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15th-century manuscript containing various legal works: an index to the works of Bartolus de Saxoferrato; the 'Allegationes' of Lapo da Castiglionchio the Elder, abbreviated by Anthonius de Butrio; the 'Canonum Collectio' of Pseudo-Isidore.

 Item
Identifier: Adv.MS.10.1.5

Scope and Contents

15th-century manuscript containing various legals works. Dolezalek dates the work to after 1440, and its place of production as Italy due to the style of hands and decoration. The inscription on folio 381v suggests that the manuscript was probably complete and together by 1483. Borland suggests that the place of production may be Spain, based on the hand on folios 267r-382r.

Each work is written in double columns of varying length, normally around 62 lines per column. The majority of the manuscript is written in a minuscule cursive script, except for a secton on folios 267r-382r which is in a minuscule humanist script.

The full contents of the manuscript are as follows:

Bartolus de Saxoferrato, Index to his works, 'Repertorium super omnibus lecturis suis', headed in a later hand: 'Compertorium D[omi]ni Bartoli'. The text here corresponds to the 1477 printed edition by Riessinger and Tuppo. Folios 1r-58r.

Folios 58v-60v, blank, but lined and ruled.

Legal works and commentaries, X.2.24.28 (cum contingat) and D.46.1.56 (si quis pro eo), quoting canonists of the 14th century. Incomplete. Folios 61r-129v.

Folio 120rv, blank, but lined and ruled.

Index to X.2.24.28 (cum contingat). Folios 131r-145r.

Folios 145v-146v, blank, but lined and ruled.

Lapo da Castiglionchio the Elder abbreviated by Antonius de Butrio, 'Allegationes'. Folios 147r-266v.

Pseudo-Isidore, 'Canonum collectio'. Folios 267r-382r.

Folio 382v is blank.

There is evidence of contemporary and modern repairs to the paper throughout the manuscript.

Each folio, recto and verso, has been lined. Ruling is evident towards the end of the volume, but it is not always consistent.

The decoration varies throughout the volume.

Folios 1r-58r have paraphs in red and blue alternately. For each new letter of the alphabet there is a floriated initial, either blue or pale lake with white tracery, on grounds of burnished gold. These initials can be found on folios 5r, 6r, 12v, 17r, 21r, 24v, 25r, 26v, 31v, 34r, 35r, 36v, 37v, 44r, 44v, 46r, 51r, 56r, and 58r. On folio 1r there is a floriated spiral quarter border in burnished gold, red, blue, lake, and green.

The next section beginning on folio 61r is in a different hand, but is decorated in the same style as the section before. There is a floriated initial and half border on folio 61r and red and blue paraphs alternately throughout. In this section there is more evidence of scribal marginal annotations and maniculae, as well as some annotations in a later hand.

The section beginning on folio 131r is in a hand very similar to the previous section, and is probably the same hand. The decoration here is also similar, but is much more plain with only red and blue initals and penwork.

The section beginning on folio 147r is probably in the same hand as the two previous sections. The decoration here is more elaborate and is in the same style as the first two sections. There are floriated intials, coloured pale lake on backgrounds of burnished gold and blue with white tracery. There is a foriated spiral partial border on folio 147r.

In this section there are scribal marginal annotations and maniculae. Pricking is also occasionally more evident in the lower margin for the vertical lines.

Spaces have been left between each 'allegatio' for rubrication and decoration. The allegations are consecutively numbered 1 to 140 in roman numerals in the margin, with two unnumbered allegations at the end.

The final work, which begins on folio 267r, is in a markedly different hand. Dolezalek attributes this hand to the 15th century and describes it as a humanistic style. Borland identifies the hand as a Spanish hand, although there is no further internal evidence to support this. Dolezalek suggests that the decoration in this section can be attributed to Italy, particularly the decorated initial on folio 267r. This is a large initial in blue with red filigree penwork extending into the margin. Other decoration in this section includes litterae notabiliores in red and blue, alternately. Guide letters for these initials are mostly still present.

Quire signatures can be seen occasionally throughout the entire manuscript in the bottom right corner of the recto sides, often given in the form of a lower-case letter with roman numerals. Many of these are only partly visible or have been cropped.

Horizontal catchwords are visible on the following folios: 10v, 20v, 30v, 46v, 156v, 166v, 167v, 186v, 196v, 206v, 216v, 226v, 236v, 246v, 256v, 276v, 286v, 296v, 306v, 316v, 326v, 336v, 346v, 356v, 366v, 376v.

Dates

  • Creation: 15th century, after 1440.

Creator

Conditions Governing Access

Normal access conditions apply.

Conditions Governing Use

Normal reproduction conditions apply, subject to any copyright restrictions.

Extent

1 Volumes ; 44.4cm x 30.4cm x 8.8cm

Language of Materials

Latin

Arrangement

382 folios, as well as one paper flyleaf to the front and one paper flyleaf to the rear.

Collation as recorded by Catherine Borland: a-o¹⁰, p⁶, q-P¹⁰, Q⁶

Custodial History

The volume was previously in use by a lawyer named Guillelmus de Viletta who left it for the use of the University of Caen. This is recorded in an inscription dated 1483 on the verso side of folio 381, which reads: 'Istum librum per tenor[ibus] sui testamenti dedit et legavit alune universitati cadon ad usum magistrum et scolarium bonae memoriae defunctus Dominus Guillelmus de Viletta, dum viveret legum doctor, cancellarius et cano[ni]cus ... ad reponendum in libraria Communi. Et ex parte dominorum ipsius deffuncti executorum una cum duobus alius voluminibus praesentatus fuit. In congregatione generali ipsius universistatis [A.D. 1483] Die 28 mensis Junii', signed by a notary named Nicholas ?.

The manuscript was presented on the 12th of December 1787 to the Library of the Faculty of Advocates by Walter Ross, Writer to the Signet and lecturer in law at Edinburgh University. This is attested to by an inscription on the recto side of the front paper flyleaf, which reads: 'Ex Libris Bibliothecae Facultatis Juridicae Edinburgi. Ex dono Gualteri Ross Scribae Signeti Regum'.

On the recto side of the front paper flyleaf is the old shelfmark of the volume supplied by the Faculty of Advocates: 'Jac.IV.1.11'.

Immediate Source of Acquisition

Deposited, 1925, by the Faculty of Advocates.

Bibliography

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 373-375. NLS Reference: F.R.196a/2.

Briquet, C. M. 'Les Filigranes. Dictionnaire historique des marques de papier des leur apparition vers 1282 jusqu'en 1600', 4 Volumes (Leipzig, 1923).

Dolezalek, G. 'Manuscripta Juridica', online resource provided by Max-Planck-Institut für europäische Rechtsgeschichte: http://manuscripts.rg.mpg.de/manuscript/2465/

Dolezalek, G. 'Verzeichnis der Handschriften zum Römischen Recht bis 1600' (Frankfurt am Main, 1972).

'Folio Catalogue of Manuscripts: Law' (Unpublished manuscript, Edinburgh [?18??]), folio 15. NLS Reference: FR.185.

Kristeller, P. O. 'Iter Italicum Accedunt Alia Itinera: A Finding List of Uncatalogued or Incompletely Catalogued Humanistic Manuscripts of the Renaissance in Italian and Other Libraries' (London, 1989), page 14.

Saxoferrato, B. de. 'Repertorium super omnibus lecturis suis' (Sixtus Riessinger and Francesco del Tuppo, Naples, 6 March 1477). ISTC: ib00249500.

'Summary Catalogue of the Advocates' Manuscripts' (Edinburgh, 1971), page 67, number 825; page 110, number 1431.

Physical Description

Paper.

The binding is 19th-century, brown leather. The edges of the front and back boards have been blind-tooled. The spine has raised bands and a red leather panel with a gold-tooled title which reads: 'COMPERTORIUM D. BARTOLI'.

The paper flyleaves are watermarked with the letters 'W. C. C.' and a fleur-de-lis. The paper of the manusccript is watermarked with a basilisk similar to Briquet 2667 (Ferrara, 1447).

Parts of the manuscript, especially at the beginning and end, have been affected by worm holes.

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