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13th-century manuscript containing the 'Decretum' of Gratian, with the gloss of Bartholomeus Brixiensis.

 Item
Identifier: Adv.MS.10.1.2

Scope and Contents

13th-century canon law manuscript containing an incomplete text of the 'Decretum' of Gratian with the gloss of Bartholomeus Brixiensis, a correction of the gloss of Johannes Teutonicus Zemeke.

The work has been dated to the 13th century by Borland, and to the 14th century by Dolezalek. The manuscript was probably written in Italy and illuminated in France or England. The main body of text is written in double columns of 50 lines, with glosses in two columns.

Both the 'Decretum' and the gloss are written in littera textualis, with later marginal and interlineal additions and glosses written by a professional scribe. Dolezalek has identified these additions as bearing the following sigla: 'la.gi.', 'la', 'gi.', 'hu.', 'gi.hu.', 'jo.fi.', 'jo.fa.', 'jo.d.', archi.', 'guydo'. Dolezalek suggests that these relate to additions referencing the works of Guido de Baysio, Johannes de Friburgo, Johannes de Deo, and others.

The division of the 'Decretum' is as follows:

Gratian, 'Concordia discordantium canonum ac primum de jure naturae et constitutionis', in 101 distinctions. Folios 1r-93v.

Gratian, 'Causae', containing 36 causes. Folios 93v-356r. Inserted with Causa 33 at folios 314r-344v is 'de penetentiate'.

Gratian, 'De consacratione'. Incomplete, stops halfway through Division 5, Chapter 38, lacking the final 2 Chapters. Folios 356r-385v.

The manuscript is decorated throughout, and the 'concordia discordantium' and each 'causa' is introduced by an illuminated miniature and a large decorated initial. The miniature and initial of the 'concordia' on the recto side of folio 1 differ slightly from the decoration found in the rest of the volume.

The miniature on the recto side of folio 1 consists of triple trefoiled arches with backgrounds of crimson and blue diaper. In the centre arch there is a crowned figure who is seated and holding a sceptre which is surmounted by a fleur de lys. He is wearing a blue cloak lined with red and there is a dog lying at his feet. His right hand points to a group of three figures under the left arch, one of whom holds a scroll. In the right arch stand two soldiers in mail, one of whom is holding a sword. In front of the two soldiers is a kneeling figure presenting a scroll. This miniature is worn and defaced by use.

The miniatures of the 'causae' are all rectangular and on backgrounds of blue diaper with white relief tracery. There are borders in bands of pale pink outlined with black, relieved by faint white tracery and with a square of gold in each corner. The text followinging the miniatures is introduced by large decorated floriated initials. These are in colours of red, pale blue, pale lake, and burnished gold on backgrounds of blue with white tracery. Two of these initials are anthropomorphic, visible on folios 93v and 151v.

The illuminated initials can be found on the following folios: 93v, 116v, 135r, 143v, 145v, 148r, 151v, 158v, 161v, 164v, 168r, 180r, 191r, 195v, 198v, 203r, 216v, 220v, 223v, 224v, 227r, 229r, 237r, 261r, 273r, 277r, 284v, 293v, 297v, 299r, 302v, 304r, 313v, 317r, 347r, 348v, 355v, and 357r.

There is evidence of contemporary repairs throughout.

Each folio, recto and verso, has been lined and ruled.

Paraphs are in red and blue, with rubrics in red. Litterae notabiliores are red and blue with red and blue penwork. Initials are stroked in red.

In addition to the central text and the gloss, there are some interlineal and marginal annotations, as well as maniculae and faces, throughout

Book headings are in the upper margin in red and blue, and guide letters for these are visible. Chapters are given in the upper right corner in red and blue in Roman numerals. Chapters numeration is also given in the lower right corner in plain Arabic numerals.

Horizontal catchwords are visible on following folios: 10v, 20v, 30v, 40v, 50v, 60v, 74v, 84v, 94v, 104v, 114v, 124v, 134v, 144v, 154v, 164v, 174v, 184v, 194v, 204v, 214v, 224v, 234v, 244v, 254v, 264v, 274v, 284v, 294v, 304v, 314v, 324v, 334v, 344v, 354v, 364v, 374v.

Dates

  • Creation: 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 ; 49cm x 32cm x 14.5cm

Language of Materials

Latin

Arrangement

385 folios, as well as 1 paper flyleaf at the front and 1 paper flyleaf at the back.

Collation as recorded by Catherine Borland:

a-q¹⁰ (with another gathering of 4 folios = h, inserted between g7 and g8), i-B¹⁰, C-P¹⁰, Q¹¹ (wants 12)

Custodial History

The erased arms on the boards are those of the Premonstratensian Park Abbey, near Leuven, as described in the 'Armorial Belge du Bibliophile'. The manuscript also has the old pressmark of this institution, 'K theca i', inscribed on the pastedown of the front board.

The manuscript was probably present in the Library of the Faculty of Advocates by 1819 and is certainly listed in a the catalogue of manuscripts of circa 1830. There is an ownership inscription in the lower margin of the recto side of folio 1 which reads: 'Adv. Bib.'.

Immediate Source of Acquisition

Deposited, 1925, by the Faculty of Advocates.

Bibliography

'Armorial Belge du Bibliophile', Société des Bibliophiles et Iconophiles de Belgique (Brussels, 1930), Tome II, pages 431-432.

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 345-358. NLS Reference: F.R.196a/2.

'Catalogue of Manuscripts' (Unpublished manuscript, Edinburgh, 1830?). NLS reference: FR.216.

Dolezalek, G. 'Manuscripta Juridica', online resource provided by Max-Planck-Institut für europäische Rechtsgeschichte: http://manuscripts.rg.mpg.de/manuscript/2461/

'Folio Catalogue of Manuscripts: Law' (Unpublished manuscript, Edinburgh [18??]), folio 13. NLS Reference: FR.185.

'Summary Catalogue of the Advocates' Manuscripts' (Edinburgh, 1971), page 68, number 848; page 104, number 1334.

Van Balberghe, Émile. 'Les Critères de Provenance des Manuscrits de Parc', Archives et Bibliothèques de Belgique, 11 (1974), pages 525-542.

Physical Description

Vellum.

The binding is of 18th-century brown leather, possibly French. The front and back boards have gold-tooled centre designs of a coat of arms, which have since been obliterated. The spine has raised bands and extensive gold-tooled floral designs, as well as a gold-tooled title which reads: 'Decret. Gratian. cum glossis Bart. Brixiens.'

The paper flyleaf to the rear bears a watermark of a human head and lettering which probably reads:

'P LEMICHEL

GRO8BON

DANGOUMOIS

I746'

It is probable that the manuscript was repaired in 1931 according to a pencil inscription on the pastedown of the rear board, indicating the price and date of this repair. The inscription reads: '50/8/-', followed by '27/1/31'.

Title
National Library of Scotland Catalogue of Manuscripts
Author
National Library of Scotland Archives and Manuscripts Division
Description rules
International Standard for Archival Description - General
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