Wellsbourne took its name from a stream which till within the last few years ran, in the winter time, nearly the whole length of the hundred. It rose near the upper end of Patcham street, and entered the sea at the Pool,—Pool Valley,—in Brighthelmston. Within the last thirty years it burst out with so large a current as to inundate the Level to the north of the town, and even the greatest part of the Stein. In the spring of 1806 it laid the north of the town under water. After the last inundation, in the winter of 1827–8, a large sewer, called the Northern Drain, was laid down from the northern boundary of the London Road, to the sea, its outlet being in front of the Albion Hotel. The source of this stream or bourne, being the well at Patcham, it had its name from that circumstance, and lent it to the said hundred.

The leet or law day, the view of frankpledge for this hundred, was held on Easter Tuesday, when all the officers of the hundred, except the headborough of Patcham, were elected. The Constable of Brighthelmston was always chosen by and out of the Twelve of the town. The headborough, afterwards styled the constable of the borough of Deane or Patcham, was nominated in rotation for that office, according to the particular lands he held within the borough. From and after 1618, by arrangement between the two classes of inhabitants, the fishermen and the landsmen, “Twelve out of the ancientest, gravest, and wysest inhabitants of the town, eight fishermen and four landsmen, were selected for assistants to the conestable in every public cause.” The constable was then termed the High Constable, and his twelve assistants were called Headboroughs. The constable of Brighthelmston served at Quarter Sessions, musters, and other public services for the whole hundred, the constable of the Deane being only his assistant or deputy within the borough of the Deane or Patcham. There was also chosen at the leet or law day for this hundred, which is in the deanery of Lewes, an ale-conner and a searcher or sealer of leather. Since the town became incorporated, in 1854, no headboroughs have been chosen; but Mr James Martin, who was appointed at the last annual Court Leet of the Earl of Abergavenny, by the steward of the Leet, F. H. Gell, Esq., on Easter Tuesday, 1855, continues the High Constable of the Hundred of Whalesbone: his duties however are very trifling, merely consisting of taking charge of the Parish Jury List, and presenting it to the Clerk of the Peace for the County.

The following is a list of the Constables who have served the Hundred as far as the records of them are made in the Town Books, or other proofs are given:—

1589. Henry Gunn.
1597. Thomas Jeffery.
1618. Richard Stoneham.
1660. John Brooker. [23]
1670. Nicholas Tattersal (Captain).
1683. Richard Harman.
1690. Richard Masters.
1691. Richard Harman, senr.
1692. John Ellgate.
1694. Thomas Stanbridge.
1695. Richard Masters.
1696. Henry May.
1697. George Beach.
1698. Henry Stanbridge.
1699. John Woolger.
1700. Thomas Gillam.
1701. Israel Pain.
1702. Jonas Hunn.
1703. Joseph Buckall.
1704. Thomas Ridge.
1705. John Gold.
1706. Jonathan Wegeram. [24]
1707. William Gillam.
1708. James Friend.
1709. Nicholas Roberts.
1710. Richard Masters.
1711. Thomas Roberts, jun.
1712. Thomas Bewman.
1713. Richard Legate.
1714. John Peircy.
1715. Israel Pain, jun.
1716. Dighton Elgate.
1717. Richard Roggers.
1718. Henry Stanbridge.
1719. Thomas Swan.
1720. Philip Mighell.
1721. William Heaves.
1722. Thomas Scutt.
1723. John Masters.
1724. Nicholas Sanders.
1725. Samuel Dean chosen, but dying, Edward Heath served.
1726. Thomas Simons.
1727. John Tuppen.
1728. William Bradford.
1729. Henry Paine.
1730. Thomas Wood, alias Dine.
1731. William Friend.
1732. Richard Lemmon.
1733. Richard Harman.
1734. Richard Masters.
1744. Hugh Grover.
1745. James Ridge.
1746. James Brooker.
1747. Thomas Sanders.
1748. Richard Mighell.
1749. Israel Paine.
1750. William Grover.
1751. Thomas Roberts.
1752. Philip Mighell.
1753. Thomas Kent.
1754. David Vallance.
1755. Thomas Gillam.
1756. Hugh Saunders.
1757. John Lashmar.
1758. Thomas Measor.
1759. William Buckoll.
1760. Edward Smith.
1761. Richard Tidy.
1762. William Lucas.
1764. John Tuppen.
1765. Henry Beach.
1766. Francis Carter.
1767. William Chapman.
1768. Stephen Poune.
1769. Stephen Flemming.
1770. Beach Roberts.
1771. Harry Stiles.
1772. William Bradford.
1773. Robert Davis.
1774. James Buckoll.
1775. Richard Willett.
1791. Robert Williams.
1792. John Kirby.
1793. Thomas Tilt.
1794. William Wigney.
1795. John Baulcomb.
1796. James Vallance.
1797. William Chapman.
1798. Stephen Gourd.
1799. Richard Lashmar.
1800. Cornelius Paine.
1801. Stephen Wood.
1802. Philip Vallance.
1803. Daniel Hack, who affirmed.
1804. Thomas Newington.
1805. Thomas Saunders.
1806. Thomas Saunders.
1807. William Newbold.
1808. Adam Maiben.
1809. John Mills.
1810. John Hargraves.
1811. Harry Colbron.
1812. Edward Blaker.
1813. Alexander Baldey.
1814. Robert Ackerson.
1815. William Williams.
1816. George Richardson.
1817. John Williams.
1818. Richard Bodle.
1819. Richard Humber.
1820. John Myrtle.
1821. George Wood.
1822. George Wigney.
1823. William Blaber.
1824. William Boxall.
1825. Samuel Akehurst.
1826. Thomas West.
1827. Edward Hill Creasy.
1828. James Cordy.
1829. Thomas Palmer.
1830. J. G. Sarel.
1831. D. M. Folkard.
1832. Samuel Ridley.
1833. John Poune.
1834. William Hallett.
1835. John Yeates.
1836. John Ade.
1837. T. H. Wright.
1838. John Bradshaw.
1839. Henry Smithers.
1840. William Barnes.
1841. Thomas Fuller.
1842. Edward Humphreys.
1843. Edmundus Burn.
1844. George Chittenden.
1845. Robert Williams.
1846. William Catt.
1847. William Towner.
1848. William Lambert.
1849. George Cheesman, jun.
1850. Charles Smith, who appointed his brother George to serve.
1851. M. D. Scott.
1852. William Beedham.
1853. H. P. Tamplin.
1854. P. R. Wilkinson.
1855. James Martin, who continues to be the High Constable of the Hundred. [25]

On the 5th of April, 1793, at a Vestry Meeting held at the Town Hall, it was ordered: “That in future the Constable (High) be allowed twelve guineas, to be paid in full, for all expenses during his office, including four guineas for a dinner.”

It was customary at the Court Leet, each Easter, to choose a High-Constable Elect, but he was not always appointed at the next Court; as, in 1814, Mr. Ackerson was chosen, although Mr. W. Williams was the elect.

Chapter VI.
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.