8. Law
Click on the pictures to view them in full screen format.
15 MSS are listed of a collection of 90 law MSS.
- MS 2064 Ur-Nammu law code, Sumer, 2095-2047 BC
- MS 4507 Law codes of Eshnunna or Hammurabi, Babylonia, ca 1900-1650 BC
- See also MS 1976 , Spain, 209
- MS 209/06 Digestum vetus, book 4:2 Italy, 14th c.
- MS 209/53 Bartolus de Saxoferrato: Commentaria in Infortiatum, Italy, 1st half 14th c.
- MS 219 Justinianus: Digestum Novum, Italy, 1325-1350
- MS 209/04 Cinus de Pistorio: Lectura in codicem, Italy, 1st half 14th c.
- MS 699 Law speeches, Italy, 2nd quarter 15th c.
8.4. Magna Carta and the Statutes
- MS 563 Magna Carta of 1217, England, ca. 1310
- MS 1390 Magna Carta of 1297, England, ca. 1299
- MS 710 Magna Carta of 1300, England, 1300-1307
- MS 1355 Statutes 1327-1444, England, ca. 1445
- See also MS 1644/1, Teaching of the Apostles, canons, Syria, 9th-10th c.
- MS 2084 Gregorius IX: Decretals, Italy, 3rd quarter of 13th c.
- MS 5100 Imola: Lectura in Decretalium, Italy, 1431-1447
- MS 2160 Clemens V: Constitutiones, Bologna, ca. 1350
- MS 5151/1 Bonifacius VIII, Southern France, mid 14th c.
- MS 1393 Canon law practice, Germany, 1433
- See also MS 023, Summa Casum, Italy, 1434
- See also MS 4480, Gratianus: Decretals, France, late 12th c.
Jewish law see Collection Other Religions, 23.11. Judaism
Laws in the Pentateuch, see Bible collection
THE UR-NAMMU LAW CODE
CODE OF 57 LAWS INCLUDING CRIMINAL LAW, FAMILY LAW,
INHERITANCE
LAW, LABOUR LAW INCLUDING SLAVE RIGHTS, AND AGRICULTURAL AND
COMMERCIAL TARIFFS
MS in Sumerian on clay, Sumer, reign of King Shulgi, 2095-2047 BC, 1 cylinder, l. 28 cm, diam. 12 cm, 8 columns (originally 10 columns), 243 lines in cuneiform script.
Binding: Barking, Essex, 1996, green quarter morocco gilt folding case by Aquarius.
Context: For the Hammurabi law code, see MS 4507.
Commentary: The Ur-Nammu law code is the oldest known, written about
300 years before Hammurabi's law code. When first found in 1901, the laws of
Hammurabi (1792-1750 BC) were heralded as the earliest known laws. Now older
collections are known: The laws of the town Eshnunna (ca. 1800 BC), the laws
of King Lipit-Ishtar of Isin (ca. 1930 BC), and Old Babylonian copies (ca.
1900-1700 BC) of the Ur-Nammu law code , with 26 laws of the 57 on the present
MS. This cylinder is the first copy found that originally had the whole text
of the code, and it is the world's oldest law code MS. Further it actually
mentions the name of Ur-Nammu for the first time.
Hammurabi's laws
represented the inhuman Law of Retaliation, "an Eye for an Eye". One would
expect the 300 years older laws of Ur-Nammu would be even more brutal, but the
opposite is the case: "If a man knocks out the eye of another man, he shall
weigh out 1/2 a mina of silver".
THE HAMMURABI LAW CODE, OR HITHERTO UNKNOWN LAWS. LAW 4: IF A MAN BUYS A ... SHARE, AND HAS BUILT A HOUSE, HE SHALL CONSIDER THE SHARE AS HIS SHARE
MS in Old Babylonian on clay, Babylonia, ca. 1900-1650 BC, 1 tablet, 11,8x5,6x2,9 cm, single column, 21 lines in cuneiform script.
Context: Ur-Nammu law code is MS 2064.
Commentary: The present law text has not yet been properly identified. It could be from the part lacking on the stele in Louvre, or some hitherto unknown laws. These 6 laws are, so far, not otherwise known. They can be a later copy of Lipit-Ishtar (ca. 1930 BC), or from Eshunna (ca. 1800 BC), or among the 35 laws missing on the famous black basalt stele of Hammurabi (ca. 1760-1750 BC) in Louvre, or a witness to an unknown ruler's law code.
DIGESTUM VETUS, BOOK 4:2, WITH THE ACCURSIAN GLOSS
MS in Latin on vellum, Italy, 14th c., 1 f., 40x27 cm, 2 columns main text, (22x14 cm), 52 lines surrounded by gloss, (35x23 cm), 100 lines in an Italian Bolognese Gothic book script of high grade and quality, initials in red and blue.
Provenance: 1. Bernard Rosenthal, San Francisco.
Commentary: Digestum vetus is the first of the 3 parts (Digestum vetus, Infortiatum, and Digestum novum) that constitute the Digesta or Pandectae (covering all aspects of civil laws), and which is the main body of Justinian's Corpus Juris Civilis from 529-534, the basics of Western laws up to the present. Corpus Juris Civilis also comprised Codex constitutionum (imperial statutes), Institutionum (manual for jurists, a general survey of Roman law) and the novellae leges (new laws issued from 535-565).
On the reverse side, the lines in part of the gloss are forming a rhombic pattern.
BARTOLUS DE SAXOFERRATO: COMMENTARIA IN INFORTIATUM
MS in Latin on vellum, Italy, 1st half of 14th c., 1 f., 32x23 cm, 2 columns, (27x16), 59 lines in Italian cursive book script, 13 2-to 3-line initials in alternate red and blue.
Provenance: 1. Francesco Radaeli, Milano (1985); 2. Bernard Rosenthal, San Francisco.
Commentary: Infortiatum is the second of the 3 parts (Digestum vetus, Infortiatum, and Digestum novum) that constitute the Digesta or Pandectae (covering all aspects of civil laws), and which is the main body of Justinian's Corpus Juris Civilis from 529-534, the basics of Western laws up to the present. Corpus Juris Civilis also comprised Codex constitutionum (imperial statutes), Institutionum (manual for jurists, a general survey of Roman law) and the novellae leges (new laws issued from 535-565).
Bartolus de Saxoferrato (1313-1357) is generally recognised as the greatest legal commentator and reformer of the 14th c. and the following centuries.
IUSTINIANUS: DIGESTUM NOVUM CUM GLOSSA, BOOKS 12 - 13
MS in Latin on vellum, Bologna (?), Italy, 1325-1350, 1 f., 34x26 cm, 2 columns of text, (23x13 cm), 44 lines, and 2 columns of gloss (29x21 cm), 87 lines, in a formal rotunda Gothic book script, 14 1- to 3-line initials in blue with flourishes, 1 in red, miniature of a King in Judgement in colours against an orange-pink diapered background within an arcaded frame of blue, green and gold, with grotesque figures, birdlike figures with human heads on all sides, other illustration of the border and spray extensions include animal and bird heads.
Provenance: 1. Bruce Ferrini Cat. 1(1987):4.
Commentary: Digestum novum is the third of the 3 parts (Digestum vetus, Infortiatum, and Digestum novum) that constitute the Digesta or Pandectae (covering all aspects of civil laws), and which is the main body of Justinian's Corpus Juris Civilis from 529-534, the basics of Western laws up to the present. Corpus Juris Civilis also comprised Codex constitutionum (imperial statutes), Institutionum (manual for jurists, a general survey of Roman law) and the novellae leges (new laws issued from 535-565).
CINUS DE PISTORIO: LECTURA IN CODICEM
MS in Latin on vellum, Italy, 1st half of 14th c., 1 f., 31x27 cm, 2 columns, (24x19 cm remaining), 65 lines remaining in Italian Bolognese Gothic book script of medium quality, chapter headings in red, initials in alternate red and blue with penwork. 3 6-line initials elaborate painted against ornate square grounds.
Provenance: 1. Francesco Radaeli, Milano (1985); 2. Bernard Rosenthal, San Francisco.
Commentary: Codicis or Codex constitutionum (The Justinian code) comprises the statutes of the Roman emperors from Hadrian to Justinian. It was completed in 529 and came in the final revised edition in 534. The position of the emperor with unlimited legislative, executive, and judicial power is implicit throughout the code. Numerous provisions serve to secure Christianity as the sole state religion of the Empire. The other parts of Corpus Juris Civilis, the basics of Western laws up to the present, are: The Digesta or Pandectae covering all aspects of civil law, Institutionum (manual for jurists, a general survey of Roman law) and the novellae leges (new laws issued from 535-565). Cinus de Pistorio (Cino Sighibuldi da Pistoia, 1270-1336) was besides legal commentator, also poet and friend of Dante.
1. CICERO: PRO CAECINA
2. CICERO: DE LEGE AGRARIA 1 – 3
3. CICERO: IN PISONEM
4. CICERO: PRO RABIRIO POSTUMO
5. CICERO: PRO RABIRIO PERDUELLIONIS
6. CICERO: PRO ROSCIO COMOEDO
MS in Latin on vellum, Milano, Italy, 2nd quarter of 15th c., 86 ff. (complete), 28x20 cm, single column, (17x11 cm), 31 lines in a calligraphic humanistic book script, a sketch of a man apparently making a speech.
Binding: England, 20th c., mottled boards, morocco spine gilt, sewn on 3 cords, marbled endleaves.
Provenance: 1. Johannes Maria de Pusterla, Milano or Piacenza, Italy (15th or 16th c.); 2. Sebastianus de Bubalis Romano, Italy (15th or 16th c.); 3. Internationaal Antiquariaat, Amsterdam cat. 247(1964):68; 4. Sotheby's 21.6.1988:87; 5. Maggs cat. 1093(1990):2.
Commentary: These 8 speeches were rediscovered by Poggio Bracciolini in 1417 in Langres ( text 1) and in the library of Köln Cathedral (texts 2-6). Texts 4-6 were until then unknown. The text of the present MS, containing only these 8 speeches, is closely related to Poggio's MS, Vatican Lat. 11458, though apparently a descendant of Bodley MS D'Orville 78, of 1418.
Text 1 is involving Roman republican inheritance law as well as criminal law: The agent Aebutius who bought a farm on behalf of Caesennia, who bequeathed her property to Aulus Caecina, pretended he had bought it for himself. When Caecina tried to enter his land, he was driven off by Aebutius at the head of a band of armed slaves. Caesina obtained an "Interdictum" from the praetor, a provisional decree, the legal term being "vis contra jus moremque".
Text 2. Cicero delivered 3 speeches in the Roman Senate against a new agrarian law by the new tribune Publius Servius Ruclus. The law purported to appoint 10 commissioners (decemviri) absolute power for 5 years over all the revenue of the Roman Republic, to freely redistribute lands as they thought fit, to settle colonies, to distribute lands and spoils taken in wars, and to determine the rights of the present possessors of lands.
Text 6 involves Roman republican criminal and indemnity law in relation to compensation for the murder of a slave.
8.4. Magna Carta and the Statutes
- MAGNA CARTA AS REGRANTED BY HENRY III IN 1217
- CARTA DE FORESTA
- SENTENCIA DATA IN TRANGRESSORES
- ASSISA FORESTE
- SUMMA DE ANTIQUO DOMINIO CORONE
- STATUTA DE SCACCARIO
- DISTINCTIONES
- PROVISIONES DE MERTON
- STATUTUM DE MARLEBERGE
- STATUTUM WESTMONAST. PRIMUM
- STATUTA GLOUCESTER
- EXPLANATIONES EORUNDEM (STATUTA GLOUCESTER)
- MAGNUM HENGHAM
- MARCHAUNZ
- STATUTUM DE ACTON BURNET
- OXONIAE
- STATUTA WESTMONAST. SECUNDUM
- STATUTUM DE FINIBUS
- STATUTUM WYNTON
- STATUTUM DE JUSTICIARIIS
- STATUTUM DE CONSPIRATORIBUS
- BREVE FUNDATUM SUPER ILLUD STATUTUM (STATUM DE CONSPIRATORIBUS)
- STATUTUM INGRESSU TERRARAM
- STATUTUM QUIA PER PUBLICAM ... QUERIMONIAM
- BREVE SUPER EODEM (STATUTUM QUIA PER PUBLICAM)
- STATUTUM DE MILITIBUS
- STATUTUM DE ANNO ET DIE IN ANNO BISSEXTILE
- STATUTUM EXON
- ARTICULI CONTRA PROHIBITIONEM REGIS ALLOCANDI
- COMPOSITIO MONETE ET MENSURE
- ASSISA PANIS
- ASSISA CERVISIE
- LUCRUM PISTORIS
- EXTENTA MANERII
- MODUS FACIENDI HOMAGIUM
- VISUS FRANCIPLEGII
- QUAE RESPONSIONES EXCEPTIONUM. CADIT ASSISA
- SUMMA DE DIFFICULTATE ESSONIORUM
- FREQUENTES QUERELAS, A WRIT TO A SHERIFF TO MAKE PROCLAMATION AGAINST PURVEYANCE
- REGISTRUM BREVIUM
- CURIA BARONUM, A GUIDE TO PLEADING IN MANORIAL COURTS
- BREVIA PLACITATA
- OFFICIUM VICECOMITATIS
- OFFICIUM CORONATORIS
- DE TRANSGRESSIONIBUS PERSONALIBUS, AN EXTRACT FROM A TREATISE ON PROCEDURE REFERRING TO TRESPASS ACTIONS
- EDWARD II, KING OF ENGLAND, ORDINANCE OF 16 MARCH 1310
- ROBERT GROSSETESTE, BISHOP OF LINCOLN: LES REULES QE SEINT ROBERT GROSSETESTE ESVESQUE DE NICOLE (LINCOLN) FIST A LA REQUESTE LA BONE CONTESSE DE NICOLE COMENT ELE DEVOIT FAIRE SES TERRES GARDER ET SON HOSTEL TENIR
MS in Latin and Anglo-Norman (text 47) on vellum, England, ca. 1310, 241 ff. (-3), 23x17 cm, 1 and 2 columns, (18x12 cm), 24-31 lines in English court documentary script, initials in red or blue with penwork decoration.
Binding: England, ca. 1310, goatskin over oak boards, sewn on 4 double thongs.
Provenance: 1. Thomas Pageherst, Staplehurst, Kent (16th c.); 2. Thomas Thorpe, London (19th c.); 3. Sir Thomas Phillipps, Cheltenham, Ph 9427 (ca. 1830-1872); 4. Katharine, John, Thomas & Alan Fenwick, Cheltenham, (1872-1946); 5. Robinson Bros., London (1946-1978); 6. Kraus cat. 153(1979):35.
Commentary: Text 1: The 1217 inspeximus of Magna Carta, survives in a few English libraries and record offices only. Text 47: This is a comprehensive scheme for the management of landed estates, written for the guidance of Hawys de Quency, sister of Randulph Blundevil, Earl of Chester and Lincoln. Only 2 libraries are recorded as owners of this text: Bodleian Library and British Library.
Exhibited: University of Oslo. Library of Law Faculty: Opening exhibition of Domus Bibliotheca, 5-27 May 1994.
- MAGNA CARTA AS REGRANTED BY EDWARD I IN 1297
- STATUTES OF ENGLAND, FROM THE 1297 FOREST CHARTER TO THE 1299 STATUTE OF FINES
- TRACTATUS BASTARDIE
- MODUS COMPONENDI BREVIA
- EXCEPTIONES AD CASSANDUM BREVIA
- TRACTATUS CORONE
- PLACITA CORONE
- ARTICULI IN NARRANDO OBSERVARI
- ALIA EST DIVISIO ("QUIA IN SUPERIORI DIVISIONE LOQUITUR DE BREVIBUS ")
- EXCEPTIONES GENERALES AD BREVE
- EXCEPTIONES CONTRA BREVIA
- BREVIA PLACITATA
- CADIT ASSISA
- UDICIUM ESSONIORUM
- SUMMA QUE VOCATUR NATURA BREVIUM
- ARTICLES OF THE EYRE
- CUSTOMS AND ASSIZES OF THE FOREST
- REGISTER OF WRITS
MS in Latin and Anglo-Norman on vellum, England, ca. 1299, 124 ff. (complete), 25x17 cm, single column, (20x12 cm), 43-45 lines in good English court documentary script by several scribes, 39 large initials in blue with red penwork decoration.
Binding: England, first half of 20th c., dark brown morocco gilt, sewn on 5 cords, by W.H. Smith.
Provenance: 1. Henry Thomas Liddell, 1st. Earl of Ravensworth (1856-1878); 2. Dr. Eric George Millar, MS 26 (until 1956); 3. Sotheby's 23.4.1956:66; 4. H.F. Smith, Leicester (1956-1991); 5. Heathcote Ball & Co., Leicester 25.7.1991:548; 6. Quaritch Cat. 1151(1991):58.
Commentary: The earliest Magna Carta in private hands. It is also
one of the earliest Magna Cartas in book-form, marking the genesis of the
statute book, the earliest type of secular MS produced in any quantity in
England.
Text 12 is not the standard version. It is a rather close
relative of Harvard Law School, MS 24. Text 15 is in the earliest version
known.
Exhibited: University of Oslo. Library of Law Faculty: Opening exhibition of Domus Bibliotheca, 5-27 May 1994.
| 1. | MAGNA CARTA AS REGRANTED BY EDWARD I IN 1300 |
| 2. | STATUTES OF ENGLAND |
| 3. | CALENDAR |
MS in Latin and Anglo-Norman on vellum, Yorkshire, 1300-1307, 182+9 ff. (complete), 10x7 cm, single column, (7x4 cm), 22 lines in a small English court documentary script, headings in Gothic book script, 1-line initials, paragraph marks and running titles in blue or gold, calendar and tables of chapters in red and blue, 25 illuminated 4- to 9-line initials in leafy and floral designs in colours and burnished gold with full-length borders with leafy extensions, 11-line historiated initial of Edward I with full border in gold and colours.
Binding: England, 14th or 15th c., calf over oak boards, sewn on 3 thongs, blindruled in panels with lattice design in the central compartment.
Provenance: 1. Private owner, Yorkshire (1649); 2. Joseph Waldron (after 1649); 3. Soame Jenyns (1704-1787); 4. Paul Francis Webster, U.S.A. (1907-1984); 5. Sotheby's New York 24.4.1985:59; 6. Sotheby's 29.11.1990:102.
Commentary: The portrait of King Edward I is contemporary. He died in 1307. A Magna Carta so richly illuminated is known in a few copies only. The present MS must have been made for a lawyer or administrator in Yorkshire, perhaps York itself.
Exhibited: University of Oslo. Library of Law Faculty: Opening exhibition of Domus Bibliotheca, 5-27 May 1994.
| 1. | STATUTES OF THE REALM, FROM 1327 TO 1444 |
| 2. | MODUS TENENDI PARLIAMENTUM |
MS in Latin, Anglo-Norman, and Middle English on vellum, London?, England, ca. 1445, 274 ff. (-14), 36x25 cm, single column, (23x15 cm), 36 lines in current English book script by 2 scribes, headings in red in a formal English book script, signed by Ricardus Chetylbere, large blue initials with red penwork decoration, 2 drawings of 16th c.
Binding: London, ca. 1445, tawed leather (originally pink) over oak boards, sewn on 8 double thongs, blue, green, and yellow head- and tail-bands, 2 pink tawed leather strap clasps from upper board to posts in centre of lower board.
Provenance: 1. Richard Chetylbere (ca. 1445); 2. Anna Wylbraham (16th c.); 3. Edward Odierne (until 1592); 4. John Barker, Sibton, Suffolk (1592-); 5. Lord Tollemache and his descendants, Helmingham Hall, Suffolk (-1970); 6. Sotheby's 8.7.1970:67; 7. Frank W. Hammond, London cat. (1970):26; 8. B.J. Webb, Brisbane, Australia; 9. Sam Fogg Rare Books Ltd., London.
Commentary: The only known copy of the Statutes that is signed, and one of the earliest known in Middle English, copied from a rather unique exemplar owned by a member of the Inns of Court or Parliament. Modus tenendi Parliamentum is widely held to be the most important surviving text for the history of the forms and organisation of parliamentary procedure in England in the Middle Ages.
Exhibited: University of Oslo. Library of Law Faculty: Opening exhibition of Domus Bibliotheca, 5-27 May 1994.
See also MS 1644/1, Teaching of the Apostles, canons, Syria, 9th-10th c.
GREGORIUS IX: DECRETALS, WITH THE GLOSS OF BERNARDUS BOTTONIUS
MS in Latin on vellum, Bologna(?), Italy, 3rd quarter of 13th c., 252 ff. (-ca. 7), 38x23 cm, main text: 2 columns, (19x11 cm), 41-42 lines, gloss: (35x21 cm), 2 columns, 80-90 lines, in a neat round Gothic book script of medium grade and quality, headings in red, 2-line initials in alternately blue and bright red with contrasting penwork throughout, 4 very large decorated book openings forming the name Gregorius, very extensive medieval notes and added gloss on every page.
Binding: Bologna, Italy, 13th c., bevelled wooden boards, sewn on 4 thongs. 1 lozenge-shaped catch stamped with the Pascal lamb and an S remaining. Pastedown on lower cover from a French 15th c. document.
Provenance: 1. French auction?, lot 77656; 3. Sotheby's 5.12.1995:32.
Commentary: This is the basic text of medieval canon law. The text was commissioned in 1230 by Gregory IX and was completed in 1234 by Raymond of Peñafort, Dominican canon lawyer, and later supplemented by the decretals of Bonifacius VIII in 1298 and of Clemens V in 1317. The 3 comprised the corpus of canon law. Though the text was known and used throughout all Europe, substantially complete manuscripts are relatively rare outside ancient public libraries.
JOHANNES NICOLETTUS DE IMOLA: LECTURA IN LIBRUM SECUNDUM DECRETALIUM
MS in Latin on paper, Padua?, Italy, 1431-1447, 332 ff. (complete), 42x29 cm, 2 columns, (30x19 cm), 65 lines in a hybrid Gothic book script of medium quality, 400 painted initials, 18 large initials alternately in red with blue or purple penwork infills or in blue with red penwork, many with marginal extension, 7 pen drawings, 3 historiated initials, 2 with acanthus extensions with birds and a putto forming borders, 1 1/3-page miniature of St. James enthroned with supplicants and the coat-of-arms of Eugenius IV and of the Papal state, by an artist influenced by the Master of the Statuti della Società dei Drapieri, and anticipating the manner of Bartolomeo del Tintore.
Binding: Italy, 18th c., mottled calf gilt, sewn on 5 cords, red edges. Context: The text is extremely rare, besides the present MS, only 2 MSS are known, Madrid, Bibl. Nc. MS 1915, and British Library, Royal Ms 9 C.VIII (incomplete copy).
Provenance: 1. Lawyer and member of a confraternity dedicated to St. James, Padua, shelfmark Tab 22 (1447); 2. Sotheby's 6.7.2000:63; 3. Percy Barnevik, Sweden (2000); 4. Christie's 11.7.2002:25.
Commentary: Pope Gregory IX issued the decretals in 1234 as a revision of the Decretals Gratiani in an attempt to provide the Bolognese and Parisian universities with an uniform and complete collection of the decretals. The decretals the basic text of medieval canon law. The text was commissioned in 1230 by Gregory IX and was completed in 1234 by Raymond of Peñafort, Dominican canon lawyer, and later supplemented by the decretals of Bonifacius VIII in 1298 and of Clemens V in 1317. The 3 comprised the corpus of canon law. Johannes de Imola (ca. 1372-1436), author of this commentary to the second of the 5 books of the decretals, is "famous throughout the world" as the colophon of the present MS gives the completion of the lecture series of Book II, On Judgements, "morning of 26 June 1425".
CLEMENS V: CONSTITUTIONES OR CLEMENTINAE, WITH GLOSS BY IOHANNES ANDREAE (GLOSSA ORDINARIA)
MS in Latin on vellum, Bologna, ca. 1350, 97 ff. (complete), 31x21 cm, text: 2 columns, (3x9 cm - 21x10 cm, column width 5 cm), 5-38 lines; gloss: 2 columns, (27x17 cm, column width 9,5 cm), 63 lines, in a rounded Gothic book script in 2 sizes of medium grade and quality, 2- to 3-line initials in blue or red with contrasting penwork.
Binding: Sheffield, late 19th c., brown morocco with plain gilt panels on the covers and spine, 33x22x4 cm, sewn on 5 cords, by Townsend & Son.
Provenance: 1. University of Paris? (late 14th c.); 2. William Bragge (1823-1884); 3. Sotheby's 8.6.1876:152; 4. Quaritch, A General catalogue of books 1875-1877, p. 1305, 1877:18359; 5. Henry White (ca. 1877-1902); 6. Sotheby's 21.4.1902:536; 7. Ridler and his family (1902-ca. 1996); 8. Sam Fogg Rare Books Ltd., London.
Commentary: The gloss of Johannes Andreae (c. 1270-1348), Glossa Ordinaria, is the main standard gloss of the period.
JOHANNES MONACUS: APARATUS SEXTI LIBRI DECRETALIM (GLOSA AUREA)
MS in Latin on vellum, Southern France, mid 14th c., 108 ff. (complete), 41x28 cm, 2 columns, (29x19 cm), 60 lines in a bold bolognese Gothic rotunda book script of medium quality, some marginal commentaries in slightly later glossing book script, numerous 2- and 3- line initials alternating in red and blue with violet or red penwork, several up 17- line coloured initials with penwork, ff. 60v-62r and 64r with layout of the text into a page- tall hourglass and diamond shapes.
Binding: Spain, 15th c., brown morocco over oak boards, richly blind-ruled, sewn on 4 cords, pastedowns from 2 Spanish breviaries, MSS 5151/2-3; and with booklabels for Sammlung Ludwig made by Pablo Picasso.
Context: The knotwork and layout of the blindruling on the binding is comparable to Thomas: Early Spanish Bookbinding, p. 51, plates 95-96, Madrid, BN ms. 19159.
Provenance: 1. Lucien Scheler, Paris (-1960); 2. H.P. Kraus, Inc., New York, (1960), cat.100(1062:14; 3. Sammlung Ludwig, Aachen and Köln, MS XIV:4; 4. J. Paul Getty Museum, Malibu and Los Angeles, California; 5. Jörn Günther Antiquariat, Hamburg; 6. H.P. Kraus, Inc., New York, cat. 216:162.
Commentary: This is the famous set of glosses on the 6th book of the Decretals by Jean Le Moine/Joannes Monacus (d. 1313), created cardinal by Pope Celestine V in 1294. Bonifacius VIII published the sixth book of the Decretals in 1298. Joannes Monacus' aparatus was finished in the beginning of 1301. It was so well received that it became known as the Glosa Aurea. Though never attaining the stature of the Glosa Ordinaria by Johannes Andreae, it was generally used in French law schools, forming 2 traditions, one with the commentary alone, as in the present MS, and one with the gloss combined with the main text.
| 1. | CASUS BREVES CUM REGULIS JURIS |
| 2. | SERMON: ON THE VISITATION, PRECEDED BY THE END OF ANOTHER SERMON |
| 3. | HOROSCOPES FOR JOHN THE PRIEST IN DOCRII, THE CHAPLAIN IN STEIN, AND OTHERS |
| 4. | DEFINITION OF THE HOLY TRINITY |
| 5. | LUCIUS ANNAEUS SENECA: AFORISMS, 2 QUOTATIONS |
| 6. | DISTINCTIONES, BOOK 6, ON MULTIPLE BENEFICES |
| 7. | ELECTION OF THE HOLY ROMAN EMPEROR, AND ON THE KING OF BÖHMEN, A DISCUSSION |
| 8. | BONIFACIUS: LIBER SEXTUS, EXCERPTS |
| 9. | CICERO: DE TOPICIS, A QUOTATION |
| 10. | CANON LAW PRACTISE, IN BRIEF MAXIMS |
| 11. | JOHANNES ANDREA: DECRETALS, BRIEF QUOTES, ALSO QUOTING POPE HADRIANUS |
| 12. | ASSAYING THE MONEY OF HEIDELBERG, A NOTE |
| 13. | JOHANNES ANDREA: DECRETALS, QUOTATIONS |
| 14. | BONIFACIUS: LIBER SEXTUS, BOOK 4, AND VARIOUS QUOTATIONS ON CANON LAW |
| 15. | ABOUT GOOD WINE AND A BET WITH MAGISTER LUDOVICUS DE BUSCHO |
| 16. | CANON LAW QUOTATIONS ALLUDING TO CLASSICAL TEXTS, MENTIONING THE FOUR GOSPELS, ETC. |
MS in Latin and Middle High German (texts 3, 12, 15) on paper and vellum (text 2), Heidelberg?, Germany, 1433, & Germany, late 13th c. (text 2), 279 ff. (complete), 14x10 cm, single column, (10x6 cm), 24-28 lines in lettre bâtarde by Nicholas d. de H.
Binding: Heidelberg?, Germany, 1433, brown leather over wooden boards, sewn on 2 double and 3 single thongs, iron chain of 7 links and ring, 39 cm, fastened at the top of the lower cover. Vellum pastedown, Germany late 13th c. (text 2).
Provenance: 1. Faculty of Theology of the University of Heidelberg?, Germany (1433-); 2. E.M. Jaarsma, Amsterdam (1955-); 3. German sale, possibly Reis & Auvermann, Königstein im Taunus, cat. (1991?):243?; 4. Jörn Günther, Hamburg.
Commentary: Text 1 is signed and dated by the scribe. Exhibited: Conference of European National Librarians, Oslo. Sept. 1994.
See also MS 023, Summa Casum, Italy, 1434
See also MS 4480, Gratianus: Decretum, France, 12th c.
Jewish law see Collection Other Religions, 23.11. Judaism
Laws in the Pentateuch, see Bible collection