“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.

Chapter VII.
THE TENANTRY LANDS.

Upon the general survey made throughout England, by order of King Alfred, the tenantry land of Brighthelmston, was, like the estates in general, in other parishes of the kingdom, planned and plotted out; and from time to time, down to the present date, the possessions of the different land-owners, have, from various changes in the proprietorship, been re-measured and set out; and such a procedure is termed taking the terrier. Dooms-day Book has it: Statutum de admensuratione terrarum. Dooms-day Book is a book that was made by order of William the Conqueror, in which all the estates of the kingdom are registered. It consists of two volumes, which are deposited at Westminster, in the chapter-house; where they may be consulted on paying the fee of 6s. 8d. for a search, and 4d per line for a transcript. It was begun in 1081, and not completed till 1087. There is a copy of it in the library of the dean and chapter of Exeter. One leaf of it was discovered some years since at Nettlecombe, in Somersetshire, a seat of Sir John Trevelyan, Bart, who sent it to the dean and chapter. There is a story extant in connexion with finding this leaf. In a room at Nettlecombe, which was used as a depository for lumber, and furniture and goods not in general use, a square of glass in the window always remained broken; and notwithstanding, from time to time, the window was repaired, the next morning, not only was the glass found to be demolished, but, invariably, three drops of blood stained the sash. It happened on one occasion when the deeds of the estate had to be referred to by the solicitor of the family, Mr. Leigh, that the remarkable incident of the window was mentioned to him; as the family parchments and papers were actually deposited in a strong chest in that very room. Being a person of a superstitious turn of mind, and of antiquarian research, he conceived the idea that amongst the accumulation of musty deeds, there was one which would give the solution to the strange mystery. A general overhauling therefore, of the contents of the old oak chest was made; but nothing of any moment was discovered, save a dingy leaf of some book, which seemed to have no connection whatever with the rest of the papers. This proved to be the long lost and frequently sought for leaf of the Exeter Dooms-day Book. The story continues, that the square of glass was that day repaired; and the next morning not only was it found to be broken, with the three drops of blood sprinkled on the sash, but upon the lid of the old oak chest, having filled its mission, lay dead a pure white dove. Ever after the restored window remained uninjured. On the 3rd day of March, 1738, was made:—“A General Terrier of the several Lands lyeing and being in the Common Laines of Brighthelmston, in the County of Sussex, shewing each person’s quantity in Pauls, Eight of which make an Acre; made and agreed unto by several owners and occupiers.”

The several Laines are: West Laine, Little Laine, East Laine, Hilly Laine, and North Laine. There are besides, portions called White Hawk, and Church Hill. The Laines are set out in measured areas, termed furlongs, [46] which furlongs are subdivided into irregular portions called paul-pieces, “eight of which make an acre,” the tenantry acres varying considerably as to the number of rods they contain, ranging from 35 to 210 rods. Some of these have other pauls running into them; and in such instances, from the shape they thus assume, they are termed “hatchet pieces;” while the extreme pauls of the furlongs in the Laines, are called “headlands.”

The Terrier at present used in defining property in the parish, is the “Terrier to the tenantry land in the parish of Brighthelmston, as it was measured and set out in the year MDCCXCII, by Thomas Budgen.” Copies of the Terriers, in a book form, are in the hands of several of the solicitors and surveyors in the town, and the proprietors of the tenantry lands. The most concise plan is a map of the whole parish, with elaborate references. For the convenience of cultivation, a Terrier was taken, agreeable to a resolution passed by the principal landholders, at a meeting which was held at the Old Ship, on the 26th day of March, 1776, that by drawing lots the owners of several pauls in different parts of a furlong, might have their lands together in one piece in each furlong. The arrangement did not in the least alter the proprietorship of the several pauls.

The following is the whole content of the Parish, as taken by Mr John Marchant, surveyor, May 12th, 1832:—