Selected quad for the lemma: lord_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
lord_n bishop_n england_n king_n 11,097 5 3.7389 3 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A78169 Bishop Barlow's state of the case, whether any books may be lent out of Sir Thomas Bodley's library? Occasioned by Mr. Selden's soliciting the University for certain MSS. out of it. Barlow, Thomas, 1607-1691. 1670 (1670) Wing B843A; ESTC R232421 4,851 4

There is 1 snippet containing the selected quad. | View lemmatised text

Vid. Appendicem Stat. inter Stat. Bibl. Bodl. § 8. Will of our Pious Founder EDICTUM PERPETUUM ET INDISPENSABILE And this is confirmed by the University Statute with the Annexation of an High Penalty making it Banishment for any to propose a Dispensation in this particular And though notwithstanding the Severity of these Statutes the University by her Absolute Power have Authority to dispense in some Cases yet never without that Legal Solemnity and Formality of Law which is expressed in the Statute that is The Chancellor must be acquainted with the Business and he must approve and refer it to the Heads of Houses else no Dispensation can be proposed And when he hath done this unless the Vice-Chancellor and Proctors with the Major Part of the Heads of Houses approve it too and that after Mature Deliberation it cannot yet be proposed And when all this is done unless the Convocation do approve it no Dispensation is or can be granted V. Here it may be further inquired 1. De Praeterito Whether the University have Dispensed And it is manifest She has not For though a Dispensation was proposed and granted yet seeing that Proposition wanted the necessary Requisits and Formalities of Law expresly required by Statute as Antecedent to such Proposition therefore 1. The Proposition was Illegal 2. The Proposer by Statute Criminal having incurred the Censure of Banishment if the Rigour of the Statute were executed 3. And the Concession and Grant of the House which followed upon these Illegalities must needs be null 2. De Futuro Whether in Reason and Prudence She ought that is whether it may be rationally thought to be è re Academiae and for the Publick Good of the University to dispense with those Statutes which our Pious Founder and wise Ancestors made and desired they might continue Indispensable to gratify any private and particular Person whatsoever VI. And here I shall not be so confident or impudent rather as to take upon me Categorically to determine this Question that I shall leave as of right I should to the Authority and Prudence of the University only I shall crave leave to offer these Considerations which possibly may not be altogether impertinent as to the stating of this Particular 1. That the University hath hitherto esteemed the Founder's Will and Statute so sacred that they have denyed to dispense with it though to gratify the greatest Personages of this Nation So Anno 1624 Williams Bishop of Lincoln and then Lord Chancellor of England would have borrowed Paulus Benius Eugubinus de dirimend Controvers de grat Lib. Arbit but was denyed Again Anno 1645. King Charles then in Oxon desired to borrow Mr. D' Aubigne's History Dr. Fell the Vice-Chancellor sends a Command to Mr. Rouse then Head-Keeper of the Library to deliver it He goes to the King and shews him the Statute which being read the King would not have the Book nor permit it to be taken out of the Library saying it was fit that the Will and Statutes of the pious Founder should be Religiously observed And April 1654. My Lord Protector sent his Letter to Mr. Vice-Chancellor to borrow a MS. Joh. de Muris for the Portugal Ambassador A Copy of the Statute was sent but not the Book which when his Highness had read he was satisfy'd and commended the Prudence of the Founder who had made the Place so sacred Now would it be thought proper to lend to an Inferior Person and deny my Lord Protector Or can we think that Statute will not satisfie any Subject which his Highness was so well pleased with 2. If the University by her Absolute Power should dispense with this Statute which the Pious Founder calls in dispensable and give Way that one may borrow then by doing this to One a Gap is open to All who may be or think themselves to be as great and good to desire the same Favour and if we consent and lend all by this means the Books will be dispersed and many Books in private Hands which were intended for the Publick 3. Suppose three Books at a time be lent to any private Man 't is true he is furnish'd but 't is manifestly to the Prejudice of the Publick the University wanting those Books while he has them So that if any Foreigner coming hither from abroad should desire to see them or any at home desire to use them both are disappointed to the Diminution of the Honour so the University in the one and the Benefit it might have by those Books in the other And therefore it seems most agreeable to reason and the Publick Good and the declared Will and Precept of our Prudent and Pious Founder not to lend any Books out of the Library for by not lending private Persons only want the use of those Books which are another's whereas by lending the University wants the Use of those Books which are her own Sure no prudent Man can think it fit to gratify Particular Persons with the publick Detriment 4. The Library is a Magazine which the Pious Founder hath fixed in a Publick Place for a Publick Use and though his Charity to private Persons is such that he will hinder none who is justly qualify'd and worthy to come to it yet his Charity to the Publick is such that he would not have it Ambulatory to go to any Private Person And sure 't is more rational that Mahomet should go to the Mountain than that the Mountain should come to Mahomet 5. Lending Books makes them liable to many Casualities as Absolute Loss either by the Carrier's Negligence or Violence offered him by the Way or they may be lost by the Person that borrows them for presuming the Person Noble and carefull for their Preservation yet his House may be burn'd or by Robbers broke open as Mr. Selden's unhappily was or in case they escape these Casualities they may be spoyl'd in the Carriage as by sad Experience we find for above 60 or 100 Leaves of a Greek MS. Num. 131. lent out of Bibliotheca Borrocciana to Mr. Pat. Young were irrecoverably defaced Now what has happened heretofore may happen hereafter and therefore to keep them sacredly and without any lending in the Library according to our Good Founder's Will and Statute will be the best way for their Preservation 6. If the Will and Statute of the Founder were Religiously kept and all lending declared unlawfull it would be a great Encouragement for Men to give more to that Magazine when they should see the Sacredness of the Place and from thence be sure that what they gave should be Religiously preserved 7. Lastly if the University do ratify the Will and Statute of our Pious Founder and declare against lending of any Book to any Person in any Case whatsoever except for the Press * See Archbishop Land's Hist of his Chancellorship of OXFORD p. 73 and 79. which Archbishop Laud and Sir Kenelm Digby allow as to their Books in their Donations as this will conduce to the Preservation of the Books so 't will free the University from Solicitations and if any should solicit for Borrowing any Books yet he had no Reason to take it ill if he were deny'd seeing 't is impossible that any Person of Honour and Prudence can think our Fidelity to Sir Thomas Bodley to be an Incivility to Him