No. 7. DENEBERHT AND WULFHEARD, 803. Cod. Dip. CLXXXIV. THIS seems to be a case of arbitration between churches by a church council, rather than a suit at common law. Deneberht, Bishop of Worcester, claimed against Wulfheard, Bishop of Hereford, the right of refection in two monasteries belonging to the latter church. Wulfheard denied Deneberht's title, and also alleged thirty years' possession. Deneberht proved the exercise of the right by his predecessors, and the interruption of the possession. Finally, by the intervention of the archbishop, the suit was compromised. ... ANNO dominicae incarnationis DCcc.III°. indict. XI. uero qui est annus VII. regni Cenwulfi pii regis Merciorum, factum est sinodale conciliabulum aet Clofeshoum, praesidente Aethelheardo archiepiscopo; ibi etiam inter alia plura facta est contentio inter Deneberhtum, Uueogernensis aecclesiae antistitem, Uulfheardumque Herefordensem praesulem. Sunt autem monasteria in parochia Deneberhti Celtanhom, Beccanford, quae olim in antiquis diebus ad Herefordensem aecclesiam praestita fuerunt, in quibus postulabat suam pastum qui ei episcopali iure pertinebat, ipse Deneberht sibi reddi. Uulfheard autem e contra narrabat, ut ei nullam dare debuisset, neque umquam antecessores illius aliquam ibi haberent. Et si erat umquam, iam xxx. annis et eo amplius nemo illum, neque ante ... In the year of our Lord's incarnation 803, indiction 11, 一 that is, the seventh year of the reign of Cenwulf, pious king of the Mercians, - a synodal council was held at Clovesho, Archbishop Æthelheard presiding.... There, among several other matters, a dispute arose between Deneberht, bishop of the church at Worcester, and Wulfheard, Bishop of Hereford. Now, Cheltenham and Beckford are monasteries in the diocese of Deneberht, which formerly, in old times, were given to the church of Hereford. In these, Deneberht demanded that his right of refection, which belonged to him by episcopal right, should be restored to him. Wulfheard, on the other hand, said that he ought not to give him any refection, nor had his predecessors ever had any refection there; and, if it was ever so, now cessores eius, huiuscemodi pastu pulsaret neque tangeret. Deneberht autem cum testimonio narrabat, ut Uuermund episcopus pastum acciperet aet Beccanforda, Hadoredus similiter aet Celtanhomme, insuper et ipse Uuulfheard ei pecuniam daret pro pastu, haecque cum testimonio comprobauit. Cum uero huiuscemodi hinc et inde multa contenderunt, uentum est ad sermonem, ut archiepiscopus Deneberhtum rogabat dimidia sibi huius pastus praestare et altero anno semper aet Beccanforda suam refectionem acciperet, altero aet Celtanhomme. Ille autem respondebat se et uelle et debere in omnibus eius parere praeceptis; hoc modo tamen in testimonio totius sinodi in diem eius praestare et non amplius; idque litteris confirmare ut scient omnes qui eius sunt successores, quod ipse nunquam intermittit, quod Uueogernensi aecclesiae ad utilitatem recte pertinet. .. for thirty years and more no one had ever either demanded or received such refection from him or his predecessors. Then Deneberht narrated with witness how Bishop Wermund received refection at Beckford, and Hathored, in the same way, at Cheltenham; how, moreover, Wulfheard himself gave money to him, instead of the refection; and these things he proved with witness. When, in this way, they asserted many things on this side and on that, it came to speech that the archbishop asked Deneberht to give up, for his sake, half of this right of refection, so that he should receive his refection always, one year at Beckford, and the second at Cheltenham. Then he replied that he wished and ought in all things to obey his precepts, yet with this limitation, in the witness of the whole synod, to give it for his life only and no longer; and to confirm this in writing, that all his successors may know that he never neglects any thing which rightly pertains to the advantage of the church at Worcester. ... 21 No. 8. ETHELRIC, 804. Cod. Dip. CLXXXVI. ETHELRIC apparently wished to dispose of his lands by will, and suit was brought to prevent his doing so (perhaps by his legal heirs). The Witan decided that Æthelric had the right. ... ANNO ab incarnatione Christi .DCCC.IIII. Indictione .XII. ego Aethelric, filius Aethelmundi, cum conscientia synodali inuitatus ad synodum, et in iudicio stare, in loco qui dicitur Clofeshoh, cum libris et ruris, id est, aet Uuestmynster, quod prius propinqui mei tradiderunt mihi et donauerunt, ibi Aethelhardus archiepiscopus mihi regebat atque iudicauerat, cum testimonio Coenuulfi regis, et optimatibus eius, coram omni synodo, quando scripturas meas perscrutarent, ut liber essem terram meam atque libellos dare quocunque uolui. ... ... In the year of Christ's incarnation 804, indiction 12, I, Æthelric, son of Æthelmund, with the knowledge of the synod, being summoned thereto, to stand in judgment in the place which is called Clovesho, with the charters of the land at Westminster, which formerly my kinsmen gave and delivered to me, there Archbishop Æthelheard presided and judged, with the witness of King Cenwulf, and all his chief men, in the presence of the whole synod, when they had examined my charter, that I was free to give my land and charters wherever I would. ... No. 9. BEORNWULF OF MERCIA, 824. Cod. Dip. CCXVIII. THE monastery of Berkley brought suit against Bishop Heaberht for the monastery of Westbury, part of the inheritance of Æthelric. The oath was given to the bishop, who was in possession and held the charter. After thirty days, the bishop swore to his title. ... ANNO uero ab incarnatione domini nostri Ihesu Christi DCCC XXIIII. Indictione autem II. regnante Beornulfo, rege Merciorum, factum est pontificale et sinodale conciliabulum in loco qui dicitur Clofeshoas, praesidente ibi rege praefato, ac uenerando uiro Wulfredo archiepiscopo illo conuentu regente ac moderante. Illic omnes episcopi nostri, et abbates, et uniuersi Mercensium principes, et multi sapientissimi uiri congregati adessent, ubi, inter alia plura colloquia, aliqua contentio allata est inter Heaberhtum episcopum, et illam familiam aet Berclea, de haereditate Aethelrici filii Aethelmundi, hoc est, monasterium, quod nominatur Uuestburh. Habuit autem episcopus ante nominatus terram illam cum libris, sicut Aethelricus ante praecepit, ut ad Uueogernensem aecclesiam redderetur. Statuta est autem atque decreta ab archiepiscopo, et ab omni sancta sinodo illa consentienti, ut episcopus, qui monasterium et agellum cum libris haberet, cum iura ... In the year of the incarnation of our Lord Jesus Christ 824, indiction 2, in the reign of Beornwulf, king of the Mercians, a pontifical and synodal council was held in the place which is called Clovesho, the aforesaid king presiding, together with the venerable man, Archbishop Wulfred. There all our bishops and abbots, and all the chief men of the Mercians, and many of the wisest, were assembled, when, among several other suits, one was brought between Bishop Heaberht, and the chapter at Berkley, about the inheritance of Æthelric, son of Æthelmund, that is, the monastery which is called Westbury. Now, the aforesaid bishop held this land, with the charter, according to Æthelric's command that it should revert to the church at Worcester. Then it was ordered and decreed by the archbishop, and by all the holy synod consenting, that the bishop, who had the monastery and the land, with the charter, on the oath of mento dei servorum presbiterorum, diaconorum et plurimorum monachorum, sibi in propriam possessionem terram illam cum adiuratione adiurasset. Et ita finita est praescripta illa contentio coram episcopo : post xxx. noctes illud iuramentum to Uuestmynstre deductum est. ... servants of God, priests, deacons, and very many monks, should swear that land to himself, to his own possession, with an oath. And so the aforesaid dispute was ended, in the presence of the bishop. After thirty days, that oath was performed at Westminster. ... CENWULF of Mercia deprived Archbishop Wulfred, against his will, of his dignity and lands. After the death of Cenwulf, the archbishop sued his daughter and heir, Cwenthrytha, before the Witan, and obtained a judgment against her for restitution, and compensation for damages. This judgment seems not to have been carried into effect. King Beornwulf interposed to bring about a reconciliation; and, after several efforts, a settlement was effected by the submission of Cwenthrytha. ... ... ANNO vero Dominicae incarnationis DCCCXXV., indictione III., de diuersis Saxoniae partibus congregatum est synodale concilium in loco praeclaro quae nominatur aet Clofeshoum. praesidente. Uulfredo archiepiscopo seu etiam Beornuulfo regi Merciorum caeterisque episcopis et abbatibus necnon et ducibus, omniumque dignitatum optimatibus generositatem stabilitatemque regni terrestris consiliantes ac quaerentes Tantumdem uero inter aliarum allocutionum uerba patefactum est quod praefatus archiepiscopus Uulfredus per inimicitiam et uiolentiam auaritiamque Coenwulfi regis ... ... ... In the year of the Lord's incarnation 825, indiction 3, a synodal council was assembled, from the different parts of Saxony, at the famous place called Clovesho, Archbishop Wulfred presiding. as also Beornwulf, king of the Mercians, and the other bishops and abbots and ealdormen, and most eminent persons of all ranks [being present], taking counsel and making inquiry in regard to the excellence and stability of the earthly kingdom. length, among other matters of discussion, it was made known that At |