PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Censorship Rules, Madrid (1558)

Source: Biblioteca Nacional de España; BNE. pages 123-125 from Novísima recopilación de las Leyes de España. (Madrid : [s.n.], 1805-1807) -Signature 1/6722.

Citation:
Censorship Rules, Madrid (1558), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf

3 translated pages

Chapter 1 Page 1


      
                  LAW III.
      
      Don Felipe, and, on his behalf, Princess Doña Juana,
            Valladolid, pragmatica on 7 September 1558
      
      New order to be observed
      for printing books; and procedures that
      booksellers and Justices must follow-
            
      
      1(a) We order and uphold that,
under the threat of death and
loss of possessions, no bookseller
or any other person whatsoever
should bring or introduce into
these Kingdoms any books in Romance
that are printed beyond them,
even if they are printed
in the Kingdoms of Aragon, Valen-
cia, Catalonia and Navarre,
on any subject matter,quality or Faculty,
that are not printed under licence
signed in our name and stamped
by those of our Council:
regarding books in Romance printed up until now
that were brought in from beyond this Kingdom,
and before the publication of this letter
and pragmatica ::: whoever has them is obliged
to submit them to the Corregidor
or Mayor of the head party,
who will send our Council
a report on them, so it can be seen
and foreseen and meanwhile
they cannot have or sell them,
on threat of losing their possessions
and being perpetually exiled from these Kingdoms.
      
      2 We further uphold and order that
no book or work from any Fa-
culty whatsoever,whether in Latin or Romance or
in any other language, can be printed or even
printed within these kingdoms, without
the said book or work having been first submitted
to our Council. They will be read and
examined by the person or persons
our Council commissions to do so; and once done,
a licence signed in our name will be given
and stamped by those from our Council;
and whoever prints, or orders to be printed,
or whoever prints that book or work in another way,
and who does not precede this examination
and approval and obtain our licence
in the above-mentioned way, shall incur a death sentence
and lose all his possessions; and such books
and works will be burned in public.
      
      3. And having made the submission and
after our Council has examined it
and having obtained our licence,
the said book or work can be altered, changed or added to,


Chapter 1 Page 2


      
                  BOOK VIII. TITLE XVI.
      





so that the above-mentioned formality
is sufficient and later on it cannot
be printed in any other way, and with other
things it can be read and examined;
to obviate this, and to avoid fraud,
we order that having read and examined
the original work and book submitted
to our Council and which a licence
should seemingly be granted for it,
is stamped and signed on every page
and sheet by one of our Registrars
from the Chamber who lives at our council,
and who they appoint. At the end of the book
they should mark the number and amount
of sheets and then sign with their name,
signing and numbering whatever
amendments there might be in the book,
and saving them at the end; And that this book
or work signed, stamped and numbered
in this way be delivered so that by doing this,
it shall be printed in no other way.
Afterwards, it is compulsory that
whoever does the printing brings the original
he was given to our Council,
with one or two volumes of the printed versions
so they can read and verify if the printed
versions comply with the said original
which must remain at our Council:
and the licence, tasa (price) and the privilege,
if applicable, are printed at the beginning of
every book, with the author’s and printer’s
name, and the place where it was printed:
and that this same order appears and is
kept in the books which having already been
printed,are newly printed: and that
this new print cannot be made without our
licence, and without the book, wherever
it is to be made, is seen, signed and stamped
in the manner and form as for new works
and books: We order that it is kept and
complies under the penalty
that whoever prints it, or makes it
available for printing, or who sells it
printed in any other way,and by not having
fulfilled and preceded according to the
above formalities, succumbs to and incurs
in losing his possessions and is perpetually
exiled from these kingdoms. And we order that
our Council keeps a bound book,
which includes a summary of the licences
granted for the said prints, and in the light
and examination of them, who they were given
to and the name of the author together
with the day, month and year.
      
4. And as it would be of great hindrance and impediment to
      
      
      
      
      
      
      
      
      

generally keep this in all the books and
works that must be stamped within
these kingdoms; we allow missals,
breviaries and diurnals,
songbooks for Churches and Monasteries,
hour books in Latin and Romance,
primers for teaching children, Flos
Sanctorum, synodal constitutions,
Grammars, vocabularies, and other Latin study
books,printed in these kingdoms,
any books other than those mentioned,
new works, but those that were printed again,
can be printed and not submitted to our Council.
They do not require the said licence and
can be printed with a licence from the Prelates
and Ordinaries in their districts and diocese;
who shall examine and read and make
learned persons and those of letters and
conscience read and examine the said works
and books: And following this,
the licences that Prelates and Ordinaries
grant, shall be put at the beginning
of every book, according to what is
stated in those submitted
to our Council: this will be done like this and
if it is done or printed or sold otherwise,
it shall be under the threat of losing possessions
and being perpetually exiled from this kingdom:
but if the aforementioned books and works are
new and not printed in these kingdoms,
they shall be submitted to
our Council, according to and
in the way stated in the preceding
chapter. And with regard
to matters concerning the Holy Office,
we allow those printed under licence
from the Grand Inquisitor and of those
from our Council and Saint and
Grand Inquisition: and the papal bulls
and matters belonging to the Crusades
licensed by the Commissioner General:
and information or briefs taken from
litigations, which can be freely printed.
      
5. And because we are informed that
in these kingdoms some people have
hand-written works and books,
which are not printed, that they report,
publish and assign with others, and
from whose reading and communication
disadvantages and damages have stemmed;
we order and uphold that no one
of whatever quality or condition can have
or communicate or assign or publish
other books or new works by hand,
about matters of the doctrine of the Ho-
      
      



Chapter 1 Page 3


      
                  OF PRINTS, LICENCES, &c.





the Holy Scriptures, and of matters
relating to the Religion of our
holy Catholic Faith, without Our Council
having read and examined them as stated above
and having granted our license to print them,
under threat of death and losing
their possessions, and such works will be
burned in public. And we order those
from our Council that the examination,
review and dispatch of the aforementioned
books and works is not done briefly;
And those that are good and profitable,
be given a licence and those that are not,
be ripped and torn up; and those that are
condemned and broken in this way be recorded in
the said book.
      
6. And because the above is
observed and put into practice,
from now on and with effect,
visits should be made to see the books
that are in the hands of booksellers
and book merchants and others,
whether secular, ecclesiastic or
religious persons now and
in the future; we order and entrust
the Archbishops, Bishops and Prelates
of these kingdoms in each of their
districts, jurisdictions and dioceses,
that they diligently and carefully,
or the learned persons in letters and
conscience they choose, jointly with
our Justice and Corregidores of
the heads of parties who we order
to join them, see and visit bookshops,
booksellers' shops and book merchants'
shops, and whatever other private
ecclesiastic and secular persons they like.
They must send to our Council a signed
list of the names of the books they
consider to be suspicious or forbidden,
or that contain mistakes or false doctrines,
or that are dishonest matters and bad examples,
whatever their manner and faculty,
in Latin or Romance or in any other language,
even though they were printed under our licence,
so they can be read and provided for;
And meanwhile they must be deposited with
whoever is of their confidence.
And we order that the Universities of
Salamanca, Valladolid, and Alcalá,
that the Universities within their cloisters
appoint two Doctors or Masters who,
together with the prelates and deputies
appointed by our Justices make the
said visit to the aforementioned places
of Salamanca and Valladolid. And
likewise we entrust and order

Grands, Provincials, Abates, Priors,
Guardians, Ministries of whatever
orders of our Kingdoms, accompanied
by learned and Religious persons,
to visit their Monasteries' libraries,
and especially the books possessed by
Friars and Nuns in their Orders, and
to send a report to our Council,
following the annual rules set out by
the Prelates, Justices and religious
Persons, and respecting what it is said.
      
7. And we order, for the penalties
to those who contravene this regulation,
according to this our letter,
to be applied in the following manner:
the third part would be for our Chamber;
another third part for the Judge who
decides and the other third part for
the person who denounces it
(law 24. tit. 7. book. I.R)
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      




Translation by: Kay Leach

    


Copyright History resource developed in partnership with:


Our Partners


Copyright statement

You may copy and distribute the translations and commentaries in this resource, or parts of such translations and commentaries, in any medium, for non-commercial purposes as long as the authorship of the commentaries and translations is acknowledged, and you indicate the source as Bently & Kretschmer (eds), Primary Sources on Copyright (1450-1900) (www.copyrighthistory.org).

With the exception of commentaries that are available under a CC-BY licence (compliant with UKRI policy) you may not publish individual documents or parts of the database for any commercial purposes, including charging a fee for providing access to these documents via a network. This licence does not affect your statutory rights of fair dealing.

Although the original documents in this database are in the public domain, we are unable to grant you the right to reproduce or duplicate some of these documents in so far as the images or scans are protected by copyright or we have only been able to reproduce them here by giving contractual undertakings. For the status of any particular images, please consult the information relating to copyright in the bibliographic records.


Primary Sources on Copyright (1450-1900) is co-published by Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK and CREATe, School of Law, University of Glasgow, 10 The Square, Glasgow G12 8QQ, UK