The Practica of Gianmatteo Ferrari da Gradi / by Arnold C. Klebs.

  • Arnold Klebs
Date:
[1924]
Catalogue details

Licence: Public Domain Mark

Credit: The Practica of Gianmatteo Ferrari da Gradi / by Arnold C. Klebs. Source: Wellcome Collection.

    16/30 page 14
    of an intervening plague, to carry out his part of the agreement of January and that the copies had not been delivered, possibly not even been printed. None the less Gianmatteo is agreeable to forego the penalties stipulated for such default plus the 25 ducats advanced and furthermore to pay down 600 ducats for which Lavagna agrees to furnish 125 copies instead of the 100 agreed upon “quasi compenso della renunzia ad esigere la penalita“. To understand this apparently ambiguous and onesided agree- ment if is well to remember that if is drawn up a few days before the term of the final payment due by Gianmatteo. By the stipulation in the agreement of the 4 January, Lavagna might be expected in Pavia just about that time to get payment for the delivered copies. The stipulation was: six months after the third and last instalment at the end of April, which is the end of October. The fact itself that Gianmatteo is agreeable to pay a considerable sum down, with certain new stipulations, is to my mind sufficient proof that he and his associates had already received the greater part of the promised copies and that this second agreement was concluded simply to adjust the final setthement. Gianmatteo says before the notary: ,Lavagna owes the stipulated penalties because he has not made the deliveries of copies at the fixed intervals‘. To this accusation Lavagna makes objection “dicat contrarium*. When two parties disagree so fundamentally it is very likely that they both exaggerate in their contentions. Hence friends intervene, together with Giov. Anton da Monza, the medical student who was made arbifer of the financial side of the former agreement. They do not even seem to have discussed in what particular Lavagna had failed, they simply settled the whole business, all of which seems to me to indicate that Lavagna’s part of the contract was dicat contrarium; Et ob hoc suborta fuerit differentia inter dictas partes: Et vollentes ipse partes ab ea descedere, Sponte etc. intercessione amicorum et presertim dicti Magistri Joh. Antonii, devenerunt et deveniunt ad infrascriptas transactiones etc. Videlizet: Primo, quod ipse dominus Magister Joh. Matheus feneatur [remittere] et ita remitit dicto Magistro Filipo, dictas penas et ab eis ipsum liberat etc. salvis aliis contentis in dicto instrumento. [of 4 Jan. 1472.] Item quod ipse Magister Filipus teneatur et ita promitit traddere prefacto do- | mino Magistro Joh. Matheo copias centum vigintiquinque dicti operis ad stam-_ pum ut supra, quibus habitis ipse dominus Magister Joh. Matheus teneatur e ita promitit dare et solvere, in terminis de quibus et prout in dicto instrument continetur, dicto Magistro Filipo ducatos sexcentum auri et in auro ultra illo ducatos XXV de quibus ef prout in dicto instrumento fit mentio, et rata pr rata ipsorum denariorum prout ipse Magister Filipus traddiderit dictas copia in terminis ut supra, ratis et firmis manentibus aliis contentis in dicto instr mento de quo supra fit mentio, salvis semper suprascriptis.“ Witnesses were Marcus de Gatinaria, Matheus de Ferariis, son of a and G. P. de Vaylate, notary.
    digitised image 1
    digitised image 2
    digitised image 3