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
In 1883, Jan. 27, the Librarian suggested 'that all Fellows and
ex-Fellows of Colleges should be entitled to have books out of the
Library'; the suggestion was not adopted. On the same day, 'Mr. ----
(---- College) and Dr. ---- were placed on the list of persons specially
entitled.' On March 3 of the same year, 'Dr. Frankfurter's application
to be placed on the privileged list of borrowers was assented to.' There
we have it at last, in black and white--_the privileged list of
borrowers_, as unstatutable and as illegal a thing as could well be
permitted. The words '_let it be lawful for the Curators to borrow books
for learned men_,' (always supposing the Latin not to be downright
nonsense,) cannot convey to the Curators the power to let other people
borrow books; for if they could, then any words may have any meaning,
which comes to the same thing as saying that they have no meaning at
all. Yet it is on these words, and on these words alone, that the
'borrowers' list' has been made to depend; though how educated men can
have extracted from this statute any meaning whatever which would
justify, or even seem, in the most distant way, to justify the act of
conveying to others the power to borrow books from the library is one
of the most astonishing things that I ever met with in the whole course
of my life. But it will be said that the Bodleian Curators for thirteen
years understood _mutuari_ to mean 'lend', and therefore they might
institute a 'borrowers' list'. It is an astonishing, not to say
staggering, fact that they did so understand it, yet the borrowers' list
is none the less illegal. Nay, I have heard a Curator in his place
maintain, that as there could be no doubt what the University intended
when it passed this statute, _mutuari_ in this place must mean 'lend'.
Much as I admired the boldness of the assertion, I was unable to commend
either the law or the logic of it; the consequences which would at once
follow from the position, that if the intentions of a legislative body
are clear it matters not how it expresses them, are too palpably absurd
to find acceptance with ordinary minds. However, let it be supposed,
that instead of _mutuari_ the word actually used were _commodare_. You
are still no better off. The University on this hypothesis gives to the
Curators as a board the power of lending a specific book to a specific
person, and that is all. It does not give the Curators the power to
invest any person or persons with the right or privilege of borrowing
books, still less does it convey the power of creating a class of
persons who have such a right or privilege. This is not only clear to
plain common sense, but, as I am advised, is plain as a matter of law;
and I am further assured that, if any book is damaged or lost in
consequence of the Curators persisting in such a course, they become
themselves personally liable to the University.
Public-domain text, read in full here on John Shaqi.
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