Birt concludes from certain references that the leading publishers in Rome had during the beginning of the second century organized themselves into an association for the better protection of their interests in literary property, and that each member of such association bound himself not to interfere with the undertakings of his fellow-members. As Roman literature increased in commercial importance, some such arrangement or undertaking was, of course, indispensable, as in connection with the cheapening rates for the labor of slave copyists, indiscriminate competition could only have resulted in anarchy in the book-world, and have retarded indefinitely the development of literature as a profession. Birt evidently had in mind the existence of some such Publishers’ Commission as was instituted by the book-trade of Leipsic in the 17th century, but it is not likely that the Roman association succeeded in securing any such definite and effective organization.
It is on record, however, that the publisher Tryphon claimed to possess a legal control over the writings of Quintilian, while there is, unfortunately, nothing to show by what means he was enabled to retain such control.[241] Tryphon took credit to himself for having persuaded the reluctant Quintilian to permit the publication of certain works which would otherwise have been lost to posterity.[242] Quintilian refers to Tryphon as a trusted friend, on whose judgment he relied.[243] Tryphon was also one of the numerous publishers of Martial.[244]
The name of the librarius Dorus, mentioned by Seneca as a contemporary of his own, is worthy of note because he was one of the earliest buyers of publishing rights or copyrights. Seneca understands, namely, that Dorus had purchased from the heirs of Atticus and from those of Cicero the publishing rights and the “remainders” of the editions of Cicero’s works.[245]
An ownership was claimed by the State in the Sibylline books, but this was of course never exercised in the form of a publishing right. It is related, however, that the duumvir Attilius suffered the punishment of death, adjudged to a parricide, because, being charged with the custody of the Sibylline books, he suffered Petronius Sabinus to copy some portions of the same. This might be called an infringement of a copyright vested in the State, but in the regard of the Roman law the deed was evidently considered simply as a sacrilege.[246]
Suetonius relates, in his Life of Domitian, an instance in which the Emperor administered, on the ground of certain objectionable passages in a work of history, a penalty so severe that it is difficult to accept the report as accurate. He says: Hermogenem Tarsensem occidit propter quasdam in historia figuras; librariis etiam qui eam descripserant cruce fixis. “He killed Hermogenes of Tarsus on account of certain expressions in his history; even the booksellers who had circulated the work were crucified.”[247]
If the account is correct, we have in this instance a very early application of the present usage in regard to the circulation of so-called “libellous” matter. The bookseller of to-day no longer dreads capital punishment at the hands of an irate monarch, but it is perfectly possible for him to be forced into bankruptcy through the penalties collected on account of the circulation (however unwittingly) of volumes containing statements called by the law “libellous.”
The principal customers of the booksellers were the schoolmasters and the so-called “grammarians.” To these should be added, from the beginning of the first century, an increasing number of libraries. The first public library in Rome is said to have been founded as early as 167 B.C., but it was not until the reign of Augustus that the Roman libraries became important and that in the other cities also libraries were instituted.
There was a library attached to the temple of Apollo on the Palatine hill in Rome, which Simcox refers to as an humble imitation of the Museum of Alexandria, but I do not know the date of its founding. It is noted of Tibullus, who was usually indifferent to fame, that he consented to send to this library a copy of his collected writings, and there are other references from which it appeared that, either from public spirit or from a desire for public appreciation, authors made a practice of presenting copies of their books to this Palatine library, and that in this way a considerable collection was brought together, of which the public had the benefit; but it is certain that there was no municipal or imperial enactment prescribing such presentation copies, and it does not appear that any of the emperors took any such active interest in furthering the development of literature and of the literary education of the public as had been shown by the Ptolemies of Alexandria.
In Rome there were, according to Birt, twenty-nine public libraries founded between the reign of Augustus and that of Hadrian, while there are various references to the public libraries of the smaller cities. Aulus Gellius[248] speaks of the library in Tibur (the modern Tivoli) in Herculis Templo satis commode instructa libris. Comum (the modern Como) possessed a library given to it by Pliny.[249] The Roman Athens had a public library connected with the College of the Ptolemies, and the Emperor Hadrian founded a second.[250] Strabo speaks with appreciation of the library of Smyrna.[251]
It appears probable that, at least for the first three or four centuries after Christ, the larger proportion of the books contained in the public libraries (as in the private collections) were in Greek. Cicero speaks more than once of the fact that the Greek books were comparatively plenty, while those in Latin were scarce.[252] Juvenal’s character, the impecunious Cordus, “possessed but few books, and those in Greek.”[253] Suetonius, in speaking of the restoration by Domitian of the public libraries which had been burned by Nero, states that the Emperor collected from all sources trustworthy texts and forwarded them to Alexandria for use in the production of the many copies required.[254] It is evident, in the first place, that at this time (about 90 A.D.) the supply of skilled copyists in Rome was still inadequate for any such extended undertakings, and secondly, that there was question merely of works in Greek, for Latin texts would hardly have been sent to Alexandria.