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] Reliquiæ Bodleianæ, 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.§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.