Royal MS 10 B IV

TREATISES on civil and canon law, with part of the Liber Variarum Formularum of Cassiodorus, in Latin, viz.:-

1. The tract called Ordo Iudiciarius or Ulpianus de edendo (cf. Harley MS. 2355), written probably by an English, French, or Flemish canonist (but not in Paris) circ. 1160-1170; see Dr. Max Conrat (Cohn), Gesch. der Quellen des Rom. Rechts, i, p. 615, Schulte, Gesch. der Q. des can. Rechis, i, p. 233. Marginal notes, partly in a scribe's hand. These, as well as the text, are printed by G. Haenel, Incerti Auctoris Ordo Iudiciarius, Leipzig, 1838, who cites the MS. as Casleianus (it is also identical with the 'Iacobaeus', which he supposes to be lost). Without title, and only one rubric inserted. A somewhat later hand has added (ff. 1, 134 b) the name 'Wlpianus', the absurdity of which attribution is noted in the hand of Patrick Young. Beg. 'Quoniam ea que a ciuilibus negotiis'. f. i.

2. Tract [by Peter of Blois, the younger, canon and chancellor of Chartres, nephew of the archdeacon of London] described in the dedication as 'quoddam specu- Ium iuris canonici'. Without title or author's name, or name of the person [Guillaume de Champagne (?), Archbishop of Reims] to whom the dedication is addressed. Printed by T. A. Reimarus, Petri Blesensis Opusculum de Distinctionibus, &c, Berlin, 1837; cf. Schulte, op. cit. p. 207, who dates the tract circ. 1180. Dedication beg. 'Prometheus in Caucasi montis cacumine'; text, Potentissima pars est uniuscuiusque'. f. 9 b.

3. A similar tract on procedure, including many decretals of popes down to Gregory VII, quotations from the civil law, &c. Beg. 'Iudicandi formam in utroque'. f. 33.

4. Brief tract de Prescriptionibus. Beg. 'Quoniam in hac questione'. f. 42.

5. Decretals of Alexander III, including also one of Eugenius III and one ascribed to Caelestinus [I or II]. With the additions at the end it contains sixty-one letters, but one at least is repeated. The arrangement is not systematic. The latest which can be dated from Jaffé's Regesta (ed. ii) are of 1175. Ten (several of which occur also in 10 A. II, 10 C. IV, or both) are absent, or not readily to be identified, from Jaffé. Beg.'Ad hoc in beatorum' (Jaffé, no. 12448). Additions in a different hand (f. 58) are four decretals of which the first and longest ('Cum sacrosancta Romana ecclesia. , . Sane quod nos in primis') has not been identified, the rest are of Alexander III and are known. In the same hand as art. 4. f. 42 b.

6. Another tract on procedure. Beg. 'Iudiclum est trinus personarum actus'. A similar initium is given for an Oxford MS., St. John's Coll. clxxviii, f. 151. f. 59.

7. Another collection of twenty-two decretals assigned to Alexander III, with the exception of one attributed here to 'Urbanus papa', but by the editors (Jaffé's l Regesta, no. 9657) to Eugenius III. Another (ib. no. 15171) is assigned by the editors to Lucius III, but this seems doubtful. About six appear to be absent from the Regesta. Beg. 'De illis qui infra annos' (Jaffé, no. 13767). f. 59b.

8. 'Decreta Lateranensis concilii': decrees of the third Lateran Council, 1179. Artt. 5, 8, 13, and 17 of Mansis version (Concilia, xxii) are omitted, and the order is quite different both from that and other versions (cf 10 C. IV, Arundel MS. 490, Egerton MS. 28ig, and the Leipzig, Cassel, and Bamberg collections (see Schulte in Vienna Acad. Sitzungsberichte, Phil-Hist. Classe, lxiv, p. 140). Beg. 'Licet de uitanda'. f. 62.

9. 'Incipit prologus Cassiodori in libro uariarum formularum': the Variae of Magnus Aurelius Cassiodorus Senator (cf. 8 B. XIX, 8 E. IV, 10 B. XV). The description of this MS. in the introduction to Mommsen's edition (Monum. Germ. Hist., Aucii. Antiquiss. xii) needs a slight modification. It contains, after the prelace, libb. i. I-iv. I (not iv. 39), ending in the middle of a sentence on an unfinished page (f. 102) with the words 'dignitate ut non' (iv. i, line 9 of the edition). After this follows (ff. 103-126b) libb. x. i-xii. 10, and then (f. 127) lib. iv.

5-39, followed immediately by lib. viii. 1-12. It is clear that this last quire (ff. 127-134) was intended to follow f. 102. The last three leaves of the quire preceding were cut away, leaving just space for the insertion of lib. iv. i-4, though this insertion and the completion Of libb. viii, ix were not carried out. Whether the several quireswere copied from the same MS. is uncertain, but, as the readings seem to belong to the same family of MSS., it is of no great importance. The quires have been in the same order as now from an early date, as shown by the inscription on the outer leaf, f. 134 b. There are several hands in the latter part of the book. The rubrics throughout are very imperfect and there is no division of books except after lib. i. At the head of f. 94 the inscription 'liber secundus' is probably a mere blunder. Beg. 'Cum disenorum gratiam'. f. 66. Vellum; ff. 134. 133/4 in. x 81/2 in. XIII cent. Sec. fol. 'iudicio sisti'. Ornamental initials in red, blue, and green. On f. 1 is a mark (), possibly a book-mark of Christ Church, Canterbury (cf. no. 573 of James, Anc. Libr. of Cant., p. 68, 'Summa de ordine iudiciorum'). Old Royal press-mark 'no. 1344'; cat. of 1666 f. 86 CMA. 8440, 8467.