PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Stationers Charter (1684) - Read more

Privilege of the Prince-Bishop of Würzburg, Würzburg (1479) - Read more

Rabbinic Reprinting Ban for Eliyahu Bakhur, Rome (1518) - Read more

Petition from and Privilege granted to Antonio Tempesta for a map of Rome (1593) - Read more

Documents concerning the Models and Busts Act, London (1799) - Read more

Oscar Wilde photograph, New York (1882) - Read more

Bleistein: Cartoon, Chicago (1903) - Read more

Johannes of Speyer's Printing Monopoly, Venice (1469) - Read more

Treaty of Peace between the United States and Spain, Madrid (1898) - Read more

French Literary and Artistic Property Act, Paris (1793) - Read more

Browse Documents By...

Date Location Keyword Publisher Author Referred Places Institutions Legislation Case law

Original Language...

Danish Dutch English French German Hebrew Italian Latin Portuguese Spanish Swedish

Documents For...

France Germany Italy Jewish Law Netherlands Portugal Scandinavia Spain United Kingdom United States Vatican

Browse Commentaries By...

Place Institution Legislation Case law

Browse Referred Persons By...

Name Occupation Lifedates

Petition from and Privilege granted to Marcantonio Rossi for publishing choral work by the late Giovanni Guidetti of Bologna, Rome (1602)

Source: Vatican Secret Archives, Sec. Brev. Reg. 324 F. 253

Citation:
Petition from and Privilege granted to Marcantonio Rossi for publishing choral work by the late Giovanni Guidetti of Bologna, Rome (1602), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Back | Record | Images | Commentaries: [1]

Translation only | Transcription only | Show all | Bundled images as pdf

Chapter 1 Page 4 of 7 total

^Superscript = inserted by original or different author between lines

[ ] = inserted by original or different author in margin

{ } = supplied by transcribers

Bold script or Bold Script = written in a different hand(s)

~~Strike through~~ = crossed out, but legible

[XXX] = illegible

Translation of 1582 Privilege

Pope Gregory XIII

To our blessed son, Giovanni Guidetto, eternally honored cleric of Bologna

Announced cleric in the church of the chief of the apostles of Rome

Member of our family^{^[1]}

[1-13] Greetings and saintly benedictions, blessed son. Whereas, as you have brought to our attention, you composed with your own labor, talent, and industry a certain work labeled or entitled Directions for Choirs, and compiled out of many sources into one work the preferred practice and style of this our church of the chief of the apostles of Rome,^{^[2]} in which work are the elements of antiphons^{^[3]}, tones, endings, the most important psalms, of hymns, morning versicles^{^[4]}, absolutions, benedictions for the morning, readings, prophecies, letters, gospels, speeches, “Benedicamus,”^{^[5]} “Ite, Missa est,”^{^[6]} and “Gloria” and the most important pieces of other versicles clearly laid out therein, and annotated in canto fermo,^{^[7]}

[13-18] and [whereas] you desire and intend to have set to print and published, for the public and common utility and convenience of all, the aforementioned work, and [whereas] you also fear lest others should superintend the printing of the same or similar work immediately after you have published it, to your serious detriment and prejudice,

[18-20] and [whereas], on account of this [concern], humble supplication has been made on your behalf, in order that we might consider it worthy to provide timely [protection] for you in the aforementioned circumstances, out of apostolic goodwill,

[20-25] We, judging that no one should be defrauded of the fruits of his recent industriousness and the benefits of his own wakefulness, and therefore [judging] that it is timely to provide for your indemnification, and no less wishing for you, a familiar and one always belonging to our own table,

[25-30] and [we] absolving, and decreeing that you will be absolved, from any types of excommunication, suspension, and prohibition, and other ecclesiastical punishments, censures, and penalties of law – brought by man on any occasion, or cause – if you are somehow implicated in any existing suits, to the effect of the present decrees insofar as applicable with respect to the list of these [penalties]

[30-41] Inclined by the supplications of this sort, out of our clear knowledge, we concede and grant to you, on behalf of you and your heirs and successors, and those having cause from you or from the latter [pro tempore], and whoever will have [cause] forever, that you may and are [hereby] able – and your aforementioned representatives may and are able – freely and with permission, by Apostolic authority, because of the force of the present decrees, even if you lack additional permission, set to type, or cause to be printed or set to type the aforementioned work, the Directions for Choirs, both in Rome and in Bologna, and wherever else in Italy and beyond Italy in any part of the world,

[41- 50] And we impart full permission, and free power, with respect to no less than all persons of Christian faith, especially the printers and sellers of books, operating under whatever name, established both in the aforementioned Rome and its district, and our entire Ecclesiastical state, subject to us and the holy Roman church directly or indirectly, in Italy, or beyond Italy, under [penalty] of greater excommunication,^{^[8]} from which no one may be absolved, save by us, or the Roman pope in office at the time,

[50-55] and [under penalty of] a thousand ducats of gold from the treasury, one part for the apostolic treasury, another for you, and the third part for the accuser, and no less [under penalty of] the seizure of type-writing materials, books, and works, [this penalty being enforced] for you unfailingly, or with respect to the applicants concerning these punishments, as often as the crime is committed, even without encountering any declaration of judgment, as often as there exists authority of the ones opposed, and by the power of this strict premise,

[55-67] and we forbid and declare illegal that, [anyone subject to the penalty] should dare or attempt to print and set to type or have printed or set to type the aformenetioned work in whole or in part – or, if it has been printed or published, to sell or hold and have for sale, or give to anyone, even as a mutual gift, debt, or under some other legal form, or take up an abridged copy for himself or for others – for ten years, counting from the first printing of a work of this kind, even at the request of any other person of any dignity, status, rank, order, nobility, preeminence, and condition, of any color at all, or genius

[67- 70] unless, for this purpose, your agent is obligated to appear, or those possessing cause from you at the time, or one of those holding cause, expressly appointed, will have come forward, through which agent, by your document, or a document of that man or those men, signed by hand

[70- 72] [with us hereby] decreeing from this moment void and without effect whatever separately above these orders, by whomever under whatever authority, knowingly or unknowingly may attempt to interfere.

[72-80] And no less we command each and every venerable brother, patriarch, bishop, archbishop, and dear son of those vicars and officials and others established in ecclesiastical dignity, and those engaged with this list of dignitaries, whatever their rank regardless of whatever that level of dignity is, that however often they are sought out on your behalf, or if one or the other of them is sought out for your sake with respect to these commands, that such men having been sought out will assist in providing an effective defense and will command and cause the same defenses to be overseen,

[80-99] [and commanding that], against the violators and rebels with respect to what has been said, and against other statements favorable to such violators, they will bring forth censures and punishments, even if such censures must be made more severe multiple times, by appointing remote agents, invoked even of the name of our city, with the stamp or imprint of the Roman people announced, or under the strength of another authority, and in accordance with typical privileges or indulgences and apostolic letters, even the higher ones and the ones of those men, and persons, and printers and booksellers, and the aforementioned Roman people, and whoever else in kind or appearance under whatever authority and form, and with whomever, even the delegates of delegates, and other clauses, more effectual or obsolete, and provokers, and others set aside in the form of a contract or even legal decree even by motu proprio, and ex certa scientia, and from the fullness of apostolic power, and even in the authority of the emperor or our office and whatever Roman pope is our predecessor, all the way to the apostolic seat and camera, and those delegated to such seat, even from the side, and any others, or multiples of them, and through multiple attempts and confirmations, approvals and renewed legal strategies;

[99- ] by means of all these powers, even if on behalf of a sufficient delegation of them, this mention or any other expression will be in effect, possessing other special powers from these authorities issued from the full power of their offices, either a specific, individual, or express, but not through general clauses relevant to this matter, or a specific form having been sought out to accomplish this goal,

[104- ] with respect to those of these men who may go beyond these commands with their authority with respect to his issue, we specially and expressly take away and decree that the power has been taken away and will be taken away and decreed to have been taken away sufficiently, as well as from any others who stand contrary to this edict.

[107-115] We also wish, and similarly decree, also under apostolic authority, that to the copies of our present letter or transcriptions of it, even printed ones, having been signed by the hand of some public notary, and protected by the seal of some person established in ecclesiastical dignity, whether [these copied are] simply printed in the aforementioned work, full and identical faith attach as the attaches to the original letter, as much in law and beyond, if such copies are displayed or shown.

[115-117] Granted in Rome at Saint Mark under seal of the fisherman, on the 13th day of November, 1581, in the tenth year of our papacy. Cae. Glorierius.

^{^[1]} Other privileges addressed to a “familiar”: SBR 350 F 26; SB 61 F 348 (referencing familiars of Cardinal Ferdinand);

^{^[2]} Saint Peter’s Basilica in Vatican City, often referred to as the Basilica Pricipis Apostolorum (“Church of the Leader of the Apostles”) since Saint Peter was the prince of the apostles. See “St. Peter, Prince of the Apostles,” Catholic Encyclopedia.

^{^[3]} Antiphons are chant melodies and texts that are sung before and after Psalms in Roman Catholic music. Antiphons are characterized by alternating choirs in a call and response manner. Antiphons, Brittanica.com.

^{^[4]} Versicles are short verses, most commonly from the Psalms, which are sung by the officiant followed by a response from the congregation.Versicle, Dictionary.com

^{^[5]} The Benedicamus Domino is a versicle that occurs at the end of nearly all medieval Offices. In Masses that do not have a Gloria, the Benedicamus replaces the Ite Missa. Benedicamus Domino, Oxford Reference.

^{^[6]} “This is the versicle chanted in the Roman Rite by the deacon at the end of Mass, after the Post-Communions. It is our formula of the old dismissal (apolysis) still contained in all liturgies. It is undoubtedly one of the most ancient Roman formulæ, as may be seen from its archaic and difficult form.” Catholic Encyclopedia, “Ite Missa Est” (https://www.newadvent.org/cathen/08253a.htm ).

^{^[7]} “Cantus firmus” (Latin: “fixed song”) “preexistent melody, such as a plainchant excerpt, underlying a polyphonic musical composition (one consisting of several independent voices or parts).” https://www.britannica.com/art/cantus-firmus .

^{^[8]} Major excommunication, or excommunicatio maior, is the only form of excommunication currently in force, and includes exclusion from various aspects of Catholic Sacraments and parochial life. Boudinhon, Auguste. "Excommunication." The Catholic Encyclopedia. Vol. 5.". New York: Robert Appleton Company, 1909. Excommunications lata sententia occur automatically upon violation of a law or precept.