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13th-century manuscript of canon law, the 'Decretum' of Gratian.

 Item
Identifier: Adv.MS.3.1.12

Scope and Contents

13th-century canon law manuscript containing the 'Decretum' of Gratian, with glosses to the text only in select places. Ker has dated the manuscript to the first half of the 13th century. The main body of text is written in littera textualis in double columns of 50 to 51 lines each, with spaces left for glosses in two columns.

Borland suggests that the manuscript was possibly executed in France based on the illumination. Dolezalek believes the manuscript can be attributed to Britain due to the decoration, the compass pricks along the inner margins, and the occasional use of the British shorthand for "et" in the text and glosses.

The division of the 'decretum' is as follows:

Gratian, 'Concordia discordantium canonum ac primum de jure naturae et constitutionis', in 101 distinctions. Folios 1r-59r.

Gratian, 'Causae'. Incomplete, lacking 'Causae' 8-11 and 17-21. Folios 59v-198v.

Gratian, 'De consacratione'. Folios 198v-217v.

The manuscript is not complete. Several of the 'Causae' are wanting and three folios have been lost. Glosses to the text are infrequent, and can be found in 'Distinctiones' 53-54, from 'Distinctiones' 82 to 'Causa 1, Questio 2', and in parts of 'Causae' 11, 12, 16, and 20. Dolezalek has established that the glosses refer to the main text by means of signs in red ink consisting of dashes, commas, dots, and circles. Most of the glosses offer explanations to the text, and only very few glosses make cross references to other works. There are several quotations on folio 59v which make reference to the 'Decretals' of Gregory IX. Authors of the glosses are rarely mentioned, however, Dolezalek has identified some which end with a siglum 'jo.', which probably refers to the gloss of Johannes Teutonicus Zemeke. Dolezalek has collated the glosses with the 1585 printed edition of Gratian's 'Decretum'. He concludes that the collated glosses match but that the printed edition contains many more glosses than the manuscript.

In addition to the glosses there are freuqent marginal annotations and notes in contemporary and later hands. Many of these annotations have, however, been erased. Pentrials in a darker ink are also present in the margins of folios throughout the volume.

Litterae notabiliores are given in red and blue with red and blue penwork, often extending into the margins. Guide letters are occasionally present for the larger initials. Smaller initials are stroked with red. The rubrics and chapter titles are red.

Chapter headings in upper margin are in red and blue, with guide letters for this occasionally visible in the outer margin, though often cropped. The chapter and divisional numeration is in red and blue Roman numerals in the margins, and occasionally also in Arabic numerals in plain ink, although many of these have been erased.

There are illuminated initials at beginning of the 'distinctio' and throughout the 'casuae'. These are executed in colour and conventionally floriated, with various forms of spirals ending in buds, volutes, grotesques, and animal forms. The backgrounds are of burnished gold and the colours, mostly blue and lake, are relieved by white tracery. The whole of the first word or phrase is illuminated alongside its initial, the letters are burnished gold with inlays of lake or white upon grounds of blue or lake.

Illuminated initials are on the following folios: 1r, 59v, 74r, 81v, 83r, 84v, 87r, 95v, 105r, 107r, 109v, 117r, 119r, 121r, 122r, 124r, 127r, 149r, 154v, 161r, 162r, 164r, 164v, 170v, 192v, 193r, 197v, 198v. The illuminated initial on folio 198v has been cut out.

There are marginal and interlineal additions and annotations, some of which are scribal, as well as maniculae and faces.

A horizontal catchword is visible on folio 159v.

Quire signatures, given as lower case letters, are occasionally visible in the centre of the lower margin. Many of these have been rubbed out or cropped.

The following folios are half-leaves, the lower margin being cut away: 68, 90, 124, 143, 144, 147, 174, 177, 189.

There are contemporary repairs throughout. Each folio, recto and verso, has been lined and ruled in red. Pricking is evident consistently on the inner margin, and less consistently on the three remaining margins.

Dates

  • Creation: 1st half of 13th century.

Creator

Conditions Governing Access

Normal access conditions apply.

Conditions Governing Use

Normal reproduction conditions apply, subject to any copyright restrictions.

Extent

1 Volumes ; 41cm x 30.3cm x 8.2cm

Language of Materials

Latin

Arrangement

i + 217 folios, as well as 2 modern paper flyleaves to the front and 2 modern paper flyleaves to the rear.

Collation as recorded by Catherine Borland:

a-k¹⁰, l-o⁸ (wants 2 and 3), p¹⁰, q⁸, r9 (wants 1), s⁸, t-z¹⁰

Custodial History

Ker has identified the ownership inscription on folio 217v as that of Beauly Priory, near Inverness, which is said to have been founded around 1230 as a house of the French Valliscaulian order and later converted to a Cistercian priory in 1510. This inscription is mostly illegible, but was probably written by Prior Nicholas Barchon in 1420. Borland dates the inscription to the 16th century, whilst Dolezalek dates it to the 15th century. The inscription possibly reads: 'Iste liber ut pertinet Priori Nicholas Barchon cum suis monachis de monasterio Bel Lilium quod omni die in tempore praedicte prioris ... se ordinavit quod numquam[?] ... fuisset cum suis maioribus matutinas cantatur cum messis ac vesperis ... ut vixerat id? deus queso? ... non sit statim. Prior ... Barchon scriptum ... domino gratia M quadringentesimo XX'.

The manuscript was originally presented to the Advocates' Library in 1686 by George Mackenzie, First Earl of Cromartie and Viscount Tarbat, but was not received until 1747.

Upon the death of George Mackenzie it appears that the manuscript passed into the hands of his son James Mackenzie, 1st Baronet of Royston. The manuscript was in the sale of Lord Royston on the 12th of December 1746, where it was claimed on behalf of the Advocates' Library by John Gordon, advocate. It is not clear whether the manuscript had previously been removed from the Library or whether the original donation of the manuscript had not been carried out. The gift of the manuscript into the Library was certified by John Stewart of Farnese in 1747 as inscribed on the recto side of folio i: 'Facultatis Juridicae Bibliothecae quae Edinburgi est, Georgius primus Comes de Cromertie donavit. Joannes Stewart de Farnese Armiger, Comitis praedicti pronepos, confirmavit. A.D. MDCCXLVII'.

There is an ownership inscription of the Library of the Faculty of Advocates in the gutter margin on the recto side of folio 1.

On the recto side of folio i is the old shelfmark of the volume supplied by the Faculty of Advocates: 'W.1.5'. There are two further shelfmarks on this leaf which have since been scored through: '18.a.6' and '18.1.6', also supplied by the Faculty of Advocates.

Immediate Source of Acquisition

Deposited, 1925, by the Faculty of Advocates.

Existence and Location of Copies

Microfilm available: Mf.Sec.MSS.435.

Bibliography

'Analecta Scotica: Collections Illustrative of the Civil, Ecclesiastical, and Literary History of Scotland. Chiefly from Original MSS. Second Series'. (Edinburgh, 1837), page 170.

'Angels Nobles and Unicorns: Art and Patronage in Medieval Scotland. A handbook published in conjuction with an exhibition held at the National Museum of Scotland August 12 - September 26, 1982' (Edinburgh, 1982), page 32, number C16.

Borland, C. R. 'Catalogue of the Mediaeval Manuscripts in the Library of the Faculty of Advocates at Edinburgh', 4 volumes (Unpublished manuscript, 1906-8), Volume II, folios 359-363. NLS Reference: F.R.196a/2.

Dolezalek, G. 'Manuscripta Juridica', online resource provided by Max-Planck-Institut für europäische Rechtsgeschichte: http://manuscripts.rg.mpg.de/manuscript/2438/

'Folio Catalogue of Manuscripts: Law' (Unpublished manuscript, Edinburgh [?1822]), folio 9. NLS Reference: FR.185.

Ker, N. R. (ed.) 'Medieval Libraries of Great Britain: A List of Surviving Books', second edition (London, 1964), page 9.

"Summary Catalogue of the Advocates' Manuscripts" (Edinburgh, 1971), page 68, number 847; page 103, number 1308.

Physical Description

Vellum.

The binding is 17th century brown leather. The front and back boards are gold stamped with a box, within which is a gold-tooled inscription which reads: 'EX DONO VICECOM DE TARBAT 1686'. The three edges of the front and back boards have a blind tooled design.

The volume was boxed in 1980 by HMSO and was probably also rebacked at the same time, with the addition of new paper flyleaves. The new spine has raised bands with blind tooling and a green leather panel with a gold-tooled title which reads: 'DECRETUM GRATIANI'. The three edges of the leaves are sprinkled with red and blue.

The modern paper flyleaves are watermarked with the date '1979'.

Folio i, an older paper flyleaf, is watermarked with an unidentifiable design, possibly a bridge.

The volume has been damaged by damp, especially in the top inner corner. This has occasionally led to the loss of headings and marginalia, but the main body of text is intact.

Title
National Library of Scotland Catalogue of Manuscripts
Author
National Library of Scotland
Date
11 12 2013
Description rules
Finding Aid Prepared Using Local Descriptive Rules
Language of description
English
Script of description
Latin

Repository Details

Part of the National Library of Scotland Archives and Manuscripts Division Repository

Contact:
Archives and Manuscript Division
National Library of Scotland
George IV Bridge
Edinburgh EH1 1EJ
0131 623 3700