Medieval Notary Manuscripts & Law Books

UNPUBLISHED COMMENTARY ON JUSTINIAN’S CODE CONCERNING CIVIL LAW
FOLLOWED BY A BRIEF HISTORY OF CIVIL LAW

[LAW MANUSCRIPT]. C[ode]x Iure Civili Libri II. [TOGETHER WITH:] Iuris Civilis Historia. [Italy: before 1760-1768].

4to (240x180 mm), 18th century vellum on paperboards binding (a bit worn), with many handwritten notes to covers, the title written in brown ink to front board, visible joints at spine, pp. from 3 to 240 [actually, 241], [6], [2, blank], [1, title], 24, [1, index], [1, blank]. Text in Latin, handwritten in brown ink.

The Institutiones had been requested by the emperor Justinian I to the renowned jurists Trebonianus, Teophilus and Doroteus in order to resume the Roman Civil Law for the students of the empire. They worked as a fundamental reference for the ancient law from that moment on, becoming the skeleton on which all following jurists would base their commentaries.

The present manuscript is one of those commentaries, written by an 18th century jurist and never published. The text follows step by step the structure of chapters and titles of the Institutiones, giving for every excerpt a clear and in-depht account.

Provenance:
I. Many contemporary handwritten inscriptions on the vellum binding. At front cover, mention to different religious authorities such as Mons. Tomaso Ant.nio Scotti and Mons. Card. Moriggia di S.ta Maria Maggiore; the names are followed by the place, Pavia. On the very same cover, the title of the volume was written in brown ink. On the back board, a different hand traces in brown ink: Carolus Antonius Nervianus Persius Papiensis, Venerandi Seminarij Alumnus sub disciplina D. B.ris [?] Francisci Bernerij eiusdem Rectori dignissimi Anno Domini 1701 4 nonas Mensis Martij. Just after, the signature by a different hand Aloysius Persi Pomus Papiensis.
II. At front paste-down, inscription in brown ink concerning the sale of the manuscript, quoting the place and year of the transaction: Dato a Lacello gli 11 Luglio 1768.
III. Just before the index if the first work, handwritten note Atti seguiti a favor della Com.ta di Cavaglio per l’anno 1760 de’ quali è dovuto l’emolumento. 14 7mbre Bando con imbig.ne di far la vindemia prima del tempo ordinato. The present and the former indications, act as a temporal mark for the datation of the manuscript, whose text was copied for sure before both notes.

ROMAN NOTARY MANUSCRIPT. Ponzano (Rome), February 1705.

Single leaf of parchment (31x24,5 cm). Marginal extensions. Some different signatures at the end of the text.

A Roman notary manuscript, compiled by Pietrangelo Romanelli, Vicar General and Commissioner of the Apostolic Camera. In this document, he probably provides some economic privilege to an unidentified Abbot (see following lot).

The Apostolic Camera (Latin: Reverenda Camera Apostolica), formerly known as the Papal Treasury, is an office in the Roman Curia. It was the central board of finance in the Papal administrative system and at one time was of great importance in the government of the States of the Church, and in the administration of justice, led by the Camerlengo of the Holy Roman Church.

Lot 183 – Click here for High Resolution Pictures

ROMAN NOTARY MANUSCRIPT. Ponzano (Rome), April 1705.

Single leaf of parchment (38x28,5 cm). Marginal extensions. Some different signatures at the end of the text.

A Roman notary manuscript, compiled by Pietrangelo Romanelli, Vicar General and Commissioner of the Apostolic Camera. In this document, he probably provides some additional economic privileges to an unidentified Abbot (see previous lot).

The Apostolic Camera (Latin: Reverenda Camera Apostolica), formerly known as the Papal Treasury, is an office in the Roman Curia. It was the central board of finance in the Papal administrative system and at one time was of great importance in the government of the States of the Church, and in the administration of justice, led by the Camerlengo of the Holy Roman Church.

Lot 184 – Click here for High Resolution Pictures

Continua la scheda

AN IMPORTANT COLLECTION OF DECISIONS

Original[ia] Decisio[nes] R. P. D. Cerrj Ann[i] 1719. 1720. 1721.

[together with:]

Originalia Decisio[nes] R. P. D. Cerrj Ann[i] 1722. 1723. 1724.

[together with:]

Originalia Decisio[nes] R. P. D. Cerrj Ann[i] 1725. 1726.

3 thick volumes in small folio, contemporary limp vellum with handwritten titles at spine, traces of original ties.

A conspicuous collection of "original" Decisions, (as to say the original manuscripts), regarding the period 1719-26, written by Carlo Cerri.

The structure of the volumes is formed by hundreds of separate Decisions of Sacred Roman Rota, that were subsequently collected.

A long, detailed report on this lot is sent on request

APPARENTLY UNPUBLISHED LAW MANUSCRIPT

Caputi, Andrea. Dissertatio Academica Forensis De integrum Restitutionibus at titulum Pandectarum I. et Codicis XXII. [at colophon:] die 22 mensis Maji 1737. Sub disciplina V.I.D.D.A. Andreae Caputi publici privatique Lectoris.

Large 8vo, later colored wrappers, ff. [102, the last is blank].

Uncommon, apparently unpublished, academic dissertation on the chapter Restitutio ad integrum of Justinian's Pandects.

Restitutio ad integrum is a Latin term which means «restoration to original condition». It is one of the primary guiding principles behind the awarding of damages in common law negligence claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position he or she would have been had the tortious action not been committed. Thus the plaintiff should clearly be awarded damages for direct expenses such as medical bills and property repairs and the loss of future earnings attributable to the injury (which often involves difficult speculation about the future career and promotion prospects).

Although monetary compensation cannot be directly equated with physical deprivation it is generally accepted that compensation should also be awarded for loss of amenities, reflecting the decrease in expected standard of living due to any injury suffered and pain and suffering. Damages awards in these categories are justified by the restitutio principle as monetary compensation provides the most practicable way of redressing the deprivation caused by physical injury.

APPARENTLY UNPUBLISHED MANUSCRIPT OF CIVIL PROCEDURE REGARDING «THE WAY TO ARGUE» IN TRIBUNAL

Anonymous. Direttorio de Modo di Litigare [...]. Italy, about 1740-60.

4to, contemporary stiff vellum with label and gilt title at spine, pp. 196, [20, the last is blank]. Text in Italian, Cursive writing.

Unpublished manuscript of this handbook of Civil procedure regarding the way to solve the litigations.

When a person begins a civil lawsuit, the person enters into a process called litigation. Under the various rules of Civil Procedure that govern actions in state and federal courts, litigation involves a series of steps that may lead to a court trial and ultimately a resolution of the matter.

References: There is no trace of printed work with this title in public libraries.

UNCOMMON UNPUBLISHED CURRENCY CONVERTER

Anonymous. Trattato de' Conti [...]. Italy, about 1750-1790.

Small 4to, later colored wrappers, pp. 110, [numbered 295-405: but complete]. Text in Italian, Cursive writing.

Uncommon small treatise of currency exchange, apparently unpublished, in which the author explains the different conversions of the Italian coins of the time.

The manuscript is preceded by another, smaller manuscript containing a unit converter

References: There is no trace of printed work with this title in public libraries.

A GERMAN DEGREE IN LAW OF LUDWIG-MAXIMILIANS-UNIVERSITY OF INGOLSTADT

Ludwig-Maximilians-University of Ingolstadt. In nomine Sacrosantae et Individuae [T]rinitatis [...] Nos Petrus de Ickstatt Jurium Doctor, Serenissim ac Potentissimi Electoris, utriusque Bavariae Ducis [...]. Ingolstadt, 9 August, 1790.

4to, contemporary colored wrappers in orange and liquid gold, pp. [12], [2].
Illuminated title-page, illuminated borders at each page. Text in Latin.

The law degree in utroque jure (both Civil and Canon Law) of Johann Sebastian Hauser, released by Peter von Ickstatt (1743 - 1771), renowned jurist of the time and Dean of the Ludwig-Maximilians-University of Ingolstadt.

The degree is signed by the notary Ferdinandus Maria Mendl and has the embossed seal of the Ludwig-Maximilians-University in the final page.

Johann Sebastian Hauser is recorded in the book address of the town of Nürnberg (close to Ingolstadt) of the year 1794.

Ingolstadt is a city in the Free State of Bavaria, in the Federal Republic of Germany. It is located along the banks of the River Danube, in the centre of Bavaria.
In 1472 Louis IX, Duke of Bavaria founded the University of Ingolstadt which became the Ludwig-Maximilians-University. In 1800 it was moved to Landshut and eventually to Munich. The University of Ingolstadt was an important defender of the Roman Catholic Church during the Reformation era, led by such notable scholars as Johann Eck. In 1748, Adam Weishaupt, the founder of the Order of Illuminati, was born in Ingolstadt.

References: Reichs-Stadt Nürnbergisches Adresse-Buch: für das Jahr 1794 in 95. Nürnberg, 1794 p. 100.

SIGNED AND UNPUBLISHED MANUSCRIPT ON JUSTINIAN INSTITUTIONS

Moscatelli, Luigi (Aloysius Moscatelli). Elementa juris secundum ordinem Institutionum Justiniani. w.t., w.d.: but, about 1820.

Manuscript in two volumes (cm 20 x 13), half-light brown leather with corners and decorated paper at boards (traces of use at the boards, worn corners), gilted decoration and false bands at flat spine, gilted title on a brown leather label at spine; red colour sprinkled edges; pp. not numbered, but (372); (376), (2 b.).
Half-title: Iuris civilis elementa.

Signed manuscript on Justinian institutions. It is a study copy, written on early 1800, presumably a synthesis from the same titled work written by Johannes Voet or from another one, always with the same title, written by Johann Gottlieb Heinecke.

The work, preceded by the title (Elementa juris secundum ordinem Institutionum Justinianearum) and the preface, is divided in four books, each one subdivided in titles; in the end, the Author concludes his efforts writing: finis coronat opus, ad maiorem Dei gloriam, Aloysius Moscatelli.

Provenance: Signature Aloysius Moscatelli at verso of the last leaf. Luigi Moscatelli (Rome, 1777 - ?), was a studious of canon law, named subdeacon on 1807 and then Papal chaplain.

References: No work of this author in ICCU, nor in OCLC.

LAST EDITION OF THIS ALDINE BOOK ABOUT ROMAN LAWS

Manuzio, Paolo. Antiquitatum Romanarum Pauli. Manutii liber. de. legibus index rerum memorabilium. Editio postrema. Venetijs [Venezia]: Aldus. Manutius. Paulli. f.A.n., 1569 (Venetiis : Aldus. Manutius. Paulli. f.A.n., 1569).

8vo, 140x96 mm, original soft vellum binding, hanwritten title at spine; pp. 303, [73]. Editorial woodcut device at title-page (Aldus anchor).
Reprint of the 1559 edition. Preface dated 1557.
Text and index in Italic type, preface in Roman. The text is followed by the "Index rervm. memorabilivm." (36 leaves).

Provenance: Handwritten ownership inscription at last free-leaf of Giuseppe Massari (“Ego Joseph Massari possessori huius libri”).

References: IT\ICCU\BVEE\014656. OCLC, 82646366.

THE "GOLDEN MIRROR": A STANDARD RENAISSANCE HANDBOOK OF CIVIL LAW PROCEDURE
ONLY A COPY IN USA

Maranta, Roberto. Speculum aureum, & lumen aduocatorum praxis ciuilis, nouissime recognitum, ac miro ordine, opulentissimisque additionibus, in suis locis congruentibus locupletatum, per magnificum v.i.d. do. Petrum Follerium a s. Seuerino, originariaeque Parthenopaeum, non sine magna ac ingenti vtilitate legentium. Additis etiam per eundem vltra distinctiones vigesimas duabus alijs nouis distinctionibus. Accesserunt, et insuper decem disputationes quaestionum legalium eodem Do. Roberto Maranta auctore, summarijs quoque, & indice illustrate. Quae omnia recenti [...] nostra editione diligentissime [...] elaborata Auctore Ioanne Baptista Zilleto. Venetiis, apud Ioannem Mariam Bonellum, 1568.

4to (205x152 mm), contemporary limp vellum, pp. [112], 550, [2].

Fine Venetian edition of a standard Renaissance handbook of civil law procedure.

References: Adams M 513; not in BMSTC. CNCE 26242. OCLC 82936393 locates only a copy in US public libraries (Harvard Law Library).

EXCESSIVELY RARE FIRST EDITION OF MASCARDI'S CONCLUSIONS ON CANON AND CIVIL LAW, ALSO
INCLUDING CRIMINAL AND FEUDAL LAW

Mascardi, Giuseppe. Iosephi Mascardi ... Volumen primum (secundum et tertium). Conclusiones probationum omnium, quae in vtroque foro quotidie versantur, iudicibus, aduocatis, causidicis ... vtiles, praticabiles, ac necessariae. Quibus canonicae, ciuiles, feudales, criminales, caeteraeque, materiae continentur. Per ampliationes (ut dicitur) limitationes, intelligentiasque alphabetico ordine abunde digestae. Numquam hactenus in lucem aeditae. Summarijs, ac indice rerum, sententiarumque magis selectarum locupletissimo ornataeVenetiis: Apud Damianum Zenarum, 1584-1587.

Three volumes in-folio, contemporary stiff vellum binding, handwritten title at four raised bands spine. Red and black title-page, text on two columns, xylographic headletters.

Scarce first edition of Mascardi’s Conclusiones on Canon, Civil, Criminal and Feudal Law, also containing the first edition of Ricci-Nigro’s Additiones after the Index of the third volume, and with its own title-page. Giuseppe Mascardi, apostolic prothonotary and Bishop in Ajaccio is mainly famous for this work, also appreciated by Leibniz.

Giovanni Luigi Ricci, latinized Iohannes Aloysius Riccius (1570-1643) was member of the noble Naples family Riccio, or Rizzo. He became canon in the Naples Cathedral and Bishop in Vico Equense.

Provenance: Paper ex-libris at title-pages.

References: OCLC 28793638 (Harvard Law School Library and University of Chicago Library).