DCL MS. C.III.4Bernard of Pavia and other legal texts
Held by: Durham Cathedral Library: Durham Cathedral Manuscripts

Bernard of Pavia and other legal texts. A composite volume of four parts: (A) f.3-61; (B) f.62-94; (C) f.95-201; (D) f.202-231- with a medieval flyleaf (now f.232 but originally at the front of the book), and with two added medieval endleaves (f.2 and 233) formed from cut-down, folded sheets of Durham bursar’s arrears of the period approximately 1290-1308. The four parts are contemporary, written in Italy in the first half of the 13th century, with complementary content and matching articulation, and may have been together from the start; however, they differ in text-block, scribal hand and details of preparation, implying that they were made separately.


Digitised: https://n2t.durham.ac.uk/ark:/32150/t1mm326m191c.html


Physical description of manuscript
Extent: ii+233+i f
Size: 350 mm x 224 mm

Foliation

i (modern) + i (medieval leaf, foliated ‘2’) + 233 +ii (medieval endleaves, foliated ‘233’, ‘234’) + i (modern). Modern pencil foliation, starts with ‘2’ on the first medieval leaf and runs 2-234, but with f.9 and f.138 both used twice.


Secundo folio: consueuerit aliis

Condition of manuscript Edges of the leaves darkened, especially the top; many outer margins stained by liquid.
Binding

Standard Tuckett binding, mid 19th century full brown calf over thick wooden boards (Charles Tuckett, binder to the British Museum, rebound many Durham manuscripts in the 19th century)


Manuscript history
Creation

Written in Italy, earlier 13th century.

Provenance

Pressmark: “E”, later 14th century (crossed through); Inscription: “Decretales antique”, start of 15th century; Pressmark: “1a 8i I” 15th century, all f.3r, top. Recorded in Spendement catalogues.


SECTION: (endleaves)
History of section of manuscript
Creation

Written in England, Durham, approximately 1290.


Manuscript contents
(endleaves)     f.2 and 233
Modern title: Durham Priory bursar's arrears
Date: [period between 1290 and 1308]
Language: Latin

Made by re-using cut-down, folded sheets of Durham bursar’s arrears

Edited: Peter Lombard, Commentarium in Psalmos

SECTION: (A)
Physical description of section of manuscript
Support

Parchment: modest quality, papery, generally yellowy with limited H/F contrast. Early marker-tab inserted into f.56.

Extent: 59 f
Collation

I-VI10

Script

Written in Textualis rotunda, probably by a single scribe; the gloss in a compressed glossing Textualis, number of hands uncertain.

Decoration

Books I, IV and V start with one line of elongated display capitals, alternately red and blue, 7-12 lines high; Books II-III start with a line of blue capitals, simply embellished with red, 4-7 lines high. Each subsection headed by a 2+-line-high capitals, alternately red then blue, embellished with one or more lines in the other colour. 1-line-high initials, alternately red then blue for the first letters of authorities. Running heading giving book number in red and blue capitals.

Corrections and annotation

A few early additions (e.g. 11v, 12v, 39r, 61r).


Manuscript contents
(a)     f.3r-61r
Original title: Compilatio canonum decretaliumque I
Author: Bernard, of Pavia
Tancred, approximately 1185-1236?
Incipit: Iuste iudicate filii hominum nolite iudicare secundum faciem
Explicit: unam tanquam vxorem habere quam cum multis peccare.
Language: Latin

With gloss of Tancred. Intensive all-round glossing throughout, contemporary with main text, keyed into place by sigla. The flyleaf onto which its tituli were copied is now misbound at the end of the book: f.232.

Edited: Peter Lombard, Commentarium in Psalmos

SECTION: (B)
Physical description of section of manuscript
Support

Parchment: modest quality with noticeable H/F contrast.

Extent: 33 f
Collation

I12,; II8, III13 (=12+1[f.94])

Catchwords: Contemporary catchwords on quires I and II
Layout

Text-block: 183x108 mm. Two columns (width, 52 mm). Planned for all-round glossing. Lines: 49 (space, 3+ mm; height of minims, 2 mm).

Script

Written in Texutalis libraria, probably a single hand. The gloss in a compressed glossing Texutalis, number of hands uncertain.

Decoration

Each Book starts with one line of elongated display capitals, alternately red and blue with lines in the other colour, 4-8 lines high. Each subsection headed by a 2+-line-high capital, alternately red then blue, embellished with one or more lines in the other colour. Authorities marked by 1-line-high initials, alternately red then blue. Running heading giving book number in red and blue capitals.

Corrections and annotation

Regular early additions.


Manuscript contents
(b)     f.62r-94v
Original title: Compilatio canonum decretaliumque II
Author: Johannes, Galensis, active 1210-1215
Tancred, approximately 1185-1236?
Incipit: Preterea de lege illa uel errore quam tuos asseris statuisse
Explicit: archiepiscopus precepit
Language: Latin

With gloss of Tancred. Continuous all-round gloss, the principal stratum contemporary with main text, keyed into place by sigla.


SECTION: (C)
Physical description of section of manuscript
Support

Parchment: modest quality with glaring H/F contrast. Parchment tab stuck to f.130v (start of Book II).

Extent: 108 f
Collation

I-VIII12, IX12 (with 4 and 9, f.193 and 198, singletons)

Catchwords: No catchwords or signatures.

Condition of manuscript Lower margins of f.101, 102, 107, 111, 112, 131, 154, 155, 158, 164, 165, 167, 170,174, 176, etc. cut out; a large square area cut out of the lower margin of 197.
Layout

Text-block: 181 x 96 mm. Two columns (width, 45 mm). Lines: 43 (space, 4+ mm; height of minims, 1.5+ mm).

Script

Written in Textualis libraria, proabably a single hand. Gloss: a compressed glossing Textualis, number of hands uncertain.

Decoration

Preface headed by red and blue elongated capitals, 8 lines high. Book I headed by a blue initial, 4 lines high, flourished in red. Books II-IV headed by elongated blue capitals, 6 lines high, embellished with red lines. Each subsection headed by a 1 to 2-line-high capital, alternately red then blue, embellished with one or more lines in the other colour. Authorities marked by 1-line-high initials, alternately red then blue. Running heading, giving book number, in red and blue capitals.


Manuscript contents
(c)     f.95-201
Original title: Compilatio canonum decretaliumque III
Author: Collivaccinus, Petrus, -1219 or 1220
Tancred, approximately 1185-1236?
Incipit: Idem senonensi archiepiscopo et episcopo trecensi
Language: Latin

Breaks off imperfect in Book V, Titulus iv.3. With gloss of Tancred. All-round glossing contemporary with main text, keyed into place by sigla.


SECTION: (D)
Physical description of section of manuscript
Support

Parchment: modest quality with clear H/F distinction

Extent: 30 f
Collation

I-II12, III6


Condition of manuscript Lower outer corner of 223, lower margin of 224 sliced out.
Layout

Text-block: 184x95-105 mm. Two columns (width: 45 mm). Lines: 43 (space, 4 mm; height of minims, 1.5-2 mm).

Script

Written in Textualis libraria, probably a single hand. Gloss in compressed glossing Textualis by at least two hands.

Decoration

Each Book headed by a line of red and blue elongated capitals, embellished with lines of the other colour: those for Book I, 7 lines high, the initial “F” flourished in red; those for Books II and III, 6 lines high; those for Books IV-V, 5 lines high. Each subsection headed by a 1+-line-high capital, alternately red then blue, embellished with one or more lines in the other colour. Authorities marked by 1-line-high initials, alternately red then blue. Running heading, giving book number, in red and blue capitals.

Corrections and annotation

Light additional glossing throughout. Addition on f.225v, at right-angles to main text, of noted chant: Iube domine silencium in auribus audiencium possitis intel[li]gere et nos benedicere.


Manuscript contents
(d)     f.202r-231v
Original title: Compilatio canonum decretaliumque IV
Author: Joannes, Teutonicus, -1245?
Incipit: Firmiter credimus et simpliciter confitemur
Language: Latin

Breaks off at Book V, titulus xiii.1. With gloss of Johannes. All-round glossing of varying intensity, contemporary with main text, keyed into place with sigla.


SECTION: (endleaf)
Physical description of section of manuscript
Support

The greater wear on the recto, plus the nature of item e1, indicate that this was originally the front flyleaf, preceding the present f.3.


Manuscript contents
(endleaf)     f.232
Modern title: Tituli and Tracts
Language: Latin

A series of additions in several 13th century hands.
1. f.232r. De consitutionibus, De scriptis et eorum interpretatione … De regulis iuris. [Tituli for Part A item (a)].
2. f.232r. Nota quid sit prescriptio. Prescriptio i exceptio accionis …ult’ q canonice.
3. f.232v. Series of short notes on canons and rulings, including: Condempnet, -?-, muta i mutanda dispendus i corporalibus penis …; ¶Si unus uel plerus siue arbitrarii uel iudices ordinarii, siue delegate, uno absente, non possunt -?- iudicare…
4. f.232v. Fons, educit agrum, fons esras [repeated and continued with pointing by syllable].
5. f.232v. N.o. octauas kalendas …[principally concerned with April].
6. f.232v. De appellationibus. Videbimus quid sit appellatio in quibus negotiis … hac inueneris spirituale ?dicas


Microfilm
Microfilmed in 1985/86 by the Hill Monastic Manuscript Library, St John's Abbey and University, Collegeville, Minnesota. Copies held by them and Durham Cathedral Library.

Digitised material for Durham Cathedral Library MS C.III.4 - Bernard of Pavia and other legal texts
Digitised December 2018 as part of the Durham Priory Library Recreated project. The modern foliation starts (with the resued flyleaf) at f.2 (which has been incorrectly numbered in the image as f.1r and f.2v). There are two f.9s and two f.138s
https://n2t.durham.ac.uk/ark:/32150/t1mm326m191c.html

Bibliography

Catalogi veteres librorum Ecclesiae cathedralis dunelm. Catalogues of the library of Durham cathedral, at various periods, from the conquest to the dissolution, including catalogues of the library of the abbey of Hulne, and of the mss.   OCLC citation, Surtees Society 7, (London: J.B. Nichols and Son, [1838]).

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