11. New Romney and the 'river of Newenden' in the later Middle Ages Eleanor Vollans Introduction Snargate-Old Romney sections of the Rhee had The main purpose of this paper is to examine the different histories; while the former can be seen dimly in relationship between the port of New Romney and its reports of land submerged by the tides and subsequently marsh hinterland in the later Middle Ages. The reclaimed, references to the latter are scarce. publication of the Romney Marsh Soil Survey memoir The whole link had an effect upon the organization of and map in 1968 by R. D. Green added a new dimension marsh drainage apparent to this day. It was thought to marshland studies, and the implications of his work vital to the fortunes of New Romney; yet in the fifteenth are still being examined closely. Its pertinence to an century the Corporation built harbour works which understanding of the archaeology and history of the seem not to have been related to the Appledore corridor. Marsh has been discussed most helpfully by, among This calls into question Romney's management of other others, Cunliffe (1980) and Brooks (1981). This paper water channels, and indeed the whole nature of its concentrates upon the link between Romney and trading activity. The conclusions reached depend upon Appledore, which originated in 'the river of Newenden' evidence relating as much to marsh reclamation and and ended by being known as 'the Rhee' (Fig. 11.1). drainage as to the affairs of New Romney itself. The first The 'river of Newenden' was so referred to in 1258, part of this paper is concerned to set familiar material in when the citizens ofRomney maintained that their town the context of the jurisdictions of the Marsh and of the had been founded on it. The name is elusive; but both Port, and thereby shed fresh light on a long-debated the names 'river of Newenden' and 'river' or 'water of subject. The sections which follow introduce new L~menee' were used occasionally for the channel from material. Robertsbridge or Bodiam to Appledore (Cal. Pat. Rolls 13 13-1 7,134,695; 1317-2 1,609). The most that can be said confidently about the 'river of Newenden' is that, in the mid-thirteenth century, it flowed past Appledore Sources and Snargate on its way to Romney, and that in so doing The paper has been shaped by the surviving archives of it must have collected some or all of the run-off now three kinds of medieval jurisdiction. Ecclesiastical represented by the Horne Brook near Appledore and the institutions holding estates in the Marsh are one such, Speringbrook drainage. members of the Cinque Ports Federation and the Among the earliest uses of the name 'Rhee' that have Federation itselfare another, and the Liberty ofRomney come to light is a record of St. Augustine's Abbey at Marsh proper is a third. Each of these authorities had Canterbury dated 1360. The Abbey arranged that the frequent need to transact business with, or on behalf of, vicar of Brookland church was to receive the greater the king; and the king's letters as they appear in the tithes of lands "lying across the Re ..... viz. from beyond Calendar of Patent Rolls are a mainstay of the paper. To the bridge called Brynsete and towards the parish the letters are added the findings of inquisitions and churches of Brynsete, Snaves and Ivercherche" (Davis ordinances of the king's justices as they appear in various 1934, 514). archives. Attention has been paid to the records of The antiquity of the Rhee (once thought to be a sea Robertsbridge Abbey as summarized by the Historical wall of Roman origin) was called into question by Ward Manuscripts Commission, and of the Priory of (1940) and by the distribution of soils on Green's map Bilsington (Neilson 1928). The accounts of the (1968). It has since become clear that any short phrase Corporation of New Romney c. 1380 - c. 1520, as purporting to account for the Rhee's whole length is reviewed by the Historical Manuscripts Commission, likely to be wide of the mark. Two statements can be have been read year by year. Although the review made about its eastern end. A channel from Old to New contains only a modest selection of entries from the Romney was proposed in 1258 and subsequently dug; it original, a study of its complete contents would permit a became part of 'the land between the walls'. In the early fuller account of the harbour and the life of the Port than fifteenth century this channel was allowed to dry up. is relevant here. The items of expenditure mentioned Questions prompted by these events are followed up in later in this paper tell their own story. The archives of the present paper. The Appledore-Snargate and the Liberty of Romney Marsh, once kept at Dymchurch New Romney and the 'River of Newenden' 129 I \ / \L___ 'X '--TO ---,c -' --10-- 10 metre ~untu~lr Sewer = Rhee wall *LL* Marsh wall '---.KENARDINGTON W,, : , .. 1 I' ... ...G +SNAVE 2 M~les : ..... 1 2 3 K~lometres p .... ROMNEY WATERING m FAIRFIELD COURT. D a0 Cn 9 Fig. 11.1 New Romney and the Rhee Features shown on All Souls College, CTM 226a/65a (7. Gull) and BL Cotton Augstus I i 25. The Marsh Wall at Belgar is mentioned in a terrier of 1381 (Neilson 1928, 210-11). and now in the Kent Archives Office, do not go back what follows, the term 'Liberty of the Marsh' is used to further than the sixteenth century and the affairs of the indicate the administration of Romney Marsh proper Liberty in the later Middle Ages have to be understood from the mid-fourteenth century onwards. from collections of notes and copied ordinances, many of The Cinque Ports' jurisdiction, which bound together them belonging to ecclesiastical archives. Among these, the ports of the south-east coast from Hastings to the registers of Christ Church, Canterbury are a Sandwich, comprised the territorially distinct Liberties storehouse from which much information relating to the of its members. The Port of Romney, always smaller Marsh has still to be gathered; valuable insights have than Dover, Sandwich or Hastings, had the advantage been given by Smith (1943) and du Boulay (1966). ofa location midway between east and west. Thus it was within easy reach of the court of Shepway, nearer still to the site of the Brodhull (see below), and was itself chosen on occasion as a meeting place in which to conduct the The Liberties of the Marsh and of the Port business of the Ports (Gal. Pat. Rolls 1258-66, 152; As the title suggests, the Level and Liberty of Romney Murray 1935, 153-4). Ease of access both by water and Marsh combined two aspects of jurisdiction. The jurats land was important to Romney, and the boundaries of of the Level had powers in respect of land drainage and its Liberty, which extended inland across the marshes to sea defence which had been formulated in the reign of Appledore, played a part in shaping the physical history Henry I11 (see below). Two hundred years later, of the Marsh. additional powers and privileges in the form of civil and criminal jurisdiction were granted by Edward IV in 1461-62. This created a Liberty in the fullest sense of the The Marsh term. Edward's charter provided for a bailiff and jurats The Charter of Romney Marsh (1854) had its origin in the to continue to be elected in the accustomed manner, and provision made by Henry I11 to give constitutional form Teichman Derville (1936, 43, 51) considers that the to those marshland customs which had operated, in the charter was granted to the jurats of the Level in a new words of the Charter, "time out of nlind". The principle capacity. Moreover these jurats, in their task of applied in maintaining banks and water channels to maintaining walls and watergangs, had been freed by protect the marsh from inundation was very simple: that Henry I11 from interference by the sherie in this "everyone, for the portion of acres subject to the same restricted sense they already had some autonomy. In danger, do equally contribute to sustain them". The 130 Eleanor Vollans administration needed to put this principle into practice about the affairs of individual Ports, some relating to was based on the meeting of 'jurats', that is, individuals trade and shipping and others to harbour works, chosen by the men of the Marsh and representatives of fortifications and the protection of the harbour against the Lords of the Marsh. Henry 111's intervention meant storms. that the decisions of the jurats about what was needed and how much should be contributed, were now backed by royal authority. The sheriff of Kent was expressly Areas of jurisdiction forbidden to meddle with the distraints made by award The two jurisdictions, so different in function, were alike of the jurats and, were complaints to arise, justice was in needing a well-defined boundary. The Marsh jurats reserved to the king "or his especial mandate". Thus were the custodians of a chosen perimeter by virtue of many of the disputes which came to the attention of their office; but it was equally important to the Port Henry I11 and his successors were given a lasting jurats that the limits of their Liberty, within which Port expression in the ordinances of the king's justices. These 'customs' held good and from which the sheriff's writ amplifications of marsh law were enrolled by the royal was excluded, should be made clear.