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
At length the Curators obtained their desire. On March 25, 1873, a form
of statute was proposed by one Head of a House and seconded by another,
and on May 2, 1873, it was carried without a division in the following
shape: (Tit. XX. iii. § 11. 10.) Liceat Curatoribus, sicut mos fuit,
libros impressos et manuscriptos, scientiæ causa, viris doctis sive
Academicis sive externis mutuari: that is to say, _Let it be lawful for
the Curators, as the custom has been, to borrow books printed and
manuscript in the interest of knowledge for learned men, whether Members
of the University or not_. A board of grave and learned men--_viri
variis doctrinis et literis imbuti_, as the statute says--wish to do
openly, what they had been in the habit of doing, as it would appear,
unknown to Council, and against its wishes (for it 'struck out the
proposal to lend books out of the Library'): there is something droll in
that, but it is nothing to what came of it. They petition for leave to
_lend_, walk off perfectly contented with a permission to _borrow_, and
nobody sees the joke! 'Reform' seems not only to have impaired our
knowledge of Latin, but to have diminished our sense of the
ridiculous--a most dolorous result. That Convocation intended by this
strangely worded statute to convey to the Curators the power to _lend_
books is beyond question; it is equally beyond question that it conveyed
the power to _borrow_ them, for in good Latin and in our statute Latin
alike, _mutuari_ means not to lend, but to borrow, as every Latin
Dictionary from the Hortus Vocabulorum down to Lewis and Short
testifies; and as to our statute Latin we find: quantum magister ...
potest de cista de Guildeforde mutuari (Anstey, p. 99); quod magister
regens mutuari possit quadraginta solidos (_ibid._ p. 132); de eadem
mutuari poterit ad usum suum proprium.... quinque marcas (_ibid._ p.
338). As _mutuari_ is correctly used in the barbarous language of our
old statutes, so is it in the more polished Latinity of the Laudian
code, in which the word occurs once, and I think only once, and as the
devil of mischief will have it, in the Bodleian Statute itself, where 'e
cista D. Thomæ Bodley mutuari' means 'to borrow from Sir Thomas Bodley's
chest'. The meaning of the word then is clear beyond dispute, and what
it means in one part of the statutes it must mean in another. There is
plenty of barbarous Latin in our statute book, but in every case it is
justified or excused by long usage, or by the fact that other learned
bodies have constantly used the same or similar language; but the
statute of 1873 is probably the only one either in ancient or modern
times, where without necessity, without precedent, and without warning,
a word which means and always has meant one thing is used under the
erroneous impression that it means another, and that not by schoolboys,
but by their elders. A statute, however, means what it plainly says:
with the intentions of a legislative body we have no concern except in
Public-domain text, read in full here on John Shaqi.
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