Durham University Library Archives & Special Collections Catalogue
Manuscript codex made up of two parts, now bound in reverse order, both containing canon law texts - Clement V's Constitutiones written in southern France or northern Italy in the mid 14th century and two Summae on Gratian's Decretum written in northern France in the later 12th century. A note identified as in the hand of Thomas Swalwell indicates that this manuscript was at Durham Priory before the dissolution. It was owned by George Davenport and given by him to Bishop Cosin's Library around 1670.
Parchment, poor quality; some flaws (repaired, stitches lost, f.48) and natural edges. Quires of (A) with flesh-side outermost; flesh and hair sides in (B) indistinguishable; upper and outer edges cropped; turned dog-ears of f.32 and 34 are c. 8 mm higher. Bad staining of (A) and the first leaves of (B); f.1r, 28v, 29v and 30r also badly rubbed, with considerable loss of text.
foliated, i, 1-94
Early corrections in items (5)-(6) by interlineation, supply in margin (e.g. f.46v-47r), or over erasure (e.g. f.68v, 71v, 73v). Original (?) side notes in item (5), boxed in red, with line treated similarly to underlining of f.78v-80r. Considerable late 12th century marginalia, items (5)-(6), including decretals in item (5). Notes in a small 13th/14th century hand, using arabic numbers, f.79r-v. Heading for item (1) supplied in 14th century anglicana, and further title “D<ecretalium?> ti. 1” erased above f.1rb. Marginal numbering of tituli of item (1), repeated in upper margin, c. 1500, perhaps by Thomas Swalwell monk of Durham, cf. his note (f.27r).
Bound in Durham by Hutchinson in the early 18th century in brown leather, blind tooled with Hugh Hutchinson's roll A on the sides and D on the board edges; spine replaced mid 19th century.
Note c. 1500 in hand of Thomas Swalwell, monk of Durham, f.27rb. 15th/16th century pen-trial in upper margin of f.81r. Inscription: “Geo. Davenport. 1663”, in window cut out in later pastedown; his note of item (1) only, f.iv. Added note of item (2), by Thomas Rud, f.iv. Ex-libris and shelf-numbers by Thomas Rud at head of f.1r, on top of erased medieval title
Parchment, poor quality; some flaws (repaired, stitches lost, f.48) and natural edges. Quires of (A) with flesh-side outermost; flesh and hair sides in (B) indistinguishable; upper and outer edges cropped; turned dog-ears of f.32 and 34 are c. 8 mm higher. Bad staining of (A) and the first leaves of (B); f.1r, 28v, 29v and 30r also badly rubbed, with considerable loss of text.
1-212, 34 + one leaf (f.29) after 4 (now bound with quire 4).
No evidence of line pricking visible. Written space c. 185 x 122 mm; ruled in faint brown or gray. Two columns; c. 48 lines.
Written in a roundedgothic minuscule typical of glosses to legal texts, proficiently
Paraphs, red or blue, normally alternately. Initials: (i) to “Idem”, 1 line, blue or red alternately; (ii) to capitula and items (2)-(3), 2 line, blue, with red Italian-style infilling (normally a pair of vertical lines, some also with a pair of circles) and light flourishing; (iii) to tituli, 3 line, as (ii); (iv) to item (1), red and blue I, with red flourishing, and a "J-border" down left edge of text block of alternately red and blue sections 15-20 mm high.
Written in southern France or northern Italy, mid 14th century.
III, vii,2 (CIC ii,1162) is divided in two at “Bonifacius episcopus” (f.10r); I, vi, 3-4 (CIC ii,1140) are not divided (f.3v). The rubrics, for which spaces were left, are only represented by small marginal wording by the original scribe; the tituli are numbered by later (15th century) ink in arabic up to 49 in the margins, over some in soft brown plummet, and in upper corners of the pages, a single sequence ignoring the book divisions. Another early copy addressed to Oxford University, B.L. MS Royal 11 C.xi, is followed by a group of three decretals, the first two the same as items (2)-(3) below.
Final clauses are shorter than in the edition.
Final clauses are shorter than in the edition. The rest of f.28v columns a-b appears to be occupied with up to 52 lines each of close small cursive writing, now illegible. f.29r blank.
List of tituli ot (1). Titles of (2) and (3). Added in a now badly faded anglican hand.
4-98, [quire(s) missing after f.77], 10-118
(B): Pricking in outer margins only. Written space 170 or (quires 7-9) 173 x 100-103 mm; ruled in brown or sharp gray, with 13 mm space between columns divided by two verticals, at 3 and 10 mm Two columns; 40 lines, the first above the top ruled line.
Written in proto gothic minuscule, expertly, by several hands, changing f.71v and at f.78ra/b (101), 86r (111), 89va4; f.30-31 written much smaller than the rest.
Some text capitals lined with red f.30r-80v and 85r-86r. Lemmata of item (6) mostly underlined, generally in red, the line having frequent small descending semi-circles on f.78v-80r. Paraphs, in red, in item (5). Initials: (i) to distinctions and questions, 1 line, red or (f.47r, 54v, 55v, 57r, 62r-64r, 70v, 72r, 77v) green or (f.54r) blue; (ii) to item (5) chapters and to item (6), 2 line, red or (f.41r, 46r) blue. Running titles in red, giving chapter number, f.41v-77r.
Written in northern France or England (more probably the former), later 12th century.
Books I-II,xxx,1, end defective, of untraced authorship, identical in some portions to the summa "De multiplici iuris divisione". Legendre 1959 notes “une étroite dépendance de l'auteur par rapport à la Somme de Rufin” (p. 494). The first part (f.30r-41r) comprises a summary of Decretum I distinction by distinction, the second a fuller treatment of Decretum II question by question; as compared with other copies there are omissions on matters concerned with papal authority and fuller treatment of fine points of procedural law. Two parts of a decretal of Alexander III are inserted in the text: Jaffé, no. 14091 (f.71 and 76); several others are found among the near contemporary marginal annotations: nos 13904 (f.32v), 14156 [21 July 1177] (f.45r), 13583 (f.45v), 14156 (f.47r), 14091 (f.55v), 13859 (f.58v), 13727 (f.63v), 12200 (f.64v), 14136 (f.74v), 12293 (f.75v), and 14091 (f.77v); for a fuller analysis and discussion, see Nörr 1962, 138-147, comparing the present manuscript with London Lambeth Palace MS 139. W. Becket Soule drew attention to (personal communication?) Cambridge Trinity Coll. MS O.7.40 f.247-254 and Cambridge Pembroke Coll. MS 72 f.68-75, suggesting that Lambeth MS 139 contains a corrupt copy of Pembroke MS 72.
Author unidentified; books I-II,viii,15, end defective
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.
,
Surtees Society 7, (London: J.B. Nichols and Son, [1838]).
Corpus iuris canonici (Leipzig: Tauchnitz, 1879-81)
Jaffé, P., Wattenbach, W., Regesta pontificum romanorum ab condita ecclesia ad annum post Christum natum MCXCVIII , (Graz: Akademische Druck- und Verlagsanstalt, 1956)
Legendre, P., "Miscellanea Britannica", in "Institute of research and study in medieval canon law: Bulletin for 1959", Traditio 15, (1959), 491-497
Nörr, K. W., "Die Summen De iure naturali und De multiplici iuris diuisione", Zeitschrift der Savigny Stiftung für Rechtsgeschichte, Kanonistische Abteilung 79, (1962), 138-63