THE BOOK OF ALL THE "AUNCIENT CUSTOMS."
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.
[Picture: The signs of the principal inhabitants]
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.