannot descend. At the age of fourteen years the heir may choose a guardian.

7. Relief and Heriot were due to the lords of these manors on the death of every freeholder, not discharged by deed, who died seized of an estate of inheritance of soccage tenure.

8. On the death or surrender of a tenant for life, no heriot is due, except for a stinted cottage; nor of a joint tenant: or if a tenant in fee surrender to one of his heirs, part of his customary tenement, and reserve another part to himself and heirs, no heriot is due, because he is still tenant of the heriotable tenement.

9. No more than one heriot is, by custom, claimable for any number of tenements in one manor, belonging to the deceased.

10. The copyholder was to keep his customary tenement in repair, and for that purpose, may cut down on his copyhold the necessary timber, in case the lord, his steward, woodward, or reeve refuse to assign him any for that purpose.

11. If any tenant, free or customary, alien parcel of his tenement, and the rent be apportioned in court with the lord’s or the steward’s consent, it concludes with the lord and tenant. Otherwise the lord may distrain any part of the tenement for the whole rent.

12. The heir of every tenant, being fourteen years of age, after the death of his ancestor dying seized of customary lands or tenements, as also a purchaser, upon surrender of such lands either in possession or reversion to his use, coming into the court at or before the third proclamation, and desiring to be admitted, shall have a reasonable fine assessed by the lord or his steward, not exceeding one year’s value of the land; which fine the tenant is to pay on his admittance, or shortly after; otherwise he forfeits his estate.

13. If a tenant let to farm his copyhold for more than one year and a day at a time, he is to come to the lord’s court for license, which the lord is to grant, the tenant paying him four-pence, and no more, for every year so granted, with a reservation of the lord’s customs, duties, and services. Also the copyholder, having a barn on his copyhold, is to pay the lord four-pence, or less, but never more, for every wainload of corn or hay that grows on his said copyhold, and is carried out of the manor with license, or to any freehold within the manor. But the tenant may carry corn or hay from one copyhold to another on the same manor, without license, where the two copyholds have equal estates. But if one be a guardian, or a tenant for life, and another tenant in fee, and any manure be removed from the former estate to the latter, the party, so doing, shall be amerced.

14. If a copyholder alien his lands by deed, pull down his building without license, or wilfully suffer it to fall, commit any wilful waste, let his tenement for more than one year and a day without license, obstinately refuse to pay his rent, or a reasonable fine upon admittance, or absent himself, without sufficient cause, from the lord’s court after lawful summons, or, being there, will not be sworn of the homage, without satisfactory excuse, or carry all his corn from the copyhold, if he have a barn there, he is, for any of these offences, liable to forfeit his estate in the said copyhold.

15. Strays, found within any of these manors, and proclaimed according to the statute, after a year and a day are passed, become the property of the lord of that manor, by prescription. Every lord is to maintain a common pound within his manor. But, of latter time, all strays within the rape and liberties of the barony of Lewes, have, by consent of the lords, been presented at the law days or leet holden for the hundred in which the strays are found.

16. In each of these manors there was a Reeve, who was the lord’s immediate officer. His name and institution are both of Saxon origin. The Thane who generally presided in person at his own court, had at first no other officer belonging to it than the Gerefa or Reve, who generally received a settlement on the manor, in consideration of his services; and thus, in most manors, did the office become predial, or attached to some particular lands. In some manors however, it was not confined to one denomination only, but imposed on several of the tenants in rotation, by virtue of their tenure. This officer’s duty is to account to the lord or his steward, for all the ancient quit-rents both of freehold and copyhold, and all the heriots that fall due within the manor, together with the fines, leviable amercements, and all the other casual profits within the same. But he is not bound to audit out of the manor, unless the lord will recompense him for his pains; nor even then, unless he chooses it. Being an officer of great antiquity, he is not bound to collect any but old rents, which were payable before the eighteenth year of Edward the First.

17. The majority of the homagers sworn at the lord’s court, for the better preservation of order, have, time beyond all memory of man, with the lord’s consent, used to make bye-laws for the establishment of the common good, and for preventing of public annoyances: and such laws made with reasonable penalties and clauses for distress for such penalties, have been immemorially binding and concluding to all tenants of the manor, provided such laws or orders cross not the general laws and statutes of the kingdom.

Though many of the following Customs and Regulations are now become obsolete, they are in general too interesting to be omitted in the History of the town.

Upon supplication [28] by the ancient fishermen of Brighthelmston, unto the Right Honourable the Lords of the Council, for remedy and redress of certain disorders in their town, touching the annual payment of certain money called a quarter of a share, heretofore of ancient time usually paid out of every boat in every fishing voyage, to the churchwardens there, towards the maintenance of their church, and other public charges about the necessary defence of their town; and for a contribution by the rest of the parishioners, not being fishermen, toward the bearing of the said charges to be had and levied: and after commission by the means of the Lord Buckhurst, for the purposes aforesaid, obtained from the Lords of her Majesty’s Most Honourable Privy Council, unto the Right Honourable Earl of Arundel, the said Lord Buckhurst, Sir Thomas Shirley, Knight, and Richard Shelley, Esquire, or to any two of them directed, bearing date the 12th day of February, in anno Domini, 1579, it pleased the said Lord Buckhurst and Sir Thomas Shirley, by authority thereof, to will and command certain of the said ancient fishermen to set down in writing their ancient customs and orders, concerning the true making, payment, and employing of the said quarter share, and the certainty thereof; which they, the said ancient fishermen, being assembled together, have done accordingly in manner and form here following.

The Ancient Custom used for Tucknet Fare.—“Imprimis, there have used, time out of mind, between February and April yearly, certain small boats called Tuckers, to go to sea upon the coast for plaice, of the burden of three tons or thereabouts. Every of these boats have used eight or nine men, or thereabouts, and two nets. Every man hath used to take for his body in this voyage, a share. The boat, the nets and necessaries thereto belonging, hath used to take four shares: and besides, one other share hath been used to be made, whereof half is due to the Vicar, a quarter to the master, and the other quarter to the Churchwardens, for the use of the town: so that every boat in this voyage, having eight men, taking a share a man, maketh thirteen shares, viz., for eight men eight shares; for the boat, the nets, and necessaries, four shares; and for the Vicar, the town, and the master, one share; and if there be more or less men, then the shares are more or less in number, according to the number of the men proportionably.”

The Ancient Custom used in Shotnet Fare.—“Item, there have yearly, time out of mind, from April to June, used to go to sea for mackarel, other boats called shotters, of diverse burdens between six tons and twenty-six tons. Every boat of the burden of six tons, and not above ten tons, hath used to take two shares; and above ten tons, and under eighteen tons, two shares and a half; and from eighteen tons to the biggest, three shares. Every man having above four nets going to sea in this voyage, hath used to take for his body, half a share, and not above; and every other man hath used to take for his body, a share, and not above: and the nets have accustomably contained in length between thirty and twenty-four fathoms, and in deepness two ranns, every rann fifty moxes deep, whereof every four nets have used to take a share; so that every boat in this voyage, taking two shares and a half, having ten men, taking a share a man, and having four score nets, maketh thirty-three shares and a half, viz., for four score nets twenty shares; for ten men, ten shares; for the boat, two shares and a half; for the Vicar, the town, and the master, one share; and if there be more or less men, or the boat be lesser or bigger of burden, or have less or more number of nets, then the shares are more or leas in number, according to the proportion of the boat, men and nets.”

The Ancient Custom used in Scarborough Fare.—“Item. There have, since the memory of man, yearly, from June to September, other boats of divers burden between eighteen and forty tons, used a voyage to Scarborough to fish for cod (being about forty years agon). Every boat in this voyage, of the burden of eighteen tons, and not above twenty-eight tons, hath used to take four shares; and from twenty-eight to the biggest, five shares. Every man in the biggest sort of these boats, bringing with him a line, a lead, four lines of hooks, and two norward nets, containing twenty-four yards in length, or thereabouts, hath used to take for his body, and the necessaries aforesaid, one share: and in the smallest sort, every man bringing with him two lines, two leads, and one heak, [30a] containing twenty-eight yards in length, and five ranns in deepness, hath used to take a share and a half; and having two lines, two leads, and two heaks, of the length and deepness aforesaid, two shares: so that every boat in this voyage taking four shares, having twelve men, taking two shares a man, maketh in number twenty-nine shares, viz., for the boat, four shares; for twelve men, twenty-four shares; for the vicar, the town, and the master, one share: and the number of shares is varied more or less according to the number of men and nets, or the bigness of the boat, according to the proportion of this example.”

The Ancient Custom used in Yarmouth Fare.—“Item. There have yearly, time out of mind, from September unto November, used to go to Yarmouth to fish for herrings, other boats of divers burden, between fifteen tons and forty tons; every boat of the burden of fifteen tons and not above twenty-four tons, taking three shares; and every boat of twenty-four tons and not above thirty tons, taking three shares and a half; and from thirty to the biggest, taking four shares. Every man in this voyage used to take for his body half-a-share: and these boats have used two sorts of nets, the one sort called flews, alias heaks, containing between thirty and twenty-four fathoms in length, and in deepness four ranns, every rann fifty moxes [30b] deep, every three of these nets taking a share; the other sort, called norward nets, containing between fifteen and ten fathoms in length, and in deepness five ranns, every rann fifty moxes deep; every four of these nets taking a share: so that every boat in this voyage, taking three shares and a half, having twelve men, taking a share a man, and having thirty-six flews, alias heaks, and thirty-two norward nets, every four norward nets taking a share, maketh thirty shares in the whole number, and one half-share, viz., for the boat, three shares and a half; for twelve men, six shares; for thirty-six flews, twelve shares; for thirty-two norward nets, eight shares; for the vicar, the town, and the master, one share; and if there be more or less number of men and nets, or if the boat be bigger or lesser, then the shares are more or less in number, according to that proportion.”

The Ancient Custom used in Cock Fare.—“Item. There have, time out of mind, between October and the midst of December, used to go to sea upon the coast for herrings, certain small boats called cocks [30c] of burden, between two and six tons. Every of these boats having a mast and a sail, hath used to take a share and a half; and the other, without mast or sail, have taken a share. These boats have used two sorts of nets, the one called cock heaks, containing between thirty and twenty-four fathoms in length, and two ranns in deepness, and the other called flews, containing the length aforesaid, and three ranns in deepness. These two sorts of nets have used to take for three nets a share, one with another; so that a boat in this voyage taking a share and a half, having six men, and twenty-four nets, maketh ten shares and a half, viz., for the boat, one share and a half; for six men, six shares; for twenty-four nets, eight shares; and for the Vicar, the town, and the master, one share; and so the shares do vary, more or less in number, according to the bigness of the boat, and the number of men and nets.”

The Ancient Custom used in Flew Fare.—“Item. There have, time out of mind, between the beginning of November and the end of December, used to go to the sea for herrings, other boats, called flewers, of divers burden, between eight tons and twenty tons, the biggest boat taking three shares, the smallest two shares. Every man having above three nets going to sea in this voyage, hath used to take for his body half a share, and every other man a share, and none above. These boats have used one sort of nets, called flews, containing between thirty and twenty-four fathoms in length, and three ranns in deepness, every rann fifty moxes deep, every three nets taking a share: so that every boat taking three shares, having eight men, taking half a share a man, and having thirty-nine nets, maketh twenty-one shares, viz., for the boat, three shares; for eight men, four shares; for thirty-nine nets, thirteen shares; and one share for the vicar, the town, and the master, or more or less shares according to the number of men and nets, and the bigness of the boat.”

The Ancient Custom used in Harbour Fare.—“Item. There have used, time out of mind, another sort of boats to go to sea in summer time, with harbour hooks for conger, every boat containing eight tons or thereabouts, and taking for every boat two shares; and every man having four lines of hooks, every line containing fifty fathoms, taketh a share; and twelve lines of hooks without a man taketh a share. So that a boat having twelve men taking a share a man, and twelve lines of hooks without men, maketh in number fifteen shares, viz., for the boat, two shares; for twelve men, twelve shares; for twelve lines of hooks, one share; and one share for the vicar, the town, and the master, or more or less number of shares according to the number of men and hooks.”

The Ancient Custom used in Drawnet Fare.—“Item. There have used, time out of mind, in the months of May and June, yearly, certain small cocks, of the burden of three tons, or thereabouts, to draw mackarel by the shore, whereof the boat and the net take one half, the other half is divided by shares unto the men, to every man a share; and one share is also thereof made for the vicar, the town, and the master: so that if there be ten men, then they make eleven shares, viz., ten men, ten shares; and one share for the vicar, the town, and the master; and if there be more men, then they make more shares.”

The Ancient Custom for Payment and Employing the Quarter Share.—“Item. The master of every boat at Brighthelmston, at St. Stephen’s Day, next after his return from any fishing voyage, wheresoever or whensoever it was begun, had, or continued, hath used to divide and pay out of the whole profits of the said boat, without diminution or deduction to any stranger going in the said boat, to be made, the said quarter share unto the Churchwardens of Brighthelmston for the time being, and half a share to the vicar there for the time being, and the other he hath for his own use.”—“Item. The master of every boat of Brighthelmston had, time out of mind, used to take up and pay out of the whole profits of every voyage, whether the rest of his companions be of Brighthelmston, or strangers of other parishes, the said whole share for the vicar, the town, and himself, without any deduction thereof unto any other town or parish, or the parson, vicar, or proprietary thereof, to be made: and if the master, or any of his company, have been of Brighthelmston, and the boat belonging to any other place, then the said master also hath used to make in the said boat the aforesaid share, whereof he hath had a quarter to himself, and of the other three quarters for the town and vicar of Brighthelmston, he hath used to have proportionably, according to the number of men and nets which he used and had out of Brighthelmston in the voyage.”—“Item. The said wardens used to employ the said quarter share, especially upon building of forts and walls towards the sea, for the defence of the said town, and for provision of shot and powder, and other furniture for that purpose; and entertainment of soldiers in time of wars, and other public service of the prince, and maintenance of the parish church. Whereupon, to the intent that the said annual payment, or quarter share, for the better defence and maintenance of the said town, may, in time to come, justly and truly, without fraud, be both made, yielded, and paid; and also preserved, kept, and employed, according to their ancient custom; as also for the avoiding of all such controversies as heretofore have commonly happened between the said fishermen, touching the just and equal division of their fish in every boat in every voyage, and the profits and charges thereof, the said Lord Buckhurst and Richard Shelley, Esq. having the said fishermen before them at Brighthelmston, the 23rd day of July, anno Domini, 1580, have, by authority aforesaid, and with the consent of the said fishermen, devised and set down to writing, certain orders to be hereafter for ever used and kept by all the fishermen and inhabitants of the said town of Brighthelmston, in manner and form following:

Orders for Length of Nets.—“Imprimis. None shall have any norward net under twenty yards long by the uppermost rann, nor any such net in a boat of thirty tons or upwards, under five ranns in deepness, every rann fifty moxes deep or thereabouts; nor in any other boat any norward net under four ranns deep, at any time after the first day of August, in the year of our Lord, one thousand five hundred four score and one, under pain to forfeit for every net under the said sizes, six shillings.”—“Item. Whoever shall have flew alias heak, under twenty-eight yards in length by the uppermost rann, and four ranns in deepness, every rann fifty moxes deep or thereabouts, at any time after the first day of August, in the year of our Lord one thousand five hundred four score and one, shall forfeit for every such flew ten shillings.”—“Item. Whosoever shall have any shortnet under twenty-eight yards in length, by the uppermost rann, and two ranns in deepness, every rann fifty moxes deep, or thereabouts, at any time after the first day of April next ensuing, shall forfeit for every such net three shillings and fourpence: and whosoever shall have any cocksheak under twenty-eight yards in length by the uppermost rann, and two ranns in deepness, at any time after the first day of October, in anno Domini, one thousand five hundred four score and one, shall forfeit for every such net three shillings and fourpenee. Provided always that none of the forfeitures before mentioned shall, at any time, extend to any norward net, flew, shortnet, or cocksheak spoiled in length at sea, and newly brought home from any voyage; so that the said net or nets so spoiled be made of the several lengths and deepness in the former orders mentioned, before they be occupied again in any voyage.”—“Item. The constable, the churchwardens, being sea-faring men, or any two of them, shall, four times a-year, if they shall think it needful, search, view, and measure the length and deepness of any man’s nets in Brighthelmston, and he that shall let (hinder) them or any of them so to do, the party for every time so letting shall forfeit twenty shillings.”

Orders for Shares for Men.—“Imprimis. No man having gone to sea in Shotnet fare, above six nets, or in Yarmouth fare, or Flew fare, above six norward nets, or four flews, alias heaks, and a half, shall take any more than half a share for his body, in any of the said voyages, upon pain to forfeit for every time so doing, ten shillings.”—“Item. Whoever shall give to any person having in Shotnet fare above six nets, or in Yarmouth fare or Flew fare, above six norward nets, or above four flews and a half, any more than half a share, shall forfeit for every time so doing, ten shillings.”—“Item. That no man shall take or give any more than a share for a man’s body in Shotnet fare, Yarmouth fare, Cock fare, or Flew fare, upon pain to forfeit, either of them, for every time so doing, twenty shillings.”—“Item. That no man shall give to any stranger, not dwelling in Brighthelmston, any more than a share for his travel in any voyage, upon pain of forfeiting for any time so doing, twenty shillings.”—“Item. That none shall give to any stranger, any share, or part of share, in any other boat but only in the same boat where the said party is placed, upon pain of forfeiture of twenty shillings for every time so doing.”—“Item. That no man shall hire any person at the first shipping, to go for wages in any voyage except Scarborough voyage, upon pain to forfeit for every time so doing, ten shillings.”—“Item. That no man being entertained by any boat, or by any man, unto any voyage, shall place himself in any other boat, or with any other man, upon pain of forfeiting, as well by the party so entertained, as by him that shall entertain any such person, for every time so doing, twenty shillings.”—“Item. That no man going to Scarborough in a bark going with ground hooks, having a line, a load, four lines of hooks, two norward nets, and one heak of five ranns deep, shall take for his body, and all the said necessaries, any more than two shares; and if any man bring any more nets than is before mentioned, and do fish with them in the said voyage, then he shall be allowed for the same nets after the rate of two norward nets, and a heak to a share; and whosoever shall give or take anything contrary to this order, shall forfeit for every time so doing, ten shillings.”—“Item. That no man going to Scarborough in a boat with a drove sail, having two lines, two loads, and one heak of twenty-one yards in length, and five ranns in deepness, shall take any more than a share and a half for his body, and the necessaries aforesaid; and if he have two lines, two loads, and two heaks, then he shall take two shares, and not above; and if he bring more nets, then he shall be allowed after the rate of his nets according to the proportion of four nets to a share, and every heak to be allowed for two nets; and what person soever, shall give or take anything in this voyage contrary to this order, shall forfeit for every time so doing, twenty shillings.”—“Item. It shall be lawful for the owner and master of every boat or bark going to Scarborough, at the return of every such boat or bark from the said voyage, to take up, before sharing, so much of the fish as, being indifferently prized by the whole company, will pay all the charges that shall be then owing for the said voyage, so that they become chargeable to the creditors; which fish, being so prized and taken, the warden or wardens, and the Vicar or his deputy, paying the same price in ready money, shall have, if they or any of them require it.”—“Item. If there shall be any stranger master in any boat of Brighthelmston in any voyage, then the owner shall take up and pay the half share for the Vicar of Brighthelmston, and the quarter share for the town, upon pain of every owner doing the contrary, to forfeit for every such default twenty shillings.”—“Item. No man shall take or give above a share and a quarter for any man’s travel in Tucknet fare, upon forfeiture of ten shillings, to be paid by the giver, and also by the taker for every time so doing.”—“Item. No owner of any tucker or tucknet shall take any more than four shares for the boat, the nets, and the arms, viz., for the boat and the nets, three shares; and for the arms, one share, upon pain to forfeit, for every time so doing, twenty shillings.”—“Item. No man going to sea with harbours shall take for his body any more than one share, nor for twelve lines of hooks any more than one share; and so for more or less proportionably; and any man that shall take or give anything contrary to this order, shall forfeit for every time so doing, ten shillings.”—“Item. To the intent the said quarter share may hereafter be truly paid without fraud or guile, every owner and master of every boat, in every voyage, shall call the Vicar, or his deputy or deputies, to all and every their several accounts at the end of every their several voyages, (Cock fare, Tuck fare, Harbour fare, only excepted, for which three one only account by every master and owner at the end of every voyage, shall be made), and in his presence shall make a true and particular account of all their charges, profits, and shares, upon pain for every owner and master, for every time doing the contrary, to forfeit twenty shillings; a note whereof the said Vicar or his deputy shall give in writing unto the wardens yearly, at St. Stephen’s Day, upon pain of twenty shillings to be forfeited by the said Vicar.”

“Orders for Hooks, and going to Sea.—“Imprimis. That every line of small hooks shall contain in length nine score yards and not above; and whosoever shall have any line of hooks above the said length, at any time after the first day of August, in anno Domini one thousand five hundred four score and one, shall forfeit for every such line, twenty shillings: and that no man shall bring to sea at any time any more than four lines of the aforesaid hooks: and every man shall pay the seventh fish to the boat, of three of his lines, except the master of the boat, and the young men who are called tacheners; the which master shall have all the fishing of his four lines, without paying any duty to the boat; and the said tacheners shall have for the keeping of the boat, the fishing of every their fourth line without paying any duty to the boat; and whosoever shall do anything contrary to this order, shall forfeit for every time so doing, twenty shillings. And if any boat shall come to mishap through the default of the tacheners, that then the said tacheners shall pay for the hurt of the same boat, to the value of the same hurt.”—“Item. Any man that shall lose any small hooks at sea, shall have for every line so lost two shillings, to be paid unto him by the company in equal portions.”—“Item. If there be four lines or more lost in any boat, then the whole of the fish, except the boat’s part, shall be equally divided among the company; and any man that hath lost any of the same hooks, shall be allowed two shillings for every line so lost, to be paid by the whole company in equal portions.”—“Item. Every man that shall lose any heak, norward net, or shotnet, in any fishing voyage, shall be allowed by the company for every heak so lost, ten shillings; and for every norward net so lost, ten shillings, and for every shotnet so lost, four shillings, and not above.”—“Item. That no man, being an inhabitant of this town, shall drive with nets for herrings between Shoreham Haven and Beach (Beachy Head) on any Saturday night or Sunday, until evening prayer be done, upon pain to forfeit for every time so doing, twenty shillings.”—“Item. That no man shall drive with any tucknet at any time before sun-rising, or after sun-setting, upon pain to forfeit, for every time so doing, ten shillings.”—“Item. That no man shall go to sea with tucknet to fish for plaice before Shrove Tuesday yearly, upon pain of forfeiture of ten shillings for every time so doing.”—“Item. If there shall at any time any boat of this town be cast away through the default of the master and the company, then the master and his company to be answerable to the owner for the same boat.”

“Orders for the Payment of the Quarter Share.—“Imprimis. Every master of every boat in every voyage shall divide, receive, and take up the said quarter share accordingly, as it hath been used heretofore, and is before ordered, and not otherwise; and the same shall well and truly pay yearly, upon the feast of St. Stephen, to the Churchwardens for the time being, in the place where it has been accustomably paid in former times: and if any master in any boat, in any voyage, shall not divide and take up as aforesaid, or shall detain the said quarter share, and not pay the same unto the Churchwardens at the end of every voyage, at the place above-mentioned, before the feast of the Epiphany yearly then next following, that then every such master, for every time so doing, shall forfeit the double value of the same quarter share that he so detained, or not divided, or not taketh up.”—“Item. If there be in any tucker or cock in the time of Tucknet Fare or Cock Fare, any more than one master during the voyage, then the owner or first master of any such tucker or cock shall account for and pay the whole quarter share due for all that voyage, and therewithal shall deliver unto the said Churchwardens, a note in writing, of the names of all the other masters in that voyage, upon pain of forfeiting twenty shillings by the owner.”

“Orders for the Churchwarden’s.—“Imprimis. There shall be yearly, at the time accustomed, two substantial fishermen and one such landman, chosen by the consent of the constable, the vicar or curate, and the chief of the town, for Churchwardens.”—“Item. The same Churchwardens, nor any of them, shall not employ nor disburse any of the money to be kept by the sea-faring and land wardens, to any other use than for the reparation of the church, and for necessary public charges for the town, without the consent of the constable, the vicar or curate, and six substantial men of the parish, first had in writing, of which six, four shall be fishermen and two landmen, upon pain of paying all sums of money laid out contrary to this order, at and upon the charges of the said wardens.”—“Item. The same Churchwardens shall yearly, at the time accustomed, yield up a true and perfect account, in writing, of all receipts, reprises, and charges for all that year, and the money then remaining shall then deliver up into the hands of the wardens, their successors, in presence of the constable, the vicar or curate, and the parishioners, upon pain of forfeiting by him or them that shall do the contrary, forty shillings, and shall be chargeable nevertheless with his account before the Commissioners.”—“Item. Every forfeiture before or hereafter mentioned growing by reason of any matter pertaining to the sea or fishing, shall be paid unto the wardens being fishermen, and every other forfeiture unto the land wardens.”—“Item. If the Churchwardens shall neglect to demand any of the said forfeitures for the space of six days next after his or their knowledge thereof, then he or they for every time so neglecting, shall pay unto the poor man’s box of Brighthelmston, three shillings and four pence, or else answer it before the Commissioners.”—“Item. Whosoever shall not, within five days next after demand in that case by the wardens, or any of them, for the time being, to be made, pay unto the said wardens, or one of them, all such of the said forfeitures as they then from time to time, at any time hereafter, shall have made, then his or their name or names not paying such forfeitures as aforesaid, shall be signified in writing under the hands of the constable, the vicar or curate, and the said wardens, unto the Commissioners, to be bound to appear before the lords of the Council.”—“Item. That so much of the said quarter share as shall amount to the double value of the contribution (of the landmen) shall be kept employed and accounted for indifferently by all the Churchwardens in such sort as is aforesaid, and the residue of the said quarter share shall be remaining in custody of the sea-wardens, who shall not employ or disburse any part or parcel thereof, but for the common profit of the town, and that only with the consent of the constable, being a fisherman, the vicar, and six other fishermen being of the Twelve, in writing first had and obtained, and thereof shall make a true and particular account in writing, in the presence of the said constable, churchwardens, and fishermen, at the time accustomed; and the money remaining shall then yield up unto the sea-wardens, their successors, upon pain to forfeit for every time doing the contrary, the double value of every sum, contrary to this order, employed, not accounted for, or not yielded up as aforesaid, and shall be chargeable also with the same before the commissioners.”—“Item. The rents, profits, and commodities of the mill and town house, and of all other lands, tenements, and hereditaments which now do belong and appertain, or hereafter shall belong and appertain to the said town of Brighthelmston, shall be yearly paid and answered unto the churchwardens; and that the same, and every part thereof, shall and may, from time to time, be disposed, demised, and let out to farm, for the term of seven years at the most, by the said constables and wardens, so as always the same be done to the best profit and commodity of the said town, upon pain that every one therein offending, shall forfeit five pounds, and besides to answer for his offence in that behalf before the said commissioners.”—“Item. The same churchwardens, shall have in readiness at all times hereafter, in some convenient place in Brighthelmston, to be laid up in store, and safely kept, four barrels of powder, and forty round shot, and ten chain shot for every great piece.”—“Item. There shall be selected by the said commissioners out of the ancientest, gravest, and wisest inhabitants, eight fishermen and four landsmen, for assistants to the constable in every public cause, whereof every one shall be ready, and give his attendance upon the constable as oft as need shall require: and whosoever shall presume to call together any assembly, to the intent to practice or put in use any manner, or device, or art touching the government of the said town, without the privity, consent, and command of the said constable and assistants shall forfeit for every time so doing, forty shillings. And to the intent that the said Twelve grave and wise men may have continuance, therefore, upon the death or removing of any one of them, it shall be lawful for the constable, and the residue of the said Twelve, or for the most part of them, to choose in supply such other of the said town, as by them, or the more part of them, shall be thought meet, provided that such choice shall be always ratified and allowed by the stewards of the lords of the said town, or by such one of them as shall happen to keep court in the said town, next after such choice made, or otherwise the same choice to be void: and if such choice shall by the said stewards, or by such one of them as shall fortune to be present as aforesaid, be disallowed, until a sufficient man, in the judgment of the said stewards, be chosen.”—“Item. If any man hath heretofore built, erected, or set up any wall, shed, or any such like thing whatsoever, to the annoyance of the market place, or of the block house there, and shall not, upon warning given him by the constable, or his deputy for the time being, pull down or remove away the same within ten days after such warning given, that then he shall forfeit five pounds, and be further punished by discretion of the commissioners.”—“Item. Forasmuch, as the town is overcharged with the multitude of poor people, which daily are thought to increase by means of receiving under-tenants, lodging of strangers, and the disorder of tippling-houses, and that the constable cannot, without further assistance, take upon him the whole oversight and charge of all the parts of the town in this behalf, it is thought meet that every one of the Twelve shall have assigned upon him some street or circuit near his dwelling-house, where he shall, as deputy to the constable, have special charge for the keeping of good order; and especially to see that the order for the avoidance of under tenants, be duly observed; and that none lodge or keep tippling houses.”—“Item. All the acts, receipts, reprises, and charges and accounts of the town, shall, from time to time, as they are had, made, and done, be entered into a register book by the clerk for that purpose, by the constable, vicar, and churchwardens for the time being, to be chosen.”—“Item. The master and owner, or one of them, of every boat, in every voyage, at every sharing and account, without further delay, shall deliver up into the custody of the churchwardens, or one of them, or of one or more indifferently to be deputed or appointed by the said vicar, and churchwardens, the said half-share and quarter-share, without diminution or retention thereof, to be by the said wardens, or him or them so deputed, safely kept until St. Stephen’s Day yearly then next following, to the use, for the half-share, of the vicar, and for the quarter-share, to the use of the town, upon pain for every owner and master for not delivering up as is aforesaid, to forfeit for every time forty shillings, and to be further punished by the discretion of the commissioners.”—“And whereas there hath been a controversy of long time between the said fishermen, being the greater part of the parish, and the husbandmen and artificers there, as well for that of the reparations of the church, as all other public charges, which hath been great, as building of forts and walls, provision of shot and powder, and other necessaries for the defence of the town against foreign enemies, have been sustained and borne by the said quarter share of the said fishermen only (except a small annuity or yearly rent of two windmills, whereof one is now utterly decayed); as well for the utter extinguishment of all such controversy and division, as also for the better increase of amity and neighbourly friendship among the said parties, the said Lord Buckhurst and Richard Shelley, Esquire, have likewise caused to be set down here in writing at the place, and in the day and year aforesaid, the names of all such husbandmen and artificers which are of ability within the said town, and the several sums of money which every of them, by their several consents, have granted yearly to be paid for, and in name of a contribution towards the charges aforesaid.”—“Rate of the husbandmen and artificers yearly to be paid on St. Stephen’s Day, to the churchwardens, towards the reparations of the church, and other public charges of the town. * * * * * * There are also in the said town of Brighthelmston, of fishing boats four score in number, and of able mariners four hundred in number, with ten thousand fishing nets, besides many other necessaries belonging to their mystery, all which being matters of great charge, require very great maintenance and reparation, and are like hereafter rather to decay than to increase, by reason the said fishermen are diversly charged and burdened with service of her majesty in sizes, sessions, and other courts and other services, and with musters and setting forth of soldiers, besides their service by sea, properly appertaining unto them, and especially by reason of the great scarcity and dearth of timber and wood now of late years, by means of iron furnaces placed near the Downs, risen from three shillings and four pence a ton, to thirteen shillings and four pence; from two shillings and sixpence a load of wood to seven shillings; and from six shillings and eight pence a load of coal to fourteen shillings; and of billet or tall wood, from two shillings and sixpence the hundred to eight shillings the hundred; and ship board from fifteen shillings the hundred to forty shillings the hundred.”—“Item. If any owner or lessor of any house within Brighthelmston, shall admit any tenant or tenants, under tenant or under tenants, into his said house, except the said tenant or tenants shall, by the opinion of the constable and the churchwardens in writing first to be set down, be thought of sufficient ability to maintain himself and his family without burdening the town, then the said owner or lessor shall forfeit for every month that any such tenant, not being estimated as aforesaid, shall inhabit or dwell in his said house, to the poor man’s box, three shillings and four pence.”—“Item. If any questions, doubt, or ambiguity, shall hereafter happen to arise about any of the said orders, or the pains therein contained, then the same to be expounded and interpreted by the said commissioners, or any of them.

“Signed

“T. Buckhurst,

Richard Shelley.”

The signatures of some of the principal inhabitants follow on the next page; but it will be seen by the signs, or characters, affixed to those who could not inscribe their names, that education had made but little progress amongst them, John Slater, Bartholomew Bowredge, Stephen Pyper, William Wollay, Christopher Ingelard, Deryk Carver, and J. Duconde, the younger, being the only persons who could sign their names, and their writing even, is of a most inferior description. The figures in parenthesis correspond with those annexed to the signs as here shown, which are the “his marks” made by the persons signing. The names are:—

Richard Stoneham, constable (1), Thomas Worger (2), John Tuppen (3), Thomas King (4), John Ffrende (5), William Hunn (6), Thomas Brackpell (7), James Plumer (8), Henry Gunn (9), William Stallard (10), John Allen (11), Thomas Hardinge (12), Thomas Gunn (13), Patrick Hacket (14), Nicholas Payne (15), William Frende (16), Richard Turynought (17), Thomas Payne (18), William Dighton (19), Thomas Jackson (20), John Anstye (21), Thomas Harding (22), John Hardinge (23), Thomas Nicholl (24), William Duffell (25), William Payne (26), William Kellaway (27), Richard Coby (28), William Eastwarde (29), Roger Boyse (30), John Coby (31), Bartholomew Bowredge by me, Stephen Pyper, William Wollay, Christopher Ingelard, John Streate (32), Christopher Streate (33), Mr. Deryk Carver, Richard Millar (34), John Cooke (35), John Oston (36), John French (37), Roger Hewe (38), John Carver (39), Richard Adroll (40), Francis Morris (41), Edward Bradforde (42), Jo. Browne (43), Thomas Humphreys (44), John Coby (45), John Worger (46), John Eightaker (47), William Broppell (48), John Ffriende, jun. (49), John Bayllye (50), Richard Hardinge (51), Nicholas Good (52), William Body (53), William Heakins (54), Edmund Lock (55), John Boyse (56), John Shetter (57), John Surredge (58), John Eston (59), John Gillet (60), Thomas Hunn (61), William Tanner (62), John Crovill (63), John Swaine, Richard Marchaunte (65), John Duddinge (66), Richard Gunn (67), William a Deine (68), Richard a Deine (69), Jo. a Wood (70), Jo. Smythe (71), John Mellershe (72), John Reggatt (73), J. Duconde, younger.

It is conjectured by some antiquarians that the above marks are symbols of the trade or occupation of those who assented to the foregoing recited orders; their opinion being formed from the circumstance of Stoneham, the constable, being a ship carpenter, and attaching a hatchet to his name; and for the same reason the supposition is that Oston, from his sign was a butcher, Good, a wheelwright, and Mellershe a millwright. The rest seem wholly unintelligible.

In the year 1580, Lord Buckhurst and Mr. Shelley made a new order concerning the penalty falling on the owner or lessor of any house let without the written consent of the constable and churchwardens, which was henceforth to be levied from the under-tenant, as well as from the said owner or lessee.

And in the year 1592, they made another order, which subjected absentees, who owned houses or any other tenements within the parish, to contribute to the public charges of the said parish, in proportion to their possessions there, as if they were residents. In case of contumacious resistance or neglect of the said orders, the constable, or his deputy, and the churchwardens, or any two of them, of which the constable or his deputy being one, were authorised by the above-named commissioners, to imprison such as offended in that particular until they shall be contented to observe and keep the same.

It seems, however, that this commission terminated with the life of Lord Buckhurst, who died in 1608; for we find the inhabitants of Brighthelmston, in ten years after, revising and ratifying “the ancient customs heretofore used among and between the fishermen and landsmen” there, “and orders out of the said customs taken and made,” without the authority or interference of any superior; and as these customs must be materially directive of the internal polity of the town even at this day, the following copy of them, with a few comments on their immediate relevancy to the present parochial constitution of Brighthelmston, will not be unacceptable to many readers.

“Upon [39] agreement made by and between the ancient fishermen and landmen of the town of Brighthelmston, in the county of Sussex, the second day of February, 1618, for remedy and redress of certain disorders in their said town, as also for the better increase of brotherly love and amity for ever hereafter between the said fishermen and landmen, and for the annual payment of certain money called a quarter of a share, heretofore of ancient time usually paid out of every boat in every fishing voyage, to the churchwardens there, towards the maintenance of the church and other public charges about the necessary defence of the town; and of a certain contribution by the rest of the inhabitants, being landmen, towards the bearing of the said charges, to be had and levied; and for the purposes aforesaid the said fishermen and landmen, having met and assembled together, here have set down in writing their ancient customs and orders concerning the true making, paying, and employing the said quarter share; and also of the paying and employing of the said landmen’s contribution, or yearly rate for the uses aforesaid, and for the certainty and true payment thereof in manner and form hereafter following:—

“The Ancient Custom for Payment and Employing the Quarter Share.—Imprimis. It is concluded and agreed between the said fishermen and landmen, the day and year above mentioned, that they, the said fishermen, shall yearly make as they have done time out of mind, a quarter of a share out of every fishing boat in every fishing voyage; and the same so being made, shall yearly and every year pay, at the end of every voyage, unto the fishermen churchwardens for the time being, without diminution or deduction, the said quarter share, to be by them and the other churchwarden, kept and employed unto the only and proper use of the town in the common town box, until the new constable shall be chosen yearly.”—“Item. It is agreed between the said landmen and fishermen above said, that the said landmen shall yearly and every year pay and bring unto the said common town-box, in or upon the second day of February, commonly called Candlemas Day, yearly, half so much money [40] as the aforesaid quarter share shall amount unto; there to be by all the said churchwardens kept and employed unto the general and public use of the town.”—“Item. It is further concluded and agreed upon between the said fishermen and the said landmen, that all manner of town charges whatsoever (the king’s composition or customary wheat only excepted) shall be taken out of the common town box, whether it be for the maintenance of the church, the communion bread and wine, the maintenance of the lecture, the clerk and sexton’s wages, the lights in the fire cage, the paying the king’s majesty’s oats and coals, and the setting forth of soldiers or sailors, and all manner of other necessary and public town charge shall be taken out of the said common town box, by and with the consent of the constable and churchwardens for the time being, and six other, whereof four to be of the sea, two of the land.”—“Item. It is further ordered by and between the said fishermen and landmen, that if it shall happen that the said quarter share and the land contribution will not at any time amount and countervail the whole charge that shall arise and grow by reason of any extraordinary charge happening, that then the constable and churchwardens, and six other of the said inhabitants shall tax, rate, and cess all the said inhabitants proportionably, every one according to their estate and ability.”—“Item. It is also agreed between the said fishermen and landmen that the churchwardens, every year, shall collect and gather and bring in unto the common town-box the said quarter share, and the warders for sea causes to collect and gather it; and the land-warden being with one of the sea-wardens shall also yearly, and every year, bring into the said common town-box the rate or taxation of the other inhabitants not being fishermen; which rate or taxation every year ought to amount to half so much as the said quarter of a share doth yearly; and also shall gather, receive, and take up all rents and other land profits belonging to the town, as the rent of the town-house, town mills, and Bartholomews, which, being so received, shall yearly bring into the said town box, there to be kept up to the general use of the town.”

“Orders concerning the Constable.—“Item. It is further agreed between the said fishermen and landmen, that the constable of the said town shall yearly have for and towards his labour and pains taken in that behalf, and for and towards his charges and expenses, the sum of twenty-five shillings, eight pence, of lawful money of England, to be paid unto him out of the said common town-box, and also that every constable, whether he be a landman or a fisherman, shall yearly have, and quietly enjoy, to his own use, without any let, molestation, or trouble, one horse lease.”—“Item. It is also ordered between the said fishermen and the said landmen, that the two headboroughs of the said town, shall have yearly for their pains and troubles in their office, the sum of five shillings, eight pence, a-piece, to be paid unto them out of the said common town-box; and also shall have and quietly enjoy to their own use, one cow lease, and twenty-five sheep leases, according to the ancient custom.”—“Item. It is also ordered, that there shall be selected and chosen out of the said ancientest, gravest, and wisest inhabitants, eight fishermen and four landmen, for assistants to the constable in every public cause, whereof every one shall be ready to give his attendance upon the constable as often as need shall require: and whosoever shall presume to call together any assembly to the intent to practice or put in use any manner of device or act touching the government of the said town, without the privilege, consent, and commandment of the said constable and assistants, shall forfeit for every time so doing, forty shillings: and to the intent that the choice of the said twelve grave and wise men, may have a continuance, therefore, upon the death or removing of any one of the said Twelve, or of the most part of them, to choose in supply such other of the said town as by them, or the most part of them, shall be thought meet, provided always that such choice shall be always ratified and allowed by the stewards of the lords of the said town, at the law day when the constable is chosen, or by such one of them as shall happen to keep such court in the said town, or otherwise the said choice to be void: and if every such choice shall be by the said stewards, or by such one of them as shall fortune to be present as aforesaid, be disallowed, until a sufficient man or such sufficient men, shall be, in the judgment of the same steward, elected and chosen.”—“Item. For as much as the town is overcharged with the multitude of poor people, which daily are thought to increase by means of receiving under tenants, lodging and harbouring of strangers, and the great disorder of tippling-houses; and that the constable cannot without further assistance, take upon himself the whole oversight and charge of all the parts of the town; in this behalf, it is thought meet that every one of the said Twelve shall have assigned unto him some place, street, or circuit of the said town, near about his dwelling house, where he shall, as deputy to the constable, have special charge for the keeping of good order; and especially to see that the order for the avoiding under tenants be duly observed and kept; and that none lodge or keep tippling without license.”—Item. “For as much as the said inhabitants of the said town of Brighthelmston, hath of long time, and yet still are to the making hereof, been over-charged and suppressed by the multitude of poor people, which daily are thought to increase by the means of many ale-house keepers and victuallers which do harbour and receive all comers and goers, to the great hurt and hinderance of the said inhabitants, and doth still sell and keep ale and beer without license, and against the said inhabitants’ consent, it is now ordered by the said inhabitants, for the suppressing of the said number of ale-houses and victualling-houses, that from henceforth for ever hereafter none of the said inhabitants whatsoever shall at any time hereafter, draw, sell, or keep any victualling or ale-house within the said town without a letter or testimonial of the said inhabitants, in writing, first had and obtained, by and with the consent of the constable, vicar, or curate, and six other substantial men of the said inhabitants, whereof four to be of the seamen, and two of the landmen in their behalf, to be made unto the Justices of the King’s Majesty’s Peace, whereby they, and so many of them, and not more, may be lawfully licensed to use the said trade of victualling and ale-house keeping; and also that such a competent number may be by the said Justices of the King’s Majesty’s Peace (whereof one to be of the quorum), and by and with the consent of the said inhabitants, nominated and appointed: and that none other of the said inhabitants may use or occupy the said trade of victualling or ale-house keeping in the said town, but so many of them as shall be lawfully licensed as is aforesaid, upon pain and peril of every one so doing contrary to the true meaning of this present order, to forfeit for every barrel of beer so drawn, six shillings and eight pence.”—“Item. If any man hath heretofore builded, erected, or set up any house, wall, pale, shed, or any such like thing whatever; or if any hereafter shall erect, build, or set up any house, wall, shed, pale, or any such like thing whatsoever, to the annoyance of the market-place, or of the block-house there, and shall not, upon warning given him by the constable, or his deputy for the time being, pull down or remove away the same within ten days after such warning given, that then he shall forfeit the sum of five pounds.”

“Orders for Payment of the Quarter Share.—These being almost literally the same as those presented to, and ratified by, Lord Buckhurst and Mr Shelley, in 1580, are purposely omitted; as are also, for the same reason, the Orders for the Length of Nets in this second book of Customs.”

“Orders concerning the Landmen.—Item. It is ordered, that the constable and churchwardens of Brighthelmston for the time being, with two or three of the substantial landmen, shall yearly cess, tax, and rate towards the common charge of the town, as well all the landmen, husbandmen, and artificers, and all of the inhabitants having land there; and also all such persons as have lands, tenements, or other yearly profits by land, in the said town, and dwell in other places, according to the quantity of their lands, tenements, and profits, proportionably with the said inhabitants; the which cessment, rate, or taxation, shall be yearly made and set down in writing, under the hands of the said constable, churchwardens, and substantial landmen, before the feast day of Epiphany, and shall amount unto half as much as the quarter share shall come unto yearly: and further it is ordered, that such persons as dwell in other places, and have in their own occupation within the said town, lands, tenements, or other yearly profits, shall likewise yearly pay all such sums of money as they, and every of them, in manner and form aforesaid, shall be rated and taxed, upon pain of such forfeitures and punishments as are to be inflicted on the inhabitants of the said town, for not paying such sums of money as they, in like sort, shall be cessed, taxed, or rated.”—“Item. Whosoever, being a landman, husbandman, artificer, or inhabitant, or every other occupier of land or tenements of and in the said town, that shall not yearly, before the feast day of the Purification of St. Mary, pay unto the Churchwardens for the time being, all such sum or sums of money as he or they shall be cessed, rated or taxed, shall for every time so doing, forfeit the double value thereof.”—“Item. If any owner or lessee of any house in Brighthelmston, admit any tenant or tenants, under-tenant or under-tenants, into his said house, except the said tenant or tenants shall, by the opinion of the constable and the churchwardens in writing first to be set down, be thought of sufficient ability to maintain himself and his family without burdening the town, then the owner and lessee shall, for every month that any such tenant, not being estimated as aforesaid, shall inhabit or dwell in his house, to forfeit unto the use of the poor of the said town, ten shillings.”—“Item. That whereas it is before ordered, that the owner and lessee of any house in Brighthelmston, in case he admitted any under-tenant, without the consent of the constable and churchwardens, first had in writing, shall forfeit monthly during the abode or inhabiting of any such under-tenant not being approved as aforesaid, monthly, ten shillings. Now forasmuch as the said penalties cannot conveniently be levied of such owners as are not resident or abiding within the town, and that the town is more burdened and charged with poor than heretofore it hath been, it is now further ordered, that the penalties for every default contrary to the said order, shall be extended in all points as well against the under-tenants, as against the said lessee or owner.”

“The orders for the churchwardens in this town book, being in substance the same with those before transcribed from the former, they need not hero be repeated.

“The immemorial existence of the above customs in the town of Brighthelmston, is incontestible even at this day: and though some of them be now obsolete on account of the great changes which the town has experienced during the present century, no part of its existing polity can legally run counter to those ancient customs, except upon sanction of an Act of Parliament, or where the right of exercising them has been evidently given up. The commissioners in 1580, only investigated and affixed publicity and order to those customs: and their subsequent orders to the inhabitants, were no more than what a bench of justices may issue at the present day. The independent style of the ancient fishermen and landmen in the second book, seems to be that of men who were conscious of a prescriptive right of legislation in certain matters within their own parish: and the Saxon constitution, whose equitable and benign spirit still feebly pervades what we now call the British Constitution, granted the same right to every parish all over England.

“The custom of choosing three churchwardens annually is still exercised, though the cause of it has ceased to exist for more than half a century past. But the customary existence of twelve assistants and advisers to the constable has ceased, though the occasion for which they were first instituted still remains, nay, increases commensurately with the population of the town. The ancient society of the twelve shall therefore be revived. That such a society did once exist, by custom, cannot be denied: and the mere neglect of a custom for ever so many years is no deseasance of the right to exercise it at any subsequent period. But its revival shall not be for the creation or benefit of a party. Political equality is the birth-right of every Briton; and no civil power can be lawful which emanated not originally from the assent of society, and is invariably exercised for the public good. The Twelve therefore shall be chosen by ballot at a public meeting of all the inhabitants, and every future vacancy in that body filled by public election in the same manner. The gentleman who presides at present at the court leet of the town, there is every reason to suppose, would cheerfully ratify so respectable an election; and the police of so populous a parish would, in future, be managed with signal vigilance, under the inspection of twelve chosen guardians of the public peace and prosperity.

“It was the discontinuance of the ancient society of the Twelve, that made it necessary to appoint commissioners by act of Parliament, in the year 1772, for lighting and cleaning the streets, lanes, and other places within the town of Brighthelmston; as also for removing and preventing nuisances, holding and regulating a daily market there, and building and repairing groynes, in order to render the coast more safe and commodious for vessels to unload and land sea-coal, culm, and other coal, for the use of the town: and in order to enable the said commissioners to accomplish these public and serviceable ends, they are allowed by the act, a duty of sixpence on every chaldron of coal or culm so landed. As it is not unlikely a question may hereafter arise concerning the precincts of the commissioners’ power, it may not here be unseasonable to consider how far it extends. As the letter of the act seems to confine it to the limits of the town, the sagacity of litigation may discover that the buildings erected since the year 1772, in the then common fields and environs of Brighthelmston, could not have been in contemplation of the framers of the act, inasmuch as those buildings were not then in esse. But as there never were any fixed boundaries to the town, as far as continuous buildings and population reach within the parish, so far, I conceive, shall the town, and consequently the power of the commissioners, be admitted always to extend. Otherwise, indeed, the act would be abortive and absurd. These commissioners were originally sixty-four in number, and constituted of the most respectable inhabitants in the town. Many vacancies by death and removal, have since occurred, and been very properly filled by election among the existing members. Yet I am so fully assured of the evil tendency in general, as well as the injustice of political monopoly of every kind, that I regret the right of election on those occasions had not vested in the inhabitants at large.

“But as the authority of the commissioners exceeds not, except in a few particulars, that of parochial surveyors, the Society of Twelve, if called forth again into existence and exertion, would be of great benefit to the town. In summer, Brighthelmston too frequently becomes the chief receptacle of the vice and dissipation which the sickening metropolis disgorges into our watering places at this season. Its population then is upwards of ten thousand, and only one constable and two headboroughs to preserve the order and safety of the town amidst such a medley. Were there twelve more of the most active and intelligent inhabitants of the town, united with them in directing and strengthening its police, the careful parent would then have less reason to fear the gambler for his son, or the debauchee for his daughter. The constable of Brighthelmston had such a society to assist him when it was but an obscure fishing town: the propriety of reviving the same, at this period of its popularity and splendour, I leave every thinking inhabitant of the place to consider and enforce.”—Dunvan, 1795.