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
so far as they are clearly expressed, and every prudent judge knows what
grave evils spring from neglect of this principle of interpretation.
(See Dwarris On Statutes, p. 580 sqq.)
Whether this statute really gives the power to lend may be disputed. On
the one hand it may be said, that those who borrow a book _for_ learned
men may do what they like with it, and may therefore lend it. At first
sight this seems probable and reasonable, but the more it is thought of
the less probable does it appear. On the other hand it may be said, that
since the statute does not plainly and expressly give the Curators the
power to lend, they have no power to do so at all. Be that as it may, no
such scruples troubled the minds of the Curators; every one seems to
have been completely mesmerised, and this singular statute was
straightway put in practice after a fashion; for on June 23, 1873, 'an
application from Professor ---- was considered, asking for loan of such
books or MSS. as he might require, at the discretion of the Librarian,
under the provisions of §11, ch. 10 of the Bodleian amended statute,
during the present vacation. Mr. ---- and Mr. ---- made similar
applications. It was agreed to accede to the request in the case of the
three applicants respectively'; that is to say, within a few days of the
passing of the statute it is broken. The Curators do not agree to borrow
books for the applicants, the only thing the statute allowed them to do;
the statute says not one word about the discretion of the Librarian,
nor does it allow the Curators in this case to leave anything to it: in
the buying of books (Stat. XX. iii. § 4, 4) they may leave much to his
discretion, but nowhere else is any such permission given: so the
Curators took it. They did not do what the statute says they may do, and
they did do what no statute permits them to do; and as they began that
day, so have they continued to this moment. No change is made in the
minutes. Before as well as after the passing of this statute the form
always is 'applications for loans,' or some equivalent phrase. In 1873 a
dozen MSS. or more, besides printed books, including the Hereford
Missal! were lent exactly as before, some to private persons, some to
libraries, and they went to Leeds, Cambridge, Utrecht, Kiel, Berlin, &c.
In 1874 more than twenty MSS. were lent to Jena, Cambridge, Marburg,
Vienna (two of the Junius collection were sent there), and to private
hands. In 1875 MSS. were sent to St. Petersburg, Bonn, Vienna, Paris,
Cambridge, Edinburgh, Konigsberg, Heidelberg, and some to private
houses; three printed books also were lent, without a shadow of reason
so far as can be seen, to a gentleman residing in the Temple.
On Oct. 30 two of the sub-librarians applied 'for the privilege of
taking books out of the Library. Their application was agreed to upon
the terms stated in the minutes of June 23, 1873, in the case of a
similar application from others.'
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