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MARSH’S LIBRARY ACT 1707
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CHAP. XIX.
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An Act for settling and preserving a publick library for ever, in the house for that purpose built by his grace Narcissus, now lord archbishop of Armagh, on part of the ground belonging to the archbishop of Dublin’s palace, near to the city of Dublin.
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The publick library built by archbishop of Armagh at St. Sepulchre’s Dublin, the ground, garden, &c. vested in trustees and their successors for ever,
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unalienable,
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free from all incumbrances, and claims,
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and taxes, unless hereafter expresly charges:
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WHEREAS the most reverend father in God Narcissus, lord archbishop of Armagh, primate and metropolitan of all Ireland, in the time that he was archbishop of Dublin, did, out of his generous inclinations to the publick good of this kingdom, for the propagation of the true Christian religion as by law established, and for the encouragement of learning, at his own great costs and charges erect and build a fair large house upon part of the garden or ground belonging to the house of Saint Sepulchers, which is the ancient feat or palace of the archbishops of Dublin, near to the city of Dublin : and has also by the consent of his grace William, lord archbishop of Dublin, fitted, prepared, designed, and appointed, the second story, or floor of the said house for a publick library for ever, for the use of all persons who shall resort thereto, at the hours appointed for the library-keeper’s attendance; and shall conform themselves to the rules, orders, and directions of the governors thereof for the time being: and has also provided all things convenient for the better order, use, and standing of the books therein, intended to be kept; and hath likewise fitted and prepared the ground-rooms of the said house for the accommodation of the reverend Mr. Elias Bohereau, the present library-keeper, and his successors, keepers of the said library for ever; and hath also laid out a piece of ground for a court or garden to the said house, and another piece of ground for the enlargement of the said house, and making a convenient passage thereinto for the lord archbishop of Dublin from his said palace, when it shall be thought fit so to do; and, to avoid any inconveniences that might attend the archbishop of Dublin by means of a publick passage through their said palace, hath made a convenient way or passage to the said house from Saint Patrick’s Close, with the consent of the dean and chapter of the cathedral church of Saint Patrick’s Dublin, and has inclosed the same with a stone-wall, and placed a gate at the entrance thereof; the said way or passage containing eighty four foot in length, and nine foot six inches in breadth, the said ground, whereon the said house is built, together with that which is laid out for making an addition to the said house, and for a court or garden thereto, containing twenty perches and one hundred sixteen foot, plantation measure, be the same more or less, bounded on the North by a parcel of ground belonging to the treasurer of Saint Patrick’s Dublin, ninety nine feet and six inches; on the East, by a garden belonging to the archbishop of Dublin’s palace, fifty four feet, and by part of the said palace fifty feet and six inches; on the South, by the back-way or passage leading to the archbishop of Dublin’s palace, sixty one feet six inches, and by part of the said palace, thirty five feet; and on the West, by the church-yard of Saint Patrick’s Dublin, and by part of the passage to the said library from Saint Patrick’s- Close, being together one hundred and two feet: and whereas the said Narcissus, lord archbishop of Armagh, hath also bought that very valuable collection of choice and excellent books, which was made by the learned doctor Edward Stillingfleet, late lord bishop of Worcester, deceased, containing two thousand five hundred seventy and four books in folio, or thereabouts; six thousand nine hundred thirty and eight in quarto, octavo, and lesser volumes, besides many pamphlets; and hath provided iron-chains, rods, and clasps, for the better preservation of the larger books; and close lattices, with locks, for the safe keeping of the books of the smaller size; all which said books, together with the said rods, clasps, lattices, and locks, are declared by the said Narcissus, lord archbishop of Armagh, from and immediately after passing this present act, to be by him bestowed on the publick, and designed to be lodged in the said rooms, by him built, prepared, and designed, for a publick library: and whereas the said Elias Bohereau, in consideration of his being made keeper of the said library, hath lodged a considerable number of books in the said house, built by the said Narcissus, lord archbishop of Armagh, (viz.) three hundred seventy and three volumes in folio, three hundred eighty and three in quarto, one thousand three hundred and twenty two in smaller volumes, besides some unbound books; to the intent that the same shall, from the time of the passing this act, for ever remain and be kept in the said library, as his gift, and as an addition to the said library or collection of books so bought and given by the said Narcissus, lord archbishop of Amagh, for the same use and purpose, and no other: be it enacted by the Queen’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in Parliament assembled, at the humble suit of the said Narcissus, lord archbishop of Armagh, William lord archbishop of Dublin, the dean and chapter of Saint Patrick’s Dublin, and the said Mr. Elias Bohereau, that the house before mentioned to be built by the said Narcissus, lord archbishop of Armagh, the ground on which it stands, the garden or court thereto belonging, and the other parcel of ground herein before mentioned, to be laid out for the inlargement of the said house, and for a way thereto from the archbishop of Dublin’s said palace, and the said ground laid out for a way to the said house from St. Patrick’s-Close; and also all and every the before mentioned books, chains, rods, clasps, locks, and keys, and also all the classes, shelves, desks, tables, and all other appurtenances to the said house and library belonging, shall be and are hereby actually settled and vested in the said archbishop of Armagh for the time being, the lord chancellor of Ireland for the time being, the lord archbishop of Dublin for the time being, the lord chief justice of her Majesty’s court of Chief-place in Ireland for the time being, the lord chief justice of her Majesty’s court of Common-pleas in Ireland for the time being, the lord chief baron of her Majesty’s court of Exchequer in Ireland for the time being, the dean of the cathedral church of the Holy Trinity, Dublin, for the time being, the dean of the cathedral church of St. Patrick’s, Dublin, for the time being, and the provost of Trinity-college, near Dublin, for the time being, and their successors for ever; in trust, and to and for the respective uses, intents, and purposes, in this act before mentioned, to be intended concerning the same respectively: and that the same shall remain, continue, and be in the said trustees and their successors for ever unalienable, and without their being capable of forfeiting, selling, or otherwise disposing of the same, otherwise than as in this act is hereafter mentioned; and also freed, and for ever discharged, of and from all judgments, statutes, executions, extents, elegits, and of and from all other incumbrances of what kind or nature foever; and also of and from all right, title, interest, claim, or demand of him the said Narcissus, lord archbishop of Armagh, his executors, or administrators; and of the said William lord archbishop of Dublin, and his successors; and the said dean and chapter of St. Patrick’s, Dublin, and their successors for ever; and of the said Mr. Bohereau, his executors or administrators: and also freed, and for ever discharged, of and from all manner of taxes, and of and from all chimney-money, hearth-money, and lamp-money, and of and from all manner of taxes or charges hereafter to be imposed by act of Parliament, unless the same shall be charged expresly, and by name, in and by such future act or acts of Parliament; any law, usage, or custom to the contrary thereof in any wise notwithstanding.
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said trustees a corparation for purpose of this act, governors and guardians,
to meet and make rules,
to be observed by the librarian, on pain of suspension,
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II. And for the better preservation of all the said books, and of the said house and library, with their and every of their appurtenances, and for making the said library more useful to the publick, be it further enacted, That the lord archbishop of Armagh for the time being, the lord chancellor of Ireland for the time being; the lord archbishop of Dublin for the time being, the lord chief justice of her Majesty’s court of Chief-place, in Ireland, for the time being, the lord chief justice of her Majesty’s court of Common-Pleas, in Ireland, for the time being, the lord chief baron of her Majesty’s court of Exchequer, in Ireland, for the time being, the dean of die cathedral church of the Holy Trinity, Dublin, for the time being, the dean of the cathedral church of St. Patrick’s, Dublin, for the time being; and the provost of Trinity-college, near Dublin, for the time being, shall be and are hereby created a corporation or body-politick for the purposes in this act contained only, and appointed governors and guardians of the said house and library, built and erected by Narcissus lord archbishop of Armagh, for ever; and that they the said governors and guardians, or any three or more of them, the archbishop of Dublin being present and of that number, but in case the archbishop of Dublin be out of this kingdom of Ireland, or be sick, or during the vacancy of the said see of Dublin, that then any five or more of the said governors and guardians shall have power and authority, and are hereby authorized to meet together from time to time, and as often as there shall be occasion, to consider of and to make such reasonable rules and orders for the better government and management of the said house and library, as they shall think necessary and convenient: to which rules and orders, by the said governors and guardians made as aforesaid, the library-keeper for the time being shall for ever be subject, and shall from time to time observe, on pain of being suspended from the said office or imployment, and from the income, profits, lodgings, and perquisites thereto belonging, at and during the pleasure of the said governors and guardians.
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and deprivation, if he continues obstinate seven days afterwards.
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III. And be it further enacted, That in case the said library-keeper shall continue obstinate seven days after his being suspended as aforesaid, and will not observe the orders, rules, and directions of the said governors and guardians, that then and in such case the said governors and guardians, or any five or more of them, the archbishop of Armagh, or the archbishop of Dublin for the time being, being present, and of the said number, shall have power, and are hereby authorized to meet together, and to deprive and remove the said library-keeper, of and from the said office or imployment; and to take from him the income, profits, lodging, and perquisites to the said office belonging, from the time of his continuing and being declared obstinate as aforesaid; and also that another library-keeper be nominated and appointed in like manner, as if the library-keeper so deprived or removed were naturally dead.
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Elias Bohereau librarian during life.
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IV. And be it further enacted by the authority aforesaid, That the said master Elias Bohereau be, and he is hereby declared, keeper of the said library, for and during his life, subject nevertheless to and under the rules, conditions, provisoes, and regulations herein expressed, touching and concerning the said library-keep a for the time being.
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The chantorship or treasurership of the cathedral becoming void shall be conserred on him, subject to same jurisdictions.
On certificate of his being deprived of said dignity, he shall he deprived of said office.
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V. And that for his support and maintenance, and for the support and maintenance of the succeeding keepers of the said library, your Majesty’s most loyal and dutiful subjects, the said Narcissus lord archbishop of Armagh, and the said William lord archbishop of Dublin, humbly beseech your most sacred Majesty, that it may be enacted, and be it enacted by the authority aforesaid, That whensoever either the chantorship or the treasureship of the cathedral church of St. Patrick’s, Dublin, shall become void, that such of the said dignities, as shall first become void, shall be by your Majesty, your heirs or successors, or by the archbishop of Dublin or his successors, in whole gift the same shall happen, to be conferred on the said master Elias Bohereau, or the keeper of the said library for the time being, who shall enjoy the same during his continuance in the said employment, subject nevertheless, as a dignitary of the said cathedral church, to all jurisdictions, visitations, duties, and penalties, to which the chantor and treasurer of the said cathedral church, or either of them, are subject; and in like manner as the said chantor and treasurer, or either of them, are or were subject at the time of making this present act; any thing in this act contained to the contrary notwithstanding: and if it shall happen that the said library-keeper shall be legally deprived of his said dignity conferred on him as aforesaid, that then, upon certificate to the guardians and governors of the said library of such deprivation, the said library-keeper shall be by the said guardians and governors, or any three or more of them, also deprived of his office of keeper of the said library, and another person shall be put in his place, as is before in this act mentioned.
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Archbishop of Dublin to have appointment of librarian,
who must be a presbyter of the church by law established, and master of arts in England or Ireland, give security for 500l. that the books shall not be lost, and take the following oath.
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VI. And be it further enacted by the authority aforesaid, That the nomination and appointment of a library-keeper for the said library after the death or removal of the said master Elias Bohereau shall be and is hereby vested in the archbishop of Dublin for the time being; and that it shall and may be lawful for the said archbishop of Dublin for the time being, as often as there shall be occasion, upon the death or preserment of the library-keeper for the time being, or upon the surrender, forfeiture, or other avoydance of the said office, to nominate and appoint a library-keeper for the said library; and that the person so nominated and appointed, and none other, shall be the library-keeper for the time being, and be intitled to the lodgings or appartments under the said library, or such part thereof as the said governors and guardians shall think fit, and the said garden or court thereto allotted, and to the salary and other perquisites to the said office belonging: provided the person so nominated and appointed library-keeper be a presbyter of the church of England or Ireland as by law established, and that he has taken his master of arts degree in some of the universities or colleges of that part of Great-Britain formerly and commonly called England, or in Ireland; and that before his admission to the office of library-keeper, he Shall give to the said guardians and governors security to the value of five hundred pounds sterl. by recognizance with sufficient sureties that none of the said books shall be lost or otherwise imbezelled, and shall also take the oath following, viz.
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I A B. do swear, that I will use my utmost care and endeavour to preserve all the books and other things, that are or shall be committed to my charge by the governors and guardians of the publick library built and erected by Narcissus lord archbishop of Armagh, at or near to saint Sepulchres Dublin; and that I will not wittingly or willingly suffer any of the said books, during my continuance in the office of library-keeper, to be lent abroad, given away, or imbezelled, or to be any wise damnified through my default; and that I will, to the utmost of my power, observe all statutes, rules, and constitutions already made, or hereafter to be made, concerning the office of the said library-keeper, while the same shall continue in force, and I shall continue in the said office.
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So help me God.
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Which said oath the archbishop of Dublin for the time being, or, in case of his absence from Dublin, sickness, or vacancy of the said fee, any two or more of the said governors and guardians, are hereby authorized and impowered to administer, and to tender the same.
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Gifts to the library vested in the governors to uses appointed by donor.
Said governors may sue for the same, non obstan stat of mortmain.
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VII. And be it further enacted, That all lands, tenements, sum or sums of money, books printed and manuscripts, and all other things of what kind or nature soever, which shall at any time after the passing this act be given or disposed of, whether personally, or by deed or will, to the use of the aforesaid library, or office of library-keeper, shall be vested in the said governors and guardians of the said library for the time being, to the use of the said library or library-keeper for ever, and to such other uses, intents, and purposes, as shall be declared or appointed by the person or persons giving, granting, or devising the same, and to no other use, intent, of purpose whatsoever, unalienable, and without their being capable of forfeiting, selling, or otherwise disposing of the same, otherwise than as in this act hereafter mentioned: and that the said governors and guardians for the time being, in their own names, as by the title of the governors and guardians of the library erected by Narcissus lord archbishop of Armagh at or near to saint Sepulchres Dublin, shall have power, and are hereby authorized and impowered and enabled to accept, take, and receive, all such gifts, grants, and legacies, and to stand and be seized and possessed thereof for ever, to the uses and under the trusts aforesaid, and be capable to sue for the same in any court of law or equity; the statute of mortmain, and all other laws, statutes, usages, or customs to the contrary thereof in any wise notwithstanding.
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If 1501 per annum given to librarian for ever, said dignity shall on next avoidance be disposed of as if this act not made,
and then the nomination of librarian shall on vacancy be as the governors and donor appoint, and no necessity to chuse a presbyter.
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VIII. Provided always, and be it further enacted, That if any person or persons shall at any time or times hereafter beflow for the support of the said library-keeper, and the succeding library-keepers, the sum of one hundred and fifty pounds per annum, or more, for ever; that then the aforementioned dignity, conferred on the said library-keeper, shall immediately upon the next avoidance of the said office, be disposed of by such persons, to whom the disposal thereof shall of right belong, in such manner as if this act had never been made: and when any such yearly sum as aforesaid shall be given for the support of the said library-keeper, that then and in that case the nomination of the library-keeper, when the said office shall become vacant after the said gift, shall be in such manner as the said governors and guardians, and such person or persons who gives such annual sums, shall direct and appoint; and that then and in that case the said persons, hereby required and impowered to nominate a library-keeper, shall not be obliged to choose a presbyter, but, from and after the time of the said dignities being separated and taken away from the said office, shall be and are hereby impowered to choose any person otherwise qualified as aforesaid for the said office; any thing in this act contained to the contrary thereof in any wise notwithstanding.
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said governors may change books hereafter given, whereof there are duplicates; or sell, and buy others.
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IX. Provided always, that it may be lawful for the said guardians and governors, or any three or more of them, to change any book or books, which shall hereafter be given to the said library, and whereof there are duplicates in the same, for other books to be put into the said library, or to sell such duplicates, and with the money arising by the sale thereof to buy such other books, as they shall think proper to be put into the said library; any thing in this act contained to the contrary notwithstanding.
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Librarian to enter in a vellum book all future gifts, benefactor’s names, &c.
sign the same, and expose it to view.
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X. And to perpetuate the memories of all such, as shall hereafter be benefactors to the said library, and to the intent that all, who are desirous to know, may be informed how all legacies, sum or sums of money, lands, tenements, or other the premisses, which hereafter shall be given to the use of the said library, are applied and disposed of by the guardians and governors thereof; be it further enacted by the authority aforesaid, That the library-keeper for the time being shall in a large vellum or parchment book, prepared and given by Narcissus lord archbishop of Armagh for that purpose, enter and keep an exact account of all gifts, grants, sum or sums of money, books, and of all other things which shall be hereafter given for the use of the said library, together with the names of the benefactors, the place of his, her, or their abode, and to what uses the same were given, and how the same have been and are applied and disposed of by the governors and guardians of the said library; and that the said book shall be signed by the library-keeper for the time being, and by him shall be exposed to view in the most publick place of the said library.
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This act, with a map of the ground, and rules and orders, to be entered in a vellum book,
signed by the governors and exposed to view.
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XI. And be it further enacted by the authority aforesaid, That the library-keeper for the time being, or some other person to be appointed by the governors and guardians of the said library, or any three or more of them, from time to time as there shall be occasion, shall in a fair vellum or parchment book, prepared for that purpose by the said Narcissus lord archbishop of Armagh, enter, or cause to be fairly written and drawn, this present act of Parliament, together with a map or plan of the ground hereby vested in the said guardians and governors, and all such rules and orders as shall be made by the said governors and guardians from time to time pursuant to this act; and that the said book containing the said act of Parliament, map, or plan of ground, and rules and orders, after they are signed by the said governors and guardians, shall be exposed to view in the most publick place of the said library.
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Said governors to visit, inspect, and make rules the 2d Thursday in October yearly, and adjourn as they think fit.
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XII. And be it further enacted by the authority aforesaid, That the said guardians or governors, or any three or more of them, whereof the archbishop of Dublin (unless then sick or out of this kingdom, or that the said fee shall happen to be then vacant) shall always be one, and in case of such absence or sickness that one of the governors aforesaid, whom the said archbishop shall under his hand and archicpiscopal seal appoint to be present and of that number, shall on the second Thursday in the month of October in every year personally visit the said library, and inspect the state and condition of the same, and of every thing therein contained, and at such their visitation make such orders and rules, and give such directions concerning the same, as to them, or the major part of them, shall seem necessary and convenient; and that the said guardians and governors may adjourn their said visitations to such further time or times as they, or the major part of them, shall think fit.
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Three catalogues of the books to be prepared by librarian,
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XIII. And be it further enacted by the authority aforesaid, That the library-keeper for the time being shall prepare, on or before the first visitation of the said library, three fair catalogues of all the books and other particulars in the said library contained, which catalogues shall be signed by the said library-keeper, together with the names and titles thereof, one of which shall be constantly kept in the said library, another shall be delivered by the said library-keeper to the said guardians and governors, who shall deposite the same with the archbishop of Dublin, to be kept by his grace and his successors for their use, and the third shall be lodged in the registry of the archbishop of Dublin: but in case it appears to the said guardians and governors, that the said library-keeper cannot prepare the said catalogues within the time above mentioned, limited, and expressed, that then the said guardians and governors shall allow the said library-keeper such further time for the preparing the same, as to them shall seem convenient.
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and as often as occasion shall require after enlargement thereof.
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XIV. And, if it shall happen that at any time hereafter the said library shall be enlarged or augmented, be it further enacted, That the said library-keeper for the time being shall from time to time, as often as occasion shall require, make three fair catalogues of all such books and other particulars, wherewith the said library shall be so enlarged or augmented, and the same signed by him shall deliver to the said guardians and governors at their next visitation of the said library after such augmentation or enlargement; one whereof shall be by them deposited in the said library, another left in the custody of the archbishop of Dublin for the time being for the use of the said guardians and governors, and the third shall be lodged in the registry of the archbishop of Dublin.
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Due notice of meeting to be given.
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XV. And whereas it is necessary that the said governors and guardians should have due notice of the time and place for their meeting, to execute the trust reposed in them by this act; be it further enacted, That the archbishop of Dublin for the time being, or in case of his absence or neglect, that then any two of the said governors and guardians are hereby directed to give due notice, or send summons to each of the said governors and guardians of the time and place intended for the meeting of the said governors and guardians for the purposes aforesaid, twenty four hours at the least before the time of such meeting.
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Librarian to keep the buildings in repair,
on neglect so much of his income to be applied;
and he may be suspended by archbishop.
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XVI. And be it enacted by the authority aforesaid, That the said Elias Bohereau, and all and every his successors, keepers of the said library, shall from time to time, and at all times hereafter, as often as need shall require, keep, support, and maintain the said library and the buildings thereof in good and sufficient repair at his and their own proper costs and charges; and in case he or they shall neglect the same, the archbishop of Dublin for the time being, and his successors, shall and may receive so much of the revenue of the said library-keeper hereby granted, as shall be necessary for such reparations, and to apply the same accordingly: and that from and after the said chantorship shall fall, and be enjoyed by such keeper of the said library, the said archbishop and his successors shall and may suspend such keeper of the library as aforesaid, neglecting to keep the same in separation, ab officio et beneficio, until the feme shall be sufficiently repaired as aforesaid.
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The vicarage of Burgage insufficient to support the incumbent,
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XVII. And whereas the rectory of Burgage, alias Blesinton, is part and parcel of the corps of the said chantorship of St. Patrick’s, and the vicaridge of the said parish of Burgage is very small, and insufficient to support the incumbent that has cure of fouls in the said parish: be it enacted, That it shall be lawful to and for the lord archbishop of Dublin for the time being, with the assent and consent of the chantor for the time being, and of the dean and chapter of St. Patrick’s Dublin, out of the tithes belonging to the said chantor in the said parish, to augment the said vicaridge to the value of any sum not exceeding fifty pounds per annum.
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Archbishop with consent of the chantor, &c. may out of the tithes augment the same to value of 50 l. per annum.
but not till the vicar consents that the union between that and Bally-more-Eustace be dissolved.
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XVIII. And whereas there hath been a union of the said parish to the parish of Ballymore-Eustace, which is found very inconvenient: be it enacted, That the said augmentation shall not take effect in possession, until the incumbent of the said vicaridge shall consent that the said union be dissolved; and from and after such consent of the present incumbent, in case he shall content thereunto, and from and after avoidance of the said vicaridge by death or cession of the present incumbent thereof, the said union of the said parishes shall be actually dissolved, and the said united parish of Burgage and Ballymore-Eustace shall from thenceforth be and become two distinct and separate parishes, as they were before the said union; any statute, law, act, or thing, to the contrary notwithstanding.
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Saving the right of others.
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XIX. Saving nevertheless to her Majesty, her heirs and successors, and saving to all other person and persons, bodies politick and corporate, their heirs, executors, administrators, and successors, other than the said Narcissus lord archbishop of Armagh and his executors and administrators, and the said William lord archbishop of Dublin, and his successors, and the said dean and chapter of the cathedral church of St. Patrick’s Dublin, and their successors, and the said Elias Bohercau, his executors and administrators, all such right, title, or interest, as they or any of them had, or may or might have, to the said house, ground, books, and any other the premisses herein mentioned, and intended to be vested in the aforesaid trustees for the respective uses, intents, and purposes before mentioned, as if this act had never been made.
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