Durham University Library Archives & Special Collections Catalogue
Gregory IX, Liber Extra; Innocent IV, Novellae constitutiones etc. Legal texts written in northern Italy (Bologna or Padua) in the late 13th century (not before 1280)
Parchment: relatively even toned with noticeable follicle marks. Arranged FH, HF.
Modern pencil foliation: 1-157, 157bis-350.
bifolium reused as a flyleaf, f.2-13 uncertain, 2-5 being glued together at the gutter, probably: I (fols. 2-3)2, II (4-13, all but a stub of 4 being lost)10, II-XVI10, XVII4, XVIII-XXV10, XXVII12, XXVII9 (=10 lacks leaf 1); XXVIII-XXXI10, XXXII8, XXXIII8, XXXIV7 (=8 with leaf 8 (after 320) lost or cancelled), XXXV-XXXVI12, XXXVII6 (=12 with leaves 7-12 cancelled)
Written area: variable. Text and apparatus up to 400 x 256 mm; main text up to 232 x 126 mm. Two columns (width: 120 m for gloss; 58 mm for main text). Lines: variable up to 44 for main text (space, 5 mm; height of minims, 3+ mm), up to 96 for apparatus (space, 4 mm; height of minims, 2+ mm).
Quire structure, catchwords and blank pages suggest that the volume was produced in three or four coeval sections: f.2-157; 157bis-248 + 249-305; 306-320; and 321-350 corresponding to: (b) Books I-II; (b) Books III-IV + Book V; (c); and (d)-(h).
Written in Textualis rotunda (Littera bononiensis) for main text and apparatus. One hand was responsible for 1r-305r. The script of f.306r-350r plus an insertion on f.305r, subtly different in manner and distinguished by a preference for round-headed “g” (as opposed to the flat-topped one that predominates to f.305r), may represent a different phase of work by the same hand but might conceivably be the stint of a closely-related second hand. The (main) scribe is named as Symon in notes on the first rectos of quires IX, X, XIII and XXXI. Pecia notes (e.g. ‘lxvi’ on f.43v; ‘lxxxiii’ on f.73v; ‘x in G iii in t’ on f.332v.
Notes on the final versos of quires, lower margin, refer to the correction of text and apparatus and sometimes also to the checking of the corrections. The name of the corrector (often abbreviated to ‘Th’) is given in full on f.113v, 133v and 217r: ‘ipsius tomaxini de strata sancti vitalis’. A deleted note immediately below this names a certain ‘Cambius’; the rest is difficult to decipher.
Extensive decoration.
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). Stains from turnovers of an earlier binding on f.1.
Written in Italy, north (Bologna or Padua), late 13th century (not before 1280).
Still in northern Italy when item (b) was annotated.
Inscription, f.217r, lower margin: “Decretales magistri Thomaxini eiusdem” (?implying that it belonged to the corrector).
“iste liber -?- -?- priore -?- insula. scilicet henrici ?riccardi -?- et io-?-? trium fratrum” (erased with parts further concealed by subsequent staining), 13th/14th century, f.2r, top; cf. DCL MS C.I.4 f.2 and DCL MS C.I.12, f.286v.
“Iste liber legatus ?erat per dominum ?v- [-?further words-] et eis tradatur” (erased), 13th/14th century, f.2r. Cf. DCL MS C.I.4.
Other inscription(s), entirely erased and currently irrecoverable, originally stood between these two, and may also have related to early ownership.
f.74r, col. 2, bottom: a 6-line addition to the gloss by “W de daltona”, i.e. William de Daltona, monk of Durham from 1420.
Note of content, 15th/16th century, by Thomas Swalwell, monk of Durham c.1483-1539, f.3r, top (largely lost owing to excision: all that remains is ‘Contenta//’). Also perhaps responsible for copying tituli rubrics into the upper margin on f.60r.
Additions:
(1) f.2r. Form letter addressed to a Pope. Sanctissimo patri in christo et domino reuerentissimo dei prouidentia sacrosancte romane ecclesie summo pontifici suus deuotus etc cum omni reverentia et honore pedum oscula beatorum. H inpetrandum et contradicendum iudices eligendos et in loca ... aliquod signum autenticum apponi isti procuratoris [-damaged-] nomine procuratoris prout videritis conuenire. Documentary hand, grand, later 13th century.
(2) f.2r. A series of notes on ecclesiastical matters, starting with excommunication for sacrilege. Densely written; highly abbreviated. Some citation of book and chapter numbers plus mention of gloss, presumably with reference to items (b)-(h); informal cursive, later 13th / start of 14th century.
(3). f.2v. Listing of the Tituli in (b), Tetualis semi-quadrata,15th century.
(4). f.3r. Three lists of topics, casually jotted, the first with some book references. Super c dei ex litteris, liber vj de p′ml′ ... Informal cursive, compact, 13th/14th century
Lacks start of prefatory letter owing to excision of the top of f.3v; lacks start of Book I owing to loss of all but a stub of f.4 (now starts within Titulus 1, ch. 2: CIC, col. 6). Books I and II are presented as a self-contained Pars prima with its own explicit on f.157r, 157v being left blank. The start of Book III (f.157bisr) is mutilated and lacunose until Titulus 1, ch. 12, end (CIC , col. 452). The start of Book V has been excised (the leaf lost after f.248) and it now commences with “uoluerunt eis de iuris permissione id non duximus imputandum” in titulus 1, ch. 14 (CIC , col. 736). f.305v, blank. Contemporary corrections and annotations, marginal and interlinear, in informal cursive hand(s) throughout. Notes between f.8v and 86v, written in a cursive hand, often cite canonists Lamb[ertus] and Tha[ddeus]; that on f.13v refers to the constitution “Pia” as being in the Liber Sextus and must therefore postdate 1298.
Light contemporary correction and annotation, marginal and interlinear, in informal cursive hand(s). Another copy of Durham provenance now Cambridge, Jesus College, Q.A.6 (6).
Corrections mainly in a smaller version of the main text hand
With gloss for (d) continuing beside it to f.331v. The space for rubric on f.330r was overlooked; all other rubrics supplied.
The space for rubrics on f.335v and f.341r remained blank; all other rubrics supplied. No gloss. No annotation.
Issued 23 March 1280. No annotation.
No annotation. f.350v, blank bar jotting.
Parchment: modest quality with pronounced follicles.
Written area (cropped at bottom): 298 x 200 mm. Two columns (90-98 mm). Lines 69-70 preserved. Pricking: lost. Ruling: none visible.
Written in Textualis libraria, highly abbreviated for the commentary; Textualis semi-quadrata for the lemmata; one hand.
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)
Written in England or France, 13th century.
Possibly related to leaves in CDL MS C.II.18
Lemmata: (recto) Et ego cum uenissem ad uos fratres (I Corinthians 2.1); (verso) Et loquimur dei sapientiam (I Corinthians 2.7); (verso) Uidete enim uocationem uestram etc (I Corinthians 1.26). The commentary on the former begins Postquam apostolus o[stendi]t ex parte s′.
Bombi, B. "Codicological and Canonistic Examination of the Decretal Manuscripts Oxford, Bodl. Lat. theol. B.4 and Durham, Cathedral Library C.I.9", Decretales Pictae. Le miniature nei manoscritti delle Decretali di Gregorio IX (Liber Extra), Atti del colloquio internazionale tenuto all'Instituto Storico Germanico Roma 3-4 marzo 2010, ed. M. Bertram and S. di Paolo (Rome: DHI, 2012), 218-240