Corpus Iuris Civilis, Fragment

Type: Fragment

Date: 13th century

Setting: University

Produced By/For: [unknown] France

Contents: Corpus Iuris Civilis

Shelf Mark: Fragm.Lat.2

Location: Shelf 02/B/20 (Acc. 2006-023)

Description by Erik Kwakkel, July 2006

Codicology

Two sheets of parchment from the same manuscript (parts of different bifolia), used as pastedowns in a bookbinding (traces of glue visible, as well as stains from the folded­ over leather of the binding)

• hair implant visible on fragment 1, verso
• dimensions: 298x208 (166x110) mm; the pages have been modestly trimmed
• 2 columns, 48 lines
• glosses in all four margins, in the shape of 'brackets' (textus inclusus type)
• traces of ruling (plummet?); no pricking visible
• faint traces of running titles, consisting of 'Liber' and a roman numeral ('XXIII' faintly visible on fragment 1).

Paleography

Main text copied in a small bookhand (littera textualis, 1250-1300), most likely in France; additions and corrections from the same hand, both in the margins and interlinear

• many abbreviations
• the glosses are by a different hand (littera textualis, 1250-1300)
• additions and corrections by several other hands, both in the margin and interlinear, one of which is contemporary to the main hand (fragment 2, near bottom of col. B, 'profecto...')
• pointing hands, from contemporary user, on verso of fragment 1 (below column A) and on recto of fragment 2 (between the columns)
• writing below topline.

Decoration

Blue initials (mostly faded away) with penwork flourishing in the French style of the thirteenth century, both in the main text and the glosses, which points out this manuscript was probably the joint project of two scribes and an illuminator.

Textual Remarks

The two fragments belonged to a codex with the Digesta from the Corpus Iuris Civilis.

Fragment 1 is from Book 23 and starts at Dig.23.3.43, part 2 (incipit: 'Plane secutis nuptiis mulier soluto matrimonio dotis exactionem habebit') and runs to the end of Dig.23.3.57 (explicit: 'praesumptionem ad filii debitum spectare verisimile est, nisi evidentissiine contrarium adprobetur '). Dig.23.3 covers the topic of dowries (the rubric of this section usually reads: 'De iure dotium').

Fragment 2 is from book 24 and starts at Dig.24.1.25 (incipit: 'Sed et si constante matrimonio res aliena uxori a marito donata fuerit') and runs into Dig.24.1.32.13 (explicit: 'personas subsecutum, puto donationes non valere, quasi duraverint'). Dig.24.1 covers the topic of the exchange of goods between man and wife (the rubric of this section usually reads: 'de donationibus inter irum et uxorem').

Provenance

Purchased through Erik Kwakkel in July 2006 from the collection of Herman Mulder (Hombeek, Belgium), who bought it from Antiquariaat De Oude Borze, Antwerp, on December 12, 2003. The notation 'Lova: antho: 1579' on fragment 2 (upper margin) may indicate that the book in which these fragments were pasted was in the sixteenth century owned by one Anton of Leuven.

Images

Facsimile images available through UVic Libraries Digital Collections.

Click on thumbnail for full size image.

Fragment 1, recto

Fragment 1, verso

Fragment 2, recto

Fragment 2, verso