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Electoral Saxon Printing and Censorship Acts from 1549 to 1717, Leipzig (1724)
Source: Universität Freiburg, Institut für Rechtsgeschichte, Frei 81: E 10 - 215
Citation:
Electoral Saxon Printing and Censorship Acts from 1549 to 1717, Leipzig (1724), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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Chapter 1 Page 1
CODEX
AUGUSTEUS,
Or
Newly enlarged
CORPUS JURIS
SAXONICI
In which the
DECREES, RESOLUTIONS,
MANDATES and Ordinances
published and issued
in the
Electorate of Saxony
and the territories
belonging to it,
as well as in the
Margravates of the
Upper and Lower Lausitz,
have, together with a
CATALOGUE, useful summaries and
complete indices,
with the most gracious
permission of
His Royal Majesty in Poland,
and the Elector of Saxony,
been brought to light and
put in proper order
by
Johann Christian Lünig.
With Royal and Saxon Electoral privilege.
___________________________________________
LEIPZIG
Published by Johann Friedrich Gleditsch's adopted son, 1724.
Chapter 1 Page 2
[Frontispiece portrait
of Augustus II, the Strong]
Frederick Augustus, King of the Poles,
Elector of Saxony etc. etc.
Chapter 1 Page 3
__________________________________________________________________________
Appendix III.
On forbidden books and defamatory works,
as well as the harmful reprinting of privileged books.
Electoral Saxon Mandate,
to the effect that lampoons, slanderous writings and pictures, especially in
religious matters, are not to be tolerated. 10 January 1549.
By the Grace of God, Maurice, Duke of Saxony,
Elector etc. Dear faithful followers, it has come
to Our notice - and we have indeed found this to
be so in practice - that several men, women, and
youngsters go round carrying printed books,
songs, rhymes, and pictures in which people,
no matter who they may be, are attacked with
grievous and vexatious words, whereby in some
cases neither the names of those who have made
them nor the place where they were printed are
indicated, and in other cases fictitious and
unknown names are attached to them.
Since such defamatory letters, songs,
rhymes, and pictures - above all those that are
anonymous or bear unknown and fictitious
names - have been forbidden not just by the
Roman Imperial Majesty, Our most gracious
lord, and by the Imperial Estates at the recent
Imperial Diet in Augsburg, but also in publicly
announced Imperial laws, We too are not
prepared to suffer such liberty which overall
does not lead to any good. We therefore wish
and earnestly enjoin you to pay diligent heed to
this in your city and to not allow any book,
song, rhyme or picture - under whatever title
these may appear - to be circulated and sold
there if in them other people of high or low rank,
whosoever they may be, are offended; and that
in the case of such works which bear no name or
one that is unknown or fictitious, and whose
place of printing is not given, you first of all
summon those who carry them round and offer
them for sale, then confiscate the defamatory
books, songs, rhymes, and pictures, and warn
them not to ply such wares again. However, you
are also to find out from them how they got
hold of these works and where and by whom the
latter were printed or made, and all this you are
to report to Our chancellery. If they appear with
such books again, you are to have them arrested
and kept in custody and await our decision. If
you do all this, you will be doing Our will. Date:
Torgau, 10 January 1549.
To Our dear faithful followers, the city
council of Leipzig.
A similar mandate,
but to the effect also that nothing may be printed nor imported from
elsewhere without having first passed the censorship
of both universities. 14 September 1562.
By the Grace of God, Augustus, Duke of Saxony, Elector
etc. It is Our gracious intention to let you know the
following: although on various occasions We have
arranged for earnest writs, decrees, and prohibitions
to be issued and published in Our Electoral and
ducal territories, all to the effect that anyone,
whatever estate he may belong to, who lives within
Our lands or who does business here, or passes through
this territory for such purposes or as a traveller,
Chapter 1 Page 4
must henceforth abstain from having anything to
do with all suspicious, defamatory, vexatious,
insulting and grievous speeches, songs, rhymes,
poems, books and anything else of the sort; it has
nevertheless come to Our notice that some
troublesome and contentious people do not desist
from this and also that, in particular, now almost
anyone -especially where religious matters are
concerned - is ready to venture, at discretion and
at will, to write books and have them printed in
order to make a name for himself. The result of
this is that there is no end to the writing of books
and that ultimately the good old useful books,
which serve the spiritual improvement and
edification of God's congregation are edged out
and people are confused, led astray from the true
Christian teachings and books, and made weary of
these. Since this is not just a question of Our will
being contravened but involves also the fact that
through these and suchlike writings and poems
the average man in the street - especially in these
dangerous times - may very well be confused and
disorientated, and perhaps even induced to all
kinds of trouble and sedition; in order to forestall
and avert this as far as possible, as well as to nip in
the bud and prevent any untimely thoughts from
arising in the hot-tempered and restless heads of
certain people, so that thenceforth the latter
conduct themselves with good discretion and
prudence, We therefore order you to carry out this
earnest directive in your city: namely, that
everyone without exception - clergy- and laymen
alike - is to abstain from all aforesaid suspicious,
grievous, defamatory invectives, songs, rhymes,
and anything else of the sort, and that no book
which is incommensurate with, and contrary to,
the divine Holy Prophetic and Apostolic Writ, the
Augsburg Confession, and general Christian
teaching, which (thank God!) are well established
in the churches of Our lands, is brought, imported
or smuggled into these Our lands, Electoral and
ducal territories, or into the towns, lands,
territories, and places belonging to Our relatives,
and to bishops and prelates under Our protection,
and that no such book is distributed, circulated,
offered for sale, or actually sold there. Similarly,
that from now on no one whosoever may print or
publish a book or suchlike - especially one
concerning religious matters - without having
submitted it previously to Our two Universities
in Wittenberg and Leipzig and having had it
examined, appraised, and judged by these with
the utmost care, and recognised and approved
as a sound Christian work. Accordingly, We also
earnestly order you hereby to look with great
care and attention at all printed works which are
manufactured and printed have been brought there
from other places and in our lands, or which
are offered for sale in your vicinity, and where a
defamatory poem or work, or any offensive,
contentious and unsuitable book is discovered
which was composed and printed in Our lands
without the scrutiny, censoring, and approval of
both Our aforesaid, Universities or which was
brought and smuggled into these, that you not
only remove and confiscate this work,but also
take the perpetrators into custody and keep them
under arrest to await rigorous punishment; and
where one or more persons are found to have
flouted these Our ordinances and prohibitions,
to have deliberately acted against them, and who
will thus have been imprisoned by you as
mentioned above, that you always inform Us
about this without delay. Then We shall take
such action against the culprit so that he really
does feel our displeasure about such untimely
flippant defamatory poems and other unsuitable
works and books, and so that it may serve as a
deterrent example to everyone else. Such is Our
earnest and fully certain decision in this matter.
Date: Torgau, 14 September 1562.
To Our dear faithful followers, the city
council of Leipzig.
Prohibition
Concerning printed defamatory works, books, documents, and paintings.
26 May 1571.
By the Grace of God, We, Augustus, Duke of
Saxony, Archmarshal and Elector of the Holy
Roman Empire, Landgrave of Düringen,
Margrave of Meissen, and Burggrave of
Magdeburg, send Our greetings, grace, and
goodwill to each and every one of Our prelates,
counts, and lords, as well as to Our knights, chief
persons of authority, officials, administrators, tax
collectors, mayors, judges and town councillors,
and in general to all Our other subjects and
persons under Our protection. Venerable ones, Sirs
and noble lords, as well as Our worthy and dear
faithful followers! Although previously at several
Imperial Diets, as well as at the most recent Diet,
which was held in Speyer in 1570, it has been
ordained and decreed on pain of severe penalties
that the authorities are to carefully check their
local printing-houses, booksellers, and so on to
ensure that no defamatory books, pictures or
suchlike – from which nothing good ever arises,
but, rather, only discord, sedition, distrust, and
disruption of any state of peace and content – are
publicly or secretly made, printed, sold or
otherwise circulated; and although We have issued
due orders that this is to be obediently observed to
the Chancellors, Magistri and Doctores of Our
Universities of Leipzig and Wittenberg, as well as
to the mayors and councillors of several of Our
towns, We have nevertheless ascertained that
this decree of Ours, and of the Holy Roman
Empire too, is not being fulfilled in many places;
that, rather, it is possible to observe how every
now and then all kinds of disgraceful defamatory
works, books, documents, and pictures are printed
and painted, without this being punished at all,
and how, in particular, these are carried round,
offered for sale, bought, and circulated at the
public fairs and other gatherings, whereby no one
– authorities, lord and subject alike – is actually
spared from insults in these works.
Thus, in order to better constrain and put
an end everywhere to such an insolent and
shameless abuse as is involved in this slanderous
printing, painting, and insulting, We wish that
henceforth no printing-works other than in
Wittenberg, Leipzig, and Dresden shall be
allowed in Our Electoral lands, as well as in the
territories of Our bishoprics and vassals, and that
all obscure local printing-works are hereby to be
shut down immediately.
Moreover, We herewith also give the
earnest command and instruction that from now
on no printer is to be allowed to go about his
business unless he has previously been
recognised by Our councillors as respectable,
honest and capable in every respect for this trade.
He must also have committed himself by a
special oath to observe this decree of Ours and
of the Holy Roman Empire in all his printing
activities. Furthermore, everyone is forbidden to
Chapter 1 Page 5
bring out or print any disgraceful defamatory
books, works, documents, or poems, on pain of a
considerable penalty, including the confiscation of
all books and the printing-offices themselves. In
addition to this, no one is to be allowed to print
anything until the work in question has been
examined by Our appointed Privy Councillors, as
well as by the Chancellors and Professors of both
Our Universities of Wittenberg and Leipzig. If
permission for printing is granted, the printer of
the poet or author in question must then indicate
the latter’s name and surname and the city and
year in which the work is published.
Where, however, one or more of these prescripts
fails to be observed, not only are the printed books,
works or documents to be seized forthwith by the
authorities, but the printer as well as those persons
who were offering them for sale or otherwise
involved in circulating them are to be relentlessly
punished with penalties affecting their property
or otherwise in accordance with general law.
It is with the same punishments and
severity that those who make slanderous and
defamatory pictures, sell them or try to circulate
them in any other way, are to be dealt with.
Finally, We earnestly command and
order that this Our decree and prohibition be
fully complied with and observed under pain of
incurring the penalties comprised therein as well
as other severe punishments. Such is Our certain
will and word, in proof of which Our privy seal
has been used to stamp and seal this document.
Issued in Dresden, 26 May 1571.
[place of the seal]
Order
of Christian II, Elector of Saxony, whereby booksellers are to be earnestly admonished
to send copies of privileged books to the Superior Consistory.
18 August 1609.
By the Grace of God, Christian the Second, Duke
of Saxony, Elector etc. Worthy and learned men,
dear and faithful followers! It has been reported to
Us that the booksellers and printers in your
respective cities – at whose most humble
supplication We have granted privileges for a
number of books and works, whereby they are
supposed to send a certain number of copies of
each such work to Our Chancellery and now, in
particular, to Our Supreme Consistory, on pain of
losing these privileges and at their own expense –
are proving to be very negligent in this and are not
observing this instruction at all, as a result of
which the copies either fail to arrive or, in some
cases, are sent to the wrong place and are not
distributed correctly. Since We are not at all
inclined to tolerate such impropriety, We hereby
graciously request on Our own behalf and on that
of the High-born Prince Johann Georg and of the
High-born Prince Augustus, who is under Our
guardianship – both these Princes being Dukes of
Saxony and Our dear beloved brothers – that you
summon all booksellers and printers to your
presence, earnestly reprimand them for this
negligence of theirs, and also impose on them the
following obligation: namely, that every one of
them must hand over to you an accurate list of the
books he has printed since Our accession to the
Electorate, of which works he has sent copies,
and of the recipients of these, and that you also
prepare thorough reports of how this matter
stands everywhere and make the following
threat and warning: namely, that whoever fails
from now on to deliver to the Supreme
Consistory those copies of old and new works
which he is still due – for which he will be given
a receipt bearing the Superior Consistory’s seal –
will not only have his privilege taken away from
him, but will also be subject to other appropriate
punishments. On the other hand, apart from the
copying fees and the requisite number of books,
they do not have to send anything else to Our
Chancellery.
You will accordingly send us forthwith
the specified lists and detailed reports of the
situation in your local areas. Such is Our
will and word. Date: Dresden, 18 August 1609.
Jan von Eningenbergk.
Joh. Stutzius.
To the Book Commission
in Leipzig.
Electoral Rescript,
To the effect that the import of reprints of privileged books made by foreign booksellers
is to be punished, and that those wares of theirs which find their way into Our lands
are to be seized and kept in custody until payment of the penalty.
13 May 1620.
Johann Georg, Elector etc. That which Our
appointed Treasury official has most humbly
informed us of – namely, of some books
discovered in the shop at *** which, contrary to
privileges We had issued to a certain bookseller
in Frankfurt-on-the-Main and to a certain printer
in Giessen, have been reprinted by the printer S. I.
in Lübeck – this you may gather from the letter
enclosed with this rescript. Although it is true that
We cannot forbid foreigners from manufacturing
such reprints, it is forbidden to sell these in Our
lands and for this reason the aforesaid shop at
*** has become subject to Our punishment. We
therefore request you most graciously hereby to
confiscate all copies which have been reprinted
in violation of the privilege We had granted and
which have been discovered in *** and other
shops, and to keep their other books in custody
until they have satisfied Us by paying the fine
incurred, or unless they have given sufficient
security for these books. Moreover, in view of
the fact that not only is such illicit reprinting and
selling becoming all too common, but that some
people are even venturing to make use of Our
privilege despite Our never having allowed them
to do so, We herewith also request you to take
Chapter 1 Page 6
the same measures at the request of any privileged
booksellers affected by this, and, moreover, on the
strength of this rescript We also enjoin you to send
Our Treasury official an orderly record of the
books you have confiscated and the fines you
have collected at the present moment and
during all future [book] fairs.
Rescript,
To the effect that a privilege for a book should not be understood
to have been issued in perpetuity. 5 July 1625.
Johann Georg, Elector etc. In what manner * and
Associates have presented Us with a petition and
complaint about the printers ** in ***, to the
effect that the latter have not only reprinted, to the
detriment of * and Associates, Luther’s Bible in
folio, 4to and 8to, as well as Dr Hutter’s
Summaria, and are selling these reprints in Our
city of Leipzig, but have also obtained a special
privilege for [an edition of the Bible in] 12to
format, this and other details you may gather from
the enclosed letter. Now, We must note that * and
Associates are mistaken in believing that the
privilege We had granted to them was to hold in
perpetuity and that We could therefore not issue
any privilege for the Bible to any other of Our
subjects.
For, given that the privilege granted to
them by Our highly honoured ancestors and by
Us is revocable and that We don’t wish to divest
ourselves of the right to grant to other subjects
of Ours and to foreigners, upon their most
humble petition and at our discretion, privileges
for their formats of the Bible, but, rather, that
We wish to reserve to ourselves this right, We
request you herewith most graciously to inform
* and Associates that as far as the Bibles which
may be printed in future are concerned, they
must each time make a due application to us for
such a privilege. etc. This is the answer which is
to be communicated to them. etc.
Rescript,
To the effect that if courts of lower jurisdiction take proceedings against
a book privilege that has been granted by the Elector, such
proceedings are declared to be null and void.
7 November 1636.
Johann Georg, Elector etc. We have received a
complaint from the bookseller M. G., who is based
in your city, to the effect that despite having filed
at your municipal court a petition against *** who,
in violation of the privilege We had granted to the
supplicant, was offering for sale in his shop, which
is open to the public, reprint copies of Dr Cunrad
Dieterich’s Sermons on the Seven Penitential
Psalms during the recent Michaelmas fair in
Leipzig, no measures were taken on the
supplicant’s behalf and he was, instead, dragged
into protracted proceedings by your courts, as you
may see from the enclosed documents. Now, such
abetment on the part of your municipal court
comes as a great surprise to us because as far as
Our privileges are concerned – especially given
that they bear Our own signature and have been
sealed with our Electoral privy seal – neither you
nor the courts, nor anyone else, are entitled to
cognizance and decision without Our permission.
Rather, it is We alone who are entitled to this –
your and the courts’ task is merely that of
execution, as is quite clear from the wording of
the aforesaid privilege. Since, accordingly, any
proceedings instituted in this matter, any
sentence passed and rectification made are all
null and void, We therefore request you most
graciously to quash all this on the strength of the
present rescript and to earnestly enjoin the
courts to provide the redress requested against
*** and collect from him the fine of 100 gold
florins as stipulated in Our aforesaid privilege:
half of this sum is to be sent to Our Supreme
Consistory, together with all the reprint copies,
the other half is to be paid out without fail to
the supplicant. You and the courts are to take
heed of this in all such future cases. Such is Our
will and earnest decision, etc.
Order,
To the effect that the censors of books are to sign their names
20 November 1661
By the Grace of God, Johann Georg the Second,
Duke of Saxony, Jülich, Cleves and Berg etc.,
Elector. Worthy, learned, devout and dear
faithful followers! We have received trustworthy
information to the effect that in your localities
some books and works are published and put in
print which haven’t been censored and which
often contain suspect doctrines and things that
may have a harmful influence on young students,
or which are otherwise objectionable for certain
reasons.
Since this runs counter to Our church and
university regulations, as well as to various precise
directives which have been issued, and We
consider it necessary to put an end to it and
obviate the disorder and mischief that might
otherwise arise,
We herewith demand the following: that
you summon all booksellers and printers to your
presence, prohibit them from doing this, and
thereby earnestly enjoin them to notify you
henceforth of all the books that they wish to
publish and, in those cases where you consider it
necessary, that they arrange for them to be
censored by specific persons who are, moreover,
to sign their names at the end. If they fail to do
this, they must reckon with confiscation of such
books and works, as well as a discretionary
punishment for non-compliance. Such is Our
will. Date: Dresden, 20 November 1661.
Carl, Baron of Friesen.
B. Behem.
Chapter 1 Page 7
Order
of Johann Georg II, Elector of Saxony, to the effect that bookbinders, auctioneers,
hawkers, and vendors of dissertations are not to act to the
prejudice of the booksellers. 12 July 1678
By the Grace of God, Johann Georg the Second,
Duke of Saxony, Jülich, Cleves and Berg etc. etc.,
Elector. Worthy, learned, dear, devout and faithful
followers! In what manner the booksellers of
Leipzig have presented their complaints about
bookbinders, auctioneers, hawkers, and the
vendors of dissertations, that you may perceive
from the enclosed letters. Since it is by all means
only fair that everyone should be protected in the
exercise of his legitimate profession and that no
one should be allowed to encroach on someone
else (the result of which is nothing but trouble and
disruption of good order), We have decided that as
far as the bookbinders are concerned, the matter
shall rest with the agreement that has been
established between them and the booksellers, but
We also request you most graciously to instruct
both parties that they are to observe this. As for
the auctioneers, you are to inform those that they
may not sell any books in sheets; the hawkers and
vendors of dissertations, on the other hand, you
are to enjoin to trade in nothing else other than
mere calendars, dissertations, and other short
works, which at any rate must not exceed 10 or
11 sheets. Upon failure to comply with this, any
books discovered in their possession which are
contrary to this Our decree will be seized and
they will not be allowed to carry on their trade
any more. Such is Our will. Date: Dresden,
12 July 1678.
Carl, Baron of Friesen.
Th. Werner S.
To Our worthy and learned,
dear, devout, and
faithful followers,
the Chancellor and
Doctores of the
University of Leipzig,
as well as the
city council.
Mandate,
To the effect that all infamous and confiscated works are to be hunted up and will not be
tolerated, nor may they be printed without having passed through censorship.
5 December 1683.
By the Grace of God, Johann Georg the Third,
Duke of Saxony, Jülich, Cleves and Berg etc.,
Elector etc. Worthy, learned, dear, devout and
faithful followers! As We have been informed
that hitherto all kinds of books which have been
forbidden by Imperial decrees and the statutes of
the constituent States, as well as pamphlets,
defamatory, scandalous and blasphemous
ions, writings, which in some cases may have a
dangerous and prejudicial effect on the public,
have been imported into Our lands and sold, and
sometimes even printed here and there without
indicating the authors or the place and year of
publication, which runs completely counter to
the many decrees that have been issued and to
the oath sworn by printers; We therefore request
you hereby to arrange for investigations to be
carried out in Leipzig with the utmost diligence,
so as to ascertain whether there are any such
forbidden printed goods in the city, and to send
us a most obedient report thereof; you are also to
summon all booksellers, traders, printers and
bookbinders to your presence and enjoin them to
refrain from importing and printing such
infamous, offensive, and useless works, on pain
of incurring Our severe punishment, and also to
instruct them that no one may print anything that
hasn’t been duly censored. The censors, for their
part, are to take great care, and in cases of doubt
they must always submit a report thereon to Our
Supreme Consistory and then await Our further
instructions. Such is Our will. Date: Dresden,
5 December 1683.
Carl, Baron of Friesen.
Th. Werner
To Our worthy, learned, dear,
devout and faithful followers;
to Joh. Adam Schertzer, Doctor
of Theology, Professor, Adviser
to the Consistory; and to the city
council of Leipzig.
Mandate,
Against offensive works, lampoons, copper engravings and pamphlets, as well as
concerning the censorship of books, the reprinting of privileged ones, and
the sending in of copies in due course of time.
27 February 1686.
By the Grace of God, We, Johann Georg the
Third, Duke of Saxony, Jülich, Cleves and Berg,
Archmarshal and Elector of the Holy Roman
Empire, Landgrave of Thuringia, Margrave of
Meissen, as well as of the Upper and Lower
Lausitz, Burggrave of Magdeburg, Princely Count
Of Henneberg, Count of the Mark, Ravensberg,
and Barby, Lord of Ravenstein, have arranged to
hereby inform all and sundry printers and book
sellers who are based in Our lands, as well as
those who take part in the Leipzig fairs or who
otherwise sell their books in Our Electorate and
the territories incorporated into it, of how for quite
a while We have been observing how various
abuses have been spreading in the book printing
and selling trade, since contrary to the beneficial
statutes of the Holy Roman Empire as well as to
decrees issued on many occasions by Us and Our
ancestors who are resting in God, some people
are presuming to print and sell all kinds of offensive
works and pamphlets, without indicating the authors
and place of publication, are carrying out illicit,
selfish reprinting even of books that have been
privileged by Us, are failing to keep within the
bounds when it comes to charging for, and selling,
their books – instead of which they proceed as it
suits them, overcharging buyers in their greed for
excessive profit – are venturing to either keep for
Chapter 1 Page 8
themselves the copies which, according to the
privileges they have received from Us for their
books, they are supposed to send in, or fail to
do so in due course of time, and are acting counter
to Our many orders concerning the censorship of
books.
Since We are not inclined to tolerate such
irresponsible and punishable activities any longer,
but, on the contrary, are determined to forcefully
and effectively prevent the aforesaid abuses and
disorders, We therefore earnestly order hereby all
printers, booksellers, and copper-plate engravers
living in Our Electorate and lands, as well as those
booksellers and engravers who visit the Leipzig
fairs, or who otherwise sell their books, works,
and engravings in Our lands, that – on pain of
confiscation of their books, closure of their shops,
and other severe punishments as the case may be –
henceforth none of them whosoever shall presume
to put in print, engrave, or offer for sale publicly
or secretly, any offensive works, lampoons, copper
plate engravings and pamphlets, both in religious
and political matters. Moreover, none of them
shall print any books that haven’t been examined
by censors or which do not state the place of
publication or the names of the authors and
publishers; they shall not take advantage of people
by charging them excessive prices in an un-
Christian thirst for profit; and they are to refrain
from illicit reprinting which causes great harm to
those who have honestly acquired books from
their authors and who may well have obtained
privileges for them. Printers and booksellers
should, on the contrary, be intent upon bringing
out, acquiring and selling, for fair and reasonable
prices, works that are edifying, useful, and good.
Those who have received privileges from Us for
their books are to print these word for word at the
beginning of the latter, and they must also deliver,
during the first week of the Leipzig fair, to the
Treasury official in Leipzig who is responsible for
books, the number of copies due according to the
respective privileges (these copies should be
properly collated and have no defects). Where
someone fails to do this, he must, by the end of
the second week, deliver twice that number of
copies. Moreover, where someone fails to
deliver any copies whatsoever during the first
fair at which he starts selling his books, he is to
forfeit all copies and his privilege: this punishment
will be executed without fail. Thus, everyone now
knows what he has to pay heed to and that he
must observe what We have decreed after good
consideration in order to avoid coming to grief
and incurring punishment. In proof of which We
have signed this mandate with Our own
signature, knowingly affixed Our Electoral privy
seal to it, and also arranged for it to be printed so
that it comes to everyone’s knowledge. Done at Dresden,
on 27 February 1686.
Johann Georg, Elector,
(place of seal)
Carl, Baron of Friesen,
Theod. Werner, S.
Mandate,
To the effect that infamous works – in particular, all kinds of prejudicial newspaper
articles and frequently false reports – are to be assiduously investigated.
18 March 1702.
By the Grace of God, Fredrick Augustus, King
of Poland, Duke of Saxony, Jülich, Cleves, Berg,
Engern, Westphalia, Elector etc. Dear faithful
followers, We have noticed that both the
circulation and publication of all kinds of
infamous works and lampoons against high and
low seem to have spread almost everywhere, and
that these pasquinades are even affixed to street-
corners and thrown into people’s houses. We have
also often seen in the foreign newspapers how all
kinds of unfavourable commentaries and many
prejudicial, frequently false, reports have been
written and filed both from here and Leipzig.
Since both these tendencies cause Us the greatest
displeasure and We are not willing to permit either
the publication of such infamous works or the
filing of such unwarranted articles, We herewith
demand of you that you assiduously watch out for
suchlike activities in your city, and that regarding
any such infamous works and pasquinades that
have appeared or may appear in future in your city –
even if these are just directed against private persons –
as well as regarding any inappropriate newspaper
reports of the kind mentioned above that have
appeared so far and any that appear in future,
you carry out the most rigorous investigations
and, where the authors can be got hold of, you
have them arrested if upon consideration you
think this necessary; and that in every case you
submit a report to Us here so that We may
decide what further measures are to be taken
and so that such authors are punished not just in
accordance with the obtaining laws, but,
depending on the circumstances, also with
extraordinary, more severe punishments,
whereby this is to apply to everyone without
distinction. Such is Our will. Date: Dresden,
18 March 1702.
J. B. Birnbaum,
Johann Frost, S.
To Our dear faithful followers,
the city council of Leipzig.
Rescript
To the consistories and universities, against prohibited books and works which
are published without the names of their authors, as well as an order
that printers shall pledge themselves under oath to
proceed as required. 24 July 1711.
By the Grace of God, Frederick Augustus, King of
Poland, Duke of Saxony etc. Worthy, learned,
dear, devout, and faithful followers! You are of
course aware of how, regarding the swearing in of
printers and the redressment of those abuses which
have been spreading throughout the printing and
bookselling trade, various orders have been
issued to this purpose and how public notices
and open letters to this effect have also been
produced.
However, since notwithstanding this and
the earnest warnings that have been made on
these occasions, the printing and sale of all kinds
of infamous and prohibited works and pamphlets
Chapter 1 Page 9
are once again becoming widespread in these
lands, and, moreover, so far everyone, almost
without the least fear, has been presuming to
write works attacking Our high laws and to
either disparage these or otherwise affirm all kinds
of unfavourable things about them, which is not
just intolerable and punishable in itself, but is also
earnestly forbidden and prohibited in the Imperial
laws; and since We are therefore not prepared to
tolerate such irresponsible and unlawful activities
any longer, but, on the contrary, are determined to
emphatically put an end to the aforesaid harmful
abuses and disorders,
Our request to you is herewith as follows:
you are to see to it most carefully that all that has
been decreed on various occasions concerning the
swearing-in of printers and the censorship of their
books is observed without fail, and that henceforth
no such pamphlets, defamatory and other
worthless works and, in general, no books in
which the authors aren’t named (unless this has
been done so with Our knowledge and consent)
are printed in Our lands. You are also to
assiduously make sure that any such books which
have been printed elsewhere are not sold or
circulated to the public in these Our territories;
such works you are to confiscate immediately
and send all seized copies here. In particular,
you are also to look out for any attempts to
belittle Our high laws or to act in any other way
that is detrimental to them, and if anything of the
sort should arise, you are to most humbly report
this to Us immediately so that We may decide
on the further measures to be taken. Such is Our
will. Date: Dresden, 24 July 1711.
Mandate,
To the effect that all printers – both at the universities and in other places – may not
print anything without censorship, and that they must indicate the true
author and place of publication on the title-page; as well as
the text of the oath which is to be sworn for
this purpose. 24 April 1717
Frederick Augustus, King and Elector etc. For
quite a while We have had cause to observe, with
great displeasure, how little care is put into
censoring the books and works which are meant to
be printed in Our Electorate and lands – in
particular, here in Leipzig – and how the
beneficial instructions which have been issued for
this purpose, partly by Ourselves and partly by
Our ancestors and predecessors in the dignity of
Elector, are disregarded completely and how, on
the other hand, all kinds of disorders and abuses
have been introduced.
But since such disarray is by no means to
be tolerated, We therefore graciously and earnestly
request the following: that you put greater care
into this matter and arrange for censorship to be
carried out in the way that is demanded by the
university regulations, the inspection decree and
other directives issued in relation to this, as well as
by the religious settlement in the Peace of
Westphalia; and that, in general, you shall not
tolerate or decree the printing of anything –
however insignificant it may be – that hasn’t
passed through censorship. This is by all means
also to apply to books and works which have
already been printed in other places, so that neither
here nor anywhere else in Our lands may any book
be reprinted or sold unless it has previously been
examined to ascertain whether it contains anything
contrary to God, His Holy Word, and to the
confession of faith which was introduced into Our
lands from the Reformation onwards, as well as
anything against Us and Our Electoral House’s
laws and interests, or, finally, anything that runs
counter to good habits and decency – irrespective
of whether the given book is based on a historical
or a doctrinal exposition, since one is as bad as the
other, except, that is, where the book deals with a
theological controversy and a sound refutation
provided by the Theological Faculty has been
included in it – whereby if, contrary to Our best
expectations, the censoring is not carried out
properly or with sufficient care, We shall not fail
to take the negligent censor to task and have him
earnestly punished as We see fit. In such a case, he
will not be able to get away with the excuse that
he had read through only the first sheet and
signed that, whereas the rest he had just looked
at perfunctorily and cursorily, so that he didn’t
know whether or not the book also included
appendices and other addenda: on the contrary, a
censor is obliged to sign not just the first sheet,
but also the last, and must be able to account for
everything else too that is contained in the
remaining, middle sections of the text right up to
the end. As for the booksellers and printers, you
are to sternly inform them – and in the case of
the latter, to make them all take an oath to this
effect – that they shall not print the least thing
without the complete approbation of the censors
appointed for this, on penalty of severe, in some
cases even capital, punishment. For the purpose
of this swearing-in, a special directive bearing
today’s date has been issued to the Book
Commission here in Leipzig.
There follows
the wording of such an oath:
I, ***, swear that in future I will not
print anything without having previously
informed, and obtained the signature of, the
Dean of the Faculty in Leipzig or Wittenberg, at
which the subject of the work I have been given
to print is taught, or of the person who is
entrusted with this by the Dean – in the case of
poetic and literary works too, I will not print
anything without the signature of the
Superintendent in ** or of whosoever he may
have assigned this task to. Nor will I for my part
ever allow my staff [in the printing-works] or
anyone else to do such a thing, whether openly
or secretly, or by any other means or way that
could or might be devised by human cunning.
And I will never act differently in this respect,
neither for the sake of bribes, gifts, envy or
friendship, nor for any other reason. On the
whole, in my printing work I will always conduct
myself in accordance with the regulations of the
Holy Roman Empire and the Electorate of Saxony.
Fideliter, sine fraude et dolo [Faithfully, without
any intention of deceit], so help me God, through
Jesus Christ our Lord.
Translation by: Luis Sundkvist
Source: Universität Freiburg, Institut für Rechtsgeschichte, Frei 81: E 10 - 215
Citation:
Electoral Saxon Printing and Censorship Acts from 1549 to 1717, Leipzig (1724), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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9 translated pages
Chapter 1 Page 1
CODEX
AUGUSTEUS,
Or
Newly enlarged
CORPUS JURIS
SAXONICI
In which the
DECREES, RESOLUTIONS,
MANDATES and Ordinances
published and issued
in the
Electorate of Saxony
and the territories
belonging to it,
as well as in the
Margravates of the
Upper and Lower Lausitz,
have, together with a
CATALOGUE, useful summaries and
complete indices,
with the most gracious
permission of
His Royal Majesty in Poland,
and the Elector of Saxony,
been brought to light and
put in proper order
by
Johann Christian Lünig.
With Royal and Saxon Electoral privilege.
___________________________________________
LEIPZIG
Published by Johann Friedrich Gleditsch's adopted son, 1724.
Chapter 1 Page 2
[Frontispiece portrait
of Augustus II, the Strong]
Frederick Augustus, King of the Poles,
Elector of Saxony etc. etc.
Chapter 1 Page 3
__________________________________________________________________________
Appendix III.
On forbidden books and defamatory works,
as well as the harmful reprinting of privileged books.
Electoral Saxon Mandate,
to the effect that lampoons, slanderous writings and pictures, especially in
religious matters, are not to be tolerated. 10 January 1549.
By the Grace of God, Maurice, Duke of Saxony,
Elector etc. Dear faithful followers, it has come
to Our notice - and we have indeed found this to
be so in practice - that several men, women, and
youngsters go round carrying printed books,
songs, rhymes, and pictures in which people,
no matter who they may be, are attacked with
grievous and vexatious words, whereby in some
cases neither the names of those who have made
them nor the place where they were printed are
indicated, and in other cases fictitious and
unknown names are attached to them.
Since such defamatory letters, songs,
rhymes, and pictures - above all those that are
anonymous or bear unknown and fictitious
names - have been forbidden not just by the
Roman Imperial Majesty, Our most gracious
lord, and by the Imperial Estates at the recent
Imperial Diet in Augsburg, but also in publicly
announced Imperial laws, We too are not
prepared to suffer such liberty which overall
does not lead to any good. We therefore wish
and earnestly enjoin you to pay diligent heed to
this in your city and to not allow any book,
song, rhyme or picture - under whatever title
these may appear - to be circulated and sold
there if in them other people of high or low rank,
whosoever they may be, are offended; and that
in the case of such works which bear no name or
one that is unknown or fictitious, and whose
place of printing is not given, you first of all
summon those who carry them round and offer
them for sale, then confiscate the defamatory
books, songs, rhymes, and pictures, and warn
them not to ply such wares again. However, you
are also to find out from them how they got
hold of these works and where and by whom the
latter were printed or made, and all this you are
to report to Our chancellery. If they appear with
such books again, you are to have them arrested
and kept in custody and await our decision. If
you do all this, you will be doing Our will. Date:
Torgau, 10 January 1549.
To Our dear faithful followers, the city
council of Leipzig.
A similar mandate,
but to the effect also that nothing may be printed nor imported from
elsewhere without having first passed the censorship
of both universities. 14 September 1562.
By the Grace of God, Augustus, Duke of Saxony, Elector
etc. It is Our gracious intention to let you know the
following: although on various occasions We have
arranged for earnest writs, decrees, and prohibitions
to be issued and published in Our Electoral and
ducal territories, all to the effect that anyone,
whatever estate he may belong to, who lives within
Our lands or who does business here, or passes through
this territory for such purposes or as a traveller,
Chapter 1 Page 4
must henceforth abstain from having anything to
do with all suspicious, defamatory, vexatious,
insulting and grievous speeches, songs, rhymes,
poems, books and anything else of the sort; it has
nevertheless come to Our notice that some
troublesome and contentious people do not desist
from this and also that, in particular, now almost
anyone -especially where religious matters are
concerned - is ready to venture, at discretion and
at will, to write books and have them printed in
order to make a name for himself. The result of
this is that there is no end to the writing of books
and that ultimately the good old useful books,
which serve the spiritual improvement and
edification of God's congregation are edged out
and people are confused, led astray from the true
Christian teachings and books, and made weary of
these. Since this is not just a question of Our will
being contravened but involves also the fact that
through these and suchlike writings and poems
the average man in the street - especially in these
dangerous times - may very well be confused and
disorientated, and perhaps even induced to all
kinds of trouble and sedition; in order to forestall
and avert this as far as possible, as well as to nip in
the bud and prevent any untimely thoughts from
arising in the hot-tempered and restless heads of
certain people, so that thenceforth the latter
conduct themselves with good discretion and
prudence, We therefore order you to carry out this
earnest directive in your city: namely, that
everyone without exception - clergy- and laymen
alike - is to abstain from all aforesaid suspicious,
grievous, defamatory invectives, songs, rhymes,
and anything else of the sort, and that no book
which is incommensurate with, and contrary to,
the divine Holy Prophetic and Apostolic Writ, the
Augsburg Confession, and general Christian
teaching, which (thank God!) are well established
in the churches of Our lands, is brought, imported
or smuggled into these Our lands, Electoral and
ducal territories, or into the towns, lands,
territories, and places belonging to Our relatives,
and to bishops and prelates under Our protection,
and that no such book is distributed, circulated,
offered for sale, or actually sold there. Similarly,
that from now on no one whosoever may print or
publish a book or suchlike - especially one
concerning religious matters - without having
submitted it previously to Our two Universities
in Wittenberg and Leipzig and having had it
examined, appraised, and judged by these with
the utmost care, and recognised and approved
as a sound Christian work. Accordingly, We also
earnestly order you hereby to look with great
care and attention at all printed works which are
manufactured and printed have been brought there
from other places and in our lands, or which
are offered for sale in your vicinity, and where a
defamatory poem or work, or any offensive,
contentious and unsuitable book is discovered
which was composed and printed in Our lands
without the scrutiny, censoring, and approval of
both Our aforesaid, Universities or which was
brought and smuggled into these, that you not
only remove and confiscate this work,but also
take the perpetrators into custody and keep them
under arrest to await rigorous punishment; and
where one or more persons are found to have
flouted these Our ordinances and prohibitions,
to have deliberately acted against them, and who
will thus have been imprisoned by you as
mentioned above, that you always inform Us
about this without delay. Then We shall take
such action against the culprit so that he really
does feel our displeasure about such untimely
flippant defamatory poems and other unsuitable
works and books, and so that it may serve as a
deterrent example to everyone else. Such is Our
earnest and fully certain decision in this matter.
Date: Torgau, 14 September 1562.
To Our dear faithful followers, the city
council of Leipzig.
Prohibition
Concerning printed defamatory works, books, documents, and paintings.
26 May 1571.
By the Grace of God, We, Augustus, Duke of
Saxony, Archmarshal and Elector of the Holy
Roman Empire, Landgrave of Düringen,
Margrave of Meissen, and Burggrave of
Magdeburg, send Our greetings, grace, and
goodwill to each and every one of Our prelates,
counts, and lords, as well as to Our knights, chief
persons of authority, officials, administrators, tax
collectors, mayors, judges and town councillors,
and in general to all Our other subjects and
persons under Our protection. Venerable ones, Sirs
and noble lords, as well as Our worthy and dear
faithful followers! Although previously at several
Imperial Diets, as well as at the most recent Diet,
which was held in Speyer in 1570, it has been
ordained and decreed on pain of severe penalties
that the authorities are to carefully check their
local printing-houses, booksellers, and so on to
ensure that no defamatory books, pictures or
suchlike – from which nothing good ever arises,
but, rather, only discord, sedition, distrust, and
disruption of any state of peace and content – are
publicly or secretly made, printed, sold or
otherwise circulated; and although We have issued
due orders that this is to be obediently observed to
the Chancellors, Magistri and Doctores of Our
Universities of Leipzig and Wittenberg, as well as
to the mayors and councillors of several of Our
towns, We have nevertheless ascertained that
this decree of Ours, and of the Holy Roman
Empire too, is not being fulfilled in many places;
that, rather, it is possible to observe how every
now and then all kinds of disgraceful defamatory
works, books, documents, and pictures are printed
and painted, without this being punished at all,
and how, in particular, these are carried round,
offered for sale, bought, and circulated at the
public fairs and other gatherings, whereby no one
– authorities, lord and subject alike – is actually
spared from insults in these works.
Thus, in order to better constrain and put
an end everywhere to such an insolent and
shameless abuse as is involved in this slanderous
printing, painting, and insulting, We wish that
henceforth no printing-works other than in
Wittenberg, Leipzig, and Dresden shall be
allowed in Our Electoral lands, as well as in the
territories of Our bishoprics and vassals, and that
all obscure local printing-works are hereby to be
shut down immediately.
Moreover, We herewith also give the
earnest command and instruction that from now
on no printer is to be allowed to go about his
business unless he has previously been
recognised by Our councillors as respectable,
honest and capable in every respect for this trade.
He must also have committed himself by a
special oath to observe this decree of Ours and
of the Holy Roman Empire in all his printing
activities. Furthermore, everyone is forbidden to
Chapter 1 Page 5
bring out or print any disgraceful defamatory
books, works, documents, or poems, on pain of a
considerable penalty, including the confiscation of
all books and the printing-offices themselves. In
addition to this, no one is to be allowed to print
anything until the work in question has been
examined by Our appointed Privy Councillors, as
well as by the Chancellors and Professors of both
Our Universities of Wittenberg and Leipzig. If
permission for printing is granted, the printer of
the poet or author in question must then indicate
the latter’s name and surname and the city and
year in which the work is published.
Where, however, one or more of these prescripts
fails to be observed, not only are the printed books,
works or documents to be seized forthwith by the
authorities, but the printer as well as those persons
who were offering them for sale or otherwise
involved in circulating them are to be relentlessly
punished with penalties affecting their property
or otherwise in accordance with general law.
It is with the same punishments and
severity that those who make slanderous and
defamatory pictures, sell them or try to circulate
them in any other way, are to be dealt with.
Finally, We earnestly command and
order that this Our decree and prohibition be
fully complied with and observed under pain of
incurring the penalties comprised therein as well
as other severe punishments. Such is Our certain
will and word, in proof of which Our privy seal
has been used to stamp and seal this document.
Issued in Dresden, 26 May 1571.
[place of the seal]
Order
of Christian II, Elector of Saxony, whereby booksellers are to be earnestly admonished
to send copies of privileged books to the Superior Consistory.
18 August 1609.
By the Grace of God, Christian the Second, Duke
of Saxony, Elector etc. Worthy and learned men,
dear and faithful followers! It has been reported to
Us that the booksellers and printers in your
respective cities – at whose most humble
supplication We have granted privileges for a
number of books and works, whereby they are
supposed to send a certain number of copies of
each such work to Our Chancellery and now, in
particular, to Our Supreme Consistory, on pain of
losing these privileges and at their own expense –
are proving to be very negligent in this and are not
observing this instruction at all, as a result of
which the copies either fail to arrive or, in some
cases, are sent to the wrong place and are not
distributed correctly. Since We are not at all
inclined to tolerate such impropriety, We hereby
graciously request on Our own behalf and on that
of the High-born Prince Johann Georg and of the
High-born Prince Augustus, who is under Our
guardianship – both these Princes being Dukes of
Saxony and Our dear beloved brothers – that you
summon all booksellers and printers to your
presence, earnestly reprimand them for this
negligence of theirs, and also impose on them the
following obligation: namely, that every one of
them must hand over to you an accurate list of the
books he has printed since Our accession to the
Electorate, of which works he has sent copies,
and of the recipients of these, and that you also
prepare thorough reports of how this matter
stands everywhere and make the following
threat and warning: namely, that whoever fails
from now on to deliver to the Supreme
Consistory those copies of old and new works
which he is still due – for which he will be given
a receipt bearing the Superior Consistory’s seal –
will not only have his privilege taken away from
him, but will also be subject to other appropriate
punishments. On the other hand, apart from the
copying fees and the requisite number of books,
they do not have to send anything else to Our
Chancellery.
You will accordingly send us forthwith
the specified lists and detailed reports of the
situation in your local areas. Such is Our
will and word. Date: Dresden, 18 August 1609.
Jan von Eningenbergk.
Joh. Stutzius.
To the Book Commission
in Leipzig.
Electoral Rescript,
To the effect that the import of reprints of privileged books made by foreign booksellers
is to be punished, and that those wares of theirs which find their way into Our lands
are to be seized and kept in custody until payment of the penalty.
13 May 1620.
Johann Georg, Elector etc. That which Our
appointed Treasury official has most humbly
informed us of – namely, of some books
discovered in the shop at *** which, contrary to
privileges We had issued to a certain bookseller
in Frankfurt-on-the-Main and to a certain printer
in Giessen, have been reprinted by the printer S. I.
in Lübeck – this you may gather from the letter
enclosed with this rescript. Although it is true that
We cannot forbid foreigners from manufacturing
such reprints, it is forbidden to sell these in Our
lands and for this reason the aforesaid shop at
*** has become subject to Our punishment. We
therefore request you most graciously hereby to
confiscate all copies which have been reprinted
in violation of the privilege We had granted and
which have been discovered in *** and other
shops, and to keep their other books in custody
until they have satisfied Us by paying the fine
incurred, or unless they have given sufficient
security for these books. Moreover, in view of
the fact that not only is such illicit reprinting and
selling becoming all too common, but that some
people are even venturing to make use of Our
privilege despite Our never having allowed them
to do so, We herewith also request you to take
Chapter 1 Page 6
the same measures at the request of any privileged
booksellers affected by this, and, moreover, on the
strength of this rescript We also enjoin you to send
Our Treasury official an orderly record of the
books you have confiscated and the fines you
have collected at the present moment and
during all future [book] fairs.
Rescript,
To the effect that a privilege for a book should not be understood
to have been issued in perpetuity. 5 July 1625.
Johann Georg, Elector etc. In what manner * and
Associates have presented Us with a petition and
complaint about the printers ** in ***, to the
effect that the latter have not only reprinted, to the
detriment of * and Associates, Luther’s Bible in
folio, 4to and 8to, as well as Dr Hutter’s
Summaria, and are selling these reprints in Our
city of Leipzig, but have also obtained a special
privilege for [an edition of the Bible in] 12to
format, this and other details you may gather from
the enclosed letter. Now, We must note that * and
Associates are mistaken in believing that the
privilege We had granted to them was to hold in
perpetuity and that We could therefore not issue
any privilege for the Bible to any other of Our
subjects.
For, given that the privilege granted to
them by Our highly honoured ancestors and by
Us is revocable and that We don’t wish to divest
ourselves of the right to grant to other subjects
of Ours and to foreigners, upon their most
humble petition and at our discretion, privileges
for their formats of the Bible, but, rather, that
We wish to reserve to ourselves this right, We
request you herewith most graciously to inform
* and Associates that as far as the Bibles which
may be printed in future are concerned, they
must each time make a due application to us for
such a privilege. etc. This is the answer which is
to be communicated to them. etc.
Rescript,
To the effect that if courts of lower jurisdiction take proceedings against
a book privilege that has been granted by the Elector, such
proceedings are declared to be null and void.
7 November 1636.
Johann Georg, Elector etc. We have received a
complaint from the bookseller M. G., who is based
in your city, to the effect that despite having filed
at your municipal court a petition against *** who,
in violation of the privilege We had granted to the
supplicant, was offering for sale in his shop, which
is open to the public, reprint copies of Dr Cunrad
Dieterich’s Sermons on the Seven Penitential
Psalms during the recent Michaelmas fair in
Leipzig, no measures were taken on the
supplicant’s behalf and he was, instead, dragged
into protracted proceedings by your courts, as you
may see from the enclosed documents. Now, such
abetment on the part of your municipal court
comes as a great surprise to us because as far as
Our privileges are concerned – especially given
that they bear Our own signature and have been
sealed with our Electoral privy seal – neither you
nor the courts, nor anyone else, are entitled to
cognizance and decision without Our permission.
Rather, it is We alone who are entitled to this –
your and the courts’ task is merely that of
execution, as is quite clear from the wording of
the aforesaid privilege. Since, accordingly, any
proceedings instituted in this matter, any
sentence passed and rectification made are all
null and void, We therefore request you most
graciously to quash all this on the strength of the
present rescript and to earnestly enjoin the
courts to provide the redress requested against
*** and collect from him the fine of 100 gold
florins as stipulated in Our aforesaid privilege:
half of this sum is to be sent to Our Supreme
Consistory, together with all the reprint copies,
the other half is to be paid out without fail to
the supplicant. You and the courts are to take
heed of this in all such future cases. Such is Our
will and earnest decision, etc.
Order,
To the effect that the censors of books are to sign their names
20 November 1661
By the Grace of God, Johann Georg the Second,
Duke of Saxony, Jülich, Cleves and Berg etc.,
Elector. Worthy, learned, devout and dear
faithful followers! We have received trustworthy
information to the effect that in your localities
some books and works are published and put in
print which haven’t been censored and which
often contain suspect doctrines and things that
may have a harmful influence on young students,
or which are otherwise objectionable for certain
reasons.
Since this runs counter to Our church and
university regulations, as well as to various precise
directives which have been issued, and We
consider it necessary to put an end to it and
obviate the disorder and mischief that might
otherwise arise,
We herewith demand the following: that
you summon all booksellers and printers to your
presence, prohibit them from doing this, and
thereby earnestly enjoin them to notify you
henceforth of all the books that they wish to
publish and, in those cases where you consider it
necessary, that they arrange for them to be
censored by specific persons who are, moreover,
to sign their names at the end. If they fail to do
this, they must reckon with confiscation of such
books and works, as well as a discretionary
punishment for non-compliance. Such is Our
will. Date: Dresden, 20 November 1661.
Carl, Baron of Friesen.
B. Behem.
Chapter 1 Page 7
Order
of Johann Georg II, Elector of Saxony, to the effect that bookbinders, auctioneers,
hawkers, and vendors of dissertations are not to act to the
prejudice of the booksellers. 12 July 1678
By the Grace of God, Johann Georg the Second,
Duke of Saxony, Jülich, Cleves and Berg etc. etc.,
Elector. Worthy, learned, dear, devout and faithful
followers! In what manner the booksellers of
Leipzig have presented their complaints about
bookbinders, auctioneers, hawkers, and the
vendors of dissertations, that you may perceive
from the enclosed letters. Since it is by all means
only fair that everyone should be protected in the
exercise of his legitimate profession and that no
one should be allowed to encroach on someone
else (the result of which is nothing but trouble and
disruption of good order), We have decided that as
far as the bookbinders are concerned, the matter
shall rest with the agreement that has been
established between them and the booksellers, but
We also request you most graciously to instruct
both parties that they are to observe this. As for
the auctioneers, you are to inform those that they
may not sell any books in sheets; the hawkers and
vendors of dissertations, on the other hand, you
are to enjoin to trade in nothing else other than
mere calendars, dissertations, and other short
works, which at any rate must not exceed 10 or
11 sheets. Upon failure to comply with this, any
books discovered in their possession which are
contrary to this Our decree will be seized and
they will not be allowed to carry on their trade
any more. Such is Our will. Date: Dresden,
12 July 1678.
Carl, Baron of Friesen.
Th. Werner S.
To Our worthy and learned,
dear, devout, and
faithful followers,
the Chancellor and
Doctores of the
University of Leipzig,
as well as the
city council.
Mandate,
To the effect that all infamous and confiscated works are to be hunted up and will not be
tolerated, nor may they be printed without having passed through censorship.
5 December 1683.
By the Grace of God, Johann Georg the Third,
Duke of Saxony, Jülich, Cleves and Berg etc.,
Elector etc. Worthy, learned, dear, devout and
faithful followers! As We have been informed
that hitherto all kinds of books which have been
forbidden by Imperial decrees and the statutes of
the constituent States, as well as pamphlets,
defamatory, scandalous and blasphemous
ions, writings, which in some cases may have a
dangerous and prejudicial effect on the public,
have been imported into Our lands and sold, and
sometimes even printed here and there without
indicating the authors or the place and year of
publication, which runs completely counter to
the many decrees that have been issued and to
the oath sworn by printers; We therefore request
you hereby to arrange for investigations to be
carried out in Leipzig with the utmost diligence,
so as to ascertain whether there are any such
forbidden printed goods in the city, and to send
us a most obedient report thereof; you are also to
summon all booksellers, traders, printers and
bookbinders to your presence and enjoin them to
refrain from importing and printing such
infamous, offensive, and useless works, on pain
of incurring Our severe punishment, and also to
instruct them that no one may print anything that
hasn’t been duly censored. The censors, for their
part, are to take great care, and in cases of doubt
they must always submit a report thereon to Our
Supreme Consistory and then await Our further
instructions. Such is Our will. Date: Dresden,
5 December 1683.
Carl, Baron of Friesen.
Th. Werner
To Our worthy, learned, dear,
devout and faithful followers;
to Joh. Adam Schertzer, Doctor
of Theology, Professor, Adviser
to the Consistory; and to the city
council of Leipzig.
Mandate,
Against offensive works, lampoons, copper engravings and pamphlets, as well as
concerning the censorship of books, the reprinting of privileged ones, and
the sending in of copies in due course of time.
27 February 1686.
By the Grace of God, We, Johann Georg the
Third, Duke of Saxony, Jülich, Cleves and Berg,
Archmarshal and Elector of the Holy Roman
Empire, Landgrave of Thuringia, Margrave of
Meissen, as well as of the Upper and Lower
Lausitz, Burggrave of Magdeburg, Princely Count
Of Henneberg, Count of the Mark, Ravensberg,
and Barby, Lord of Ravenstein, have arranged to
hereby inform all and sundry printers and book
sellers who are based in Our lands, as well as
those who take part in the Leipzig fairs or who
otherwise sell their books in Our Electorate and
the territories incorporated into it, of how for quite
a while We have been observing how various
abuses have been spreading in the book printing
and selling trade, since contrary to the beneficial
statutes of the Holy Roman Empire as well as to
decrees issued on many occasions by Us and Our
ancestors who are resting in God, some people
are presuming to print and sell all kinds of offensive
works and pamphlets, without indicating the authors
and place of publication, are carrying out illicit,
selfish reprinting even of books that have been
privileged by Us, are failing to keep within the
bounds when it comes to charging for, and selling,
their books – instead of which they proceed as it
suits them, overcharging buyers in their greed for
excessive profit – are venturing to either keep for
Chapter 1 Page 8
themselves the copies which, according to the
privileges they have received from Us for their
books, they are supposed to send in, or fail to
do so in due course of time, and are acting counter
to Our many orders concerning the censorship of
books.
Since We are not inclined to tolerate such
irresponsible and punishable activities any longer,
but, on the contrary, are determined to forcefully
and effectively prevent the aforesaid abuses and
disorders, We therefore earnestly order hereby all
printers, booksellers, and copper-plate engravers
living in Our Electorate and lands, as well as those
booksellers and engravers who visit the Leipzig
fairs, or who otherwise sell their books, works,
and engravings in Our lands, that – on pain of
confiscation of their books, closure of their shops,
and other severe punishments as the case may be –
henceforth none of them whosoever shall presume
to put in print, engrave, or offer for sale publicly
or secretly, any offensive works, lampoons, copper
plate engravings and pamphlets, both in religious
and political matters. Moreover, none of them
shall print any books that haven’t been examined
by censors or which do not state the place of
publication or the names of the authors and
publishers; they shall not take advantage of people
by charging them excessive prices in an un-
Christian thirst for profit; and they are to refrain
from illicit reprinting which causes great harm to
those who have honestly acquired books from
their authors and who may well have obtained
privileges for them. Printers and booksellers
should, on the contrary, be intent upon bringing
out, acquiring and selling, for fair and reasonable
prices, works that are edifying, useful, and good.
Those who have received privileges from Us for
their books are to print these word for word at the
beginning of the latter, and they must also deliver,
during the first week of the Leipzig fair, to the
Treasury official in Leipzig who is responsible for
books, the number of copies due according to the
respective privileges (these copies should be
properly collated and have no defects). Where
someone fails to do this, he must, by the end of
the second week, deliver twice that number of
copies. Moreover, where someone fails to
deliver any copies whatsoever during the first
fair at which he starts selling his books, he is to
forfeit all copies and his privilege: this punishment
will be executed without fail. Thus, everyone now
knows what he has to pay heed to and that he
must observe what We have decreed after good
consideration in order to avoid coming to grief
and incurring punishment. In proof of which We
have signed this mandate with Our own
signature, knowingly affixed Our Electoral privy
seal to it, and also arranged for it to be printed so
that it comes to everyone’s knowledge. Done at Dresden,
on 27 February 1686.
Johann Georg, Elector,
(place of seal)
Carl, Baron of Friesen,
Theod. Werner, S.
Mandate,
To the effect that infamous works – in particular, all kinds of prejudicial newspaper
articles and frequently false reports – are to be assiduously investigated.
18 March 1702.
By the Grace of God, Fredrick Augustus, King
of Poland, Duke of Saxony, Jülich, Cleves, Berg,
Engern, Westphalia, Elector etc. Dear faithful
followers, We have noticed that both the
circulation and publication of all kinds of
infamous works and lampoons against high and
low seem to have spread almost everywhere, and
that these pasquinades are even affixed to street-
corners and thrown into people’s houses. We have
also often seen in the foreign newspapers how all
kinds of unfavourable commentaries and many
prejudicial, frequently false, reports have been
written and filed both from here and Leipzig.
Since both these tendencies cause Us the greatest
displeasure and We are not willing to permit either
the publication of such infamous works or the
filing of such unwarranted articles, We herewith
demand of you that you assiduously watch out for
suchlike activities in your city, and that regarding
any such infamous works and pasquinades that
have appeared or may appear in future in your city –
even if these are just directed against private persons –
as well as regarding any inappropriate newspaper
reports of the kind mentioned above that have
appeared so far and any that appear in future,
you carry out the most rigorous investigations
and, where the authors can be got hold of, you
have them arrested if upon consideration you
think this necessary; and that in every case you
submit a report to Us here so that We may
decide what further measures are to be taken
and so that such authors are punished not just in
accordance with the obtaining laws, but,
depending on the circumstances, also with
extraordinary, more severe punishments,
whereby this is to apply to everyone without
distinction. Such is Our will. Date: Dresden,
18 March 1702.
J. B. Birnbaum,
Johann Frost, S.
To Our dear faithful followers,
the city council of Leipzig.
Rescript
To the consistories and universities, against prohibited books and works which
are published without the names of their authors, as well as an order
that printers shall pledge themselves under oath to
proceed as required. 24 July 1711.
By the Grace of God, Frederick Augustus, King of
Poland, Duke of Saxony etc. Worthy, learned,
dear, devout, and faithful followers! You are of
course aware of how, regarding the swearing in of
printers and the redressment of those abuses which
have been spreading throughout the printing and
bookselling trade, various orders have been
issued to this purpose and how public notices
and open letters to this effect have also been
produced.
However, since notwithstanding this and
the earnest warnings that have been made on
these occasions, the printing and sale of all kinds
of infamous and prohibited works and pamphlets
Chapter 1 Page 9
are once again becoming widespread in these
lands, and, moreover, so far everyone, almost
without the least fear, has been presuming to
write works attacking Our high laws and to
either disparage these or otherwise affirm all kinds
of unfavourable things about them, which is not
just intolerable and punishable in itself, but is also
earnestly forbidden and prohibited in the Imperial
laws; and since We are therefore not prepared to
tolerate such irresponsible and unlawful activities
any longer, but, on the contrary, are determined to
emphatically put an end to the aforesaid harmful
abuses and disorders,
Our request to you is herewith as follows:
you are to see to it most carefully that all that has
been decreed on various occasions concerning the
swearing-in of printers and the censorship of their
books is observed without fail, and that henceforth
no such pamphlets, defamatory and other
worthless works and, in general, no books in
which the authors aren’t named (unless this has
been done so with Our knowledge and consent)
are printed in Our lands. You are also to
assiduously make sure that any such books which
have been printed elsewhere are not sold or
circulated to the public in these Our territories;
such works you are to confiscate immediately
and send all seized copies here. In particular,
you are also to look out for any attempts to
belittle Our high laws or to act in any other way
that is detrimental to them, and if anything of the
sort should arise, you are to most humbly report
this to Us immediately so that We may decide
on the further measures to be taken. Such is Our
will. Date: Dresden, 24 July 1711.
Mandate,
To the effect that all printers – both at the universities and in other places – may not
print anything without censorship, and that they must indicate the true
author and place of publication on the title-page; as well as
the text of the oath which is to be sworn for
this purpose. 24 April 1717
Frederick Augustus, King and Elector etc. For
quite a while We have had cause to observe, with
great displeasure, how little care is put into
censoring the books and works which are meant to
be printed in Our Electorate and lands – in
particular, here in Leipzig – and how the
beneficial instructions which have been issued for
this purpose, partly by Ourselves and partly by
Our ancestors and predecessors in the dignity of
Elector, are disregarded completely and how, on
the other hand, all kinds of disorders and abuses
have been introduced.
But since such disarray is by no means to
be tolerated, We therefore graciously and earnestly
request the following: that you put greater care
into this matter and arrange for censorship to be
carried out in the way that is demanded by the
university regulations, the inspection decree and
other directives issued in relation to this, as well as
by the religious settlement in the Peace of
Westphalia; and that, in general, you shall not
tolerate or decree the printing of anything –
however insignificant it may be – that hasn’t
passed through censorship. This is by all means
also to apply to books and works which have
already been printed in other places, so that neither
here nor anywhere else in Our lands may any book
be reprinted or sold unless it has previously been
examined to ascertain whether it contains anything
contrary to God, His Holy Word, and to the
confession of faith which was introduced into Our
lands from the Reformation onwards, as well as
anything against Us and Our Electoral House’s
laws and interests, or, finally, anything that runs
counter to good habits and decency – irrespective
of whether the given book is based on a historical
or a doctrinal exposition, since one is as bad as the
other, except, that is, where the book deals with a
theological controversy and a sound refutation
provided by the Theological Faculty has been
included in it – whereby if, contrary to Our best
expectations, the censoring is not carried out
properly or with sufficient care, We shall not fail
to take the negligent censor to task and have him
earnestly punished as We see fit. In such a case, he
will not be able to get away with the excuse that
he had read through only the first sheet and
signed that, whereas the rest he had just looked
at perfunctorily and cursorily, so that he didn’t
know whether or not the book also included
appendices and other addenda: on the contrary, a
censor is obliged to sign not just the first sheet,
but also the last, and must be able to account for
everything else too that is contained in the
remaining, middle sections of the text right up to
the end. As for the booksellers and printers, you
are to sternly inform them – and in the case of
the latter, to make them all take an oath to this
effect – that they shall not print the least thing
without the complete approbation of the censors
appointed for this, on penalty of severe, in some
cases even capital, punishment. For the purpose
of this swearing-in, a special directive bearing
today’s date has been issued to the Book
Commission here in Leipzig.
There follows
the wording of such an oath:
I, ***, swear that in future I will not
print anything without having previously
informed, and obtained the signature of, the
Dean of the Faculty in Leipzig or Wittenberg, at
which the subject of the work I have been given
to print is taught, or of the person who is
entrusted with this by the Dean – in the case of
poetic and literary works too, I will not print
anything without the signature of the
Superintendent in ** or of whosoever he may
have assigned this task to. Nor will I for my part
ever allow my staff [in the printing-works] or
anyone else to do such a thing, whether openly
or secretly, or by any other means or way that
could or might be devised by human cunning.
And I will never act differently in this respect,
neither for the sake of bribes, gifts, envy or
friendship, nor for any other reason. On the
whole, in my printing work I will always conduct
myself in accordance with the regulations of the
Holy Roman Empire and the Electorate of Saxony.
Fideliter, sine fraude et dolo [Faithfully, without
any intention of deceit], so help me God, through
Jesus Christ our Lord.
Translation by: Luis Sundkvist