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4 translated pages

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ACT XXII.

Fernando VI of Spain. Ruling from the Council of 27
July 1752 in which the writ is passed by the
Publication Judge on 22 November
1752.
      
Rules that printers and booksellers
must observe for printing and selling books
pursuant to the laws of the
Kingdom
      
            1.No printer can print a book,
memorial or any other loose paper
of any quality or size, even though
it contains only a few lines, with the exception
of the notes of invitations and other simi-
lar ones, without any evidence and holding a licence
from the Council to do so (12 and 13), or
from the exclusive Judge

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and General Publication Superintendent. The fine amounts to two thousand ducats and six years of exile.             2. However, from the above-mentioned licence, no printing or reprinting is allowed without having delivered the original to the Council that will read and examine it, and without their Notary of the Chamber and Government having signed every page and sheet of the work. At the end of it, the said Notary shall issue the number and amount of sheets. He must sign it in his name, and sign and initial the amendments made to the above-mentioned original, saving them at the end; the printer must adhere to the original corrected in this way, without inclu- ding anything else: Once printed, whoever printed it is committed to bring the original that was handed in to the Council plus one or two printed volumes so they can be read and verified to see they comply with the original: And the same shall apply to the books, which are printed once or more times using the said licences for re-printing them; this cannot be done without a new licence, (even during the term of the privilege, if applicable) and without the book from which it shall be done having been read, signed and initialled in the manner and form applicable to works and new books; anyone printing them, or ordering them to be printed, or who sells the book or the paper for printing or re-printing them in any other way, shall be punished by forfeiting his property and with perpetual exile from of these kingdoms.             3. Any printing or reprinting carried out under licence from the Council, or that bears a privilege to do so, cannot be distributed or sold or even be delivered to the printer until the Council has assessed them and the General Corrector has corrected them; solely for this purpose one or two copies together with the original must be made available for the said corrections and price assessment; and until these formalities are finalized and the licence for selling has been issued,

the printer shall retain the complete work, or otherwise be punished by law.             4. The beginning of every book printed or re-printed in this way must show the licence, price assessment and privilege (if applicable) and the name of the author and printer, the place where it was printed and reprinted, with the date and real time it took to be printed, without changing or anticipating it, nor giving any false names, or commit any other fraud, or use any marks or precautionary clauses against what is stated in this chapter, under sentence of losing their property and perpetual exile from these kingdoms,and others applicable by law: and the bookseller, book merchant or binder who distributes, sells or binds the book or printed paper in any other form, shall incur in a sentence of fifty thousand maravedís on the first occasion, and exile from these kingdoms for two years, and on the second occasion, this sentence shall be doubled and on the third occasion, he shall lose all his property which will be confiscated and his exile shall be forever.             5. It shall be understood that, if the books or papers printed or re-printed without the said licence concern matters of the doctrine of the Holy Scripture, and related to the Religion of the holy Catholic Faith, the death sentence and loss of all property is applicable. Any such books and works would be burned publicly; and whoever printed and reprinted, sold or kept the book or printed work or who brought them into these kingdoms would incur in the same sentence, or for printing those that are forbidden and prohibited by the Holy Office of the Inquisition in any language, and in any quality and matter that such a book or work be in. It is hereby declared that the aforementioned senten- ce shall only apply to printers, booksellers or book dealers with depraved intention and as the drivers and assistants of heretics, who print, bring into or sell these books or papers in these kingdoms.

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Moreover, as this malice is unjustified, the sentence applicable shall be for six years im- prisonment and a fine of two hundred ducats for any such offender.             6. However, as it was possible to print before any legal information, manifests and legal defences, if signed by the Lawyers with- out a licence from the Council; hereinafter, pursuant to the last Royal Decree of 12 December 1749, no printer can print these legal papers, manifests or legal defences, or any similar ones, without having sub- mitted the original beforehand to the Council or Court before which the business is pending. Once they have examined it, the necessary licence will then be granted for printing. After this, certificates will be delivered to the printer. There will be a fine for printing the above-mentioned papers of two hundred ducats and perpetual deprivation of being a printer, however small they might be, without having deli- vered the certificate beforehand together with the licence as stated above: And the author and whoever requests the printing and puts the papers together shall also incur in the same fine. The privileged evidence shall be sufficient justification.             7. Printers who do not hold secret presses, or who impede the Corrector to enter their houses to inspect and register them; except if they show a superior order to prevent the Corrector from entering to undertake his inspection and register.             8. Regarding the price assessment, which must be put at the beginning of the books, not only to state, as enforced hitherto, the price of every sheet, but the amount and price at which the book should be sold, as per the certificate of the Notary of the Chamber; this price assessment is the rate at which the book must be sold.             9. No Papal bulls, thanks, pardons, indulgences, or jubilees can be printed with- out preceding the form given in Law 5.             10. As reprinting primers for teaching children, synodal constitutions , arts of

Grammar, vocabularies, and other Latin studies, are not new works but have already been printed in these kingdoms, although they can be re-printed without sub- mitting them to the Council or preceded by a licence, they cannot be re-printed without a licence from the Ordinaries or Prelates in their districts and diocese; and licences granted in this way, must be placed at the beginning of every book under sentence of losing all property and perpetual exile from the kingdom for whoever made, printed or sold it otherwise.             11. The same applies to printers with licences issued by the General Inquisitor and those from the Council of the Holy and General Inquisition as these pertain to matters concerning the Holy Office and those awarded by the Commissioner General of the Holy Crusade regarding Papal bulls and other things pertaining to that Council. These must appear at the beginning of the book.             12. Any books, gazettes and whatever others are printed on thin paper, similar to that of the Capelladas factories; and in no way on ordinary paper, which is commonly called printing paper, under sentence of losing the works and 50 ducats as a first-time fine, and other more serious ones for repetitions.             13. Moreover, no bookseller or book dealer or anyone else can sell or introduce into these kingdoms any books or works in Romance compiled by nationals from these kingdoms, any printers beyond them, without a special royal licence, under threat of death and loss of their property. In addition, this death sentence imposed by law can be exchanged for four years imprisonment and can be increased as per the contumacy.             14. These dealers and booksellers, whether nationals of these kingdoms or foreigners, cannot sell the printed books they bring or introduce into them, unless they are first assessed by the Council; one of such books

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must be sent to the Council, otherwise the fine will amount to one hundred maravedís and they will lose the books they introduced and sold without receiving the established price: and it shall be understood from this regulation that, even though the price of the book is excessive or abusive but the Council deem it to be acceptable, the Publication Judge shall oversee the matter, advising the Council so that Your Majesty is notified.             15. Neither can they sell the first printing of books written by foreigners nor the second printing by nationals outside the kingdom, without complying with the formalities foreseen by law for this. The same sentence is applicable.             16. No printer, bookseller or book dealer, whether a national or foreigner of these kingdoms, can impede, complicate or delay the Publication Superintendent or his Sub- delegates from visiting their houses upon the pretext of a privilege of jurisdiction, as they did not understand or believe this was applicable to their trade, unless they can pro- vide a superior order to prevent such visits.             17. The booksellers of this Court and book dealers cannot purchase together for re-selling any bookshop whatsoever from any faculty due to the death of whoever owned it until fifty days have elapsed since their death, under sentence of a fine of two hundred ducats.             18. No missals, diurnals, pontificals, manuals, breviaries whether in Latin or in Romance, nor any other choir book printed beyond these kingdoms can be re-printed, brought in or sold in these kingdoms, although they are in Navarre, without first bringing them to the Council where who- ever the Council appoints shall examine them. A licence signed by the Royal Council in Your Majesty’s name will be given so there is no infringement of what His Holiness has ordered. If the printers, booksellers or anyone else contravenes this, they shall incur in

a sentence for the loss of their property and perpetual exile from the kingdom. Wherever there are no Publication Subdelegates, the Provincial Courts shall confiscate these books and shall not give permission to sell or use them and they shall take action against those who did otherwise, under threat of perpetual privation of their trade and fifty maravedís for every offence; and the above-mentioned Provincial Courts shall send a list of the aforementioned sentences to the Council or to the Publication Superintendent within twenty days after they found any such books.             19. All chapters referred to shall apply not only by the kingdoms of the Crown of Castile, but also by those of the Crown of Aragon, with the exception that the correction of the books must be carried out by people appointed by the respective Hearings for this purpose. Their certified list of the sheets and expression of the misprints must be passed to the General Corrector of this Court for the stamped paper. His certificate must state the price assessment from the Government Notary of the aforementioned kingdoms. It shall be understood that this regulation complies with the agreed writ applicable.

Translation by: Kay Leach