In 1850 came the Government Commission. The Commissioners ha

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REMARKS

ON THE

PRACTICE AND POLICY OF LENDING

BODLEIAN

PRINTED BOOKS AND MANUSCRIPTS.

BY

HENRY W. CHANDLER, M.A.

FELLOW OF PEMBROKE COLLEGE, OXFORD;

WAYNFLETE PROFESSOR OF MORAL AND METAPHYSICAL PHILOSOPHY,

AND A CURATOR OF THE BODLEIAN LIBRARY.

Oxford:

B. H. BLACKWELL,

50 AND 51, BROAD STREET.

1887.

PREFACE.

The present 'Remarks' are a reprint, with many omissions and additions,

of two privately printed papers which were communicated to the Curators

last year. From November, 1884, for about twelve months, I did very

little more than watch attentively the way in which Bodleian business is

transacted, to me at once a novelty and a surprise. For some purposes

writing is preferable to talking, and accordingly in November, 1885, I

printed a memorandum containing many gentle hints--+phonanta

sunetoisin+--which I faintly hoped might eventually prove beneficial to

the Library. Next came a Memorandum 'on the Classed Catalogue,' a thing

which some Curators look on as a most valuable work, and others as an

interminable and wasteful absurdity. This was followed by a paper 'on

the Bodleian Coins and Medals', with some observations on the proposal

to transfer the collection to the Ashmolean Museum. As far as could be

seen, all this expenditure of ink and money did no harm, and no good. In

May, 1886, a committee was appointed to draw up regulations for loans of

books; and in June the Curators received a paper 'on the lending of

Bodleian Books and Manuscripts,' as also Bishop Barlow's Argument

against lending them, then for the first time printed as a whole; and

in both the illegality of the borrowers' list was pointed out, and very

broad hints given, not only that the present loan statute is defective,

but why, and in what manner it is so. If these hints, facts, and

arguments had been addressed to the twelve signs of the Zodiac, they

could not have produced less visible effect; and it was wonderfully

amusing to find, that more than half my brethren could not for the life

of them see what to everybody else was plain as a pikestaff; so on we

went in the well-beaten path, steady as old Time himself, looking

neither to the right hand nor to the left, and, what is more remarkable,

never for one moment looking ahead. Finally, at the beginning of

October, came a paper on 'Book-lending as practised at the Bodleian';

and this proved to be the last straw; for on October 30th, partly by

words and partly by that silence which gives consent, it was plainly

intimated that these papers were unwelcome. One friend, and only one,

had a good word to say for them; so far as they contained collection of

facts he approved of them, but no further. As my little experiment

failed so lamentably, I am hardly likely to repeat it, or to put so

severe a strain on the good nature and patience of my colleagues as ever

again to trouble them with a scrap of printed paper. This puts me into a

sort of quandary. I abhor pen and ink, and should like to hold my tongue

and spare my pocket; but that is impossible as things are. I cannot

stand by and see men who know no better trying (with the best possible

intentions) to get the Bodleian on to an inclined plane, down which it

must rapidly slide to perdition, without loudly protesting against their

acts. What then is to be done? Private feelings must be respected, yet

not so as to impede the performance of a duty to the Library and to the

University. The atmosphere of a meeting is not conducive to calm and

rational discussion; I cannot make speeches; the board does not relish

either facts or arguments in print. Only one course remains then;

whenever there is anything to be said about the Bodleian or its

management (and there is much that ought to be, and must be said sooner

or later), it shall no longer be privately printed and given away to

unwilling recipients, but published and sold. In this way all parties

will be satisfied: those who are interested in the Library can buy;

those who are not, can protect themselves against annoyance. So much by

way of explanation.

When at length the board determined to apply for a new statute, and did

in November what anybody but ourselves would have done in June, the hope

was expressed that the statute would be introduced at once, and then

pushed through Congregation and Convocation as rapidly as possible in

the present term; whereupon somebody observed, that it would be just as

well not to hurry the business; and this seems to have been the view

adopted by Council.

If Convocation could only seize the full significance and incalculable

value to present and future generations of a library of reference, a

library, that is, where, at all lawful times, every book deposited in it

should always be forthcoming in a moment, it would at once see that from

such a library no lending whatever ought to be permitted, simply because

lending and deposit are practical contradictories; and if Convocation

could plainly see this, it would make very short work of any statute

which legalized loans. There is no denying, however, that in the present

day the public mind, as it is playfully called, and the University mind

as well, is in a wonderfully flabby condition. Nobody seems to be

thoroughly convinced of the unquestionable truth, that every possible

plan in this world is open to objections more or less serious, and so

they go hunting about for a scheme that shall embrace all good and

exclude all evil; such people are emphatically limp and unpractical. All

that is offered to our choice here below is a lesser evil, and

experience has proved over and over again, that it is a lesser evil

never to lend a book out of such a library as the Bodleian, than it is

to lend one. But if the University in its inscrutable wisdom should

choose to do the wrong thing, there are more ways than one of doing

it,--

+esthloi men gar haplos, pantodapos de kakoi.+

It might, for instance, confine the actual granting of a loan to

Convocation. If an application for a book were made, the University

might impose on the Curators the duty of stating in writing their

reasons for advocating the loan, and Convocation might determine to

lend, if it judged those reasons to be sound. This would be an

approximation to what was the law (though not by any means the practice)

prior to 1873; nor could it be described as a retrograde step, unless

the reformation of a bad habit is necessarily a step backwards.

If, however, the University resolves to copy the practice of foreign

libraries, it might be wise, first, to appoint a small committee to

discover and report what that practice really is. If, like a mob of

monkeys, we are determined to imitate, it is just as well that our

imitation should be a good one, and not a caricature.

In either, or indeed in any, case some effectual provision should be

made for enforcing the statute; it ought no longer to be possible for

the Curators to act with impunity as they have been in the habit of

acting for almost a quarter of a century.

A good many of my friends are strong party men of a more or less rabid

type, and I hope that they are well informed when they tell me that this

purely literary question about the Bodleian is not going to be turned

into one of those faction fights, which occasionally disturb and

disgrace this place; but that each man will judge for himself, and vote

accordingly, without divesting himself of what little reason he may

happen to possess, and blindly following a leader, who may know and care

less about the matter than he does himself. I hope that it will be so,

yet I have my doubts; for this vile spirit of faction clings like the

robe of Nessus to all who have ever been weak enough, or wicked enough,

to yield to its temptations; and one side is just as bad as the other.

Whether Convocation can be got to see the real question in these

unlearned and vulgar times may be questionable; at any rate, I should

have felt myself a traitor to Bodley, to Oxford, and to learning itself,

if I had not done what little I could to prevent an act, which, if

perpetrated, must end, sooner or later, in the irreparable damage, or

the complete destruction of a library intended by its founder to be a

perpetual help to all true scholars, an inexhaustible treasure-house of

learning to last as long as England itself.

H. W. C.

_Oxford,

Jan. 15th, 1887._

_Remarks on the Practice and Policy of lending Bodleian Printed Books

and Manuscripts._

Before offering any remarks on the policy of lending books out of the

Bodleian Library it may be well to give a brief account of the practice

of lending, so far as it has been sanctioned there. From the foundation

of the Library down to 1873, though practised, it cannot be said to have

been sanctioned at all, except as regards certain books given on the

condition that they should be lent.

On the 20th of June, 1610, a complete Bodleian Statute was promulgated

and confirmed in Convocation (Appendix Statutorum, p. 5 sqq. ed. 1763).

This statute was drawn up by Sir Thomas Bodley himself, and the eighth

section of it--'de Libris extra Bibliothecam non ferendis, aut ullo modo

commodandis'--fully expresses his firm and rooted detestation of

book-lending. Bodley's own words, of which the Latin statute is a

literal translation, run thus:--

"And sith the sundry Examples of former Ages, as well in this

University, as in other Places of the Realm, have taught us over-often,

that the frequent Loan of Books, hath bin a principal occasion of the

Ruin and Destruction of many famous Libraries; It is therefore ordered

and decreed to be observed as a Statute of irrevocable Force, that for

no Regard, Pretence, or Cause, there shall at any time, any Volume,

either of these that are chained, or of others unchained, be given or

lent, to any Person or Persons, of whatsoever State or Calling, upon any

kind of Caution, or offer of Security, for his faithful Restitution; and

that no such Book or Volume shall at any time, by any whatsoever, be

carried forth of the Library, for any longer space, or other uses, and

Purposes, than if need so require, to be sold away for altogether, as

being superfluous or unprofitable; or changed for some other of a better

Edition; or being over-worn to be new bound again, and immediately

returned, from whence it was removed. For the Execution whereof in every

Particular, there shall no Man intermeddle, but the Keeper himself

alone, who is also to proceed with the Knowledge, Liking, and Direction

of those Publick Overseers, whose Authority we will notify in other

Statutes ensuing[1]."

[1] Reliquiae Bodleianae, p. 27.

This statute has the great merit of being so plain and clear, that no

one could mistake its meaning. It was further fenced about by the

statute 'de materia indispensabili,' Tit. X.Sec.11.5, as explained in

'Barlow's Argument,' p. 6. It was not totally and absolutely impossible

to borrow a book from the Bodleian, but it was only Convocation, moved

to the act in a solemn and specified way, that could by any legal means

lend it. From 1610 to 1856, then, such was the law which everybody in

the University was bound to obey, and, as far as I can discover,

everybody did obey it, with the few exceptions that will presently be

mentioned.

In 1624 William, Bishop of Lincoln, wished to borrow a book, but was

denied[2]. In 1628 Sir Thomas Roe gave twenty-nine manuscripts, and

"proposed that his books should be permitted to be lent out for purposes

of printing, on proper security being given; a proposition which was

accepted by Convocation[3]." In 1629 the Earl of Pembroke presented the

Barocci Collection, and "he was willing that the MSS. should, if

necessary, be allowed to be borrowed." Borrowed accordingly they were,

and one at least suffered irreparable injury in very early days[4]. In

1634 we were presented with Sir Kenelm Digby's splendid manuscripts:

"the donor stipulated that they should not be strictly confined to use

within the walls of the Library;" but afterwards left the University to

treat them as it pleased[5]; so that they fell under the general

Bodleian Statute.

[2] Barlow's Argument, p. 9.

[3] Macray, Annals, p. 51.

[4] Barlow, p. 10; Macray, Annals, p. 55.

[5] Macray, Annals, p. 59.

Between 1635 and 1640 came Laud's magnificent donations. He "directs in

his letter of gift, that none of the books shall on any account be taken

out of the Library 'nisi solum ut typis mandentur, et sic publici et

juris et utilitatis fiant,' upon sufficient security, to be approved by

the Vice-Chancellor and Proctors; the MS. in such cases being

immediately after printing restored to its place in the Library[6]."

This stipulation of Laud should be carefully borne in mind, because it

will be found that of late years the Curators have not observed the

terms of the gift. Doubtless they did not know what Laud's directions

were; yet men who undertake the office of trustees are bound to know

their duties. In 1636 the University refused leave to Laud himself, who

wished to borrow Rob. Hare's MS. _Liber Privilegiorum Universitatis_[7].

In 1645 Charles I, in ignorance of our statutes, applied for a book and

was refused; in 1654 Cromwell wanted a book for the Portuguese

Ambassador, and was likewise refused[8]; and it is much to the credit of

both, that they not only acquiesced, but expressed their approval of the

Bodleian rule.

[6] Macray, Annals, p. 61.

[7] Macray, Annals, p. 82.

[8] Barlow's Argument, p. 9.

On August 29, 1654, a grace was passed in Convocation, which permitted

Selden to borrow MSS. from the collections of Barocci, Roe, and Digby,

provided he did not have more than three at a time, and that he gave

bond in L100 (not L1000 as Hearne states[9]) for the return of each of

them within a year[10]. Barlow[11] declares that this was illegal and

null; and it may be observed in passing that the whole history of the

Selden bequest needs fresh investigation. This same year that grand

scholar's books began to arrive in Oxford, and his executors stipulated,

as a condition of the gift, that no book from his collection should

hereafter be lent to any person upon any condition whatsoever. This also

must by no means be forgotten, because we shall by and by see the

Curators again and again strangely oblivious of the conditions on which

the University received these invaluable books.

[9] Barlow's Argument, p. 3.

[10] Macray, Annals, p. 79.

[11] Argument, p. 8.

At the Visitation on Nov. 8, 1686, it was ordered that notice be given

that 'nullus in posterum quemlibet librum aut volumen extra Bibliothecam

asportet,' and that monition be sent to every College and Hall for the

return of any books taken out within three days[12].

[12] Macray, Annals, p. 109.

In 1789 a lazy and incompetent Librarian, John Price, is said to have

lent the Rector of Lincoln a copy of Cook's Voyages, presented to the

Library by George III, telling him that the longer he kept it the

better, 'for if it was known to be in the Library, he (Price) should be

perpetually plagued with enquiries after it[13].' What the Curators were

about to permit such irregularities it is difficult to imagine; at any

rate here you had eight picked men--Dr. Joseph Chapman, President of

Trinity, Vice-Chancellor; the two Proctors; Dr. Randolph, Professor of

Divinity, and afterwards successively Bishop of Oxford and of Bangor;

Dr. Vansittart, Professor of Civil Law; Dr. Vivian, Professor of

Medicine; Dr. Blayney, Professor of Hebrew; William Jackson, Professor

of Greek and afterwards Bishop of Oxford:--they are men, citizens,

members of a learned corporation, trustees; they have solemnly sworn by

everything which they profess to hold sacred, that they will faithfully

observe the statutes; and what was required of them? As much sense of

duty as you expect and commonly find in a watcher or a gamekeeper; yet,

till they were roused by the public protest of Dr. Beddowes, they seem

to have shewed no trace or feeling of responsibility at all.

[13] Macray, Annals, p. 198.

Down to the year 1856 the Bodleian Curators were eight in number,

namely, the Vice-Chancellor, the two Proctors, and the Regius

Professors of Divinity, Hebrew, Greek, Medicine, and Civil Law. Eight is

rather a large number, and the larger any board is the weaker becomes

the sense of personal responsibility. No man feels that he is answerable

for anything, because he is sunk and extinguished in a majority or a

minority; and yet, without a keen sense of personal responsibility, all

business is laxly and badly done, even when it is done at all. The

artificial privacy of our proceedings is also an evil. In theory all our

meetings are public, so far at least as Convocation is concerned; in

fact, they are private; yet, if the University always knew not only what

is done, but who it is that does it; if our acts were duly published, as

they ought to be, in the University Gazette, probably both board and

University would be the better for it, and it is certain that the

affairs of the Library would be none the worse.

If Bodley argued that men who teach a subject are necessarily acquainted

with its literature, and are consequently the fittest guardians and

directors of a library, he argued very badly, and in ignorance of facts.

Ability to teach a subject is one thing; knowledge of the literature of

that subject--such knowledge as is required in the superintendents of a

library--is a totally different thing. The two may be indeed united, but

very rarely are so. A man, for instance, may be a finished Latin scholar

without ever having heard of Coster's Donatus, and without being able to

offer an opinion on that or on any of the other editions in which Dutch

libraries glory. Probably not one man in fifty who reads the sentence

which I have just written will have the very remotest idea of its true

meaning; and if he has not, it will not follow that he is a dunce, or

that he is a poor Latinist; all that follows is that he has much to

learn before he is fit to take any part in the management of a large

library. What is wanted, what in fact is necessary, is that sort of

knowledge which the Italian government proposes to give to all employed

in the libraries under its control. In Rome and in Florence a course of

bibliographical instruction and examination has lately been instituted.

The syllabus of the course, which is a very good one, lies before me,

and in it the subject is divided into six parts: 1. Paleografia, 2.

Bibliologia, 3. Bibliografia, 4. Biblioteconomia, 5. Amministrazione, 6.

Lingue. The knowledge required is neither recondite nor profound, yet I

shudder to think what the result would be were we Curators to submit

ourselves to the tender mercies of this Italian board. To speak for

myself, I should have faced such an examination without the least

trepidation some twenty years ago; but now, though I have been trying to

brush up faded knowledge, I would not stake a single sixpence on a

favorable issue; and to judge from all I have seen and heard during the

last two years, I suspect that, though a few might perhaps scramble

through, the great majority of us would emerge from the ordeal more

completely plucked than was the unhappy bird, which Diogenes introduced

to the astonished disciples with the words 'Here is Plato's man!'

In 1856 the University, probably suspecting that the board as originally

constituted was not the best that could be devised, yet timidly

shrinking from a radical and salutary reform, endeavoured to improve

matters by a measure which, if it remedied one defect, unquestionably

increased another. It made a board already too large, still larger by

the addition of five members elected by Congregation. In the course of

thirty years fourteen different men have been so elected. That all were

properly qualified to discharge the duties of their office no one will

assert who knows what those qualifications are. Why they were chosen the

University best knows. If Congregation would but remember what a unique

and priceless treasure it possesses in this noble library, if it only

knew how easy it is for rashness and ignorance to damage and to ruin it,

how difficult it is even for knowledge to preserve it, ability and

willingness to serve it would be the indispensable and the only

qualifications demanded, and neither age nor rank, dignity, nor above

all party, would be for one moment taken into account. It may be

remarked that all the thirteen Curators very rarely attend a meeting: in

the course of the last two years such a thing has happened once only;

but a board, the members of which attend intermittently, is apt to show

signs of discontinuity in its proceedings; and a firm, consistent policy

is as necessary in the management of a library as it is in any other

affair of life. What is wanted in Curators is common sense, business

capacity, and a special knowledge of books. No one would dream of

appointing any man an inspector of locomotives on a railway, unless he

were thoroughly acquainted with the structure and working of a

locomotive, and capable, at a push, of driving it himself: a large

library is as complex as a locomotive, and quite as difficult to manage

effectively. Experts, who are not so numerous as might be supposed, will

back me in this assertion; but Convocation must not be astonished if it

is hotly and contemptuously denied.

The minutes of the Curators' Meetings begin on March 20, 1793, and, with

a break of some four years when there are none (from Nov. 26, 1849, to

May 27, 1854), they continue to the present time.

On Dec. 7, 1803, four printed books were allowed to go out of the

Library 'for the use of the Clarendon Press, to be returned when done

with,' contrary to statute so far as appears; and there was a somewhat

similar transaction on June 2, 1815.

On Nov. 27, 1841, the sum of L500 was paid for the Sanscrit MSS. of

Prof. H. H. Wilson, who 'stipulated that the Boden Professor of Sanscrit

for the time being should be allowed the privilege of borrowing MSS.

(not more than two volumes at one time), giving for them a receipt, and

engagement for their safe return.'

In 1850 came the Government Commission. The Commissioners have a good

deal to say about the Bodleian, which will be found in their Report made

in 1852, p. 115 sqq. I do not quote their remarks for a reason which

appears to me valid. There were seven Commissioners all told, and

although they were very eminent persons, there was not one amongst them,

so far as I can discover, who had any special knowledge of libraries, or

of the best way of managing them. Moreover, I myself heard one of those

seven Commissioners say, more than once in the course of conversation,

that he should think it no particular misfortune if the Bodleian and its

contents were totally destroyed. Nor do I feel called upon to incur the

expense of reproducing _in extenso_ the evidence on which the

Commissioners based their recommendations. It may be sufficient to say

that the following witnesses were in favour of the lending system, some

with restrictions and some with hardly any:--the Rev. R. W. Browne; the

Rev. R. Walker; the Rev. B. Jowett; the Rev. W. H. Cox; E. A. Freeman,

Esq.; the Rev. H. Wall; the Rev. R. Congreve; Sir E. Head; N. S.

Maskelyne, Esq.; and the Rev. J. Griffiths. It is not very easy to say

whether Prof. H. H. Wilson and Dr. Greenhill did or did not belong to

the lending party; but if they did, they proposed such restrictions as

would materially lessen the evil. Prof. H. H. Vaughan (a most wordy

person) wished to confine the right of borrowing to the Professors.

Against lending were H. E. Strickland, Esq.; Prof. W. F. Donkin; the

Rev. R. Scott; Travers Twiss, Esq.; Dr. Macbride; the Rev. E. S.

Ffoulkes; and Dr. Phillimore: and I hope nobody will be offended if I

say that knowledge of books and the way to use them is, as might be

expected, very much more conspicuous in those who oppose lending than in

those who advocate it. The Rev. R. W. Browne observes, that 'probably

manuscripts and such books as are unable to be replaced should not be

lent, because it would be quite worth the while of those who wished to

consult them to visit the Library for that purpose.' It is not often

that one meets with so cogent a piece of reasoning, and Mr. Browne's

'because' proves that he had studied Logic with considerable benefit; he

also thinks that the system in the Public Library at Cambridge 'works

well.' Another witness tells us that 'the experience of the Cambridge

University Library, and of many foreign libraries, shews that this

[i.e. lending under certain restrictions] can be done without danger, and

with small loss compared to the immense benefit obtained by it.' Sir

Edmund Head also admires the Goettingen and Cambridge plan, and avers

that experience has proved that the risk of loss and damage is

groundless. How different are these airy speculations from the hard

facts of Mr. Bradshaw the Cambridge Librarian, of the Librarian of the

Advocates' Library at Edinburgh, and of Mr. Panizzi (see below, p. 50

sqq.); but then these gentlemen had the immense and perhaps unfair

advantage of knowing what they were talking about.

In 1853 a Report and Evidence upon the recommendations of H. M.'s

Commissioners was presented to the Heads of Houses. "The Committee think

that the opportunity at present allowed for lending books in _special

cases_, by permission of Convocation, is sufficient to meet extreme

cases; and that it is unnecessary to give power to the Curators to lend

books from the Library."

Dr. Pusey's evidence (p. 172) is that of a man who knows something of

books, and he points out how very fallacious is Sir E. Head's reference

to the Goettingen Library, which is altogether of a different character

from the Bodleian. "In 1825 it consisted almost entirely of modern

books, and whatever accessions it may since have had, it cannot, like

the Bodleian, have any large proportion of books, which, if lost, could

not be replaced." Dr. Pusey is strongly against lending Bodleian books;

but how little of principle there was in his objection will be seen

further on, where we shall find him more than once advocating loans. The

Rev. C. Marriott is also, on very sensible grounds, against lending; yet

it should in common fairness be known that he borrowed a most valuable

manuscript out of Oriel College Library, and died with it in his

possession. It was nearly sent to Africa by his executors, and was at

last, together with other books, actually _given_ (in all innocence of

course) to Bradfield College, from which establishment Oriel at last

retrieved it; so that in his case, as in that of Dr. Pusey, excellent

principles were joined to very loose practice.

Dr. Bandinel, Bodley's Librarian, gives evidence which is short and

sweet. "However weighty some reasons may appear, the evidence materially

preponderates against lending books out of the Library. I need only

quote one great authority, that of Niebuhr," which he does; the passage

is given below, p. 49. Dr. Bandinel also adds, "I have had a long

conversation with the Librarian of the Advocates' Library at Edinburgh,

who stated, that upon comparing the books in that Library with their

different Catalogues previous to the formation of a new Catalogue, it

was found that owing to the practice of lending books from the Library

they had lost upwards of 6000, indeed very near 7000 works." Evidence,

p. 325; an instructive comment on the lending system.

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. Sec. 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.

On Oct. 25, 1860, 'leave was granted by Convocation for the lending two

Laud Manuscripts, 561 and 563, being copies of the _Historia

Hierosoylmitana_, by Albert of Aix, to the French Government[14].' Of

this loan there is, I believe, no trace in the minutes, but it is one

more proof that the Curators, or a majority of them, did not believe

either in their right or in their power to lend books. Whether

Convocation lent these two Laudian manuscripts under bond duly approved,

and for the purposes of publication, Mr. Macray does not state; but it

looks very much as if the University was just as ignorant of its

obligations as the Curators of a later date were of theirs.

[14] Macray, Annals, p. 295.

On Feb. 4, 1862, a man applied for a printed book, which he wanted for a

law case in which he was engaged; the result was this:--"Resolved--That,

there being nothing in the present statutes to forbid the exercise of

the discretion of the Curators in such a case, the book in question be

lent, under such securities and with such precautions as the Librarian

may deem necessary." Let any man read the eleventh and twelfth sections

of the present Bodleian Statute (identical, so far as the present

question is concerned, with that of 1856), and he will see that no

discretion is left to the Curators at all; there is no hint, however

faint, of "such a case." In 1862, Feb. 4, the Curators assume that they

have a power to lend books; on Nov. 7 of the same year they go a step

further, for they leave it 'to the discretion of the Librarian to lend,

if he shall deem fit, a certain MS. to the Belgian Government.' Having

themselves no power to lend, they authorise the Librarian to lend if he

chooses.

In 1863, Feb. 17, notice was given of the following motion:--'That on

application from the Professors teaching at the Museum the Bodley

Librarian be empowered to lend, for a limited time, any books bearing on

the subjects there taught that are wanted by the Students at the Museum;

the books to be returned at the end of each term:' and on March 17 of

the same year this motion was carried with certain alterations, 'and it

was resolved that it should be referred to the Council with a view on

their approval of obtaining the sanction of Convocation'; in other

words, the Curators acknowledged that Convocation could lend, and that

they themselves could not lawfully do so.

In 1859 the Curators, or a majority of them, are clear that they have no

power to lend: in 1862 they assume that they have the power, moreover

they exercise it, and they authorise the Librarian to lend a MS. to the

Belgian Government; yet on Feb. 16, 1864, they appear to disclaim this

power, for they resolve, 'That it be proposed to Convocation to lend

three Icelandic MSS.--to the Icelandic Society in Copenhagen at the

request of the Danish Minister.' They either had the power to lend, or

they had not: if they had, this application to Convocation was

unnecessary; if they had not, they had been occupied for some time in

the not very dignified employment of ignoring a statute which it was

their peculiar duty to observe.

On April 20, 1864, Dr. Pusey most inconsistently moves that a Syriac MS.

be lent; and on May 11 lent it was.

In 1865, March 11, a foreigner has leave 'to borrow Arabian MSS.,

provided the application for the use thereof be made through the Saxon

Minister, and a bond for L50 entered into for the safe return.'

On June 3, 'the use of Manuscripts 169--187 was granted on the

application of Lord John Russell to the French Government for the use of

the Imprimerie of Paris [_sic_] for two months.'

In 1866 the Curators lent manuscripts to the University Library of

Goettingen; and in 1868, Jan. 31, 'it was resolved to lend MS. Selden B.

31 to the Prussian Government.' Ye Gods and Goddesses! We only got

Selden's books at all by consenting to the condition that they never

should be lent under any circumstances whatever; and here we have five

Curators, 'all honorable men,' quietly sending off one of Selden's

manuscripts to Germany. On March 21st of the same year, three Curators

send off another of Selden's MSS. to London. In 1868 an application for

the loan of four Hebrew manuscripts was granted, and apparently they

went to a private house. On Feb. 9, 1869, two Curators, one being Dr.

Pusey, 'were requested to act in the matter of the loan of Hebrew MSS.

to Mr. ---- of ---- College, Cambridge.' On April 17 of the same year a

Laudian MS. was lent to Mr. ----; there is not a syllable in the minutes

about a bond, though that was absolutely necessary, nor any statement

that the book was required for the purpose of publication; Laud's

stipulations are quietly, and no doubt ignorantly broken under the

presidency of the Vice-Chancellor. From this time loans are perpetually

being made; and at least six manuscripts other than those mentioned

above were lent this year. At one meeting (May 22) the whole business

was the granting of loans. In 1870 fifteen MSS. at least were lent,

including one of Douce's--poor fellow! he little dreamt of the fate in

store for his lovely books. One MS. out of the archives was sent to

Philadelphia! In 1871 some thirty manuscripts were lent; many to private

hands; others to Berlin, Cambridge, and Philadelphia. Not content with

these exploits, the Curators positively sent the 39th volume of the

Camden Society's publications to Rouen! In 1872 nearly thirty

manuscripts were lent: one 'subject to the approval of the Librarian,'

thus granting to him concurrent authority with themselves. These books

went some to private persons; others to Cambridge, London, Leyden,

Berlin, Munster, Leipzic, Kiel, Philadelphia, and elsewhere. The

manuscript sent to Munster was an old English book of Laud's; there was

no bond, nor is there any hint that it was lent for publication. Besides

manuscripts they lent printed books, amongst the rest Tyndale's New

Testament of 1534! This portentous act was perpetrated on May 25th,

1872; and the same day there appears this entry on the minutes: 'In

reference to applications for loans during the Long Vacation, it was

agreed, on the suggestion of the Librarian, that he be empowered in

urgent cases, with the assent of two Curators, to grant loans during the

Long Vacation'; an utterly illegal resolution not rescinded till 1886.

For ten years, ever since 1862, the Curators had been lending, on their

own authority, and without a shadow of statutable right, manuscripts and

printed books to persons in Oxford and other parts of England, as well

as to foreign countries: will it be believed that on Feb. 8, 1873, the

Librarian was asked to state his opinion as to 'the lending of books out

of the Library under proper restrictions;' and that on Feb. 28 of the

same year, 'it was agreed that the Curators should proceed by statute to

take power to order the lending out of books under certain

restrictions'? Why this was the very thing they had been doing for years

past; and now by agreeing 'to proceed by statute' they plainly declare

their opinion that for all those years they had been doing something for

which they had no statutable warrant. However, they drew up a draft

statute which was laid before Council, and Council promptly 'struck out

the proposal to lend books out of the Library;' whereupon on March 8th,

1873, one of the Curators moved 'that Council be requested to insert a

provision that books be lent out from evening to morning. This was

agreed to'. On which resolution I shall make no remark, for fear my pen

might run away with me; but most people will be able to supply that

comment which I refrain from making.

This very year 1873 they lent the York Missal, unless in the judgment of

the Librarian 'too valuable to be lent out of the Library': there is a

touch of modesty in this which disarms me, otherwise I could say

something very true, but very unpleasant. The same year an application

was made for one of the Douce MSS., but 'by reason of regulations as to

Douce MSS. this was refused.' What regulations these were it would be

interesting to know, for I cannot discover that there are at present any

regulations, at all events in writing.

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. Sec. 11. 10.) Liceat Curatoribus, sicut mos fuit,

libros impressos et manuscriptos, scientiae 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. Thomae 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

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 Sec.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. Sec. 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.'

And here it should be noticed that all the loans do not by any means

necessarily appear in the minutes. Owing to the illegal resolution of

the Curators of May 25, 1872, (see above, p. 16,) no loans during the

Long Vacation are there entered. Moreover, at some time unknown to me

the Librarian was quietly permitted to let certain persons borrow books

at his discretion, and there at last grew up, it is to be presumed, with

the knowledge of the Curators, what the Library officials call the

Borrowers' List, and what after a time appears in the minutes as 'the

privileged list.' As every one can see, there is nothing whatever in

the statute to justify all this.

I do not for one moment mean to charge the Curators with doing anything

which they thought to be improper or beyond their discretion; but I do

most distinctly charge them with having in fact exceeded their

statutable powers, and with taking the law into their own hands, all, I

doubt not, with the best and most innocent intentions. Unfortunately

some of the most mischievous acts in the world have been done with the

best and purest intentions. Like all other members of the University the

Curators have promised to observe the statutes, and the Vice-Chancellor

and Proctors have not only done that, but have solemnly pledged

themselves to see that the statutes are observed, and are moreover armed

with power to enforce them. If statutes are absurd, it is clearly the

duty of those who control legislation in this place to get them

abolished or amended without delay; if they are not absurd, all are

bound to obey them. As regards the Bodleian there is a special order

(XX. iii. Sec. 12. 3) directing the Curators what to do with an imperfect

statute, and how to do it; but it is one thing to make a statute; it is

a very different thing to get people to obey it. No one who sees the

ease with which statutes are made and unmade, can doubt, that if those

of the Bodleian are defective in any respect, it needs but a word from

one or two members of Council to have all defects remedied. If the

Curators want fresh powers, or more discretion, and greater latitude of

action than they are at present allowed, they have but to ask and

obtain; but I protest most vehemently against the usurpation of powers

not granted by the University as a thing _pessimi exempli_. If the

Bodleian Curators are to do exactly as they like, the University might

just as well spare itself the trouble of legislation. If the University

deliberately chooses to have its statutes nullified, there is, I

suppose, no help for it; yet I cannot but suspect that the University

has no knowledge--at all events no clear and distinct knowledge--of the

way in which we have dealt with the statutes which were intended to mark

out our duties. The secret growth of 'the borrowers' list' is as

singular a thing as is to be found in the history of the Bodleian. The

Curators and the Curators alone have, by a statute of their own

devising, a right to borrow; yet the late Librarian assumed to himself

the right of naming persons who are to have the privilege of borrowing,

and the Curators quietly allowed it, without, as I believe, the faintest

suspicion that they were doing what was wrong.

In 1876 eleven MSS. went some to private persons, others to Augsburg,

Paris, Goettingen, Heidelberg, Cambridge: the book sent to Augsburg

without bond, and without guarantee for publication, was one of Laud's

Greek MSS. On June 24 an application 'from Mr. ---- for use of books at

home during Vacation' was 'assented to.' In 1877 some fourteen or

fifteen MSS. were sent to Heidelberg, Paris, Cambridge, London, Rome,

Copenhagen, Munich, Marburg, besides printed books: the book sent to

Munich was one of Laud's, again in total defiance of all his

stipulations.

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