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
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Sec. Brev. Reg. 324 F 253
Petition
Marc’Antonio Rossi of Rome, the most devoted petitioner of Your Holiness, having with his greatest effort and diligence revised and corrected the Directions for Choirs previously made by the late Giovanni Guidetti of Bologna, [who was] a cleric beneficiary of San Pietro, and having reduced it entirely in conformity with the new Roman Breviary of Your Holiness and in addition having added to it many necessary things that were missing in the prior version. Now wishing to print it in proper form for the benefit of the public, and having incurred much expense, having to that purpose had all the notes newly engraved, he fears that it will be reprinted by others which would be to his great harm. He therefore begs most humbly that Your Holiness deign to extend to him the grace, to provide for this, of granting the Privilege so that for the next ten years no one may reprint it in whatever form or size, which [privilege] he [Marc’Antonio] will receive through the most signal grace of Your Holiness
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Handwritten Privilege Translation
Pope Clement VIII
[1-7]: For the future memory of the matter. Whereas, as we have learned, our dear son Marc’Antonio Rossi of Rome, with great labor and industry on his part, has adapted and corrected the Directions for Choirs composed by the late Giovanni Guidetti of Bologna, has brought it together with [iuxta] a new Roman Breviary, with a necessary addition of many things [lit: with an addition, necessary and of many things], and intends to publish [it],
[7-10] and [whereas] he fears lest, after it has come out, others, who seek profit from the work of another, should dare to have a Directory of this kind printed, to the prejudice of Marc Antony himself,
[10-14] we, wishing to provide for an indemnity of the aforementioned Marc Antony, lest he should suffer excessive expense from the printing of this sort [of work], and wishing that the same [Marc Antony] proceed with special favors and blessings, and decreeing [that he be free] from any excommunications,
[14-26] inclined by the supplications humbly brought before us in his name concerning this [privilege], grant and concede to the same Marc Antony, that, for the next decade, counting continuously from the first printing of the aforementioned Directory – provided that it has been approved by the master of the Sacred Palace – no one – either in Rome or in our entire ecclesiastical state, immediately or mediately subjected to our authority – shall be able to print, or – [if it has been] printed by another, or others, lacking permission of this sort – sell or have or hold out for sale the aforementioned Directory without special permission of the aforementioned Marc Antony – either of his heirs and successors or from him [directly] and of men holding rights from him.
[26-34] Therefore, under penalty of five hundred ducats of gold from the treasury, and the loss of all their books and presses, [the fine] to be applied unremittingly in three parts, one [part] for our apostolic treasury, and another [part] for the same Marc Antony, or his heirs and successors, or those holding the right of action from him, and the remaining [part] to the accusor himself and the executing judge – and with the penalties having to be incurred by [the violator] himself –
[34-40] we prohibit the aforementioned parties from in any way daring or presuming during the aforementioned next decade to print any part the Directory of the aforementioned men, in small or large folio, in Rome or in the rest of the ecclesiastical state, even under pretext of deletions or additions, without the permission to this effect, [and we prohibit anyone from daring or presuming during that time period] to sell, have for sale, or advertise such a work having been printed by others.
[40-49]: Commanding that our dear sons, and the legates of the Lateran apostolic seat, or their Vice-legates, or the Presidents, Governors, Praetors, and other Ministers of Justice of the Provinces, States, Lands, and places of our said ecclesiastic state, unfailingly carry out the aforementioned penalties against any violators, whenever they are assisting the same Marc Antony, and his heirs and successors, or those having cause from them, in raising an effective defense in other rulings of this sort, whenever they may be sought out by the same Marc Antony or other aforementioned parties.
[49-54]: Notwithstanding decrees and apostolic ordinances and any statutes and customs and privileges and indulgences strengthened by oath, by apostolic confirmation, or by whatever other reinforcement, and apostolic letters, however conceded, confirmed, and approved to the contrary of these decrees, and any other contrary authorities.
[54-59]: We desire, moreover, that precisely the same faith attach to the copies of these privileges, having been printed in the aforementioned Directory, undersigned by the hand of some public notary, and fortified by the seal of a person established in ecclesiastical dignity, as would be shown to the present [privileges] if they were being presented or shown.
[59-61]: Granted in Rome at St. Mark’s on the 2nd day of August 1602 in the 11th year.
If it please the holiest father, it may be expedited. Cardinal Pietro Aldobrandini
M. Vestrius Barbianus.
[255v]
To the Holiness of our Lord
For
Marc’Antonio Rossi
So that he may
the directions
of the Choir
in conformance
with the Roman breviary
[xxx]
His Holiness was content
For the usual ten years
Xxx in the Papal
States
[256v]
For Marco Antonio Rossi of Rome
A privilege so that others not print
For a period of ten years the Directions [Directions for Choirs] for Choirs
composed by the late
Giovanni Guidetto of Bologna
His Holiness was content
So long as it first
Has been approved
by the Master of the Sacred Palace [Papal censors]
Chapter 1 Page 4
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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.
Chapter 1 Page 5
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
1591 Edition of Guidetti’s Directorium Chori
Summary of 1581 Gregory XIII Privilege
There exists [be aware of] the Privilege of Our Most Holy late Lord
Pope Gregory XIII. that no one for ten years
Dare to print or having been printed sell the book
under penalty of self-executing major excommunication, and One
Thousand Ducats, as appears in the Privilege,
Dated the 13th day of November 1581
Translation by: