Exeter College MS. 41
Johannes de Burgo, Pupilla oculi; Concilia ecclesiastica; England, s. xv1
Physical Description
Collation
Binding
Bound on six bands. Standard Exeter binding: simple and quite elegant, calf over millboards, the calf bearing blind decoration of a floral type, early 19th century; edges sprinkled. On the spine is a red leather label with a gold title. Endbands originally red, blue, and white (or brown?).
History
Provenance and Acquisition
Unknown. Recorded at Exeter c. 1600 as Ecloga, no. 16, then CMA, no. 32.
Exeter library identifications are, on the pastedown, ‘C2–12’, ‘P8–10 Gall’ (both deleted), ‘173–H–6’, bookplate 3, and ‘Coxe. Cat. no. XLI’. On the spine is a round paper label with ‘6’ on it.
Exeter College MS. 41 – Part A (fols. 1–173)
Contents
Language(s): Latin
pr. Paris, 1510, etc.; Bloomfield, no. 2441. Because of the excision of the first leaf our text begins in ch. 2, at sig. aiijva/43–4 of the Paris, 1510 edn. On the author see BRUC (s.n. Burgh); Sharpe, Latin Writers; also L. E. Boyle, ‘The Oculus Sacerdotis and some other works of William de Pagula’ (as MS 19 above), 84–5, 94–5.
Virtually the same as that in the Paris, 1510 edn. sigs. riiiijv–sviiijv. Reference is to parts, chapters, and lettered subdivisions of chapters. Fol. 173 is no more than a fragment c. 90 × 80 mm containing the last nine lines of text and two lines of colophon, the rest, presumably blank, having been excised.
Physical Description
Layout
Two columns, 49 lines. Ruled in crayon.
Hand(s)
Several gothic semiquadrata/rotunda bookhands, punctuated with low and medial points.
Decoration
Lacks the first leaf, presumably one with a decorated border. At the beginning of parts 2–9 (fols. 1v, 8v, 10r, 26v, 79r, 81v, 111r, 134v, 150v, 160v), there survive fine illuminated initials with extenders which develop into bar-frame borders, the main colours being flame or orange, brown, and dark blue.
Throughout there are 2/5-line blue lombards flourished red, red and blue paraphs, rubrics, lemmata underlined in red. Running titles have 1-line red lombards flourished mauve, and blue flourished red.
Exeter College MS. 41 – Part B (fols. 174–221)
Contents
Language(s): Latin
pr. Powicke and Cheney, ii. 106–25. On the text see also C. R. Cheney, ‘Legislation of the medieval English church’, EHR 50 (1935), 193–224, 385–417, at 100–4 (repr. in C. R. Cheney, The English Church and its Laws 12th–14th Centuries (London, 1982)).
pr. Powicke and Cheney, ii. 669–85. On the text see ibid. 660–7, and see also Cheney, EHR 50 (1935) as in (i) above, at 402–6.
pr. Powicke and Cheney, i. 833–51, and Wilkins, Concilia, ii. 33–6. Our text contains certain canons only, in Powicke and Cheney’s order, 4, 6, 11, 2, 3. See C. R. Cheney, ‘The so-called statutes of John Pecham and Robert Winchelsey for the province of Canterbury’, JEH 12 (1961), 13–34 (repr. in Cheney, The English Church, as (i) above).
pr. Powicke and Cheney, ii. 892–918, and Wilkins, Concilia, ii. 51–61.
pr. Powicke and Cheney, ii. 1120–1, and Wilkins, Concilia, ii. 48–9, from Oxford, Balliol College, MS 158 fols. 165v–6v.
pr. Wilkins, Concilia, ii. 278–80. See Cheney, JEH12 (1961), as (iii) above; also Powicke and Cheney, ii. 792–3.
pr. Wilkins, Concilia, i. 530–1, as far as ‘necessitate absente.’
pr. Wilkins, Concilia, ii. 552–4.
pr. Wilkins, Concilia, ii. 513ª/26 ‘Linteamina’ to line 46 ‘minus una’, 513b/24 ‘sacerdos in penitencia’, to 514ª/6 ‘et non aliena’ (MS reads ‘et non alterius’). Wilkins ascribes them to Abp. Walter Reynolds. Also pr. by H. Spelman, Concilia, ii (London, 1664), 497–8, ascribed to Abp. Mepham.
There follow without a break seven chapters of which only the first three are pr. by Wilkins, ii. 512–13, but all are pr. by Spelman, 498–500. They are (a) ‘De conseruacione olei et crismatis’; (b) ‘De sacramento matrimonii et quando debet celebrari’; (c) ‘De sacramento ordinis et examinacione in eo facienda’; (d) ‘Ne res ecclesie impignorentur’; (e) ‘Ne de bonis ecclesiasticis domus in laico feodo edificentur nec ecclesia beneficia laico dentur ad firmam’; (f) ‘Ne inclusi aliqua modo constituantur sine licencia episcopi’; (g) ‘De sentencia generalis excommunicacionis maioris publicanda’.
pr. Wilkins, Concilia, ii. 696–702. These form the second series of Stratford’s canons, as described by Cheney, EHR 50 (1935), as item B(i) above, at 415–17. For the third series see the item next following.
pr. Wilkins, Concilia, ii. 702–9. Our text contains chs. 1–14, lacking 15–17. This forms the third series of Stratford’s canons, as described by Cheney, EHR 50 (1935), as item B(i) above.
pr. Wilkins, Concilia, iii. 213ª–214b/39 from Registrum Courteney fol. 76b collated inter alia with Balliol College MS 158 (not MS 301, which Wilkins cites under its old pressmark R. 14). In the margin above our text a later hand wrote a title which appears in the Balliol manuscript, ‘Hec est constitucio Willelmi Courtenay et confirmacio constitucionis Roberti Wynchysley que sequitur post. Et incipit Presbyteri’; for this see item xx below.
pr. Wilkins, Concilia, i. 477–9, of which our text has chs. 1–7, 9, 12, 16, 18. Also pr. D. Whitelock, M. Brett, and C. N. L. Brooke, Councils and Synods I. A.D. 871–1204, part II 1066–1204 (Oxford, 1981), 983–92, of which our text lacks chs. 8, 10, 11, 14, 15, 16, 18, and has the first half only of 19. On the text of the canons see Cheney, EHR 50 (1935), as in item B(i) above.
pr. SR i. 101; Powicke and Cheney, ii. 974–5 and references. For the date of the writ see E. B. Graves, ‘Circumspecte agatis’, EHR 43 (1928), 1–20; our copy is not listed there.
pr. Wilkins, Concilia, ii. 497.
pr. Wilkins, Concilia, i. 635–40. The last three of Wilkins’s chapters are preceded in our manuscript (fol. 204r), as in others, by the rubric ‘In aliquibus libris iste constituciones sunt posite inter constituciones Oxon. ...’ Cheney, EHR 50 (1935), as in item B(i) above, 400–2, rejects a connection with Abp. Rich.
pr. Powicke and Cheney, ii. 1387, who remark that ‘we may surmise that a decree of this kind probably issued from [Abp.] Walter Reynolds.’ Also pr. Wilkins, Concilia, ii. 280. See C. R. Cheney, JEH 12 (1961), as item B(iii) above, 27, no. 6.
pr. Reg. Sudbury i (Canterbury and York Soc., 34), 193–5, (dated 9 Nov. 1362) and Wilkins, Concilia, iii. 50–1.
This version pr. Wilkins, Concilia, ii. 560–1, from an inferior text derived from Spelman’s Concilia, dated 1332 and attributed to Abp. Simon Mepham.
pr. Powicke and Cheney, ii. 1382–5; also Wilkins, Concilia, ii. 280–1. See Cheney, JEH 12 (1961), as item B(iii) above, 23–5 (repr. in Cheney, The English Church, as B(i) above).
pr. Wilkins, Concilia, iii. 314–19.
On the council and for references see Powicke and Cheney, ii. 237–8 and for the canons 245–59.
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On the council see Powicke and Cheney, ii. 738–43 and for the text of the canons 747–92.
Physical Description
Layout
Two columns, c. 53 lines. Ruled in crayon.
Hand(s)
Mixed anglicana/secretary, punctuated by low point and virgula.
Decoration
2/4-line blue lombards flourished red, red and blue paraphs, rubrics, red running titles with blue paraphs, line-fillers consisting of ornamental groups of dots and a comma. Alexander and Temple, no. 401.
Additional Information
Record Sources
Availability
For enquiries relating to this manuscript please contact Exeter College Library.
Funding of Cataloguing
Conversion of the printed catalogue to TEI funded by the Rector and Fellows of Exeter College.
Abbreviations
View list of abbreviations and editorial conventions.
Last Substantive Revision
2020-04-29: First online publication