DCL MS. C.I.6Justinian, Codex, written and illuminated in Bologna in the late 13th century, with 4 leaves from an unrelated copy of Nicholas of Lyra, Postilla super Genesim bound on at an undetermined time.
Held by: Durham Cathedral Library: Durham Cathedral Manuscripts

Justinian, Codex


Digitised: https://n2t.durham.ac.uk/ark:/32150/t1mmg74qm30g.html


Physical description of manuscript
Support

Parchment: stout, even-toned; many H sides with follicle marks. Arranged FH, HF.

Extent: i+315+i f
Size: 470 mm x 285 mm

Foliation

Modern foliation in ink on 1-2, in pencil thereafter, runs: 1-309, duplicating 20, 27, 250, 254, 290 and 304 in the process.


Secundo folio: gregoriani et hermogeniani
Collation

preliminary leaves (f.1-2), two singletons, I9 (=10 lacks leaf 3 after f.4), II-XVII10, XVIII6, XIX8 (f.176-183: probably 10, with leaf 10 cancelled and leaf 1 lost), XX-XXIII10, XXIV9 (=10 lacks leaf 1, before f.224), XXV-XXVIII10, XXIX12, XXX11 (=12 lacks leaf 6, after f.287), XXXI4, XXXII10

Catchwords: Contemporary catchwords (many trimmed off), boxed with decorative motifs including stylised animal forms, artistically rudimentary.
Signatures: Leaf lettering and / or numbering on many quires.

Condition of manuscriptFire and liquid damage, especially to the top and outer margins of f.1-22 and to the lower margins from 199 onwards, with areas of text lost or obliterated (all the lower margins from f.223 have been cropped to varying degree to remove the most severely damaged areas); some edges (e.g. of f.269) are imperfect and fragile; cockling. The lower margins of f.20, 133, 228 have been excised.
Layout

Written space: variable. Total (main text and all-round gloss) up to 410 x 235 mm. Main text normally between 225 x 125 and 240 x 140 mm. Two columns (width 58-65 mm). The space between gloss and main text, approximately 10 mm all round.
Lines. Main text: 44-45 (space, 5 mm; height of minims, 3 mm). Gloss: up to 98 (space, 4 mm; height of minims, 2.5 mm).

Script

(b) main text and gloss. Textualis, rotunda (littera bononiensis), regular. The number of scribes is uncertain but is probably two: (1) f.3r-175v, 184r-251v and 261r-305r; (2) f. 176r-183v (quire XIX) and 252r-260v (quire XXVII). Some guide wording for rubrics (e.g. lower margins of 178r, 179v, 180r, 180v, 181r) was written in a neat Italian semi-cursive. (b) secondary apparatus in many places; also regular corrections within the main text (e.g. 189r, 212r, 243r, 246v, 248r, 262v). Textualis semi-quadrata of northern european type.

Decoration

Each book was headed by a 1-column miniature, placed between its rubric and its incipit, measuring between 60 x 60 mm and 75 x 75 mm (the first leaf of Books I, VI, VII and IX have been excised, doubtless on this account).
f.3r (Preface), Promulgation of the Law: Justinian, enthroned on the left, points to lawyer before him to the right, who is on bended knee, holding books; five standing lawyers behind; architectural setting; golden ground. Bas-de-page decoration: magpie stalked by two putti, one with a large, long-handled axe
f.44r (Book II). Justinian, enthroned in the centre, one lawyer standing on his left, another on his right, both accompanied by a group of laymen. Justinian and the lawyer on the right hold opposite ends of the same scroll. Architectural setting with three pointed arches; blue ground. The initial features a crowned standing figure
f.68v (Book III). To the right, Emperor enthroned, crowned, legs crossed, sword in hand, flanked by a soldier and an attendant; two lawyers in front of him to the left, three soldiers behind them. Set under rounded arches, a wider one for the emperor, three narrower ones behind the other figures; red ground behind the emperor, golden ground behind the other figures.
f.93v (Book IV). A central, seated Justinian, facing right; on either side of him, a lawyer accompanied by a group of laymen, the one to the right holding a scroll. Set under three rounded arches; blue ground. The bas-de-page decoration includes a man, naked bar an extended cap on his head, who points a long spear at a boar.
f.133r (Book V). A wedding: to the left, standing bride and groom clasp hands, a priest beside them (at the centre of the design), surrounded by laymen and women; to the right an ?altar and architectural elements ?evoking a church. A rectilinear frame, formed of rectangles of different colours. Lower margin excised, doubtless on account of bas-de-page ornament. The decorated initial features a hybrid knight holding an heraldic shield adorned with a black lion rampant on a golden ground (seemingly the arms of the Count of Flanders).
f.257v (Book VIII). A man with an axe about to chop at a tree growing in front of a crenellated wall into which is set a gate, with buildings rising above it (a fortified town or castle); a group of seven men standing immediately behind the axe-man are engaged in dialogue amongst themselves. A rectilinear frame, constructed from panels of different colours. Each titulus is headed by a decorated initial, 5+ lines high plus extensions. 2-line-high decorated initials mark certain divisions within the gloss (e.g. on f.8r-14r, 41v, 42r, 70r, 81v, 117v, 187v). Clauses are headed by a 4-line-high blue initial (for the authority) and a 1.5-line-high red one for the incipit, the former embellished with a red line, the latter with a blue one. Subsections within text and gloss are marked by paraphs, alternately red then blue.

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). f.305-309 bear stains from the turnovers of an earlier binding.


Manuscript history
Creation

Written in Bologna, later 13th century.

Provenance

Inscription: “.A. Codex glosatus. de communi dunelm'”, 14th/15th century, f.3r, top right, the ‘A’ possibly a different phase of writing from the rest.
“A Codex glosatus. de communi dunelmie In le spendement”, early 15th century, f.3r, top left. In Spendement catalogues of 1392 and 1416.


Manuscript contents
(a)     f.1r-2v
Modern title: Tabula of Tituli
Date: Added in 15th century
Language: Latin

Entries in alphabetical blocks, but arranged therein following the order of the text, the book number preceding, the titulus number following the entry. Arranged in two columns, except at the very end where a third was squashed in to enable the text to be completed on f.2v.

(b)     f.3r-305r
Original title: Codex (I-IX), with glossa ordinaria of Franciscus Accursius
Author: Justinian I, Emperor of the East, 483?-565
Accursius, Franciscus, approximately 1182-approximately 1260
Incipit: Hec que necessario corrigenda esse multis retro principibus uisa sunt
Explicit: non dampnationis, set paterne lenitatis testem habeant
Rubric: In nomine domini nostri iesu christi codicis domini iustiniani sacramatissimi principis perpetui imperatoris augusti repetite prelectionis
Language: Latin

The preface ‘De emendatione’ breaks off imperfect at ‘quippe cum quedam earum ex emersis’ and Book I starts acephalous in section 2 at ‘-mus et accipimus negando non uiolat ...’ owing to excision of a leaf between f.4 and 5. Book VI starts acephalous at VI.2.9 ‘redundabit et uterque eorum’ owing to the excision of a leaf after f.175. Reduplication of text of VI.21.9: the section is supplied in full at the end of f.183v, and then repeated at the top of f.184r from ‘tacitate eum exheredare’ to the end (presumably reflecting poor coordination at the junction between quires XIX and XX). Book VI ends imperfect at VI.61.7 ‘quo modo ferendus uideatur iterum iudicium am//’ and Book VII starts acephalous at VII.2.7 ‘-hibuent non debes ne uidearis ...’ owing to the excision of a leaf after f.223. Book VIII breaks off imperfect at VIII.57(58).1 ‘atque ita uiuant ac si numero ma//’ and Book IX starts acephalous at IX.1.19 ‘//et ipsi inscriptiones contra eos’ owing to the excision of a leaf after f.287. Book VIII.57(58) has no rubric; its rubric (‘De infirmandis poenis celibatus ...’) is here used for VIII.56(57) - both on f.287v. f.305v is blank. A pecia copy. The all-round apparatus was copied as part of the original transcription, as were the regular interlinear glosses; ends ‘dominus acursius florentinus doctor legum’; numerous words and phrases were neatly removed by erasure. Running heading giving book number (‘L’ on versos, number on rectos) in red and blue. Distinctio numbering added by 14th-15th century English hand(s), both beside the incipits and in the upper margins; rubrics recopied in the upper margin by 14th-15th century English hand(s) on many pages between f.94r and 132r (i.e. in Book IV). The marginal apparatus was augmented on many pages by a late 13th century hand, writing Textualis semi-quadrata, and often using a browner or blacker ink. Occasional marginalia added 14th-15th century by an English hand or hands, e.g. f.55r.


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

Parchment. Noticeable distinction between H/F sides; now grubby and stained. Arranged FH, HF.

Extent:
Size: 398 mm x 255 mm

Foliation
Collation

Two consecutive bifolia (the outer leaves of their quire, probably a quaternion).

Layout

Written area: 248 x 164 mm (written above top line). Two columns (width, 70 mm). Lines: 66 (space, 4 mm; height of minims, 1 mm).

Script

Written in Secretary, compact, regular; upgrading to Textualis semi-quadrata for the biblical citation at the start of each chapter. One hand; the same hand was responsible for the marginal notae.

Decoration

Spaces, 3 lines high, reserved for initials at the start of each chapter (with guide letters), remained unfilled.

History of section of manuscript
Creation

Written in England, early 15th century.


Manuscript contents
(a)     f.306-309
Original title: Postilla super Genesim
Author: Nicholas, of Lyra, approximately 1270-1349
Date: early 15th century
Language: Latin

Fragment: “quia una die superveniet diluvium et interficiet eos ... Eliezer enim erat procurator domus habrae et damascus filius eius fuit” (last two words are catchwords). Genesis chs. 4-6 and 12-15 only, chs. 4 and 12 being acephalous, 15 breaking off as indicated. Nota marks in the margins copied as part of the original transcription.

Cited: Stegmüller, 5829

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.I.6 - Justinian, Codex
Digitised January 2018 as part of the Durham Priory Library Recreated project
https://n2t.durham.ac.uk/ark:/32150/t1mmg74qm30g.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]).

S. L’Engle and R. Gibbs, Illuminating the Law: legal manuscripts in Cambridge Collections   OCLC citation (Turnhout: Harvey Miller, 2001)

Stegmüller, F., Repertorium biblicum medii aevi   OCLC citation, (Madrid: Consejo Superior de Investigaciones Científicas, 1950-1961)

Index terms