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Petition and Privilege for printing and distributing the Summa of St. Raymond of Peñafort, Rome (1603)
Source: Vatican Secret Archives, Sec. Brev. Reg. 339 F. 44
Citation:
Petition and Privilege for printing and distributing the Summa of St. Raymond of Peñafort, Rome (1603), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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13 translated pages
Chapter 1 Page 1
Sec. Brev. Reg. 339 F. 44 28
Petition
[44r]
Most Blessed Father
[1-13] Having had printed with the money that came from the expenses of the canonization of Saint Raymond a Summa of Cases compiled by the said Saint which many treatise writers have used for their writings, and so that in the Papal State these books could be sold without danger of other [competing] publications, Your Holiness deigned to grant to Father Brother Miquel Llot of the order of Saint Dominic a privilege so that no printer, bookseller, or any other person whatsoever might sell or print the said book in the Papal State for ten years without the express permission of the said Father Llot, and because the said books have been suspended for many years without being distributed nor satisfying the creditors, the decision was taken to sell the said books to a bookseller, and indeed Giovanni Tallini, a bookseller in Rome, has bought them, with the express agreement that the favor previously granted by Your Holiness in the said privilege to Father Llot be transferred in his [Tallini’s] favor. Therefore, the Duke of Sessa petitions Your Holiness to do him the favor of granting to the said bookseller the same favor, derogating from that of Father Llot with which in this respect some satisfaction will be given to the said creditors, and the said Duke will receive it by the most singular favor of Your holiness.
28 When translating the names of comparatively well-known figures like saints, kings, and popes, we have chosen to anglicize in order to avoid confusion. When translating the names of lesser known individuals, we have chosen contemporary spellings consistent with that person’s country of origin.
Chapter 1 Page 2
Privilege
[44r]
[1-3] For the future memory of the matter: since, as we have learned that after we had granted a privilege to our dear son, Miquel Llot, a brother of the Order of Preachers[Dominican Order], who intended to set in type the Summa of St. Raymond de Peniafort concerning Penitence and Matrimony along with the works of Johann of Freiburg, so that no one without a license license from29 him or from one holding [XXX] or legal authority from him, may print the aforementioned Summa, or, once it is printed by another, to sell it or to hold it out for sale, so that, accordingly, it may be contained more fully in our letters related above, with the matter having been abandoned by Miquel himself, or else abandoned,] our chosen son Giovanni Tallini, a bookseller in the city, has arranged to have the [aforementioned]compilation Summa of Saint Raymond cause by order set to type [at his own expense], [or he has purchased the books already printed and has arranged that the work begun by that Miquel be finished]
[3-6]intends fears lest—after he has set to type and published it—others, who seek to profit from another’s labor, will rush to set to type the aforementioned Summa to the injury and prejudice of Giovanni himself.
[6-13] We, wishing to bestow an indemnity to Giovanni Tallini himselfso that he does not suffer loss from the printing of this sort and to bestow him special favors and grace to proceed, and wishing them protected by whatever excommunications etc., and inclined by the supplications humbly brought in his name concerning this matter, grant and indulge by apostolic authority with the force of the present decrees: that during twenty the next ten years counted from the first printing of the said work,
[13-20] no one, as in the city, so too in the whole of the world directly or indirectly subject to our Ecclesiastic state, may print the aforementioned Summa, without the special permission of the said Giovanni, or his heirs and successors, or those having licensed cause, nor, having been printed, to sell them without a license of this sort from him or them, nor hold them out for sale.
29 In the original Latin, the author seems to have changed his mind as to the placement of the word licentia. Originally, it was placed at the beginning of the clause after sine, but was subsequently crossed out and placed at the clause’s end. An idiomatic English translation requires that licentia return to its original position, even though this new position is confusingly close to its crossed-out predecessor.
Chapter 1 Page 3
[44v]
[1-9] Prohibiting, meanwhile, each and everyone of either sex of the Christian faithful, especially the printers of books and the booksellers, under penalty of 500 ducats of gold (the type which is used by the Apostolic treasury) and the loss of books and types, one part to our Apostolic treasury and another part to the same Giovanni and to his heirs and successors or to those holding a cause of action from him, and the remaining third part to the accuser and executing judge, to be applied unremittingly and to be incurred as a punishment for each act,
[9-11] lest for the said ten yearsfor the duration of ten years [for the duration of twenty years] they dare or presume in whatever way to print the aforementioned summa without some sort of license, or having printed by him or by others to sell, or to hold for sale, any part of it, either in whole or in small sheets, even under pretext of deletions or additions, as in the city so too in the rest of the ecclesiastic state,
[11-21] Commanding meanwhile, the Legates as representatives of the Apostolic seat, our chosen sons, or the vicelegates of them, or presidents, governors, praetors, and other ministers of the laws of the provinces, the cities, the lands, and of other places in our aforementioned ecclesiastical state to assist with the protection of an effective legal defense whenever it shall be required, Giovanni,
Chapter 1 Page 4
Chapter 1 Page 5
Recycled Privilege
[45ar]30
Pope Clement VIII
[1-9] For the future memory of the matter. Since, as we have just learned, the beloved son Giovanni TalliniAntonio Franzini and heirs of his brother, the late Gerolamo Franzini, partner booksellers in the city, a bookseller in the city, intends to set to type the Summa of St. Raymond, and fears lest after he has published it, others, who seek profit from another’s labor, will undertake to set to type this very work, to the loss and prejudice of that very Giovanni [Anthony and the heirs].
[9-16] We, to bestow indemnity from such things, lest out of such printing he should sufferexcessive loss, and wishing to bestow those special favors and thanks, and to forbid with whatever excommunications and suspensions, and the other Ecclesiastical sentences and censures, and penalties at Law, either passed by man on whatever occasion, or by suit(?), and if he appears implicated by any one for any reason, to give effect to the present decrees, absolving him of these things in turn, and judging that he will be absolved,
[16-24] favorably disposed because of the supplications humbly laid out before us in his name concerning this matter,to the same Giovanni Antonio, and the associate successors, that for about a decade that [within the next 20 years] counted from the first printing of the said works (as long as it is approved by the Master of the Sacred Palace), no one, as in the city so too in the whole ecclesiastic state, either directly or indirectly subject to us is entitled to print the published work without the special license of the said Giovanni [Antonio] or his heirs and successors, or those having a cause of action from him or them, or having been printed to sell without some sort of license from him or others, or to have or hold out for sale, we concede and indulge in the present tenor with Apostolic authority.
[25-33] Prohibiting, meanwhile, each and everyone of either sex of the Christian faithful, especially the printers of books and the booksellers, under penalty of 500 ducats of gold from the treasury and the loss of all books and types, one part to our Apostolic treasury and another part to the same Giovanni [Antonio] and to his heirs, associates, and his successors or to those holding a cause of action from him, and the remaining third part to the accuser and executing judge, to be applied unremittingly and to be incurred as a punishment for each act,
[33-35] lest for the said ten years they dare or presume to print the published work without some sort of license, or having printed by him or by others to sell, or to hold for sale, any part of it, either in whole or in small sheets, even under pretext of deletions or additions, as in the city so too in the rest of the ecclesiastic state,
[35-38] Commanding meanwhile, by the extensive authority of the Apostolic seat, our chosen sons, or the vicelegates of them, or presidents, governors, praetors, and other ministers of the laws of the provinces, the cities, and of other places in our present ecclesiastic state...31
30 The privilege on 45ar is recycled from an older privilege, originally granted to Antonio Franzini and heirs of Gerolamo Franzini.
31 The recycled privilege ends here in mid-sentence. The second page with the rest of the text was not included in the bundle of documents associated with the Tallini privilege.
Chapter 1 Page 6
Notations
[45av]
To the holiness of our lord.
The general of the Dominican order
So that he speaks to our lord.
___________________________________
It is sought only that the XXX which has been done
by {Miquel} Llot be transferred in
favor of Giovanni Tallini -----
________________________
If it pleases your Holiness, it is able
To be done as it is sought
If XXX X for 10 eXXe of the general Order of the Dominicans
The Duke of Sessa
For
Giovanni Tallini
August 20
1603
His Holiness was content
That he entreats
To Monsignor Marc Antonio
That he makes the memo
Chapter 1 Page 7
[46v]
For Giovanni Tallini, bookseller in the city,
a privilege against printing the Summa
of St. Raymond, and revocation of whatever
privilege previously conceded through your holiness to Miquel
Llot, a brother of the aforementioned order.
The most holy supplication: the Duke of Suessa
XX may it be to XX Father General
Order of the Preachers
Who said XX XX that it is able to be expedited
If it pleases your holiness
and His Holiness was thus made content
Chapter 1 Page 8
Chapter 1 Page 9
Privilege
[Reprinted Privilege 1603 ed.]
POPE CLEMENT VIII
For the future memory of the matter
[1-8] Since, as we have learned that after we had granted a privilege to our dear son, Miquel Llot, a brother of the Order of Preachers, who intended to set in type the Summa of St. Raymond de Peniafort concerning Penitence and Matrimony along with a glossary of John of Freiburg, so that no one without a license from him or from one holding cause or legal authority from him, may print the aforementioned Summa, or, once it is printed by another, to sell it or to hold it out for sale, so that, accordingly, it may be contained more fully in our letters related above, with the project having been neglected by Miquel himself, or else abandoned, our chosen son Giovanni Tallini, a bookseller in the city, has arranged to have the aforementioned Summa of Saint Raymond set to type at his own expense, or he has purchased the books already printed and has arranged that the work begun by that Miquel be finished.
[8-19] We, wishing to bestow an indemnity to Giovanni Tallini himself and to bestow him special favors and grace to proceed, and wishing him by whatever excommunications, suspensions, and in turn absolving him from any {sentences} of excommunication, suspension, and prohibitions, and other decreed ecclesiastical sentences, and punishments by law, either from a person on any occasion, or brought by a suit, if he becomes implicated by anyone for whatever reason, to give effect to the present decrees as far as this matter is concerned, absolving him of these things in turn, and judging that he will be absolved, and inclined by the supplications humbly brought in his name concerning this matter, grant and indulge by apostolic authority with the force of the present decrees: that during the next ten years counted from the first printing of the said work, no one, as in the city, so too in the whole of the world directly or indirectly subject to our Ecclesiastic state, may print the aforementioned Summa, without the special permission of the said Giovanni, or his heirs and successors, or those having licensed cause, nor, having been printed, to sell them without a license of this sort from him or them, nor hold them out for sale.
[19-27] Prohibiting, meanwhile, each and everyone of either sex of the Christian faithful, especially the printers of books and the booksellers, under penalty of 500 ducats of gold (the type which is used by the Apostolic treasury) and the loss of books and types, one part to our Apostolic treasury and another part to the same Giovanni and to his heirs and successors or to those holding a cause of action from him, and the remaining third part to the accuser and executing judge, to be applied unremittingly and to be incurred as a punishment for each act, lest for the said ten years they dare or presume in whatever way to print the aforementioned Summa without some sort of license, or having printed by him or by others to sell, or to hold for sale, any part of it, either in whole or in small sheets, even under pretext of deletions or additions, as in the city so too in the rest of the ecclesiastic state,
[27-37] Commanding meanwhile, the Legates as representatives of the Apostolic seat, our chosen sons, or the vicelegates of them, or presidents, governors, praetors, and other ministers of the laws of the provinces, the cities, the lands, and of other places in our aforementioned ecclesiastic state to assist with the protection of an effective legal defense whenever it shall be required, Giovanni, and those already named, or those having a cause of action from them in some way, and to execute these stated punishments unremittingly against whosoever contravenes these commands, notwithstanding decrees, apostolic ordinances, and whatever statutes, and customs, and apostolic confirmations even strengthened by another statement, privilege and indulgence, and apostolic letters, contrary in whatever way to these present decrees, however granted, confirmed, and approved, and other things to the contrary.
[37-44] Moreover, we wish that the privilege granted concerning the command not to print the Summa to the said Miquel Llot as was previously conceded be deemed revoked, and annulled, and accordingly through these present decrees we revoke and annul them, and we deem it to be of no strength and importance. We furthermore wish these present decrees to be printed, even in the said Summa underwritten by the hand of some notary public and protected by the seal of a person situated in ecclesiastic dignity, and that the same faith shall attach, just as it would attach to these original letters. Given in Rome at Saint Peter’s under the ring of the Fisherman. the 5th day of November 1603, in the 12th year.
M. Vestrio Barbiani
Chapter 1 Page 10
Privilege
[1600 Edition of Summa S. Raymundi…]
Since, as in accordance with the urging of our beloved Son Miquel Llot de Ribera, a professed member of the Order of Dominican Brothers, and a Teacher of Theology, and the announcement of the Canonization of the Blessed Raymond de Peniafort, who was an Administrator in the Roman Curia, we have approved that a Summa written by that Blessed Raymond, who also compiled the Decretalia [Decretals], which was disseminated long ago in the time of the dearly departed [lit. “of happy memory”] Pope Gregory IX, our predecessor, out of which summa all other writers of summae (even the most important) selected many things for the purpose of composing their own summas, with particular mention made of that Blessed Raymond, will be printed or set to type here in Rome for the common use of all, and especially for the use and convenience of the scholars of Canon Law, with no expense spared and also having been seen and examined by the Master of the Sacred Palace [Papal censor]. Truly it may be doubted, lest, after thus [the summa] has been printed, and made available, other Printers, or Booksellers, seeking to gain from another’s industry presume to print the same summa, or to make it so that it is printed.
We, therefore, in accordance with the foregoing, and wishing to bestow Miquel himself with special favors and permission to proceed, and in turn absolving [him] from any {sentences} of excommunication, suspension, and prohibitions, and other decreed ecclesiastical sentences, and punishments by law, either from a person on any occasion, or brought by a suit, if he becomes implicated by anyone for whatever reason, to give effect to the present decrees as far as this matter is concerned, absolving him of these things in turn, and judging that he will be absolved, being favorably disposed by his supplications humbly laid out before us in his name concerning this matter, and if, both after the said summa reviewed for heretical impropriety by the Inquisitors, or by the Master of the Sacred Palace, and was deemed satisfactory for that same Miquel, so that for ten years calculated from the date of the present decrees, absolutely no one, of whatever status, rank, order, and condition, without the express license of the said Miquel, or by agreement, may print a summa of this kind, in any larger or smaller format, or sell, or hold it out for sale, or to display, or may cause it to be printed, or sold, or held out for sale, or displayed, or they may owe a fine, we grant and indulge by apostolic authority with the force of the present decrees.
In addition we more strictly prohibit everyone, and every printer of books, and the established Booksellers of whatever locales of our Ecclesiastical state, whether directly or indirectly subject to the Holy Roman Church, under penalty of the loss of their books and types, as well as of five hundred ducats of gold to the Treasury, these penalties to be incurred and to be weighed out unpardonably by the violators, without another judicial declaration, with the deed done, as often as there is a violation, so that, for the aforesaid ten years, without the express permission or agreement of the aforesaid Miquel, they do not dare to print the aforesaid Summa, or to sell it, or hold it out for sale, or display it, to have it sold or printed or held out for sale by other, or arrange for it to be displayed in any way.
Commanding all venerable brother Archbishops , Bishops, and Vicars, or officials in spiritual matters, and in our Ecclesiastical state Legates, Vicelegates, Governors, Judges, Mayors, Municipal Officers, and all those others, whom it concerns and for which they are responsible, so that as often as and whenever they are requested on behalf of the said Miquel, or any one of them is requested, assisting that Miquel in these decrees by the protection of effective legal prosecution, to carry out with our authority these decrees and cause them to be observed, with respect to each and every one of Miquel’s requests, against those who disobey or refuse, even if it requires Ecclesiastic censures and other suitable remedies of law and deed, with the help of the secular arm to be called upon also in this matter, if there is need. Notwithstanding constitutions, apostolic ordinances, statutes —strengthened by oath, apostolic confirmation, or any other reinforcement— or privileges, indulgences, and apostolic letters under whatever rulings and procedures, and with whatever conclusions, and whatever decrees that appear contrary to the foregoing, having been allowed, confirmed, and approved.
To all and each of which, we specifically and expressly detract from them in this case only, deeming the holdings of those at hand to stand for an expressed mention, and everything else whatsoever to the contrary. Given in Rome at Saint Peters, under the ring of the Fisherman, on the 15th day of May, 1600. In the ninth year of our Pontificate.
M. Vestrio Barbiani.
Chapter 1 Page 11
Chapter 1 Page 12
Chapter 1 Page 13
Translation by:
Source: Vatican Secret Archives, Sec. Brev. Reg. 339 F. 44
Citation:
Petition and Privilege for printing and distributing the Summa of St. Raymond of Peñafort, Rome (1603), 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
13 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 = written in a different hand
Strike through = crossed out, but legible
[XXX] = illegible
Sec. Brev. Reg. 339 F. 44 28
Petition
[44r]
Most Blessed Father
[1-13] Having had printed with the money that came from the expenses of the canonization of Saint Raymond a Summa of Cases compiled by the said Saint which many treatise writers have used for their writings, and so that in the Papal State these books could be sold without danger of other [competing] publications, Your Holiness deigned to grant to Father Brother Miquel Llot of the order of Saint Dominic a privilege so that no printer, bookseller, or any other person whatsoever might sell or print the said book in the Papal State for ten years without the express permission of the said Father Llot, and because the said books have been suspended for many years without being distributed nor satisfying the creditors, the decision was taken to sell the said books to a bookseller, and indeed Giovanni Tallini, a bookseller in Rome, has bought them, with the express agreement that the favor previously granted by Your Holiness in the said privilege to Father Llot be transferred in his [Tallini’s] favor. Therefore, the Duke of Sessa petitions Your Holiness to do him the favor of granting to the said bookseller the same favor, derogating from that of Father Llot with which in this respect some satisfaction will be given to the said creditors, and the said Duke will receive it by the most singular favor of Your holiness.
28 When translating the names of comparatively well-known figures like saints, kings, and popes, we have chosen to anglicize in order to avoid confusion. When translating the names of lesser known individuals, we have chosen contemporary spellings consistent with that person’s country of origin.
Chapter 1 Page 2
Privilege
[44r]
[1-3] For the future memory of the matter: since, as we have learned that after we had granted a privilege to our dear son, Miquel Llot, a brother of the Order of Preachers[Dominican Order], who intended to set in type the Summa of St. Raymond de Peniafort concerning Penitence and Matrimony along with the works of Johann of Freiburg, so that no one without a license license from29 him or from one holding [XXX] or legal authority from him, may print the aforementioned Summa, or, once it is printed by another, to sell it or to hold it out for sale, so that, accordingly, it may be contained more fully in our letters related above, with the matter having been abandoned by Miquel himself, or else abandoned,] our chosen son Giovanni Tallini, a bookseller in the city, has arranged to have the [aforementioned]
[3-6]
[6-13] We, wishing to bestow an indemnity to Giovanni Tallini himself
[13-20] no one, as in the city, so too in the whole of the world directly or indirectly subject to our Ecclesiastic state, may print the aforementioned Summa, without the special permission of the said Giovanni, or his heirs and successors, or those having licensed cause, nor, having been printed, to sell them without a license of this sort from him or them, nor hold them out for sale.
29 In the original Latin, the author seems to have changed his mind as to the placement of the word licentia. Originally, it was placed at the beginning of the clause after sine, but was subsequently crossed out and placed at the clause’s end. An idiomatic English translation requires that licentia return to its original position, even though this new position is confusingly close to its crossed-out predecessor.
Chapter 1 Page 3
[44v]
[1-9] Prohibiting, meanwhile, each and everyone of either sex of the Christian faithful, especially the printers of books and the booksellers, under penalty of 500 ducats of gold (the type which is used by the Apostolic treasury) and the loss of books and types, one part to our Apostolic treasury and another part to the same Giovanni and to his heirs and successors or to those holding a cause of action from him, and the remaining third part to the accuser and executing judge, to be applied unremittingly and to be incurred as a punishment for each act,
[9-11] lest for the said ten years
[11-21] Commanding meanwhile, the Legates as representatives of the Apostolic seat, our chosen sons, or the vicelegates of them, or presidents, governors, praetors, and other ministers of the laws of the provinces, the cities, the lands, and of other places in our aforementioned ecclesiastical state to assist with the protection of an effective legal defense whenever it shall be required, Giovanni,
Chapter 1 Page 4
[46r]
[1-2] and those already named, or those having a cause of action from them in some way, and to execute these stated punishments unremittingly against whosoever contravenes these commands.
[2-7] Notwithstanding decrees, apostolic ordinances, and whatever statutes, and customs, and apostolic confirmations even strengthened by another statement, privilege and indulgence, and apostolic letters, contrary in whatever way to these present decrees, however granted, confirmed, and approved, and other things to the contrary.
[7-18] Moreover, we wish that the privilege granted previously through us to the said dear son Miquel Llot of the aforementioned fraternal order against {others} printing the Summa, as it is preferred, be deemed conceded, revoked, and annulled, and accordingly through these present decrees we revoke and annul them, and we deem it to be of no strength and importance. We furthermore wish these present decrees to be printed, even in the said Summa underwritten by the hand of some notary public and protected by the seal of a person situated in ecclesiastic dignity, and that the same faith shall attach, just as it would attach to these original letters. Given in Rome at Saint Peter’s, etc. the 5th day of November 1603, in the 12th year. If it pleases his holiness, it may be expedited. P. Cardinal Aldobrandini.
M Vestrio Barbiani
Chapter 1 Page 5
Recycled Privilege
[45ar]30
Pope Clement VIII
[1-9] For the future memory of the matter. Since, as we have just learned, the beloved son Giovanni Tallini
[9-16] We, to bestow indemnity from such things, lest out of such printing he should suffer
[16-24] favorably disposed because of the supplications humbly laid out before us in his name concerning this matter,
[25-33] Prohibiting, meanwhile, each and everyone of either sex of the Christian faithful, especially the printers of books and the booksellers, under penalty of 500 ducats of gold from the treasury and the loss of all books and types, one part to our Apostolic treasury and another part to the same Giovanni [
[33-35] lest for the said ten years they dare or presume to print the published work without some sort of license, or having printed by him or by others to sell, or to hold for sale, any part of it, either in whole or in small sheets, even under pretext of deletions or additions, as in the city so too in the rest of the ecclesiastic state,
[35-38] Commanding meanwhile, by the extensive authority of the Apostolic seat, our chosen sons, or the vicelegates of them, or presidents, governors, praetors, and other ministers of the laws of the provinces, the cities, and of other places in our present ecclesiastic state...31
30 The privilege on 45ar is recycled from an older privilege, originally granted to Antonio Franzini and heirs of Gerolamo Franzini.
31 The recycled privilege ends here in mid-sentence. The second page with the rest of the text was not included in the bundle of documents associated with the Tallini privilege.
Chapter 1 Page 6
Notations
[45av]
To the holiness of our lord.
The general of the Dominican order
So that he speaks to our lord.
___________________________________
It is sought only that the XXX which has been done
by {Miquel} Llot be transferred in
favor of Giovanni Tallini -----
________________________
If it pleases your Holiness, it is able
To be done as it is sought
If XXX X for 10 eXXe of the general Order of the Dominicans
The Duke of Sessa
For
Giovanni Tallini
August 20
1603
His Holiness was content
That he entreats
To Monsignor Marc Antonio
That he makes the memo
Chapter 1 Page 7
[46v]
For Giovanni Tallini, bookseller in the city,
a privilege against printing the Summa
of St. Raymond, and revocation of whatever
privilege previously conceded through your holiness to Miquel
Llot, a brother of the aforementioned order.
The most holy supplication: the Duke of Suessa
XX may it be to XX Father General
Order of the Preachers
Who said XX XX that it is able to be expedited
If it pleases your holiness
and His Holiness was thus made content
Chapter 1 Page 8
Chapter 1 Page 9
Privilege
[Reprinted Privilege 1603 ed.]
POPE CLEMENT VIII
For the future memory of the matter
[1-8] Since, as we have learned that after we had granted a privilege to our dear son, Miquel Llot, a brother of the Order of Preachers, who intended to set in type the Summa of St. Raymond de Peniafort concerning Penitence and Matrimony along with a glossary of John of Freiburg, so that no one without a license from him or from one holding cause or legal authority from him, may print the aforementioned Summa, or, once it is printed by another, to sell it or to hold it out for sale, so that, accordingly, it may be contained more fully in our letters related above, with the project having been neglected by Miquel himself, or else abandoned, our chosen son Giovanni Tallini, a bookseller in the city, has arranged to have the aforementioned Summa of Saint Raymond set to type at his own expense, or he has purchased the books already printed and has arranged that the work begun by that Miquel be finished.
[8-19] We, wishing to bestow an indemnity to Giovanni Tallini himself and to bestow him special favors and grace to proceed, and wishing him by whatever excommunications, suspensions, and in turn absolving him from any {sentences} of excommunication, suspension, and prohibitions, and other decreed ecclesiastical sentences, and punishments by law, either from a person on any occasion, or brought by a suit, if he becomes implicated by anyone for whatever reason, to give effect to the present decrees as far as this matter is concerned, absolving him of these things in turn, and judging that he will be absolved, and inclined by the supplications humbly brought in his name concerning this matter, grant and indulge by apostolic authority with the force of the present decrees: that during the next ten years counted from the first printing of the said work, no one, as in the city, so too in the whole of the world directly or indirectly subject to our Ecclesiastic state, may print the aforementioned Summa, without the special permission of the said Giovanni, or his heirs and successors, or those having licensed cause, nor, having been printed, to sell them without a license of this sort from him or them, nor hold them out for sale.
[19-27] Prohibiting, meanwhile, each and everyone of either sex of the Christian faithful, especially the printers of books and the booksellers, under penalty of 500 ducats of gold (the type which is used by the Apostolic treasury) and the loss of books and types, one part to our Apostolic treasury and another part to the same Giovanni and to his heirs and successors or to those holding a cause of action from him, and the remaining third part to the accuser and executing judge, to be applied unremittingly and to be incurred as a punishment for each act, lest for the said ten years they dare or presume in whatever way to print the aforementioned Summa without some sort of license, or having printed by him or by others to sell, or to hold for sale, any part of it, either in whole or in small sheets, even under pretext of deletions or additions, as in the city so too in the rest of the ecclesiastic state,
[27-37] Commanding meanwhile, the Legates as representatives of the Apostolic seat, our chosen sons, or the vicelegates of them, or presidents, governors, praetors, and other ministers of the laws of the provinces, the cities, the lands, and of other places in our aforementioned ecclesiastic state to assist with the protection of an effective legal defense whenever it shall be required, Giovanni, and those already named, or those having a cause of action from them in some way, and to execute these stated punishments unremittingly against whosoever contravenes these commands, notwithstanding decrees, apostolic ordinances, and whatever statutes, and customs, and apostolic confirmations even strengthened by another statement, privilege and indulgence, and apostolic letters, contrary in whatever way to these present decrees, however granted, confirmed, and approved, and other things to the contrary.
[37-44] Moreover, we wish that the privilege granted concerning the command not to print the Summa to the said Miquel Llot as was previously conceded be deemed revoked, and annulled, and accordingly through these present decrees we revoke and annul them, and we deem it to be of no strength and importance. We furthermore wish these present decrees to be printed, even in the said Summa underwritten by the hand of some notary public and protected by the seal of a person situated in ecclesiastic dignity, and that the same faith shall attach, just as it would attach to these original letters. Given in Rome at Saint Peter’s under the ring of the Fisherman. the 5th day of November 1603, in the 12th year.
M. Vestrio Barbiani
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Privilege
[1600 Edition of Summa S. Raymundi…]
Since, as in accordance with the urging of our beloved Son Miquel Llot de Ribera, a professed member of the Order of Dominican Brothers, and a Teacher of Theology, and the announcement of the Canonization of the Blessed Raymond de Peniafort, who was an Administrator in the Roman Curia, we have approved that a Summa written by that Blessed Raymond, who also compiled the Decretalia [Decretals], which was disseminated long ago in the time of the dearly departed [lit. “of happy memory”] Pope Gregory IX, our predecessor, out of which summa all other writers of summae (even the most important) selected many things for the purpose of composing their own summas, with particular mention made of that Blessed Raymond, will be printed or set to type here in Rome for the common use of all, and especially for the use and convenience of the scholars of Canon Law, with no expense spared and also having been seen and examined by the Master of the Sacred Palace [Papal censor]. Truly it may be doubted, lest, after thus [the summa] has been printed, and made available, other Printers, or Booksellers, seeking to gain from another’s industry presume to print the same summa, or to make it so that it is printed.
We, therefore, in accordance with the foregoing, and wishing to bestow Miquel himself with special favors and permission to proceed, and in turn absolving [him] from any {sentences} of excommunication, suspension, and prohibitions, and other decreed ecclesiastical sentences, and punishments by law, either from a person on any occasion, or brought by a suit, if he becomes implicated by anyone for whatever reason, to give effect to the present decrees as far as this matter is concerned, absolving him of these things in turn, and judging that he will be absolved, being favorably disposed by his supplications humbly laid out before us in his name concerning this matter, and if, both after the said summa reviewed for heretical impropriety by the Inquisitors, or by the Master of the Sacred Palace, and was deemed satisfactory for that same Miquel, so that for ten years calculated from the date of the present decrees, absolutely no one, of whatever status, rank, order, and condition, without the express license of the said Miquel, or by agreement, may print a summa of this kind, in any larger or smaller format, or sell, or hold it out for sale, or to display, or may cause it to be printed, or sold, or held out for sale, or displayed, or they may owe a fine, we grant and indulge by apostolic authority with the force of the present decrees.
In addition we more strictly prohibit everyone, and every printer of books, and the established Booksellers of whatever locales of our Ecclesiastical state, whether directly or indirectly subject to the Holy Roman Church, under penalty of the loss of their books and types, as well as of five hundred ducats of gold to the Treasury, these penalties to be incurred and to be weighed out unpardonably by the violators, without another judicial declaration, with the deed done, as often as there is a violation, so that, for the aforesaid ten years, without the express permission or agreement of the aforesaid Miquel, they do not dare to print the aforesaid Summa, or to sell it, or hold it out for sale, or display it, to have it sold or printed or held out for sale by other, or arrange for it to be displayed in any way.
Commanding all venerable brother Archbishops , Bishops, and Vicars, or officials in spiritual matters, and in our Ecclesiastical state Legates, Vicelegates, Governors, Judges, Mayors, Municipal Officers, and all those others, whom it concerns and for which they are responsible, so that as often as and whenever they are requested on behalf of the said Miquel, or any one of them is requested, assisting that Miquel in these decrees by the protection of effective legal prosecution, to carry out with our authority these decrees and cause them to be observed, with respect to each and every one of Miquel’s requests, against those who disobey or refuse, even if it requires Ecclesiastic censures and other suitable remedies of law and deed, with the help of the secular arm to be called upon also in this matter, if there is need. Notwithstanding constitutions, apostolic ordinances, statutes —strengthened by oath, apostolic confirmation, or any other reinforcement— or privileges, indulgences, and apostolic letters under whatever rulings and procedures, and with whatever conclusions, and whatever decrees that appear contrary to the foregoing, having been allowed, confirmed, and approved.
To all and each of which, we specifically and expressly detract from them in this case only, deeming the holdings of those at hand to stand for an expressed mention, and everything else whatsoever to the contrary. Given in Rome at Saint Peters, under the ring of the Fisherman, on the 15th day of May, 1600. In the ninth year of our Pontificate.
M. Vestrio Barbiani.
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