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Petition from and Privilege granted to Antonio Tempesta for a map of Rome (1593)
Source: Vatican Secret Archives, Sec. Brev. Reg. 208 F. 74
Citation:
Petition from and Privilege granted to Antonio Tempesta for a map of Rome (1593), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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6 translated pages
Chapter va Page 1
[74r]
October 93
Pope Clement VIII
[1-8] For the future memory of the matter. Since, just as we have heard it, the beloved son Antonio Tempesta, a Florentine lay painter in this nourishing city, has contrived and layed out a new representation of the city of Rome, and has engraved it in bronze tablets, not without his own great expense and labor of some years, and since he intends to contrive and engrave other plans of places and cities of this kind; we therefore, lest others seeking profit from another’s labor snatch the fruit from his industry, are willing to provide for an indemnity for Antonio himself, and to honor him with the favor of special grace,
[9-20] We grant and indulge, in the tenor of the present decrees, to the same Antonio by motu proprio and from our certain knowledge, that for a decade to be counted from this day, absolutely no men of whatever situation they are or may be, except for Antonio himself and his heirs or those holding cause and responsibility from them for a time, may print or arrange to be printed, or perhaps hold or display the printed things for sale, or otherwise in any way transfer them to another, under whatever excuse or affected pretext, publicly or secretly, in any places or nations, the said plan of the city of Rome, in whatever form greater or smaller by a little, or different in any way from that form, in which it has been accustomed to be printed up until now, and also whatever other plans of places and of the city of this kind, which he will have devised, and arranged to be engraved in bronze tablets. Therefore we strictly restrain and forbid each and all other painters, and whatever printers and booksellers and other persons
Chapter va Page 2
[74v]
[1-8] in whatever places, both in bountiful city {of Rome} itself and in other lands and places subject to us and to the Holy Roman Church directly or indirectly, under penalties of the loss of the typefaces and also of five hundred gold cameral ducats, to be brought in halves, one part clearly to the Apostolic treasury, the other to Antonio himself, and the penalties are to be incurred and to be weighed out unpardonably by the violators, without another judicial declaration or decree, with the deed done, as often as there is a violation, so that, for the aforesaid decade, they do not dare to print the aforesaid plans, or to arrange for them to be printed or to sell them or to hold them for sale.
[8-20] We order each and every of our beloved sones in our ecclesiastical state -- legates, vicelegates, envoys, mayors, judges, power, Barisellii, and others to whom this decree pertains or will pertain for a time -- so that they will take care that [these] decrees are observed in each of our jurisdictions, and [we order] them, as often as they are requested on behalf of the said Antonio and his heirs or those holding the right and responsibility from them, or as often as any one of them is requested, assisting them in these decrees by the protection of effective legal prosecution, to carry out these decrees and to cause them to be observed, with respect to each and every one of his requests, against disobedient men and any rebels, by ecclesiastic censures and other suitable remedies of law and deed. Notwithstanding any decrees and apostolic ordinances, and established laws, and other things to the contrary whatsoever. Dated in Rome at Saint Marks under the Piscatory Ring on the thirteenth day of October 1593, in the second year of our Papal office.
M. Vestrio Barbiani
Chapter va Page 3
Draft Privilege
[75 r]
Pope Clement VIII
[1-8] For the future memory of the matter. Since, just as we have heard it, the beloved son Antonio Tempesta, a Florentine lay painter in bountiful city {of Rome}, has contrived [to] [and delineated] [has engraved it in bronze tablets] a new plan [XXX] of the city of Rome as it now lies, and has engraved it in bronze tablets with his own great expense and with a labor of some years, and [since he intends to contrive and engrave other plans of places and cities of this kind]; we therefore, lest others seeking profit from foreign labor snatch the fruit from his diligence, willing to provide for an indemnity [XXX] for Antonio himself, and to bestow him with the favor of special grace,
[8-20] grant and indulge, in the tenor of the present decrees, to the same Antonio by motu proprio and from our certain knowledge, that for a decade to be counted from this day, absolutely no men of whatever situation they are or may be, except for Antonio himself and his heirs or those holding cause and responsibility from them for a time, may print or arrange to be printed, or perhaps hold or display the printed things for sale,or indeed to give it away in return for something or as a gift or otherwise in any way transfer them to another, under whatever excuse or affected pretext, publicly or secretly, in any places or nations, and if it happens that the said plan is reformed by our apostolic authority at whatever time the said plan of the city of Rome in whatever form greater or smaller by a little, or different in any way from that form, in which it has been accustomed to be printed up until now, or anything else concerning to him [and also whatever other plans of places and of cities of this kind, which he will have devised, and arranged to be engraved in bronze tablets],
[20-26] Therefore we strictly restrain and forbid each and all other painters, and whatever printers and booksellers and other persons in whatever places, [both in the bountiful city {of Rome} itself and in other lands and places subject to us]under the penalty of excommunication and latae sententiae and in the lands and to the Holy Roman Church directly or indirectly, under penalties of a sentence of excommunication far and wide, and of the loss of types and also of five hundred gold cameral ducats, to be brought in halves, one part clearly to the Apostolic treasury, the other to Antonio himself,
Chapter va Page 4
[75v]
[1-3] and the penalties are to be incurred and to be weighed out unpardonably by the violators, without another judicial declaration or decree, with the deed done, as often as there is a violation,
[3-5] so that, for the aforesaid decade, they do not dare to print the aforesaid plans, or to arrange for them to be printed or to sell them or to holdplace them for sale.
[5-21] We order in our ecclesiastic position each and all the beloved son legates, vicelegates, envoys, mayors, judges, powers, Barisellii, and others whom this decree beholds and will behold for a time, [XXX] to undertake for the decree to be observed in each of their jurisdictions, and we order them, as often as they are requested on behalf of the said Antonio and his heirs or those holding the right and responsibility from them, or as often as any one of them is requested, assisting them in these decrees by the help protection of effective legal prosecution, to carry out these decrees and to cause them to be observed, with respect to each and every one of his requests, against disobedient men and any rebels, by ecclesiastic censures and other suitable remedies of law and deed. Let him call upon the help of the secular arm, if there is need of it in this matter.ii Notwithstanding any decrees and apostolic ordinances, and established laws, and other things to the contrary whatsoever. Dated in Rome at Saint Marks under the Piscatory Ring on the thirteenth day of October 1593, in the second year of our Papal office.
ii Underlined sentence is absent from the clean version of the privilege (74v).
Chapter va Page 5
Petition
[76r]
Holy Father
[1-12] Antonio Tempesta, Florentine painter, having in this city published a work of new Rome, of which he is not only the creator, but also has designed and engraved it with his own hand, with much personal expense, effort, and care for many years, and fearing that others may usurp this work from him for themselves by copying it, and consequently gather the fruits of his efforts, therefore approaches Your Holiness and humbly requests him to deign to grant him a special privilege as is usually granted to every creator of new works, so that no one in the Papal State may for ten years print, have printed, or have others make the said work, and [further requests] that all other works that the Supplicant shall in the future create or publish with permission of the superiors may enjoy the same Privilege as well so that he may with so much greater willingness attend to and labor every day to create new things for the utility of all, and for his own honor, because he will receive the singular privilege from Your Holiness.
Chapter va Page 6
Translation by:
Source: Vatican Secret Archives, Sec. Brev. Reg. 208 F. 74
Citation:
Petition from and Privilege granted to Antonio Tempesta for a map of Rome (1593), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
6 translated pages
Chapter va Page 1
Superscript = inserted by original or different author between lines
[ ] = inserted by original or different author in margin
{ } = supplied by transcribers
Bold script = written in a different hand
Strike through = crossed out, but legible
[XXX] = illegible
[74r]
October 93
Pope Clement VIII
[1-8] For the future memory of the matter. Since, just as we have heard it, the beloved son Antonio Tempesta, a Florentine lay painter in this nourishing city, has contrived and layed out a new representation of the city of Rome, and has engraved it in bronze tablets, not without his own great expense and labor of some years, and since he intends to contrive and engrave other plans of places and cities of this kind; we therefore, lest others seeking profit from another’s labor snatch the fruit from his industry, are willing to provide for an indemnity for Antonio himself, and to honor him with the favor of special grace,
[9-20] We grant and indulge, in the tenor of the present decrees, to the same Antonio by motu proprio and from our certain knowledge, that for a decade to be counted from this day, absolutely no men of whatever situation they are or may be, except for Antonio himself and his heirs or those holding cause and responsibility from them for a time, may print or arrange to be printed, or perhaps hold or display the printed things for sale, or otherwise in any way transfer them to another, under whatever excuse or affected pretext, publicly or secretly, in any places or nations, the said plan of the city of Rome, in whatever form greater or smaller by a little, or different in any way from that form, in which it has been accustomed to be printed up until now, and also whatever other plans of places and of the city of this kind, which he will have devised, and arranged to be engraved in bronze tablets. Therefore we strictly restrain and forbid each and all other painters, and whatever printers and booksellers and other persons
Chapter va Page 2
[74v]
[1-8] in whatever places, both in bountiful city {of Rome} itself and in other lands and places subject to us and to the Holy Roman Church directly or indirectly, under penalties of the loss of the typefaces and also of five hundred gold cameral ducats, to be brought in halves, one part clearly to the Apostolic treasury, the other to Antonio himself, and the penalties are to be incurred and to be weighed out unpardonably by the violators, without another judicial declaration or decree, with the deed done, as often as there is a violation, so that, for the aforesaid decade, they do not dare to print the aforesaid plans, or to arrange for them to be printed or to sell them or to hold them for sale.
[8-20] We order each and every of our beloved sones in our ecclesiastical state -- legates, vicelegates, envoys, mayors, judges, power, Barisellii, and others to whom this decree pertains or will pertain for a time -- so that they will take care that [these] decrees are observed in each of our jurisdictions, and [we order] them, as often as they are requested on behalf of the said Antonio and his heirs or those holding the right and responsibility from them, or as often as any one of them is requested, assisting them in these decrees by the protection of effective legal prosecution, to carry out these decrees and to cause them to be observed, with respect to each and every one of his requests, against disobedient men and any rebels, by ecclesiastic censures and other suitable remedies of law and deed. Notwithstanding any decrees and apostolic ordinances, and established laws, and other things to the contrary whatsoever. Dated in Rome at Saint Marks under the Piscatory Ring on the thirteenth day of October 1593, in the second year of our Papal office.
M. Vestrio Barbiani
Chapter va Page 3
Draft Privilege
[75 r]
Pope Clement VIII
[1-8] For the future memory of the matter. Since, just as we have heard it, the beloved son Antonio Tempesta, a Florentine lay painter in bountiful city {of Rome}, has contrived [
[8-20] grant and indulge, in the tenor of the present decrees, to the same Antonio by motu proprio and from our certain knowledge, that for a decade to be counted from this day, absolutely no men of whatever situation they are or may be, except for Antonio himself and his heirs or those holding cause and responsibility from them for a time, may print or arrange to be printed, or perhaps hold or display the printed things for sale,
[20-26] Therefore we strictly restrain and forbid each and all other painters, and whatever printers and booksellers and other persons in whatever places, [both in the bountiful city {of Rome} itself and in other lands and places subject to us]
Chapter va Page 4
[75v]
[1-3] and the penalties are to be incurred and to be weighed out unpardonably by the violators, without another judicial declaration or decree, with the deed done, as often as there is a violation,
[3-5] so that, for the aforesaid decade, they do not dare to print the aforesaid plans, or to arrange for them to be printed or to sell them or to hold
[5-21] We order in our ecclesiastic position each and all the beloved son legates, vicelegates, envoys, mayors, judges, powers, Barisellii, and others whom this decree beholds and will behold for a time, [
ii Underlined sentence is absent from the clean version of the privilege (74v).
Chapter va Page 5
Petition
[76r]
Holy Father
[1-12] Antonio Tempesta, Florentine painter, having in this city published a work of new Rome, of which he is not only the creator, but also has designed and engraved it with his own hand, with much personal expense, effort, and care for many years, and fearing that others may usurp this work from him for themselves by copying it, and consequently gather the fruits of his efforts, therefore approaches Your Holiness and humbly requests him to deign to grant him a special privilege as is usually granted to every creator of new works, so that no one in the Papal State may for ten years print, have printed, or have others make the said work, and [further requests] that all other works that the Supplicant shall in the future create or publish with permission of the superiors may enjoy the same Privilege as well so that he may with so much greater willingness attend to and labor every day to create new things for the utility of all, and for his own honor, because he will receive the singular privilege from Your Holiness.
Chapter va Page 6
Translation by: