# Primary Sources on Copyright - Record Viewer
Petition of and Privilege to Orazio Torsellini for his History of the House of Loreto, Rome (1598)

Source: Vatican Secret Archives Sec. Brev. Reg. 266 F. 50 (1598)

Citation:
Petition of and Privilege to Orazio Torsellini for his History of the House of Loreto, Rome (1598), 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

3 translated pages

Chapter 1 Page 1


Superscript = inserted by original or different author between lines

[ ] = inserted by original or different author in margin

{ } = supplied by transcribers

Bold Script [or] Script or scribble = written in a different hand(s)

Strike through = crossed out, but legible

[XXX] = illegible

Sec Brev. Reg. 266 F 50

Petition

Most Reverend Monsignor [addressed to Cardinal]

I have been six or seven times to the home of Your Most Reverend Holiness to hand over to you (in conformity with your orders) my History of Loreto, and due to various happenstances I have never been able to speak with you.  Finally, having heard that you leave home early in the morning and remain for lunch at the palace and often do not return until late in the evening, I resolved to send you the present letter, for which I excuse myself for having to do by this means what I had wished to do orally.

Yesterday the Cardinal of Camerino, as Vice Protector of the holy house of Loreto sent one of his men to tell me that he had in any event spoken with His Holiness concerning the said History, and had implored the grace of a privilege for the Papal States, and that he had moreover spoken about this with your Most Reverend Holiness.  I now pray you, for the love and reverence you bear to the Most Holy Madonna, to be willing to obtain the expediting of the said privilege as soon as possible, so that the publication of the work be not further delayed. For which I will remain in your perpetual debt.  And you will be sure not to be without your well-bound copy of the book.  [Sent from] our Collegio on the 11th day of December 1597.

The most affectionate servant in Christ of your Most Reverend Holiness

Orazio Torsellini

I remind you that it does not matter to me that the privilege extend beyond the Papal States.




Chapter 2 Page 1


Superscript = inserted by original or different author between lines

[ ] = inserted by original or different author in margin

{ } = supplied by transcribers

Bold Script [or] Script or scribble = written in a different hand(s)

Strike through = crossed out, but legible

[XXX] = illegible

Translation from the Handwritten Privilege

[1-10] For the future memory of the matter: we have learned that our dear son, Orazio Torsellini a cleric of the Society of Jesus [Jesuit Order], has compiled written down the history of the Sacred House of the Madonna of Loreto with much studiousness and diligence, and intends to bring to light [the work] for the spiritual comfort of the pious faithful. But he hesitates, fearing that if anyone at all is permitted to print such a history, it may be full of errors and defects. Therefore he humbly supplicated himself before us, so that we would - out of our Apostolic benevolence - see fit to favorably provide [in this matter].

[10-12] We, therefore, wish to grant this Orazio special favors and goodwill, judging [him absolved] from whatever [sentences of] excommunication, etc.

[12-23] This type of supplication influences us favorably towards this Orazio. Therefore, for the next decade (counted from the first printing of this History) nobody in either the city or anywhere else in the whole of our Ecclesiastical State, whether subject directly or indirectly to the Holy Roman Church, may print the aforementioned History in either Latin or in the common Italian tongue [and] in either small or large format, nor can they sell a printed copy or hold one for sale without the special permission of [either] Orazio or those who have permission from him, with the Apostolic authority we permit and grant [the privilege] in the tenor of the present proceedings.

[23-45] And thus to each and every person of both sexes, particularly the Christian printers and sellers of books—during the said decade—either in the city or elsewhere, whether subject directly or indirectly to the said Ecclesiastical state: lest they presume to sell the aforementioned History in whatever dialect, without the specific permission of the named Horatius, or of those who hold rights from him, or lest they dare to hold it for sale, or to display it, we restrain them under the penalty of five-hundred ducats of gold (the type which is used by the Apostolic treasury)—one part for the Apostolic Treasury, and another part for the said Horatius (or for those who possess a license from him), and the remaining third part to the accusers and to the executing Judge; and of the loss of books and of types from the aforementioned Horatius, and aforementioned penalties will be applied equally to them, and will be incurred for each violation; and to our dear children of the Holy Roman Church, the chamberlain, and the Legates of the Apostolic seat, the Vicelegates, the Governors, and other ministers of Justice, and others whom it concerns, we command that it is necessary to help the same Horatius, and those above-written having cause from him that they assist the decree by the protection of effective legal prosecution, that they carry out the aforementioned penalties unwaveringly against whoever opposes him.

[45-53] Notwithstanding any decrees, apostolic declarations, statutes, customs--even [those] strengthened by oath, apostolic confirmation, or any other force--as well as privileges, indulgences, apostolic letters that go against the decrees, however granted, confirmed, and approved: we expressly and particularly in this matter derogate from each and every one of these things to the extent that they have legal force inconsistent with what has been presently been expressed, as well as from  all other things contrary whatsoever.

[53-57] We wish, however, that the same credit should be fully applied to copies of the present decrees, also printed in the History itself, underwritten by the hand of some notary public, and protected by the seal of a person situated in ecclesiastical dignity, as would be applied to these present ones.

[58-60] Dated in Rome at Saint Peter’s [under the Ring of the Fisherman], January 5th, 1598. In the sixth year of our pontificate.

M. Vestrius Barbianus

[53v]

For Orazio Torsellino, a Jesuit priest,

a privilege to prevent the printing of a

History of the Church of Loreto

[52v]

For

the history of the Sacred

House {of Loreto}

December 12

1597

His Holiness was content

so that XXX

XX XXX dal in

the Ecclesiastical state

Monsignor Marc Antonio

so that he makes the memo

It is written

to the most Reverend Monsignor Secretary

Marcello Vestrio




Chapter 3 Page 1


Superscript = inserted by original or different author between lines

[ ] = inserted by original or different author in margin

{ } = supplied by transcribers

Bold Script [or] Script or scribble = written in a different hand(s)

Strike through = crossed out, but legible

[XXX] = illegible

Translation from the Printed Privilege

[1-10] For the future memory of the matter: we have learned that our dear son, Horatius Torsellini [Orazio Torsellino] Religiosus of the Society of Jesus [Jesuit Order], has compiled written down the history of the Sacred House of the Madonna of Loreto with much studiousness and diligence, and intends to bring to light [the work] for the spiritual comfort of the pious faithful. But he hesitates, fearing that if anyone at all is permitted to print such a history, it may be full of errors and defects. Therefore he humbly supplicated himself before us, so that we would - out of our Apostolic benevolence - see fit to favorably provide [in this matter].

[10-12] We, therefore, wish to grant this Horatius special favors and goodwill, [and absolve him of] whatever ecclesiastical judgments, censures, and penalties by law - of excommunication, suspension, or prohibition, or other [penalties], either brought by a person on whatever occasion, or brought [by whatever] lcause. If [oneOrazio] is implicated by any one for any reason, we give effect to the present decrees to this extent, [either] absolving him of these things in turn, [or] judging that he will be absolved.

[12-23] This type of supplication influences us favorably towards this Horatius. Therefore, for the next decade (counted from the first printing of this History) nobody in either the city or anywhere else in the whole of our ecclesiastical state, whether subject directly or indirectly to the Holy Roman Church, may print the aforementioned History in either Latin or in the common Italian tongue [and] in either small or large format, nor can they sell a printed copy or hold one for sale without the special permission of [either] Horatius or those who have permission from him, with the Apostolic authority we permit and grant [the privilege] in the tenor of the present proceedings.

[23-45] And thus to each and every persons of both sexes, particularly the Christian printers and sellers of books—during the said decade—either in the city or elsewhere, whether subject directly or indirectly to the said Ecclesiastical state: lest they presume to sell the aforementioned History in whatever dialect, without the specific permission of the named Horatius, or of those who hold rights from him, or lest they dare to hold it for sale, or to display it, we restrain them under the penalty of five-hundred ducats of gold (the type which is used by the Apostolic treasury)—one part for the Apostolic Treasury, and another part for the said Horatius (or for those who possess a license from him), and the remaining third part to the accusers and to the executing Judge; and of the loss of books and of types from the aforementioned Horatius, and aforementioned penalties will be applied equally to them, and will be incurred for each violation; and to our dear children of the Holy Roman Church, the chamberlain, and the Legates of the Apostolic seat, the Vicelegates, the Governors, and other ministers of Justice, and others whom it concerns, we command that it is necessary to help the same Horatius, and those above-written having cause from him that they assist the decree by the protection of effective legal prosecution, that they carry out the aforementioned penalties unwaveringly against whoever opposes him.

[45-53] Notwithstanding any decrees, apostolic declarations, statutes, customs--even [those] strengthened by oath, apostolic confirmation, or any other force--as well as privileges, indulgences, apostolic letters that go against the decrees, however granted, confirmed, and approved: we expressly and particularly in this matter derogate from each and every one of these things to the extent that they have legal force inconsistent with what has been presently been expressed, as well as from  all other things contrary whatsoever.

[53-57] We wish, however, that the same credit should be fully applied to copies of the present decrees, also printed in the History itself, underwritten by the hand of some notary public, and protected by the seal of a person situated in ecclesiastical dignity, as would be applied to these present ones.

[58-60] Dated in Rome at Saint Peter’s under the Ring of the Fisherman, January 5th, 1598. In the sixth year of our pontificate.

M. Vestrius Barbianus




Translation by: Jane C. Ginsburg

    

Our Partners


Copyright statement

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

You may not publish these documents for any commercial purposes, including charging a fee for providing access to these documents via a network. This licence does not affect your statutory rights of fair dealing.

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


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