In 1878 a dozen MSS., or more, went to different people, to Bonn, to

Pesth, Leyden, and Rostock, besides printed books: one book with

illuminations was refused, 'as being one of a class not lent out.' I

have before observed that I know of no written rules at all. On Oct. 26

of this year the Curators surpassed themselves, for there was an

application 'from the Rev. ----, Fellow of ---- College, for permission

to borrow works from the Library to be taken to his rooms. In this

matter it was agreed that power to act on the clause 10, Sec. 11 of the

Bodleian Statute _be delegated_ by the Curators to the Librarian.' There

were ten Curators present on this memorable occasion. The Curators are

themselves delegates, and if they had the right to delegate to the

Librarian the power which the University delegated to them, then what is

sauce for the goose is sauce for the gander: if the Curators _mero

motu_ may delegate their powers, the Librarian may with equal right and

equal reason delegate his, and so on _in infinitum_, to the utter ruin

of all sense of responsibility.

It would be tedious to enumerate all the loans; suffice it to say that

they have gone on year after year; and from this point I shall only

mention a few notable cases.

On May 31, 1879, 'the request of Professor ---- to borrow printed books

from the Library was granted.' Considering that only seven months

before, the Curators had resolved 'to delegate' their lending powers to

the Librarian, it is strange that they did not refer the applicant

straight to that official.

In 1880, June 11, a Selden MS. was ordered to Paris; ten Curators were

present, and it is to be presumed that not one of them knew, what he was

bound to know, namely, the special stipulation made with respect to all

Selden's books.

On Oct. 29, 1880, the Junior Proctor gave notice of the following

motion:--'That in the case of MSS. sent out on loan to persons resident

within the United Kingdom, a pecuniary bond shall be executed by the

person to whom such MS. is lent, of such value as shall be determined

from time to time by the Curators, unless the MS. is sent for use only

within the precincts of the British Museum, or some other approved

Public Library.' On Nov. 27 this motion was made and lost.

In 1881, June 4, 'an application from ---- for the use of books dealing

with the subject of Biblical Chronology at his own house appeared to the

Curators to fall under the provisions of the Statute XX. iii. Sec. 11, 10;

the Librarian exercising discretion as to the number of volumes issued.'

On Oct. 26, 1878, not three years before, the Curators formally

'delegated' their powers to the Librarian; on May 31, 1879, they assume

that they possess what they have 'delegated'; and here they do the same

thing, and all this without any formal and solemn resumption by them of

their 'delegated' powers. On Oct. 29, 1881, it was reported that

Professor ---- of Cambridge had not returned a manuscript borrowed _four

years_ before, and the Vice-Chancellor was requested to communicate with

the Professor in the matter. The manuscript never has been, and in all

probability never will be restored, and our only consolation must be the

fact that it was a transcript of another manuscript in the Bodleian, not

on that account necessarily of little value, for a transcript may, and

sometimes does, become of inestimable value; why it does so, all

acquainted with books know.

In 1882, Feb. 11, a Laudian MS. was ordered to Heidelberg, and a Selden

MS. to St. Petersburg. On Dec. 2, 1882, 'it was agreed that Mr.----,

Fellow of ---- be one of the persons privileged to take out books. It was

agreed that the Librarians be allowed to take out books and MSS. for

their own use.'

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.

This illegal borrowers' list comprises at this moment (subtracting one

dead man and double entries) one hundred and eleven persons, besides the

Clarendon Press. Among these persons are two ladies, who can have no

conceivable right to be where they are, for even those whose tolerant

Latinity suffers them to take _mutuari_ for _commodare_ will hardly

maintain that '_viris doctis_' covers learned women. It includes too

non-residents and foreigners; and I am informed that manuscripts have

been sent for the use of one of these persons more than a hundred miles

as the crow flies. Books are sent by post, and Bodleian money is spent

to pay for carriage. The finances of the Library, however, deserve a

paper all to themselves, and some day they shall have one.

On May 26, 1883, 'an application from Dr. Leumann to be placed on the

privileged list was agreed to.' On Oct. 20, of the same year, two

persons were 'placed on the privileged list of readers;' and on Nov. 24,

another 'was placed on the privileged list;' and from that moment to the

present no other formula is employed in the minutes.

In 1885, Oct. 31, the Librarian applied 'for authority to decline

requests for loans of Selden MSS. and books, and of Laud's MSS. (except

for purposes of publication), without referring the application to the

Curators, as being contrary to the terms of the respective donations.

This was agreed to.' It was, and to my great astonishment it passed

without any remark whatever.

In 1886, March 13, 'Liceat Curatoribus' was ruled to mean 'the consent

of a majority of Curators;' that is to say, the illegal resolution of

May 25, 1872, was silently rescinded. On May 15 of the same year a

committee of four was appointed to consider the practice of loans. At a

meeting on June 19, another name was added to the borrowers' list. Every

Curator knew that the legality of their practice with respect to loans,

and especially with respect to the borrowers' list, had been openly

challenged; notwithstanding this, and in spite of protest then and there

made, the chairman put the name to the vote, and a majority actually

voted for it. This proceeding was, in my opinion (and not in mine only),

irregular and improper to say the least of it, but it was highly

characteristic. After waiting to see whether the Vice-Chancellor or any

other Curator would call attention to the charge brought against the

board, and finding, as I was sure would be the case, that no one shewed

any disposition to do so, I gave notice of a motion for the next

statutable meeting:--_That the borrowers' list be abolished as illegal;

that all books in the hands of borrowers be at once recalled as having

been illegally lent; and that for the future the Statute XX. iii. Sec. 11.

10 be faithfully observed._

On June 28 it was agreed (I being silent for an obvious reason) that

during the Vacation all the Curators in Oxford should meet every

fortnight in the Library at 2 p.m. solely to consider applications for

loans. During the Vacation six such meetings were summoned. On July 10,

three Curators met and refused an application; on Aug. 21, and on Sept.

11, only two were present, and of course declined to act; on Sept. 25,

and Oct. 9, I, who attended all the meetings, found myself alone; on

Oct. 23, there were six of us, and business was adjourned on the ground

that the whole question of loans would be debated on Oct. 30.

Accordingly, on Oct. 30, _all_ the Curators made their appearance, a

thing I never saw before, though they were not all present during the

whole of the proceedings. The motion to abolish the borrowers' list was

duly made and seconded; then, after some confused talk, which could not

be dignified by the name of a debate, an amendment was moved, 'That the

consideration of the regulations under which books _be lent_ be referred

to a committee'; and this was carried, all the Curators being present.

An instruction to the committee was also moved, 'To consider what

alteration is required in the statute with regard to the borrowing of

books'; which was also carried. Next we considered the report of the

committee on loans, and returned it in a somewhat mangled condition to

the reconsideration of those who drew it up. After that, applications

for loans numbered 1 to 16 were discussed, and _all_ were refused. This

exhausted the agenda paper, and should, I apprehend, have finished the

business of the day. However, an application for the loan of manuscripts

_not_ on the agenda paper was considered, and the board, which up to

that moment had refused all applications, including one from Sir

Richard Burton, granted the loan of _seventeen_ manuscripts to _one_

man. In self-defence, let me say that I always vote against all loans

when there is a division.

On Nov. 8 the loan committee recommended that Council be asked to

propose amendments in Stat. Tit. XX. sect. iii. Sec. 11, and thought that

'the farther consideration of the rules framed by them and amended at

the Curators' meeting on Oct. 30 should for the present be postponed.'

On Nov. 25, ten Curators being present, this recommendation was

considered. One of the Curators thought that while there was 'no harm'

in applying for a new statute, yet that it was 'a waste of time' and 'a

little ridiculous': another wished to move an amendment and have the new

statute in _English_, but some of us saw (though no one said so) that

such an amendment would be a highly comic confession on the part of the

_viri variis doctrinis et literis imbuti_; and accordingly it was not

pressed. Then the same Curator proposed that _commodare_ should be

substituted for _mutuari_, and that _sicut mos fuit_ should be struck

out. Four voted for this amendment, which was lost. Even had it been

carried, it would still have been unlawful to lend books to women, for,

as was pointed out at the time, _vir_ means _a man_; but the minority

was in no mood to be affected by philological facts. The original

recommendation was then passed.

The board having thus expressed its opinion that a new statute was

necessary to enable it to lend books had, it might be thought, asserted

that the existing statute does not enable it to do so; accordingly we at

once turned our attention to applications for loans. The first article

applied for was not a book at all, but an inscribed bronze vessel; and

it was observed that we have no statutable right, in other words no

power whatever, to lend such a thing; whereupon some one remarked that

it might be done, _because it is not forbidden_, an argument, which (if

valid) would lead to some startling conclusions.

However, that a decree of Convocation to authorise the loan of this

vessel should be asked for was duly moved and seconded; then the

Curator, who wished to patch the Bodleian Latin statute with a bit of

English, moved as an amendment 'that the Curators lend it', quite

ignoring the fact that they had no statutable power to do so. For this

amendment three Curators voted, one abstained, and the rest voted

against it: finally the original motion was carried. After that, two

loans of books were refused and three were granted.

In applying for a decree to enable them to lend this vessel the Curators

turned over a new leaf. The whole Bodleian statute consists of ten

octavo pages, eleven lines and four words: it can be read out aloud in

thirty minutes, and by eye alone in half that time: there is, therefore,

no excuse whatever for not knowing its contents, and still less for not

obeying it. It is not my purpose at the present moment to point out how

often, and in how many ways, we drive a coach and four through statutes

intended to control our actions; but to complete the subject of loans,

and dismissing the practice of book-lending from further consideration,

it may be noted that the Stat. XX. iii. Sec. 11. 9 allows the Curators

under specified conditions to place certain prints and drawings either

in the Radcliffe or in the Taylor Building; but with this exception, if

exception it be, no power is anywhere given to them to lend any picture,

coin, antiquity, or other object belonging to the library. Nevertheless

I find the following entries in the minutes:--

On April 26, 1865, 'it was agreed to lend "Miniatures" to the Lords of

the Committee of Council on Education to be exhibited in the South

Kensington Museum.'

On Oct. 28, 1865, 'the Curators sanction the loan of such Pictures as

may be desired for the National Exhibition of Portraits at Kensington in

1866.'

On Dec. 12, 1865, 'that the loan of the Pictures according to the list

sent, save that of Sir Thomas Bodley, be granted to South Kensington

Museum Exhibition of National Portraits.'

On March 8, 1867, 'a letter from the Secretary of the Earl of Derby was

read asking for the loan of eighteen Pictures for exhibition at

Kensington. This was acceded to.'

On Jan. 31, 1868, 'it was resolved ... to lend to the Leeds Exhibition

the Portraits they wish of Yorkshire Worthies.'

On Feb. 5, 1870, 'an application from Mr. Cosmo Innis, of the General

Register house, Edinburgh, for the loan of the old map of Britain of the

14th century, which hangs on the wall of the Library, to be traced in

facsimile, under the care of Sir Henry James, for the 2nd volume of the

National MSS. of Scotland, was granted.'

On Feb. 14, 1874, 'an application from the South Kensington Museum was

read, asking for the loan of remarkable specimens of Book-binding for

next year's International Exhibition. In this matter it was agreed that

the Museum should be invited to send a person to Oxford to inspect, and

that it should be left to the discretion of the Librarian to decide upon

lending any specimen required.'

On April 28, 1877, 'an application from Mr. Blades [_sic_] on behalf of

Caxton memorial committee for the loan of certain early printed books to

a Public Exhibition at South Kensington was considered and granted.'

On May 26, 1877, application 'for Bibles to be sent to the Caxton

Exhibition. This was granted, and the Librarian was directed to take

such measures as might be necessary to ensure secure transmission.'

On May 11, 1878, permission was given to lend the Selden Portrait to the

Nottingham Art Exhibition; and an application from the Bath and West of

England Agricultural Society for works of art, &c. for their approaching

meeting at Oxford, was considered. This was left to the Librarian's

discretion.

On Nov. 13, 1880, Wyngarde's Plan of London 'to be granted under a bond'

to Mr. Wheatley.

On April 29, 1882, the Portrait of Sam. Butler was lent to the

Worcestershire Exhibition of Fine Arts.

On Feb. 2, 1884, Drake's Chair was lent to the Mayor of Plymouth.

On May 2, 1885, 'the Librarian presented applications from the

Exhibition of Inventions now being held for the loan of certain MSS.;

certain early printed books; certain works on music. It was agreed that

the Librarian be empowered to lend out of the above as required, as he

may think well, to the Exhibition.'

At this last meeting I was present, and the following is a verbatim copy

of my note written the same day:--

'An Exhibition of Inventions (I have not got the name correctly) applied

for the loan of certain MSS. and books from Bodleian: 5 MSS. Liturgies:

3 Bodley MSS. 515, 775, 842: Gough, Missal 336: an Ashmole book, and 2

English.--I objected, but the loan was carried, except as to 775

Bodley.' I have lately been informed that one of the books sent up to be

stared at by the mob of sightseers was a Selden book: this I neither

knew nor could have known at the time, or it should have been stopped,

if protesting could have stopped it.

In every one of these cases the Curators, with the most perfect

innocence, took upon themselves to do what they had not a shadow of

right to do. If the University is content to have its property so dealt

with that in case of damage or loss its only remedy would be to mulct

the Curators, there is nothing more to be said; but it is just as well

that the University should know what has been done in the past, and what

would have been done in the future, had not a protest been made against

the practice; and even now, though the board as a board has seemingly

condemned its former doings, it still contains a stubborn and impenitent

minority. If the University wishes its statutes to be obeyed, it should

ordain substantial pecuniary fines for breaches of them; if it does not

care whether they are obeyed or not, it is a pity that it wastes its

time in enacting them.

* * * * *

And now as to the policy of lending the printed books and manuscripts of

the Bodleian. The question is not whether it is a good or a bad thing to

lend books, nor whether it is a good thing for this or that library to

do so; it is simply whether it is right to lend Bodleian books. It may

be argued that it is right to do so--

1. Because books are made to be used, and they will be very much more

used if they are lent than if they are not; moreover it is generally

more convenient to read in one's own room than it is in a public place.

Some men cannot read, certainly cannot read and think in a library, or

in the midst of company; I cannot myself, and all that I have ever been

able to do in such places is to make extracts, verify references and the

like; but to read a book as I should in my own room is to me, and

probably to many people, impossible. If you go to a public institution

you must go when it is open; you must sit still; you must not whistle or

make a noise; you must not smoke; you cannot lie down and read on your

back; you cannot throw the book aside, go for a walk, and resume your

perusal; you cannot read quietly over the fire of an evening; you cannot

read in the small hours of the night, and so on _ad infinitum_. Yet all

this you can do if you are allowed to borrow the books. You can then

treat them exactly as if they were your own. It is clear that this

argument may be expanded in a multitude of ways, and no one is so

destitute of imagination as not to be able to fill up the details to

suit his own particular case and fancy.

The answer to it is very simple. You cannot by any device or contrivance

combine the advantages of private and of public property. He who wishes

to use the books of a public library must submit to many personal

inconveniences; and the man who is unwilling to deny himself for the

general good is the very last person in the community to whom any favour

ought to be shown, and of all people he least deserves the favour of

borrowing. He who has ever been foolish enough to lend his own books

freely, learns by almost unvaried experience that hardly one man in

twenty can be trusted: your book comes back (when it comes back at all)

more damaged by a month's outing than the owner would occasion in fifty

years. The book of a public library is even less regarded, as a rule,

than that belonging to a friend; for the friend may have a sharp tongue,

and a knack of using it, whereas a librarian is an official; even if he

ever has time to look through the books when they are returned, his

censure is disregarded, and after all accidents will happen, and the

book might possibly have been equally damaged had it never left the

library walls. It is really astonishing how few men there are in the

present day who know how to use a book without doing it real and often

serious damage. Over and over again have I seen men who would be very

angry to be called boors deliberately break the back of a book. Over and

over again, both in libraries and in private rooms, have I seen the

headband broken, simply because people did not know how to take a book

off a shelf. Again and again I have seen men of education (but grossly

ignorant for all that of the ways of books) play such pranks with my own

volumes as made me shudder. The horrid trick of turning a leaf by

wetting a finger I have seen practised in this seat of learning over and

over again by Graduates, by Professors, by Heads of Houses; and years

ago I saw that same nasty trick played _pro pudor!_ in the sacred

precincts of the Bodleian itself _on a manuscript_, which will bear to

its last moment the impression of the dirty thumb (and it _was_ dirty)

that perpetrated the uncleanly act. Often and often you see a man

sitting close over the fire with a well-bound volume; a few such

experiments will ruin the binding of any book; if it is his own, well

and good, though even so the act is that of a barbarian: but suppose it

a Bodleian book, what then? Why in that case the binding bills will be

higher than ever, to say nothing about the ruin of the book itself. A

man who knows how to handle a book will use a volume habitually for

years and leave no trace of wear and tear behind him; but the average

man, even though he may be a Master of Arts, is, not unfrequently,

totally unfit to have the use of any books in good condition, even in a

library, much less out of one.

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