# Primary Sources on Copyright - Record Viewer
Juan Curiel as Censor , Oxford (1752)

Source: Bodleian Library, Oxford, scanned from Novísima recopilación de leyes de España, [Madrid] Impresa en Madrid 1805-1807, vol. 4, pp. 132-135; shelfmark: Spain 30 N944a

Citation:
Juan Curiel as Censor , Oxford (1752), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Chapter 1 Page 1



ACT XXII.


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



Chapter 1 Page 2







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

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



Chapter 1 Page 3







Moreover, as this malice is unjustified, the
sentence applicable shall be for six years im-
prisonment and a fine of two hundred
ducats for any such offender.
            6. However, as it was possible to print
before any legal information, manifests and
legal defences, if signed by the Lawyers with-
out a licence from the Council; hereinafter,
pursuant to the last Royal Decree of 12
December 1749, no printer can print these
legal papers, manifests or legal defences,
or any similar ones, without having sub-
mitted the original beforehand to the
Council or Court before which the business
is pending. Once they have examined
it, the necessary licence will then be granted
for printing. After this, certificates will be
delivered to the printer. There will be a fine
for printing the above-mentioned papers
of two hundred ducats and perpetual
deprivation of being a printer, however
small they might be, without having deli-
vered the certificate beforehand together
with the licence as stated above: And the
author and whoever requests the printing
and puts the papers together shall also
incur in the same fine. The privileged
evidence shall be sufficient justification.
            7. Printers who do not hold secret
presses, or who impede the Corrector to
enter their houses to inspect and register
them; except if they show a superior order
to prevent the Corrector from entering to
undertake his inspection and register.
            8. Regarding the price assessment,
which must be put at the beginning of
the books, not only to state, as enforced
hitherto, the price of every sheet, but
the amount and price at which the book should
be sold, as per the certificate of the Notary of
the Chamber; this price assessment is the rate at
which the book must be sold.
            9. No Papal bulls, thanks, pardons,
indulgences, or jubilees can be printed with-
out preceding the form given in Law 5.
            10. As reprinting primers for teaching
children, synodal constitutions , arts of
Grammar, vocabularies, and other Latin
studies, are not new works but have
already been printed in these kingdoms,
although they can be re-printed without sub-
mitting them to the Council or preceded by
a licence, they cannot be re-printed without a
licence from the Ordinaries or Prelates in
their districts and diocese; and licences
granted in this way, must be placed at the
beginning of every book under sentence of
losing all property and perpetual exile from
the kingdom for whoever made, printed or
sold it otherwise.
            11. The same applies to printers with
licences issued by the General Inquisitor and
those from the Council of the Holy and
General Inquisition as these pertain to
matters concerning the Holy Office and those
awarded by the Commissioner General of the
Holy Crusade regarding Papal bulls and other
things pertaining to that Council. These must
appear at the beginning of the book.
            12. Any books, gazettes and whatever
others are printed on thin paper, similar to
that of the Capelladas factories; and in no way
on ordinary paper, which is commonly called
printing paper, under sentence of losing the
works and 50 ducats as a first-time fine,
and other more serious ones for repetitions.
            13. Moreover, no bookseller or book
dealer or anyone else can sell or introduce
into these kingdoms any books or works in
Romance compiled by nationals from these
kingdoms, any printers beyond them, without
a special royal licence, under threat of death and
loss of their property. In addition, this death
sentence imposed by law can be exchanged for
four years imprisonment and can be increased
as per the contumacy.
            14. These dealers and booksellers,
whether nationals of these kingdoms or
foreigners, cannot sell the printed books they
bring or introduce into them, unless they are
first assessed by the Council; one of such books
      
      
      




Chapter 1 Page 4







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

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





Translation by: Kay Leach

    

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