Remarks on the practice and policy of lending Bodleian printed books and manuscriptsChandler, Henry W. (Henry William)
History
Remarks on the practice and policy of lending Bodleian printed books and manuscripts
Chandler, Henry W. (Henry William)
Bodleian Library; Library circulation and loans
About this time, however, 'University Reform,' the true meaning of which
most of us here know, was in the air, and on May 22, 1856, the old
Library Statutes were abolished and an entirely new one enacted.
Bodley's own statute against letting books go out of the Library was of
course abrogated. That Convocation still retained the right to lend is
beyond question; but did anybody else, Curators or Librarian, acquire
the right to do so? That the University did not intend to convey any
such right seems perfectly clear; for the 11th clause of the new statute
(which is identical with the present statute, Tit. XX. iii. § 11,
paragraphs 1 to 6) is headed "De libris extra Bibliothecam ad tempus
detinendis, _aut etiam_ efferendis." Now whoever says '_or even_ to have
them taken out,' and then proceeds to order whither they shall be taken,
namely to the Camera, forbids by implication their removal from the
Library on any other terms, or to any other place than those expressly
mentioned. That the University, whatever its intentions may have been,
did not as a matter of fact convey the right to any one is obvious from
the statute itself; and as the Curators never at any time possessed the
right of lending books, it is equally plain that they could not acquire
it without an express commission from the University. That the Curators
themselves were of this opinion is clear from a resolution of theirs
arrived at on Oct. 29, 1859, more than three years after the statute was
passed. I should say that in the interval no loan was sanctioned by
Convocation, or, so far as appears, even applied for. On Oct. 29, 1859,
nine Curators being present, 'The Vice-Chancellor mentioned the desire
of the Rev. Mr. ---- to be allowed to have books out of the Bodleian
Library for the purposes of study by Grace of Convocation. The Curators
resolved:--That it was not expedient that such a proposition should be
made to Convocation.' The Curators, or a majority of them, did not dream
of arrogating to themselves the power of lending, and they, as well as
the applicant, assume as self-evident that books could not be borrowed.
Books could be sent to the Camera; they could not go elsewhere without
the sanction of Convocation. The new statute then did not make lending
(except by Convocation) lawful, nor was there any intention to make it
lawful.
That same year, on Nov. 8, a Curator gave notice that he would
move:--'That Books and MSS. be taken out of the Bodleian Library under
special conditions with consent of the Curators;' that is, according to
my view of the case, he gave notice of a motion to take by force and
illegally a power which the University had not given; but it does not
appear by the minutes that any such motion was actually made.
Public-domain text, read in full here on John Shaqi.
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