Durham University Library Archives & Special Collections Catalogue
Justinian, Digest, written in Bologna by Bartholomeus de Tintis de Mutina in the second half of the 13th century. Once lavishly illustrated, it has now lost almost all the opening pages of the books, which were clearly removed for the illumination on them.
Parchment: stout, smooth and even-toned, notwithstanding perceptibly follicle marks on H sides. Arranged: FH, HF.
Modern pencil foliation.
flyleaves (1-2), two singletons, now glued to fol. 3 at the gutter. I9 (= 10 lacks leaf 1 before fol. 3), II10, III9 (=10 lacks leaf 8 after f.28), [three lost quires], IV11 (=12 lacks leaf 1 before f.31), V10, VI9 (=10 lacks leaf 3 after f.53), VII9 (=10 lacks leaf 9 after f.68), VIII-IX10, X9 (=10 lacks leaf 7 after f.95), XI10, XII2 (end of Book XLIV), XIII9 (=10 lacks leaf 1 before f.111); XIV12, XV9 (=10 lacks leaf 1 before f.132), XVI10, XVII11 (=12 lacks leaf 10 after f.159), XVIII-XIX12, XX9 (=10 lacks leaf 3 after f.187), XXI10, XXII12, XXIII9 (=10 lacks leaf 6 after f.219), XXIV12, XXV9 (=10 lacks leaf 5 after f.237), XXVI8, XXVII-XXVIII10, XXIX4
Text-block: up to 430 x 245 mm (text and apparatus). Main text: 235 x 140 mm. Two columns (width, 66 mm).
Lines. Main text: 47 (space, 5 mm; height of minims, 3 mm). Apparatus: up to 104 (space, 4 mm; height of minims, 2.5 mm).
Written in Textualis rotunda (littera bononiensis), highly regular, for both main text (though not the rubrics) and apparatus; also some corrections. The work of a single scribe, who was called Bartholomeus: the name survives more or less cropped on the first leaf, recto, lower margin, of quires IX (f.80r, tips of ascenders only), X (f.90r, ‘b′thol′ .ti'ti.’), XVIII (f.162r ‘bartholomei. tinti’), XIX-XXI (f.174r, f.186r, f.195r, all ‘b′thol′’), and XXIII (f.215r, tips of ascenders only). He wrote these subscriptions in an informal semi-cursive that he also used to supply guide text for the rubrics. This is doubtless the Bartholomeus de Tintis de Mutina (i.e. of Modena), scribe and illuminator, who is documented as active in Bologna 1265-9 (and involved in the production of copies of Digestum vetus) (Murano 2006: no. 30)
Some corrections to the main text up to f.91v are in Textualis rotunda, its form closely similar to that of Bartholomew. Many corrections to the main text in these same pages and in the rest of the volume are in a northern European Textualis semi-quadrata, in blacker ink; this hand also contributed most (but not all) of the rubrics (in his rubric for Book XLV on f.110v, he numbered it thus [not ‘VII’]). Corrections to the apparatus are mainly in a neat Textualis rotunda/semi-quadrata hybrid (with the spaciousness of the former, but the broken strokes of the latter); some are in a taller, thinner Textualis rotunda (both sorts appear on f.49r).
Pecia notes (with separate numeration for text and gloss) survive in whole or part on the final verso, lower margin, of quires I (‘ccccxxviij’), III (very cropped), V (‘in glo ccxxvij in textu lxxviij’), VI (‘in glo ccxvi In textu lxxviii’), XI (‘lxxxii . iiii . in textu’), XVII (? ‘ccxi – X te ??vij’), XVIII ‘-?- textu lxvi’), XX (‘t clx. -?- G cccxxiiij’), XXI (‘t cxxx-?- G cxx??’). Murano 2005, no. 476.
Miniatures doubtless headed each book: the excision of all the pages in question was presumably on their account. Unusually, a miniature was supplied heading Book L, Titulus 17 (De diuersis regulis iuris antiqui), f.264r; this was overlooked by the mutilator. 7 main-text lines high, it shows (to the left) a seated lawyer, flanked by two companions, in dialogue with a standing cleric about a charter that they both hold; the cleric is flanked by two layfolk, the foremost of whom is holding, offering, or receiving a book; the cleric points behind himself to where (to the right) a lawyer instructs a group of layfolk.
Decorated initials, 5+ lines high, plus border bars head tituli.
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). A small round rust stain on f.1, top margin, possibly from metalwork associated with a chain staple on an earlier binding.
Written in Northern Italy, later 13th century.
Inscription: “.A. Digestum nouum. Liber Sancti Cuthberti”, 13th/14th century, f.1r, top.
“digestum nouum. libri 13 [changed to 12, with 12 also added superscript] glosatum 2a 9i k”, early 16th century, f.2r, centre.
Annotation by Thomas Swalwell, such as on f.69v.
Recorded in Spendement catalogue.
Entries arranged in alphabetical blocks, but ordered therein according to their appearance in the text. Each entry is preceded by its Book number and followed by its Titulus number. Written in an informal cursive, inky, akin to the hand of Thomas Swalwell. F.1v, blank.
Bifolium (originally the centre of its quire), opened, and turned sideways to serve as flyleaf, wirtten in England or France. Cropped at the lower (now outer) edge, with loss of gloss. Page size: up to 275 x 215 mm. Text-block: 190 x 120 mm. Two columns (width, 52 mm). Lines: 36 (space, 5+ mm; height of minims, 2 mm). Designed with wide margins for glossing. Contemporary glossing, interlinear and marginal on all four pages. Clearly re-used thus by 15th/16th century (the title for the main volume is written at the centre of its recto). Textualis libraria, hurried but spacious; black ink. Glossing in an informal cursive in brown ink. The spaces (2 lines high) reserved for Titulus initials and rubrics remained unfilled.
Every Book is acephalous; most break off imperfect; there is also a major lacuna within Book XL.
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]).
S. L’Engle and R. Gibbs, Illuminating the Law: legal manuscripts in Cambridge Collections (Turnhout: Harvey Miller, 2001)
Murano, Giovanna, Opere diffuse per exemplar e pecia , (Turnhout: Brepols, 2005)
Murano, Giovanna, Copisti a Bologna (1265-1270) , (Turnhout: Brepols, 2006)