MS 791, b-e are from a glossed version of Justinian’s digest, a law collection organized
in 50 books. Among the fragments belonging to MS 791 are parts from the books 13,
14, 17, 18
and 19. The glosses are by Franciscus Accurtius (d. 1260), one of the most famous
glossators in Bologna.
The fragments are listed according to contents, not alphabetically:
Fragm. d: f. 186r: 18.104.22.168-22.214.171.124 (inc. vel tutori pupilli vel
curatori – expl. quod constituit utrum ad) f. 193v:
14.1.7-126.96.36.199 (inc. exercitoria teneretur – expl. et an etiam pro)
Fragm. e: f. 236r: 188.8.131.52-184.108.40.206 (inc. iniquum sit ex
eadem – expl. emere ideoque) f. 24?v: 220.127.116.11-18.104.22.168 (inc. si
minoris non sint – expl. a priore emptore) Catchword: exigat
Fragm. c: f. 248r: 18.4.19-18.4.24 (inc. ...cione aliqua
obligatio – expl. an legatario) f. ?v: 22.214.171.124-126.96.36.199 (inc.
non esse praestare emptori – expl. quidem deberi re evicta)
Fragm. b: f. 259(?)v: 188.8.131.52-184.108.40.206 (inc. Idem querit si
sumptus – expl. sine gubernatione in flumen) f. 262r:
220.127.116.11-19.2.29 (inc. vendat curare debet – expl. ut redemptor non
Parchment, four bifolia, leaf size: ca. 42 x 27
cm, and two smaller fragments, ca. 6,5 x 9
Quires: There are bifolia from four different quires:
Fragment d has the lowest folionumber, f. 186. This bifolium was the
first one in its quire of four (a quaternion), starting with f. 186,
ending with f. 193, i.e. the three quires going from 187-192 are
missing. In the centre of the lower margin of f. 193v is a framed
catchword, “liberis”. Next to it is a small roman numeral: lviiii. It
seems that the flesh-side of the parchment originally faced outwards in
the quire. (Note that the bifolium today is folded the opposite way.)
The order of the next fragments are: Fragm. e – c – b. They seem to come
from three different quires, going from f. 236-f. 262. Fragment e was
the first bifolium in its quire, starting with f. 236. The last
folionumber is unfortunately difficult to read. In the centre of the
lower margin of the last folio of fragment c is a framed catchword,
“exigat”. Next to it is a small roman numeral: xlviiii. It seems that
the flesh-side of the parchment originally faced outwards in the quire.
(Note that the bifolium today is folded the opposite way.) The fragments
c and b seem not to have been the first or last bifolia in their quires.
They have no catchwords, and the contents does not indicate that any of
the folia are particularly close together.
Lay-out: Two double, “onion-layered” columns: Complete writing space is
ca 39 x 23,5 cm. The main text of Justinian, in larger script, appears
in two columns of ca 25/26 x 6,5 cm, imbedded in two larger columns of
smaller script. The outer column of the gloss-text is ca 39,5 x 12 cm,
while the column of the gloss-text closer to the spine is only 10 cm
wide. The main text has 48-50 lines, while the glosses have ca 70-90
lines to the page. The ruling for the main text seems to be very thin
lead ruling (the colour is grey, not the ink-colour). The ruling for the
glosses is not visible.
Fragment b is marked XIX on the top of the recto-pages, and L on the
verso-pages, in roman red and blue numerals. The number 262 is written
above the second recto.
Fragment c is marked XIX on the first recto-page, and L on the first
verso. The second recto is marked XVIII, with the later number 248 (?)
written above it. The marking of the second verso is not visible.
Fragment d is marked XIIII on the first recto-page, with the folionumber
193 noted above, while the first verso is marked L. The second recto is
marked XIII with 186 noted above. The marking of the second verso is not
Fragment e: The first recto is marked XVIII. The number above is not
readable. The first verso is marked L. The second verso is marked XVII,
with the number 236 written above it.
The roman numerals on the recto-side refer to the books from Justinian’s
digest, while the arabic numbers above them seem to mark the folia.
There are rubrics marking the different chapters in the books.
Script: A southern Gothic textualis formata.
Initials: Two multicoloured initials in very fine execution, with red,
pink, light and dark blue, white and gold. In one instance the white
plaster can be seen through the gold. The other initials are fleuronnée, mainly blue with red flourishing.
The first initial is a G (in Gaius), marking the transition from book
14, 1 to 14, 2 (fragm. d, fol. 193v). The second initial is a U (in
Ulpianus), marking the transition from book 18, 2 to 18, 3 (fragm. e).
Condition: The leaves are cut to serve as book covers, and are quite
damaged. The outer sides of the bifolia are very faded, and only very
week remnants of script are left, along with some hints of red colour.
Going from one side to another are four rectangular holes, ca. 6,5 x 1,5
cm, marking the spine of the later covered book. There are also holes
from worms or insects. Where the parchment would cover the later spine,
fragment b is marked “Baldus”, probably referring to Baldus de Ubaldis.
The number 45 is crossed over and below is written the number 15.
Fragment c is marked “Paulus de Castro”, the number 21 (crossed over)
and below, 18.
One of two small fragments put together with c is marked “Jacobus Alva
rottus super Feudis”, and the number 44 (crossed over).
Fragment d is marked “Pars Pauli de Castro”, and the number 26. (crossed
over), and below, 15, along the spine of the later binding.
For the names referring to the covered books, see secondary provenance.
The numbers marking the codices are ca 3,5 cm tall.
Fragment b-e: Bologna, Italy, 14th century. Information from David
Four of the fragments have the titles of the books they were used to
bind, on the back, all related to the study of law, like “Baldus”
[de Ubaldus] who was the teacher of “Paulus de Castro” (see for
instance http://faculty.cua.edu/pennington/BALDBIO.html). The
third name is “Jacobus Alvarottus”, whose work is also specified;
“super Feudis”. The numbers marking the spines of the covered books,
are in the handwritten catalogue presumed to be 18th century. Later
the fragments became part of Prof. Hannaas’s collections, which is
presumably Professor Torleiv Hannaas at the Nordic Institute, the
University of Bergen. His lecture in 1918 marks the beginning of the
Nordic institute, see http://www.hf.uib.no/Institutter/Nordisk/nymappe/forsking/Hannaas.htm.
The library bought 10 000 books from his collection in 1932, see
The handwritten catalogue records that the five fragments came to the
University Library from Prof. Hannaas’s collections in 1934.
Tveitane, Mattias et. al.: Bergen University Library Manuscript