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8. LAW (2)

8.5. CANON LAW

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 23.11. Judaism

LAWS IN THE PENTATEUCH - See 1. The Bible

8. Law

8.5 Canon Law

See also MS 1644/1, Teaching of the Apostles, canons, Syria, 9th-10th c.

MS 2084
ms 2084
GREGORIUS IX: DECRETALS, WITH THE GLOSS OF BERNARDUS BOTTONIUS

 

MS 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.

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MS 5100
ms 5100
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".

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MS 2160
ms 2160
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.

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MS 5151/1 MS 5151/1
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.

MS 5151/1

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.

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MS 1393  
MS 1390
  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.

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Jewish Law

See Collection 23.11. Judaism

Laws in the Pentateuch

See Collection 1. The Bible

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