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The Demise of the National Gallery’s “made just like Rubens” Samson and Delilah with inexplicably cropped toes

Michael Daley writes: In a bombshell article (Observer, 26 September 2021), Dalya Alberge reported on a series of Artificial Intelligence comparisons of the Samson and Delilah’s brushwork with that on 148 uncontested Rubens paintings. The exercise had produced a negative result of such magnitude that the Swiss company, Art Recognition, disbelieved its own findings and ran the tests a second time. The results were identical: an unprecedentedly crushing 91% probability that the picture was not painted by Rubens:

“…Critics have long suggested that the painting is not by Rubens. And now a series of scientific tests employing groundbreaking AI technology have concluded that the 17th-century Flemish master could never have painted it. ‘The results are quite astonishing’, Dr Carina Popavici, the scientist who carried out the study, told the Observer… ‘I was so shocked…Every patch, every single square came out as fake, with more than 90% probability.’”

ArtWatch UK was cited as observing that “coming so soon after its ill-advised espousal of the now-rejected and disappeared $450m Salvator Mundi, these results are a calamity for the National Gallery” [see POSTSCRIPT, below]. A spokesman said: “The gallery always takes note of new research. We await its publication in full so that any evidence can be properly assessed. Until such time it will not be possible to comment further.” That was a far cry from its response in the 21 May 2000 Independent on Sunday: “We have absolutely no doubts about the authenticity of the picture and nor do most experts on Rubens”.

Doubts or not, the Samson and Delilah, which is promoted by the gallery as one its top thirty stars – and therefore as the best of its twenty odd Rubens’ paintings – is now a three-times disabled attribution: it had no provenance as a Rubens before a notoriously unreliable scholar’s 1929 upgrade; stylistically, it has long been shown to be untenable as a Rubens and to be compositionally incompatible with the copies made of the lost original Rubens Samson and Delilah ; and now, on multiple close technical comparisons, its brushwork finds no match with that in secure Rubens’ pictures. How the gallery comes to terms with this latest source of disqualification will test the mettle of its director and trustees, none of whom was party to the picture’s 1980 acquisition.

AN ATTACK ON THE MESSAGE

Alberge’s disclosure has been greeted by a thunderous silence of the Rubens experts – but the art history blogger, auctioneer and film-maker, Bendor Grosvenor, tweeted an immediate blanket dismissal of the findings:

“The only thing this tale should tell us is that computers still don’t understand how artists worked. And probably never will.” And “If you like a bit of science with your art history, it’s still hard to beat the National Gallery’s 1983 technical bulletin for showing the picture is indeed by Rubens.”

Grosvenor’s unsupported assertion bolstered by an appeal to the authority of an old and profoundly unsatisfactory National Gallery report gained tweeted support from the Sunday Times’ art critic, Waldemar Januszczak. In crucial respects the erratic art critical volatility of this pair of commentators (who conduct joint “Waldy and Bendy” podcasts on Januszczak’s ZCZFilms website), exacerbates the National Gallery’s now perilously exposed position. Holding Plesters’ report aloft as a standard may have been thought unhelpful by the gallery – the link Grosvenor provided to it now produces this message: “Page not found – Sorry, the page you requested has been removed or the link was incorrect.”

Above, Fig. 1: Left, the National Gallery’s attributed Rubens Samson and Delilah; second left, the Grosvenor-attributed fragmentary “Raphael” of a Madonna at Haddo House, Scotland; third left, the disappeared and demoted “Leonardo” Salvator Mundi; right, a Colin Wheeler cartoon.

Grosvenor’s appeal to the authority of National Gallery expertise was rich: when, after long examinations, that gallery’s experts recently judged his would-be “Raphael” painted fragment of a Madonna in an all’antica cross-over dress (Figs. 1 and 3) to be no more than a “possible 18th century work” he crossly rejected their findings and called for yet further tests. Where Januszczak now supports the Samson and Delilah’s Rubens attribution he does so in flat repudiation of his 1997 younger self’s rumbustious denouncement of it (Fig. 2). With their joint appeal to the authority of the National Gallery conservation staff’s record, Grosvenor and Januszczak have opened the door to the gallery’s skeleton cupboard.

Above, Fig. 2: The cover of the 5 October 1997 Sunday Times Culture Magazine which trailed Waldemar Januszczak’s article “A Rubens or a costly copy”

Above, Fig. 3: Top, BBC4 Factual Report, 03. 10, 2016: “Britain’s Lost Masterpieces discovers hidden painting believed to be by Raphael. ‘Finding a potential Raphael is about as exciting as it gets. At first I couldn’t quite believe it might be possible, but gradually the evidence began to all point in the right direction.’ Dr Bendor Grosvenor”. So reported the art-credulous BBC with a photograph (top) of the programme’s co-presenters, art historian Jacky Klein and Bendor Grosvenor, with the putative Haddo House Raphael; above, the presenters consider the “Raphael” on the Lost Masterpieces programme with the former director of the National Gallery, Sir Nicholas Penny.

Invited to pass judgement on the attempted upgrade, Sir Nicholas (whose proselytising on behalf of the $450m Salvator Mundi had been defended by Grosvenor in the 9 October 2011 Sunday Times – “They are taking a risk and I can’t applaud them enough for it”) said that he would place the painting somewhere between “probably by Raphael” and “by Raphael” and that with a “little more time and courage” he might well go the whole hog. That stylishly diplomatic locution was of limited utility – rather like informing a woman that she is somewhere between probably pregnant and pregnant. The pity is that aside from his defences of National Gallery restorations and championing of a not-Raphael and a not-Leonardo, Penny proved the gallery’s most unapologetically serious scholar/director in recent times – as instanced in an excellent Financial Times interview.

ROLL UP

In another Financial Times interview, Simon Gillespie, the restorer who works with Grosvenor on the BBC’s Britain’s Lost Masterpieces programme, disclosed that he, too, believes that he might own yet another Raphael. Gillespie is believed to be the owner of a claimed Lely copy of the £10m “Last Van Dyck Self-portrait” that was sold by the Mould Gallery to the National Portrait Gallery for £10m on 1 May 2014.

DEFENDING INSTITUTIONS AND ATTACKING JOURNALISTIC MESSENGERS

Grosvenor frequently tilts at journalists whose stories embarrass art institutions. In a February 2019 Art History News blog post (“Salvator Mundi & the Louvre”) he berated Sunday Telegraph and Mailonline reports that the Louvre would not be showing the $450m supposed-Leonardo Salvator Mundi in a forthcoming Leonardo exhibition. That story, he sniffed, “is based on the opinion of one Jacques Franck.” It was. Franck’s judgements as the world authority on Leonardo’s painting technique have institutional clout (- and often the ear of French presidents). Franck’s prediction proved precisely correct: the Salvator Mundi was not included in the Louvre exhibition, and it was described in the exhibition catalogue as what it is and what it has remained despite successive restoration makeovers and intense global marketing razzamatazz (- which marketing Grosvenor lauded as the best ever seen) namely, the Leonardo studio work that entered the Cook Collection in 1900, viz: “Salvator Mundi, version Cook, vers 1505-1515″. (See “The Louvre Museum’s bizarre charge of “fake information” on the $450 million Salvator Mundi”.) The Art Newspaper has reported (November 2021, “Prado downgrades $450m Leonardo Salvator Mundi”) that the Prado, too, has demoted the Salvator Mundi to its original standing as the Cook version: “The Prado curator Ana Gonzáles Mozo comments in her catalogue essay that ‘some specialists consider that there was a lost prototype [of Leonardo’s Salvator Mundi] while others think that the much debated Cook version is the original’ However, she suggests ‘there is no painted prototype by Leonardo’.”

(For the latest observations on the $450m Salvator Mundi, see Jacques Franck’s “Further thoughts about the ex-Cook Collection” and ArtWatch UK’s “The Disappeared Salvator Mundi’s endgame: Part I – Altered States and a Disappeared Book”. For ArtWatch UK’s first objections to the Salvator Mundi upgrade, ahead of Christie’s November 2017 $450m sale, see: Dalya Alberge, 19 October 2017: “Mystery over Christ’s orb in $100m Leonardo da Vinci painting” and, “Problems with the New York Leonardo Salvator Mundi Part I: Provenance and Presentation”.)

THE RAMIFICATIONS

The Rubens and the Leonardo attributions are items of considerable public policy interest. Both works achieved world record prices. Both received major and controversial modifications at the hands of restorers. Both upgrades have now collapsed. Both had been championed by National Gallery directors – Michael Levey with the Samson and Delilah and Nicholas Penny with the Salvator Mundi. While Waldy and Bendy both now support the Samson and Delilah, Waldy rejected the Salvator Mundi (which Bendy supports) because: “It resembles nothing else Leonardo painted”; and, because Christie’s claimed resemblance of it to the Mona Lisa “had me laughing out loud”.

THE NATIONAL GALLEY’S WOBBLY DEFENCES

The Art Recognition findings are not, as Grosvenor would imply, off-the-wall. In June 1997 the National Gallery issued a notice claiming that the reason why the Samson and Delilah looked like no other Rubens in the gallery was because it had been painted at a special and very brief moment when Rubens had just returned from Italy and was keen to show off newly acquired Caravaggist traits. That apologia was not credible.

In a pioneering 1992 report, the scholar/painter Euphrosyne Doxiadis and the painters Stephen Harvey and Siân Hopkinson, conducted a focussed survey of six Rubens paintings of 1609 and 1610 and demonstrated that “All these display a consistency and quality of style which is not shared by the Samson and Delilah”. That report – “Delilah cut off Samson’s hair, but who cut off his toes? The case against the National Gallery’s ‘Rubens’ Samson and Delilah – was placed in the National Gallery’s Samson and Delilah dossiers and is published on the dedicated In Rubens Name website.

THE ART RECOGNITION REPORT

We are very pleased to publish here the full Art Recognition report on the Samson and Delilah, as below, and would urge all to study it along with the pioneering, methodologically exemplary Doxiadis/Harvey/Hopkinson report.

REPORT_Samson_Delilah_Rubens_encr

With no match to be found for the picture among a score of National Gallery Rubens paintings or among six bona fide Rubens’ works of the precise (claimed) historical moment, why should it come as an affronting surprise that none was found by Art Recognition among 148 secure paintings? Just as Grosvenor demanded more tests on his wannabe Raphael, so he would seem to want the Samson and Delilah compared with every single picture in the oeuvre. On September 30th he complained: “To claim a judgement on the Samson & Delilah based only on scans of 400 [sic] works (and at what resolution? We are not told) out of an oeuvre of over 1000 works seems to me optimistic.” Rather than pressing for every work in the oeuvre to be tested, he might prefer to cite and photographically demonstrate a single other painting with brushstrokes that, to his eye, match those of the Samson and Delilah.

The National Gallery has long been unable to cite a single report or record that shows the Samson and Delilah to have been planed-down and mounted on blockboard before it was bought for a world record Rubens price in 1980. In place of evidence, the gallery, too, falls back on appeals to authority, claiming, for example, in a 23 May 2000 press statement, that “…a large number of distinguished scholars who have devoted their careers to the study of Rubens unanimously agreed that the painting was one of the artist’s masterpieces”.

Such appeals cut little ice: every restoration or attribution ArtWatch has challenged in the last thirty years had been supported by a bevy of art historical bigwigs – from the Sistine Chapel ceiling to the recent so-called Leonardo “Male Mona Lisa” (Fig. 1 above). Moreover, of all scholarship, that on Rubens remains the most problematic and herd-like, its key players being uniquely obligated by a family bequest to defer to the scholarship and judgements of the long deceased (and now discredited) scholar Ludwig Burchard.

ARTISTS KNOW

The challenge to that art historical authority has come principally from artist/scholars who are freer agents and arrive armed with hands-on knowledge of art’s practices – knowing, for example, how to put brush to paint and paint to surface. A quarter of a century ago Euphrosyne Doxiadis neatly encapsulated the now technically confirmed deficiencies of the picture’s brushwork in an interview:

“This picture is betrayed by brush strokes which are almost staccato and broken up, rather than having been done with one stroke of the wrist, which you see in all Rubenses. There is an absence of Rubens’ vibrant, pulsating-with-life strokes. In actual Rubenses, each stroke is a tour-de-force. This is clumsy and awkward.” (Dalya Alberge, “Expert denounces National Gallery’s Rubens”, The Times, 25 November 1996.)

Above, Fig. 4: Top, details of the National Gallery’s Samson and Delilah; above, Rubens’ The Raising of the Cross, Antwerp Cathedral. Where the former is claimed to be a lost picture Rubens painted in 1609-10, the latter was indisputably made by Rubens between 1610-11. Such pronounced differences in brushwork are inconceivable as that of two autograph paintings made at the same moment in Rubens’ oeuvre. Who, looking at this photo-comparison, could believe that Rubens had flitted between the ugly angular Cubist faceted feet in the Samson and Delilah statue (– try counting the toes and note the Art Deco zigzagging hem), and the superb fluency, grace and anatomical fidelity seen in the Raising of the Cross?

THE TESTIMONY OF NATIONAL GALLERY TECHNICAL BULLETINS

When Tweeting support for Grosvenor, Waldemar Januszczak, had seemingly forgotten his own 5 October 1997 Sunday Times article headed: “One of the World’s most valuable paintings hangs in the National Gallery. But Samson and Delilah, widely assumed to be by Rubens, is not by him but is a copy, argues Waldemar Januszczak. Who then did paint it?” Januszczak had ended with this ringing declaration: “The one thing we doubters all agree on is that the painting bought by the gallery for a staggering sum in 1980 is not by Rubens.” What has changed to un-doubt Januszczak? Under challenge on Twitter, Grosvenor admitted that he too had once entertained doubts about the Rubens ascription.

Joyce Plesters’ 1983 Technical Bulletin account was tendentious and error prone. She had counted six planks in the Samson and Delilah panel when the picture’s restorer, David Bomford, made it five and the gallery’s panel specialist, Anthony Reeve, counted seven – as would a dendrochronologist in 1996. Plesters thought the National Gallery’s attributed Michelangelo Entombment of Christ had been painted on a single giant plank when the panel is comprised of three butterfly-keyed planks. The senior curator, Christopher Brown, accepted Plesters’ six planks in the catalogue to the National Gallery’s 1983 “Acquisition in Focus” celebratory exhibition of the restored Samson and Delilah. In 1997 Januszczak poked fun at the conservation department’s shambolic technical reporting:

“I am shown these authoritative-looking documents and, on the first page, the information that the Samson is painted on five planks has been crossed out and changed to seven planks. In the published technical report we are told there are six planks. A conservation report that cannot count the number of bits of wood the gallery’s most expensive painting was done on hardly inspires confidence.”

One of the painting dossiers that I later I examined at the National Gallery (under the directorships of Charles Saumarez Smith and Nicholas Penny) disclosed that a large and important picture had been mounted on “Sundeala” boards with a honeycomb paper core. The disclosure had not been made in the report itself but had been written on an attached yellow post-it note. Plesters’ haplessness was more than arithmetical. The year before Januszczak’s tease she had suffered a mortifying professional reverse. In the 1960s, when scholars like Ernst Gombrich and Otto Kurz warned Gallery restorers against removing all-over tinted varnishes from Renaissance paintings, she insisted that the entire documented technical history of art showed “no convincing case” for any artist having emulated Apelles’ legendary dark varnishes and that the famous passage from Pliny was of “academic rather than practical importance”. She even offered to “sift” and “throw light upon” on any future historical material that Professor Gombrich might uncover.

A BURIED INCONVENIENT TRUTH

In 1977, in the National Gallery’s first Technical Bulletin, Joyce Plesters had mused complacently “one or two readers may recall the furore when the cleaning of discoloured varnishes from paintings…began to find critics.” In that year the scarcely less complacent former National Gallery director Kenneth (Lord) Clark pronounced picture cleaning “a battle won”. A third of a century after the original controversy, the practical import of Pliny’s testimony emerged in a 1996 Technical Bulletin disclosure that a Leonardo assistant, Giampietrino, had toned down his colours with a final dark “varnish” layer of oil with black and warm earth pigments.

Had those pigments been bound in a resin it would have been deemed an earlier restorer’s attempt to impart a spurious “old masters’ glow” and removed. However, Giampietrino’s dark overall toning was identical to the oil medium of the painting itself and any solvent that would dissolve the one would dissolve the other. The gallery had to leave the coating in place. Shamefully, it stifled any acknowledgement of its momentous art historical significance – and it even neglected to inform Gombrich of the corroboration of his earlier claims, despite the fact that the gallery’s then director, Neil MacGregor, held the 1960s dispute to have been “one of the most celebrated jousts” in modern art history.

When ArtWatch UK informed Gombrich of his vindication he was approaching his 87th birthday and responded: “I could hardly have a nicer present than the information you sent me. I don’t see the National Gallery’s Technical Bulletin and would have missed their final conversion to an obvious truth. There is more joy in heaven (or Briardale Gardens…)” Two years later he observed: “I believe it was Francis Bacon who said that ‘knowledge is power’. I had to learn the hard way that power can also masquerade as knowledge, and since there are very few people able to judge these issues, they very easily get away with it.” (See “How the National Gallery belatedly vindicated the restoration criticisms of Sir Ernst Gombrich”.)

THE MISSING BACK, A LEGAL CHALLENGE, AND OTHER SAMSON AND DELILAH PROBLEMS

Above, Fig. 5: Two special issues of the ArtWatch UK Journal that examined the Samson and Deliah’s credentials as a Rubens.

In Journal No. 21, Kasia Pisarek wrote:

“I am in possession of a privately printed pamphlet entitled The Biggest Scandal since the Fake Vermeer written in 1960 by a well-known French art dealer Jean Neger. In it, he openly denounced Dr. Ludwig Burchard as being a dishonest man writing a certificate of authenticity for a painting that he knew was a copy. The picture in question was Diana departing for the Hunt, a large oil on canvas, sold in 1960 as a Rubens for a huge amount of money to the Cleveland Museum in America. It first appeared in an Amsterdam sale (Valkenier family) in 1796, in fact as late as 180 years after its supposed creation c.1615. Neger accused Burchard of ‘defrauding the American state of 550.000 dollars’.

“In his highly dramatic pamphlet he declared that Dr. Burchard wrote the certificate of authenticity in 1958, even though he knew that another, nearly identical version (his own) of the painting existed, and had a considerably better provenance, going back to 1655 and the prestigious Spanish collection of the marquis de Leganes, a friend of Rubens. This was the most important collection in Spain, aside from that of the King Philip IV. Leganes probably owned more paintings attributed to Rubens than any other aristocratic collector in Spain, with the possible exception of Gaspar de Haro. After researching his painting, Neger discovered that the number 214 in white paint present on his canvas was the corresponding Leganes inventory number. Moreover, his version of Diana had a lot of pentimenti visible even to the naked eye, which would indicate that it was an original, not a copy.

“According to Neger, Burchard has tried to avoid him on many occasions and has refused to see or to certify his version because he had already certified the other one as the original. When approached, he tried to ‘compromise’ by saying that he would state that Neger’s version was the first one, which Rubens had sketched and abandoned, and that he had then painted a second version, the one from Cleveland. Later, he took up Neger’s picture again, corrected it and completed it. That solution was satisfactory to Neger and yet, Dr. Burchard changed his mind again, and refused to certify Neger’s painting at all. Subsequently, he chose not to reply to Neger’s allegations which appeared to be his usual attitude in such situations.”

Dr. Pisarek concluded:

“I verified most of Neger’s statements, which on the whole appear to be true. I traced both pictures: one is in the Cleveland Museum, effectively considered to be the original by Rubens; the other is in The Getty Museum in Malibu, as ‘a workshop copy’. And yet, the Getty picture (ex-Neger’s) has better chances of being the original: it is the larger of the two versions; it has a superior and older provenance (1655 as compared to 1796); it agrees in most details (presence of sandals, lack of birds in the sky, missing tiger’s skin, background landscape) with an old copy in Cassel which provenance (1756) predates that of the alleged Cleveland’s ‘original’.”

Pisarek discussed the merits of these two pictures in the third chapter – “The two versions of Rubens’s Diana Departing for the Hunt: an American cause célèbre” – of her doctoral thesis, Rubens and Connoisseurship. On the problems of attribution and rediscovery in British and American collections, University of Warsaw, 2009, and there concluded that both the Cleveland and Getty pictures are mostly products of Rubens’s workshop.

DEFENDING MUSEUM FAKES I

On 4 March 1929, the year that Ludwig Burchard found and upgraded the Honthorst painting then owned by van Diemen and Benedict (who had bought it, Doxiadis disclosed, from a painter/restorer) and that is today the National Gallery Samson and Delilah, Rene Gimpel, author of the 1996 Diary of an art dealer, wrote:

“The Italians have sold Americans $2m worth of marbles done by Dossena (a faker). A laughable sum compared with the amounts obtained by means of certificates given daily by German experts to German dealers. Just as there were paper marks, so there are paper canvases, an easy way of bringing dollars into Germany. I went this morning to the Van Diemen gallery, which has an exhibition of sixteen Venetians. Three pictures are good, apart from the Guardis and perhaps the Longhi. Last Sunday’s Times devoted an entire page reproducing this scandalous exhibition, which gives only a faint idea of what is brought in. Bode, the director of the Berlin Museum died two or three days ago. The king is dead long live the king! The Mayers, the Gronau will replace him. The German title of Doktor impresses the Americans. The museums are even more intent than the collectors on defending their fakes or their mistaken attributions.”

WHAT LIES BEHIND

Above, Fig. 6: A spread of pages from ArtWatch UK Journal No. 11 contrasting the Samson and Delilah’s present back with the labelled and cradled backs of comparable period panel paintings.

Above, Fig. 7: Illustrations of the back of the Samson Delilah picture as supplied by the National Gallery and as published in the June 2000 Art Review (“The Back is Where It’s At”) where we showed the back of the Samson and Delilah and its attachments, as recorded in 1997. Our detailed technical and art historical case against the Rubens attribution in the Art Review ran, in full, as follows:

“Last month I referred to a National Gallery picture which lacks a back or a record of a back but on the back of which an incomplete provenance depends. This bizarre, paradoxical case arose as follows.

“On 11 July 1980, the National Gallery paid £2.53m (through Agnew’s at a Christie’s auction) for a large picture, Samson and Delilah, that was said to be an ‘entirely autograph’ Rubens, probably in its original frame. The price was a world record for the artist and, at the time, the second highest for any painting bought at auction. The acquisition was presented to the world with great fanfare, orchestrated as much by the gallery as by the auctioneers. In 1982 the picture was cleaned, restored and reframed in preparation for a special ‘Acquisition in Focus’ exhibition to be held the following year. So far, so straightforward.

“In 1983, two accounts of the restoration were published in the National Gallery’s Technical Bulletin by David Bomford, restorer, and Joyce Plesters, head of science. At this point the painting, which hitherto had always been described as a panel, begins to be described in different terms. Namely, as a planed-down sliver of a panel mounted on a modern laminate sheet of blockboard. As Bomford put it, ‘the large panel on which Samson and Delilah is painted must originally have been substantially thicker than it is now. At some point, probably during the present century, the panel was planed down to a thickness of less than 3 mm and subsequently glued on to a sheet of blockboard.’ This seems in strict, factual terms to be correct, but the word ‘probably’ later came to be questionable.

“Plesters’ account was seriously misleading. She claimed that the planed-down panel had been set not onto but ‘into’ (which it had not) the sheet of blockboard, which supposed placement prevented its edges from being examined for tree-ring dating purposes – which it did not. She insisted that this phantom relationship was of no consequence because ‘the date and provenance of the painting are not in doubt.’ Which claim, as will be shown, was not the case. Plesters admitted that the planing, on an unidentified occasion ‘before the picture was acquired by the Gallery’, might well have destroyed, among other evidence, a branded or carved panel-maker’s mark – a far from trivial matter because such a mark might have sunk the attribution to Rubens. The original Samson and Delilah is dated 1609, sometimes 1610; its engraved and painted copies to c. 1613 and 1615 [sic – 1625-35] respectively. Very few panel-makers marks were made before 1617 when they first became a guild requirement; after this date they can help with datings. Michiel Vrient, whose mark is most commonly found on the back of Rubens’ later panels, only qualified in 1615. His mark on the Samson and Delilah would have been fatal.

“Clearly, establishing when, by whom, and for what purpose a planing was carried out – and what records were kept of the original back – would under any circumstance be a matter of urgency and a test of propriety. In this instance it became greatly more so when, in 1997, a number of eye witnesses reported to ArtWatch UK that the picture had retained its original, label-bearing and ‘cradled’ back immediately prior to and during its auction at Christie’s in 1980. When informed of this, Neil MacGregor, the gallery’s director, dismissed the testimony as ‘mistaken’ (letter 7 April 1997). He later said (9 April) ‘the National Gallery does not have any record, photographic or written, of the back of this picture before it was planed down.’

“This year [2000], in compliance with its ‘Code of Openness’, adopted in anticipation of Government legislation on freedom of information, the gallery reversed an eight-year-old decision and allowed me to examine the dossiers held on the picture and its treatments. I have been assured that the dossiers were complete and that no material was withheld. I am forced to report that the records are therefore lamentably incomplete. This is the more disturbing because, contrary to assurances, the picture’s provenance is extremely insecure. It is not to the gallery’s credit that it took six years of assiduous research by three painters – Euphrosyne Doxiadis, Stephen Harvey and Siân Hopkinson – between 1986 and 1992 – for this embarrassing reality to be brought to light. They demonstrated that the picture is not compositionally consistent with contemporaneous engraved and painted copies of the original picture. Their examination drew from Christopher Brown, the curator responsible for the acquisition, the admission that ‘there are gaps at the beginning and the end of the Liechtenstein provenance which makes it impossible to be 100 per cent certain that this is the picture painted for Rockox.’

“The provenance as presented by Christie’s in their sale catalogue was a daisy-chain of speculations pegged on disconnected and not always accurate citations. It was claimed in the first instance that the picture was ‘probably’ the one known to have been painted in 1609-10 for Nicolaas Rockox’s house. It was said to have ‘perhaps’ been in the possession of the painter Jeremias Wildens (albeit only as a ‘Samson’ and not as Samson and Delilah) before 1653. It was further said to have ‘perhaps’ been in the possession of a ‘Guill Potteau’ before 1692. It was then said to have passed into the hands of the Prince of Liechtenstein on 30 May 1700. The second, third and fourth suggestions are all dependent on an event having taken place for which there is no evidence whatsoever: that the original painting left Rockox’s house at his death in 1640.

“As Euphrosyne Doxiadis established (and as Dalya Alberge reported in The Times of 25 November 1996), the records show that Rockox’s collection remained in his house until its sale in 1714 after the death of Rockox’s last descendant in 1712. The house in Antwerp survives and was restored in 1977 as a museum to Rockox. A booklet produced that year by the museum acknowledged with regret that it had been impossible to reassemble the whole of the original collection which had been dispersed by a public auction in 1715. Knowledge of this sequence of events seems rapidly to have slipped from official art historical consciousness

“By coincidence, the National Gallery’s picture (then in a private German collection) was exhibited in Antwerp in 1977 in a large exhibition celebrating the 400th anniversary of Rubens’ birth. In the catalogue Frans Baudoin described it as a ‘panel’. In the same year, in his book Nicolaas Rockox: ‘Friend and Patron’ of Peter Paul Rubens, Baudoin said the panel was ‘excellently preserved’. He also reported that the picture had been ‘rediscovered’ (when owned by a dealer as a Gerit van Honthorst) in 1929 by Ludwig Burchard, on whose advice, the German magnate August Neuerburg bought it in 1930 (along with another Burchard ‘Rubens’, since de-attributed).

“Burchard’s ‘rediscovery’ closed the second gap in the provenance to which Christopher Brown referred. Samson and Delilah is said to have disappeared after being sold by the Liechtenstein collection in 1880. In addition to the ‘gaps’ of 60 and 50 years at either end of the Liechtenstein provenance there are two further problems. First, the Samson and Delilah was described in every Liechtenstein inventory as a copy. Even the dealers who sold it to the collection thought it not to be by Rubens and to be greatly inferior to a work by Van Dyck. Second, every painting in the Liechtenstein collection was marked with a seal on its front or back. The National Gallery’s picture has no seal on the front. If it had one on its back, what happened to it? What possible reason could there be for removing and destroying such an important feature of a picture’s pedigree?

“When pressed on such specifics, the National Gallery summons the fogs of time. Bomford thought the planing might have taken place in the 19th century. His director, MacGregor, suggested that it was ‘possibly done this century, perhaps when the painting was in the hands of the art trade in the 1920s’ (Letter 9 April 1997.) This really will not do. The dossiers contain, I discovered, an undated sheet of typescript by Burchard (which the gallery’s archivist tells me is part of a letter dated 8 April 1930, but which contains a handwritten postscript referring to an article of 1942) which not only describes the picture as being ‘in a remarkably good state of preservation’ but, crucially, testifies that ‘even the back of the panel is still in its original condition.’ Given Burchard’s testimony, and bearing in mind that Christopher Brown made a special study of Burchard’s manuscript notes on the painting (which we have not been allowed to see) prior to the 1983 ‘Acquisition in Focus’ exhibition, how could the gallery have believed that the planing might have taken place before the last [the 20th] century or when the picture was in French hands?

“These questions are the more perplexing because, after Burchard’s testimony, every single reference to the picture describes it as a ‘panel’ in good – or better – condition. A further document in the [National Gallery] dossier that throws light on the picture’s condition also seems to have been overlooked. Christopher Norris, a benefactor of the gallery, sent a letter of congratulations to Michael Levey, the director, the day after the sale at Christie’s. Norris attributed the picture’s still ‘amazing condition’ to the fact that the German owners [between 1930 and 1980] had not touched it. It still retained, he noted, the varnish applied during its stay in France in 1929. The only change that had occurred during Norris’s forty-seven years’ acquaintance with the picture was that the varnish had toned down. (In 1983 Bomford cited the picture’s ‘thick, considerably yellowed varnish’ as the ‘principal reason’ for cleaning.)

“In 1977, Gregory Martin, the author of Christie’s catalogue entry, reviewed the Antwerp Rubens exhibition. He observed with relief that the Samson and Delilah was one of two ‘great works…on panel’ that were ‘none the worse for their journeys’ to Antwerp. (In 1982, the picture was described in the National Gallery’s Technical Bulletin as one of only three well-made and untroublesome panels in the collection.) Three years later the picture again left Germany when it was sent, on offer of sale, to a Belgian museum. On its arrival, a condition report (dated 4 March 1980) was prepared by a leading Rubens expert. He described the picture as a ‘panel…in good shape’ with painting in a condition ‘which can be called excellent’. The panel remained for several months at the museum before being dispatched directly to Christie’s. During its stay at the museum, the picture was seen to be an old, thick, somewhat bowed, label-bearing and cross-battened panel. Brian Sewell (who had discovered the Samson and Delilah modello some years earlier at Christie’s) recalls that the picture, when at Christie’s, was an intact, cross-battened panel with a blackish painted back on which the Christie’s number [as given to every work on arrival] was stencilled in white paint.

“On 27 May 1997, Neil MacGregor sent me photographs of the picture’s back ‘as it is now’. He drew attention to the Christie’s number (chalked and stencilled in black paint) and to ‘two labels attached to the back of the blockboard’ (see illustrations). One, he said, is from the Antwerp exhibition of 1977, the other ‘rather older, from the Neuerburg Collection’. It was, he said, ‘hard to imagine any of these being put on after the picture left Christie’s.’ It is not. Neither document – only one of which appears to be a label – would seem to be glued or pasted to the blockboard. Both appear to be held in place, identically, with cellophane fixed by clean masking tape. Both documents are clearly proud of the surface and are seen to cast shadows on it. The 1977 Antwerp label shows clear signs of having been attacked with a scraper. Why? When? And by whom? After receiving these photographs, I asked to see the back on an occasion when the picture had been removed from its frame. So far, I have not been permitted to do so, and two requests to government ministers for an inquiry have been turned down.”

THE DIFFERENCE A MISPLACED HISTORICAL WORD CAN MAKE IN AN AUCTION CATALOGUE

Today, given the Samson and Delilah’s recent further disqualification on a technical analysis of its brushwork, the National Gallery’s continuing claim of a Rubens authorship runs increased risks.

First: That espousal continues to fly in the face of historical documentary evidence that the picture cannot safely be ascribed to Rubens – evidence that had emerged and was published twenty-five years ago by Dalya Alberge (“Artists raise fresh doubts on gallery’s Rubens masterpiece” 26 September 1996, the Times”):

“ARTISTS challenging the attribution of Rubens’s Samson and Delilah in the National Gallery believe that evidence presented in an auction house’s catalogue was mistaken. The artists also allege that the gallery refuses to acknowledge historical facts that cast doubt on the picture being by the 17th-century master. The National Gallery acquired the painting from Christie’s in 1980 for £2.5 million, equivalent to £6 million today. The auction catalogue referred to a 1653 inventory which described the painting as ‘Eenen Samson van Rubens’, which would mean ‘by Mr Rubens’. But a Flemish genealogist who has studied the inventory said that it read ‘Eenen Samson naer Rubens’: ‘naer’ is translated as ‘made just like Rubens’ or ‘after Mr Rubens’. Another inventory, dated 1692, lists it as ‘copye’ – a copy.

“Euphrosyne Doxiadis, an artist and scholar, and the painters Steven Harvey and Siân Hopkinson believe that the genealogist’s finding backs the stylistic evidence against the picture being by Rubens… It was only as recently as 1929 that the painting was hailed as a long-lost Rubens. For 180 years it was in the collection of the Princes of Liechtenstein and inventories in 1767, 1780 and 1873 attributed it to a minor hand, Jan Van Den Hoecke…”

THE SHIFTING TESTIMONY OF LUDWIG BURCHARD

Second: With this picture never having been thought an autograph Rubens before Burchard’s 1929 upgrade, everything rests on that scholar’s tarnished standing. Aside from the Neger scandal, Pisarek noted in the Spring 2006 ArtWatch UK Journal (No. 21, “The ‘Samson and Delilah’ – a question of attribution”) that over 60 pictures, albeit mainly small works, attributed by Burchard to Rubens had been down-graded in Corpus Rubenianum to studio works, copies or imitations. In a 1950 letter to a fellow art historian, Burchard had said of a painting now in the North Carolina Museum of Art: “The Rubens-like painting was once shown to me. I missed the transparency of the shadows, which one would expect at least in places. The picture seemed to me like a compilation by a contemporary of Rubens.” However, in 1954 he had said of the same painting in a certificate of 28 May addressed to the D. M. Koetser Gallery, London: “the vigour of the design, the brilliance of the vivid colours, the concentration of movement are comparable in several details to the painter’s Defeat of Sennacherib c. 1612…”

THE FIXED TESTIMONY OF PAINTWORK

Third: As mentioned, the 1992 Doxiadis/Harvey/Hopkinson Report had anticipated and thereby now effectively corroborates the Art Recognition findings in its section on Rubens’ painterly technique:

“We have now studied the technical deficiencies in the execution of the National Gallery Painting; we have collected a very comprehensive catalogue of faults which are demonstrated by comparison with works of that period. This can be done when visual material is included…

“It is totally out of character for Rubens to use what the National Gallery calls ‘bold’ handling over the entire surface of a painting. In all his other works, areas of beautiful and infinitely detailed work appear, in addition to areas which have been handled boldly – a woman’s jewellery, for instance, the lace on a ruff, or a flower in the foreground. On the whole, the great downfall of the National Gallery’s picture is the crudeness with which it has been painted. Quite apart from the unsubtle transitions from tone to tone and from colour to colour (look for example on the Venus statue in the background [here, Fig. 4, above], or at Samson’s ear [Fig. 24, below], compared with his own ear in the self portrait of Rubens and Isabella Brant in the Honeysuckle Bower painted in the same year) there are two enormous drips of paint on the surface of the work, which no painter with even the most basic training would have allowed himself to do at that period….

“Looking closely at Samson and Delilah one misses the vibrant, twisting nature of the brushstrokes themselves. The shapeless, unanimated strokes in this painting seem flat and unexciting when compared with Rubens’ usual virtuosity.”

SO, ONCE AGAIN, WHO PLANED THE BACK OFF THE SAMSON AND DELILAH PANEL?

Fourth: The Samson and Delilah picture retains an abiding technical mystery: at what date and by whom was the panel planed down and attached to a modern laminate sheet of blockboard?

It should always be appreciated that no reference had ever been made to a planing and a blockboard backing before the Plesters/Bomford accounts of 1983, and that the National Gallery’s accounts are inconsistent, shifting and full of holes. As seen, some have said the planing may have occurred in the 19th century or early 20th century, others that it took place between 1930 and 1980. The gallery claims to have kept no records of the picture’s state in 1980 when purchased and, even, to have prepared no reports for its trustees when seeking authorisation to make a then massive purchase that would consume most of the gallery’s annual purchases grant. A director, Neil MacGregor, expressly admitted (in a 1997 letter to ArtWatch UK) that “The National Gallery does not have any record, photographic or written, of the back of this picture before it was planed down” – which, as indicated above and as is further shown below, was not the case.

When the senior curator at the time of the 1980 acquisition, Christopher Brown, and his successor, David Jaffé, both held that it was planed down when in the collection of the German magnate, August Neuerberg, between 1930 and 1980, they did so against the testimony of the National Gallery benefactor (who had gifted a Poussin), Christopher Norris. As first mentioned in the 2000 Art Review, Norris testified in a letter to the director in 1980, Michael Levey, that between 1929 and 1980, no change of condition had occurred in the painting, other than a toning down in its 1929 varnish, because the owners had not touched it. Thus, because we know, on Burchard’s (written) testimony held by the National Gallery, that the panel was intact in 1929 when sold to Neuerburg and, on Norris’s (written) testimony, held by the National Gallery, that the owner had never touched the picture, the only parties who might have planed-off the back are Christie’s and the National Gallery. Christie’s, who described and sold the picture as a panel – not as a reduced or marouflaged panel – are hardly likely to have so-transformed someone else’s property – or even to have had the time and means of doing so. On currently available records, the National Gallery, becomes, willy-nilly, the sole candidate, having itself never once described the picture as a planed-down panel before 1983 – and because its own published records testify that the work was an intact panel up to 1982.

REDUCTIO AD ABSURDUM: THE CASE OF A TOTALLY DISAPPEARED NATIONAL GALLERY ALTARPIECE PANEL

Above, Fig. 8: Top, the National Gallery’s 1504 altarpiece The Incredulity of S. Thomas by Cima da Conegliano, as seen before and after an utterly transforming campaign of restoration in which a modern synthetic composite support was substituted for the original giant poplar panel and a new frame was built to replace the gallery’s own 19th century frame; above, a 1978 pen and ink drawing, “The Ages of Woman”, by the author.

As can be seen above, top, the cleaning and subsequent retouching of the picture surface left a tonally and perspectivally altered appearance: what had been dark and tonally relieving (the back wall) became lighter; what had been contrasted became equalised (the wall and ceiling); what had been dramatically central and axially assertive (the “spotlighted” figure of Christ) became quietened and subsumed within a group. The reduced ornamentation on the new frame left two architecturally assertive raised circles that now vie for attention with the picture’s own depicted half-round windows – which features, the lightening of the wall has brought closer to the picture plane and, therefore, closer also to the new more abstractly assertive frame. The net effect of the physical and pictorial transformations this altarpiece underwent was to leave a painted image surface that is now as flat, de-natured and ahistorical as a giclée print. Above, to a draughtsman (who necessarily commences work on a sheet of – initially – “no-values” to a gradually built-up and considered disposition of “values”, the alterations that are routinely made by restorers during “cleanings” and “restorations” to other artists’ works are as un-missable as they are perplexing and artistically impoverishing.

Above, Fig. 9: Left, the back of the altarpiece panel which was totally removed (i. e. destroyed) and replaced by a multi-layered fibreglass and aluminium board – the long-term stability of which is unknown – during restoration. Right, the diagram of the new, entirely synthetic glass fibre and aluminium support in cross-section, as published in the gallery’s 1985 Technical Bulletin.

Above, Fig. 10: The Cima altarpiece, as published in the 1986 Technical Bulletin with the caption: “The picture after cleaning and transfer, before restoration.”

A MASTERFUL JOB

When Waldemar Januszczak was in art critically doubting mode on the Samson and Delilah’s attribution in October 1997, he addressed the persisting Whodunnit Mystery of the Disappeared Back:

“I put this to the gallery’s chief conservator, Martin Wyld, who quips cheerfully that he was rather proud of having been accused; planing a 17th-century oak panel to wafer thinness and attaching it perfectly to blockboard while leaving its surface in pristine condition, is an exceptional feat of restoration. Nobody would or should do it today. Whoever did it earlier did a masterful job. Why did they do it at all? If a painting is in exceptionally good condition, why was there any need to hazard the transfer to blockboard? A question neither the chief conservator nor MacGregor can answer. All I got them from both is the National Gallery version of: it wasn’t us, guv.”

If stunned by Januszczak’s question, Wyld and MacGregor can hardly have been caught unawares. In a then recent letter in the Daily Telegraph (“Doubts about gallery’s Rubens”, 16 August 1997) we had written on that very question:

“…More disturbingly, crucial technical and documentary evidence concerning the picture’s weak provenance was destroyed when the back of its oak panel was planed away in a mysterious intervention for which no one accepts responsibility and during which no records were kept. The National Gallery claims the planing took place before the picture was bought at Christie’s for a record £2.5 million in 1980. If this was so, two questions arise. Why did the gallery’s trustees authorise the acquisition of a picture with no back (the planed-down remains having been glued on to a sheet of blockboard) and with no documented history of a back? And why did the gallery not ask the vendors, who had owned the painting for 50 years, for an account of the planing and a record of the pre-planed back?… Answers to all these questions lie in the reports that were prepared by the gallery staff for the trustees prior to the 1980 purchase and prior to the gallery’s 1982 cleaning and restoration of the picture. The gallery has not responded to requests that these reports be made available for inspection. Nor is it prepared to produce photographs of the picture’s back, as taken by Christie’s staff before the sale, or by gallery staff before the restoration.”

Unable to answer those questions, the head restorer had clearly been ‘avin a larf when he suggested to the Sunday Times’ art critic that planing a panel down to 3 mm and gluing it onto a sheet of block board was an exceptional feat far beyond anyone’s capacities at the National Gallery. Back then in 1997, a reading of recent National Gallery Technical Bulletins would soon have disclosed the gallery’s great pride in its radical substitutions of modern synthetic composite backings for old pictures’ historic (wood or canvas) supports. We had complained in the 1993 and 1996 James Beck and Michael Daley book Art Restoration: The Culture; the Business and the Scandal of the gallery’s use of the compressed paper “Sundeala” boards on to which Titian’s Bacchus and Ariadne, Seurat’s The Bathers and Sebastiano’s The Raising of Lazarus had been affixed.

The spectacularly gung-ho treatment of the latter picture – the largest in the Gallery’s collection – epitomised the artistic presumption and techno-adventurism of the gallery’s restorers. The deleterious consequences of that intervention began to be conceded by the gallery’s restorers in its 2009 Technical Bulletin:

“…eventually it was decided to brush on multiple thin layers of warm wax-resin dissolved in white spirit, embedding a layer of inert terylene net fabric [-“Terylene is a specific form of polyester, more specifically polyethylene terephthalate. It is created via the extraction and mixing of ethylene glycol and terephthalic acid. When turned into a fiber with dyes and other treatments, it becomes a great synthetic with a lot of potential in different sectors” ] within the layers as they solidified. Although the discoloured varnishes had yet to be removed from the paint surface, the appearance of the picture was considered to be darker than intended as a result of lack of reflectance from the ground and so titanium white (titanium dioxide) was added to the wax cement…Once the wax and titanium white layers had been built up to a sufficient thickness the painting could then be mounted on a solid new support. This had previously been coated with wax-resin allowing a bond to be achieved by ironing with a thermostatically controlled iron to soften the wax-resin layers which then fused as they cooled. Although it is unlikely that these methods and materials would be used nowadays, the treatment can be judged a success in that there has been no further flaking of the paint layers. Unfortunately, the work took place before the introduction of lightweight and stable panels made from glass fibre with aluminium honeycomb cores. The painting is mounted, therefore, on a support constructed with a sundeala’ composite board outer faces and a core of paper honeycomb. In spite of its wooden edges and an internal wooden framework this panel is now showing signs of instability, with a tendency to flex and twist when the painting is moved, an operation which is therefore avoided as far as possible.” Emphasis added.

Above, Fig. 11: Staff in the National Gallery’s restoration studio at work on the remains of Cima da Conegliano’s altarpiece, The Incredulity of S. Thomas, after the complete removal of its giant poplar panel and before its transfer onto a multi-layered synthetic support – as shown in the NG’s 1985 Technical Bulletin.

A reading of the 1985 and 1986 Technical Bulletins would have disclosed how gallery restorers had chiselled away the entire wood panel of seven giant planks just under two metres long of Cima’s altarpiece The Incredulity of St Thomas (Figs. 8-10). In the first stage, the panel was reduced “from c. 5 cm to 1 cm.” In the second, the remaining 1 cm of wood was chiselled away entirely until the back of the original gesso coatings was exposed. In the 1985 Technical Bulletin, Martin Wyld described the means and the tools of that perilous operation:

“The removal of the wood then commenced. The techniques used were entirely manual. Though mechanical routers and planes are often used with success in transfer, there is a danger of a power tool, however carefully handled, snagging on knots in the wood or on the bent nails which are mysteriously but commonly found in old panels, and ripping up far more wood than is intended. Semi-circular 15 mm gouges were pushed along the grain, cutting channels 6-7 mm deep, and the ridges left between the channels were then cut down. Each plank was reduced by a similar amount, and the process repeated until the panel had been reduced from c 5 cm to 1 cm in thickness. Many nails were found embedded in the panel and several knots were also cut out.

“The removal of the first layers of wood is usually the easiest part of a transfer [of a paint film to a new support]. The removal of the final layer of wood was complicated by several factors. Many different blister-laying adhesives had been used on the Cima, often in very large quantities. Fig. 6 shows a detail of the Apostles’ heads on the right; the lines of white dots are holes of a syringe in order to inject animal glue under the gesso. Much of this glue, which must have been considerably diluted with water in order to be used in a syringe, had run into the worm channels and soaked into the wood, making the panel surface more brittle…Areas where wax had been used for blister-laying presented less difficulty.

“Experience during earlier transfers had shown that the safest method of removing the last layer of wood was to cut a very shallow slope at a slight angle to the direction of the grain and to shave away the tapered edge of the wood with a small fish-tail chisel. The method proved to be impractical on the Cima. The parts of the panel affected by thick animal glue (of the consistency of carpenter’s glue) or putty filling the worm channels, by knots and by later or original inserts of wood obviously needed individual treatment. However, the remainder of the wood was so insecurely attached to the gesso that it was impossible to cut a shallow slope because strips broke away along the grain no matter how carefully the chisel was used. Strips of wood 10-12 cm long and 3-4 cm wide would become completely detached, but usually with a few small fragments of paint and gesso stuck to them. These fragments were laboriously cut off the wood and replaced… It was found that the safest method of removing the last layer of wood in the very loose areas was to cut it away at an angle of 30 ? to the gesso, instead of across at the very shallow angle normally used, and to cut across rather than along the grain…”

Above, Fig. 12: Top, the director, Michael Levey, and the head restorer, Martin Wyld (top left), watching four restorers in the National Gallery’s basement restoration studios attaching the pictorial remains of Cima da Conegliano’s altarpiece, The Incredulity of S. Thomas, to a linen interleaf on the hot-table after the complete removal of its giant poplar panel and before its transfer onto a multi-layered synthetic support – as shown in the NG’s 1985 Technical Bulletin. Above, the exposed and buckled gesso months after the Cima panel had been chiselled away entirely and the air-conditioning system had malfunctioned.

AN OVERNIGHT MALFUNCTION

Note Wyld’s own account of the “conservation treatment” of the Cima altarpiece:

“Fig. 13 [here, “Fig. 12, above”] shows the arched top of the picture, where the removal of the final layer of wood had started. The panel and gesso had been carefully covered with Melinex and heavy rubber mats all through the transfer, but the gesso had absorbed some moisture from the atmosphere and swollen slightly. An air-conditioning malfunction, which produced RH of 100% for several hours one night, led to pronounced swelling and buckling of the gesso [and the paint layers attached to it] which can be seen in this photograph taken months later.”

Wyld further reported:

“Fig. 13 shows the severe buckling of the top of the picture due to the gesso having absorbed moisture from the atmosphere. Less pronounced buckling had affected some of the lower half of the picture as well. The facing layers had moved with the gesso, and were still secure. The picture was detached from the temporary support and slid face-down onto the Melinex covered hot-table, sealed with a membrane and heated to 40 ? C at a pressure of 15 mbar (1.5 kPa) for an hour. The buckling slowly reduced until the picture was almost flat and relaxed, and the same low pressure, which prevented any alteration of the surface texture, was maintained while the hot-table cooled.”

ALAS, POOR HOLBEIN

The apogee of the white heat of technically transforming restorations was eventually reached in Wyld’s luxuriously long, Esso-sponsored, BBC-televised 1993-96 swank-restoration of Holbein’s The Ambassadors. There, the gallery’s head of restoration produced the world’s first painted insinuation of “virtual reality” into an old master painting by reconstructing the picture’s famous (but damaged) anamorphic skull not according to the laws of perspective by which it had been constructed but from a gallery-generated computer manipulation of a photograph of a medical model of a skull. That operation was defended by the then director, Neil MacGregor on the grounds that “We believe it is our duty to try to present to the public, as much as we can, what the artist intended them to see.” Wyld went further, re-painting a section of the rug to a new design on the authority of a rug expert and painting false and camouflaging “age cracks” onto his own new painting.

And yet, notwithstanding Wyld’s publicly paraded technical expertise, he would have had Waldemar Januszczak believe that the National Gallery’s restorers lacked the wherewithal to reduce a panel to a thickness of c 3 mm and glue it onto a sheet of blockboard.

In the absence of any prior record of a planing, the National Gallery’s last resort defence against suspicions of having carried out the operation has rested on what might seem to be a confession of exceptional negligence – rather as if saying: “With this picture, which we considered a pre-eminent masterpiece within Rubens’ oeuvre and for which we had paid a fortune, we failed to follow our customary procedures and safeguards. We made no records; we took no photographs, neither when we bought it for a world record Rubens price nor earlier, ahead of the sale at Christie’s, when we had borrowed it and were seeking our trustees’ permission to buy it”.

AN OPEN GOAL?

Januszczak might have pressed his point harder. On the absence of records, we had recently reported (“Is this really a Rubens?” The Art Review, July/August 1997) that:

“In the 1980/81 Annual Report the then director, Michael Levey, thanked Christie’s for ‘allowing the trustees to see this painting in the gallery before the sale.’ A trustee at the time has disclosed that in all such purchases curators present a case for the purchase to the trustees who then examine the work ‘in the flesh’. A former Keeper and Deputy Director, Allan Braham, has disclosed that reports on the desirability and condition are prepared by curatorial and conservation staffs for the director before any major purchase…”

A TALE OF TWO OLD PANELS BOUGHT BY THE NATIONAL GALLERY IN 1980

The Gallery’s seeming failure to record and investigate this single work is the more perplexing because the director, Michael Levey, had truly nailed his professional and managerial colours to the painting. He had announced in 1979 that, having reassessed the National Gallery’s holdings of Rubens, he had concluded that it lacked a monumental figurative composition and that he intended to pass this information on to the Trustees at their next Meeting with a recommendation that they should look to acquiring one at the first opportunity. He did not have long to wait for the emergence at Christie’s of the Burchard Samson and Delilah – which might have seemed like a prayer answered. Notwithstanding the eventual very high cost, Levey’s enthusiasm for the picture seemed unbounded. In his foreword to the 1983 “Acquisition in Focus” exhibition, he wrote:

“When on Friday 11th July 1980 the National Gallery acquired at auction in London a Rubens painting of Samson and Delilah – at a cost of over two million pounds – some people might have asked why the nation needed another Rubens. In the Collection at Trafalgar Square there were already twenty paintings by the artist.

“This exhibition, the second in our ‘Acquisition in Focus’ series, will serve as a striking demonstration, I believe, that the painting was indeed needed and will confirm that a crude numbers game in matters of great painters and great paintings is no less obtuse than asking how a piece of canvas [?] can ‘be worth’ so many million pounds. An odd aspect of such questions is that they are rarely directed to areas of national expenditure outside the arts.

“Rubens’ Samson and Delilah is a large scale, early and entirely autograph painting of a kind the National Gallery previously lacked. Its splendid colour and vigorous handling of paint can all the better be appreciated now that it appears cleaned in this exhibition…”

ATTRIBUTIONAL TURBULENCE

If a whiff of defensiveness about the cost of the acquisition might be sensed, it would be understandable: a ferocious dispute was running in the early 1980s between Rubens scholars over the famous paper cartoons-for-tapestries that had been bought for the National Museum Cardiff as by Rubens – and Levey was in the thick of it, having sided with Julius Held who had dissed his arch rival Michael Jaffé’s attribution of the cartoons to Rubens. This would have been the very worst of times for another museum to have been thought to have acquired a dud “Rubens” – and, indeed, for Levey to have been its principal begetter.

In that context, it must be said that the self-declared failure to keep customary (if not statutory) records on the Samson and Delilah stands in bewilderingly sharp contrast with the abundance of prior investigations and records kept and published on another old panel picture bought by the gallery in 1980, (for an undisclosed sum made with contributions from The Art Fund, The Pilgrim Trust and the National Heritage Memorial Fund) – namely, Altdorfer’s Christ taking Leave of His Mother. That purchase was also discussed in the 1983 Technical Bulletin. In Wyld’s report on the treatment of that picture, the first note is headed “The condition on acquisition”. It begins:

“Altdorfer’s Christ taking Leave of his Mother (No. 6463) was examined by the National Gallery Conservation Department before its acquisition in October 1980. As is customary, X-radiographs and infra-red photographs were taken and the picture was studied with infra-red vidicon system and under ultra-violet light…” By those and other examinations it was established ahead of the purchase that the panel was composed of six planks joined vertically and that these had been planed-down to about 6 – 8 mm and cradled. In a section on the subsequent treatment of the panel, Wyld notes of one photograph, “Fig. 5 shows the back of the panel as it was on acquisition…” (Emphasis added.) No such photograph has ever been produced of the Samson and Delilah.

LOOP OF SILENCE

When, on 6 April 2002 (letter), we asked the National Gallery’s then director, Neil MacGregor, whether Dr. Brown had been aware in 1982 of Burchard’s 1930 testimony on the condition of the Samson and Delilah, he replied (letter, 9 April 2002): “As I am sure you know, Christopher Brown left the National Gallery some years ago…I suggest you pursue the matter with him.” When Brown was asked (December 2005) by the US magazine, Salon to comment on his past involvement in the controversy surrounding Samson and Delilah, he replied: “I am sorry but I don’t want to do this. Please address your questions to the National Gallery.” And so, a great silence fell.

On re-visiting the Technical Bulletins today, the mystery of the disappeared picture back deepens. Not only had no one ever spoken of a planing and mounting on blockboard before the picture was acquired in 1980 but no one at the gallery had done so in the two years before the 1983 Plesters/Bomford report. Quite to the contrary, in the 1982 Technical Bulletin, Christopher Brown, Martin Wyld and the gallery’s (now deceased) timber specialist, Anthony Reeve (who was described by Mr MacGregor as the “supreme practitioner of his generation”), wrote on the cleaning and restoration of Rubens’ The Watering Place. In discussing the highly problematic construction of many Rubens’ panels, Reeve wrote:

“Of all the pictures in the National Gallery, Rubens’ panels have been of greater concern, because of their condition, than any other part of the collection. The reason for this is well-known. Rubens frequently found it necessary to enlarge his pictures after he had started painting…Rubens’ oak panels, often enlarged in several different stages, are amongst the most inherently unstable supports used by any artist.”

However, Reeve drew a distinction between “the oak supports which, although made up of many planks joined together, were not enlarged during the painting process, and those which were added to.” On that former, unproblematic, type, Reeve cited just three examples:

The Rape of the Sabine Women (No. 38) (1.699 x 2.362 m), The Judgement of Paris (No. 6379) (1.339 x 1.1.74 m); Samson and Delilah (No 6461) (1.85 x 2.05 m), the panels of which are made up of six, five and seven oak planks respectively. The grain of every plank, and hence the joins, are horizontal and all the planks are roughly the same width.”

In consequence, Reeve continued, although “these large panels are sensitive to changes in relative humidity (RH), they provide a sound and permanent support if kept in a controlled environment and not exposed to sudden changes in RH.” Conspicuously, he made no mention of the Samson and Delilah as being then a radically reduced panel that had been glued onto a larger blockboard support (Doxiadis reported seeing something like a four inches wide surround of pinkish blockboard when the picture was out of its frame and flat on its back). Of those three fortunate panels Reeve wrote:

Wood expands and contracts across rather than along its grain. The effect of wood shrinkage of the exposed back [emphasis added] when all the planks are parallel is for the front to become convex, and perhaps slightly corrugated. This shrinkage may cause the joins between the planks to open, or splits to form at the end grain, but treatment and stabilisation are usually straightforward.”

In other words, although all three pictures had been well and favourably constructed, all three were at potential risk of injury through their exposed backs in the event of atmospheric fluctuations – not to mention air-conditioning malfunctions. That was said in 1982. Had the Samson and Delilah already been planed-down to 3 mm and glued or cemented to a larger blockboard panel at that date, a timber craftsman so expert and informed as Reeve could not have bracketed the three panels as being at equal risk of atmospheric changes through their exposed backs.

The planed-down and mounted-on-panel Samson and Delilah artefact described by Plesters and Bomford in 1983 was no longer exposed to fluctuations of humidity: its front was protected by priming, painting and varnish; its back was sealed by its fixture to the blockboard; even its slender 3 mm edges were sealed and protected by putty. Indeed, as Bomford put it in 1983: “Although the nature of this treatment would not find favour today, Samson and Delilah, fortunately, had been treated skilfully. The joins and splits are still secure, the panel is firmly attached to blockboard in all areas and the overall warp (which one might expect to be considerable in a picture of this size) is minimal”. Bomford noted, “no further support treatment is necessary.”

How to account for the two restorers’ discrepancies of accounts between 1982 and 1983? Mr MacGregor once suggested that Burchard might have mistaken a planed-down panel laid on blockboard for an original and intact early 17th century oak panel, but after three decades of removing cradles and reducing panels, Reeve was even less likely to have mistaken a modern blockboard for a 17th century oak panel. He knew the differences well and had noted in the 1981 Technical Bulletin that:

A very large number of the fifteenth and early sixteenth century Italian panels made of poplar have been planed-down and cradled before they came to the National Gallery collection. This form of panel treatment seems to have been very common in England in the 19th century. The problems caused by the planing-down and cradling vary from panel to panel, but it leaves almost all the panels vulnerable in that they are liable to splitting. Thirty years of experience removing cradles, rejoining splits in the panels and securing them by the method described above has shown that, providing the pictures are then kept in a reasonably well-controlled environment, the panels will remain stable.”

If Burchard truly had mistaken a planed-down panel on blockboard for an original early 17th century, it was a mistake made by everyone else who ever encountered the panel up until the moment it was restored at the National Gallery. Proceeding on the testimony of all the available records, the question might now sensibly be narrowed: who, between 1982 and 1983, planed down the panel and mounted it on blockboard – and who authorised the action?

THE MUTE, ELOQUENT TESTIMONY OF PHOTOGRAPHED BRUSHWORK

While past and present National Gallery players have yet to comment on the Art Recognition findings, eloquent witnesses remain in the Samson and Delilah’s own brushstrokes. Grosvenor’s snap dismissal that computers do not and cannot understand art mis-states the issue: computer programmes do not have to possess all human capacities and levels of understanding to perform otherwise immensely laborious but valuable visual tasks with unerring reliability. To give a commonplace example: for graphic artists who work on A3 or larger sheets, it is prohibitively expensive and space consuming to acquire scanners of corresponding size and capacity; in practice, it not necessary to have such equipment because there are now many computer programmes capable of seamlessly “stitching” overlapping part-scans of large images – as was done with this author’s drawing below at Fig. 13.

Above, Fig. 13: The author’s drawing of Donald Trump’s Relationship with the Republican Party, as published in The Conservative, September 2017.

The earlier revolution of photographic reproduction facilitated all manner of handmade graphic inventions by collage and montage but absolutely seamless conjoining was not possible – the sharpest scalpel cutting through paper cannot do other than leave a trace of its actions. It has taken digitalised computer power to accomplish seamless and effortless manipulations of images and, even, with the advent of AI, of videos. Just as it is not necessary to understand the programming means by which part-images can be invisibly joined, so it is not necessary to envisage the mechanisms whereby a programme might successfully identify distinguishing traits within individual artists’ brushstrokes. Pace Grosvenor, such a programme cannot be deemed theoretically inconceivable for the simple reason that we can already see for ourselves precisely such autographically distinguishing characteristics in paintings – were they not already present and discernible, how would any connoisseur identify any work’s author by eye?

THE NEGLECT OF PHOTOGRAPHIC AIDS TO CONNOISSEURSHIP

Far from being an incredible prospect, the study and evaluation of distinctive brushwork through magnified photographic examination has been around as a diagnostic aid for nearly a century. Despite their proven and demonstrable usefulness, the studies in question and their potential applications have been greatly and perhaps wilfully neglected in subsequent art world practices which have favoured the technical analysis of art’s material components rather than the patterns of artistry which are realised through them.

Above, Fig. 14: An image reproduced in our Journal No. 21 with the following caption:

This illustration is a photomicrograph of the highlight on the shoulder of [Rembrandt’s] Woman Bathing, National Gallery, No. 54. The patch is pasted on from a photomicrograph of a picture whose attribution had to be tested. It will be seen that the brushwork is identical in both cases. It is possible for a skilful forger to imitate a signature, but it is quite impossible to combine the quality of the paint, the nature of the brush, and the handling of the paint by the painter, so as to reproduce this complete identity.”

So said A. P. Laurie, Professor of Chemistry to the Royal Academy of Arts, in his 1949 book The Techniques of the Great Painters. Would anyone, looking at the above photographic splicing of two brushstrokes from two paintings doubt that both brushstrokes were products of the same author? Professor Laurie was also the author of the invaluable pioneering The Brushwork of Rembrandt and his School (1932), New Light on Old Masters (1935), and, The Painter’s Methods and Materials (1960). Fascinated by scientific means of examining art, Laurie was firm in his conviction that we cannot separate the history of style from the history of artistic technique. Unfortunately, the lesson of Laurie’s penetrating and helpfully clarifying studies were displaced by more clamorous and institutionally self-serving appliances of science – and photography – and in Britain the principal villain had been an earlier director of the National Gallery.

THE PURPORTED SCIENCE OF THE NATIONAL GALLERY

As a very young (and Lord Duveen-engineered) director of the National Gallery, Kenneth Clark, whose picture cleanings produced fury among artists, set up a scientific department so as, as he put it in his 1977 autobiography, to “have in the background what purported to be scientific evidence to ‘prove’ that every precaution had been taken [by the gallery’s restorers and curators].” In pronounced contrast, Laurie’s impeccably disinterested and transparent method was conducted in good faith.

First, he explained, by magnifying details of paintings: “…we isolate the drawing with the brush: we magnify the individual strokes, and, owing to the dark varnish lying in the hollows of the paint, reveal every stroke of the brush with the utmost definiteness.” Second, “If we now proceed to take silver prints of the magnified photographs of two pictures, one known and the other unknown, and cutting up the one, put a portion of the other print so adjusted that the strokes of the brush follow on, we have an infallible method of identification.”

Thus, Laurie appreciated, the marks of brushes left in paint can be as “forensically” helpful as the rifling marks on a bullet. Unlike Plesters, Laurie combined technical ingenuity with artistic perspicacity. On his schema, great precision of identifications of authorship might indeed be attained by almost anyone – and therein may lie the rub and an explanation of institutional resistance and exclusion: his method demystified the mumbo-jumbo of pseudo-scientific museum world “conservation”.

On the certainly pertinent and potential tripwire question “Can we be sure that artists brushstrokes do not evolve to the point of transformation?” Laurie answered in the affirmative: “As in writing, once a painter has formed his style of brushwork, it is curiously persistent. His pictures may alter with the years: they may develop a greater depth of meaning and a richer quality, as we find with Rembrandt, but the brushwork remains the same.” Laurie, who claimed nothing that he was unable to demonstrate for all to see, continued: “Now take a jump from 1633 to about 1660 and examine through a lens the impasto of the portrait of himself (No. 221 in the National Gallery). You will recognise the same impasto, though with a more stiffly ground paint. Or again, the lens will reveal same impasto as in the portrait of Titus in the Wallace Collection. [See Fig. 15 below] A study of these three painters, Velazquez, Rembrandt and Frans Hals will soon convince the reader of the truth of what has been said above. If then we can emphasise this characteristic, we have a powerful weapon to assist in the attribution of painters.”

Above, Fig. 15: Top, in this juxtaposition of the eye in the Wallace Collection portrait of Titus, (the condition of which Laurie described as above in his ground-breaking 1932 study of Rembrandt’s brushwork) and, above, the eye in the National Gallery self-portrait (of which picture’s condition Laurie noted “This, except for the coarse repairs in the corner of the eye and on the upper lip, is in excellent condition and is the best example of his latest manner I have seen which has not been injured by the restorer”), it can be seen that Rembrandt’s brushwork could swish without change through time.

The test of Laurie was truly in the looking: he published comparative details of artists brushwork in which authorial differences were manifest and indisputable – see Figs. 16-19 below. He squarely addressed all potential practical/theoretical/methodological difficulties: “In order to apply this method in a thorough way it is necessary to study a painter through his whole career, and also to study the work of his pupils and imitators, so as to prepare a complete dossier for reference. I have been able to make some approach to doing this for Rembrandt and his school, for which thanks are due to the Duke of Westminster, and the results of the inquiry have been published as The Brushwork of Rembrandt and his School.” As is perfectly demonstrated at the photo-comparison at Fig. 15 above, the signature brushwork patterns of Rembrandt do indeed straddle his early and late works with complete consistency and a seeming interchangeability.

Above, Fig. 16: Laurie’s photomicrograph of the moustache in the Frans Hals portrait of Verdonck (National Gallery of Scotland).

Above, Fig. 17: Laurie’s photomicrograph of the eye in the Frans Hals portrait of Verdonck (National Gallery of Scotland).

Above, Fig. 18: Left, a photomicrograph of a bow in the Frans Hals Portrait of a Lady (National Gallery of Scotland); right, a detail of the tassel on the shoulder of Rembrandt’s Saskia Laughing, Dresden Gallery. On such a photo-comparison, a child of six would be unlikely to confound the one author with the other.

If perceived in some quarters to constitute a professional threat to vested interests, Laurie acknowledged a personal indebtedness to the London art trade, reporting that his own interests had been aroused by the late Mr Vicars of Bond Street:

“We were all engaged in the famous Romney trial and he took me to see a perfect gallery of the English portrait school belonging to a well-known London banker. ‘We dealers’, he told me, ‘go by brushwork, that is the artist’s true signature which nobody can forge.’ Going up to a Reynolds he said, ‘Do you see how Reynolds has put in that touch there?’ ‘Now come here and see how Romney does it; this is Gainsborough’s touch.’ After we had studied the English portrait school from this point of view, I said to him, ‘I have learnt more from you than from all the art connoisseurs’. He turned to me and said, ‘My boy, we’ve got to know, we risk our money on it!’”

DEFENDING MUSEUM FAKES II

Above, Fig. 19: Top, Laurie’s detail of the Hals moustache; above, a section of a half-page detail of the National Gallery’s du Jardin Portrait of a Young Man, as published in the Technical Bulletin of 1982.

The caption to the Technical Bulletin photograph reads:

“Detail after cleaning, before restoration. The unusually large pigment particles, including those from the lower layer of the ground, can be seen. The paint film is slightly worn so that small areas of grey priming have been exposed, especially to the right of the mouth.”

Thus, as can be seen with this detail of du Jardin’s Portrait of a Young Man, the National Gallery certainly had the means in 1982 to provide Laurie-style detailed photo-comparisons that might have shown, for example, the consequences of its cleaning methods (see Fig. 8 above), or the stylistic correspondences or otherwise between works attributed to a given author. The Gallery had accepted Laurie’s comparative photo-demonstration (as at Fig. 14) that a challenged work was an autograph Rembrandt, but it has commissioned no detailed photo-comparisons of the Samson and Delilah brushwork with that of its own uncontested Rubens pictures (see Fig. 22). Instead of better studying the creative handiwork of artists, the gallery has photographed a million microscopically minute samples of paint ground down so as to reveal paint in stratigraphic cross-sections. In the 1993, 1996 Art Restoration, we complained that the National Gallery’s restorers and scientists were more interested to learn of the chemical constituents of paint than to understand the artistic uses to which artists put their paint, viz:

“…the green earth pigment consisted of ‘glauconite and celadonite [which] have closely similar constitutions, although their primary origins differ: the former is present in certain marine sedimentary deposits, while the latter occurs as inclusions in igneous rocks such as basalt. They are difficult to distinguish by XRD. Both types are layered silicate materials containing FE(II) and FE(III); also characteristic is a content of aluminium, silicon, potassium and sometimes magnesium…” Does this have a point, we asked, or is it swank? Was Rubens handicapped when painting in ignorance of such chemical constituencies?

Laurie encountered hostility from institutions wishing to defend their attributions. He warned: “I suggest a voyage of discovery to some young student with a magnifying camera through the galleries of Europe, but he must be careful to conceal his real object or he will never return alive. I have never forgotten the rage of the Director of a famous continental gallery when he thought I was suggesting that one of his pictures was not by Rembrandt. ‘Nonsense, nonsense’ he shouted, ‘one of the finest Rembrandts in the world’. I hurried to explain that I was referring to a Rembrandt in another Gallery, he smiled sweetly and said, ‘You are probably quite right’.”

TIMES CHANGE

In conclusion, and in Laurie’s inquiring spirit, we consider some close photographic comparisons of the National Gallery’s version of the 1609-10 Samson and Delilah with a bona fide Rubens painting which has retained its back – Rubens’ The Raising of the Cross of 1609-11, Antwerp Cathedral. As with that comparison at Fig. 4, above, the successive comparative details from Fig. 20 to Fig. 25 below are of two works of the same supposed historical moment and stage of development within the oeuvre. Great differences of brushwork might hardly, therefore, be expected. Matches are not to be found.

“SMOOTHLY BRUSHED, THINLY APPLIED”

Above, Fig. 20: Top, a section of Delilah’s flesh; above; a detail from Rubens’ The Raising of the Cross.

The astonishing contrast above, is of an apparently phenomenally well-preserved smoothness and absence of age cracks in the Delilah, and the entirely characteristic four centuries old painting of flesh on The Raising of the Cross. Plesters, convinced of the picture’s authenticity, perceived no stylistic discrepancies and remarked on the Samson and Delilah’s seemingly youthful paint: “The flesh of Delilah was in such perfect condition that no small damage could be found from which to take a [microscopically tiny] sample, but viewed under the stereoscopic binocular microscope at low magnification the pale parts of the flesh appear to consist of lead white tinted with a little vermilion, a mixture which results in a clear rosy pink. The transition between the white, pinkish and more creamy tones (probably lead white with a little yellow earth colour) are smoothly brushed apparently in a single paint layer.” Moreover, “Apart from the strongest highlights the flesh paint is quite thin, so much so that in parts the striped pattern of the yellowish imprimatura below is visible lending a pearly translucent effect which Rubens may have calculated…”

As if inoculated against all visual anomalies, Plesters deemed it interesting to find that “in the full-scale version of Samson and Delilah the striped imprimatura, so characteristic of his preparatory and exploratory oil sketches on panel, has been used.” Without her conviction that what she was examining what was unquestionably Rubens’ handiwork, Plesters might have found the exposed imprimatura in a major painting, commissioned by a friend and patron, surprising and incongruous. Perhaps she did sense danger: “…it could of course, in this case, be the accidental result of [unusual] speed and boldness in painting.”

Above, Fig. 21: Two faces of the Rubens “beautiful young blond woman” type. Again, the same striking differences of paint film properties are apparent (thick v. thin; smooth v. textured) but note also how in the secure Rubens picture the “drawing” of the subject’s profile has been realised by modelling the features (brow, nose, lips and chin) over a darker background. In the National Gallery picture the drawing of the profile is weaker, sharper, anatomically inferior and has been realised principally by the encroachment of a superimposed dark background which, at the nose, results in flat, angular edges like cut-out paper that bear no relation to the form of the nose (which, anyway, is itself plastically and anatomically ill-conceived) and with no illusion of aerial recession beyond the figure.

Above, Fig. 22: Top, in the Samson and Delilah the forms of the lips are chaotically and messily unresolved. The upper lip is drawn as if from a three-quarters and above viewpoint, but the lower lip is drawn as if seen sideways on and with no hint of interconnecting flesh. By comparison, in the proper-Rubens head all the surfaces turn, move, and cohere convincingly, as if placed on a piece of sculpture.

Above, Fig. 23: In these portrayals of hands, the superbly realised expressive resolutions within the one, disqualify the crass and clumsy shorthand treatments seen in the other.

Above, Fig. 24: In these two details on the Burchard/National Gallery painting, the scant, near-void-like treatment of the background is accompanied by a flabby musculature in Samson’s back. The enlarged detail of the ear discloses an angular, almost Cubist treatment of the forms laid hastily over the stripy sketch-like imprimatura.

A TRIPLE COMPARISON AND A SECOND, “TWINNED” RUBENS UPGRADE

Above, Fig. 25: In this comparison we show three very different treatments of female hands which pose the question: Did Rubens paint female hands so variously in 1609-11?

On the left, we see that encountered in the secure Raising of the Cross in Antwerp cathedral. In the centre we see the Delilah hand from the National Gallery. On the right, we see a hand from the (presently) most-expensive “Rubens” painting, The Massacre of the Innocents which realised £49.5m at Sotheby’s on 10 July 2002. The latter, like the Samson and Delilah, had been regarded as a follower’s copy for centuries. Where our eyes can only tell us that these three hands were executed by different artists, the official Rubens Art Scholarship World insists that all three had been painted almost simultaneously by Rubens. The hand in the centre is an anaemic semblance of a Rubens hand. That on the right is a stridently caricatured – almost comic book-like – derivative.

GROWING OEUVRES DESPITE THE EVIDENCE OF TREE RINGS

When misattributed works are accepted within oeuvres, they immediately exert a toxic influence – if “X Mark I”, then why not also a matching “X Mark II”? And so on, ad infinitum…until an inevitable eventual crisis of confidence arises.

Up to December 2001 the Massacre (Fig. 30, below), like the Samson and Delilah, had for centuries been regarded as a follower’s copy. The upgrading was said to have been made by five experts, only three of whom were named – Paul Huvenne, Arnout Balis and Elizabeth McGrath (the other two were believed to be National Gallery staffers). In the 2006 AWUK Journal No. 21 we reported that Dr. McGrath had corresponded with the National Gallery about Jan van den Hoecke, whom she believed had worked with Rubens in his studio and had possibly collaborated with him on a Rubens temporarily loaned to the National Gallery. She had expressed a fear to the Gallery that if her material were to be passed to the press, she might be thought to be propounding her own theories.

Some of the five experts thought the Massacre had been painted before the Samson and Delilah, some, after it. Of all Rubens paintings of the period under consideration – 1609-11, the National Gallery picture – and not, for example, the absolutely secure Raising of the Cross – was taken by Sotheby’s and the experts to be the “benchmark” picture in making this new Rubens ascription even though both the Samson and Delilah and the Massacre had spent many years together in the Liechtenstein Collection not as Rubens’s but as Jan van den Hoecke copies of Rubens pictures. The Massacre had Liechtenstein seals on the back and front of its panel which, just like the Samson and Delilah in 1929, was said to be original and in excellent condition.

BURYING REPORTS

Sotheby’s had commissioned detailed technical reports which were not carried in the sale catalogue but which were there said to be available on request in a separate volume. The reports carried much material that was injurious to the Rubens ascription, as we reported in the October 2002 Jackdaw (“Is this £49.5 million painting by Rubens?”). The Independent’s financial correspondent William Kay, had advised on 20 July 2002 (“A little detective work can pay off”): “Don’t look at a company’s profits-and-loss account – start at the back of the accounts, where the notes are, not at the front where the chairman puts a gloss on the numbers.”

Turning quickly from the first page of Sotheby’s commissioned reports on the Massacre (- which page carried the disclaimer “The independent reports contained in this document are provided for prospective bidders’ information only and without warranty by Sotheby’s or the seller”) to the very last page, I discovered that the two last lines of a dendrochronological report by Peter Klein on the picture’s oak panel (dated 2 April 2002) read:

“Under an assumption of a median of 15 sapwood rings and 2 years for seasoning a creation is plausible from 1615 upwards.”

That meant the Massacre’s proposed Rubens upgrade as “a just-returned-from-Italy” work of 1609-11 was toast. On the tree ring evidence, this panel could only be considered to have been painted at least four years afters after its claimed date of execution. When Dr Klein examined the wood of the Samson and Delilah in 1996 his technical findings were said by the National Gallery to have corroborated the claimed 1609-10 date of execution. That claim, however, had rested not on the data but on the authority of a Klein covering letter which stated: “The felling date [of the tree] corresponds very well with the art historian attribution” and that a date of execution for the painting “is plausible from 1605 upwards”.

Two British dendrochronologists held that Klein’s summary characterisation of tree ring data was misleading. One said: “it is unsafe to say 1609 is any more likely than a later date of 1620.” Another observed “All Klein should be saying is that the range is 1597 to 1630”. The forces that were desirous of the Massacre being taken as a bona fide Rubens were unmoved by the earlier Samson and Delilah controversy and warnings – and the marketing enterprise rolled on despite the presence of much other disqualifying evidence in the volume of reports. As we reported in the Jackdaw:

Preliminaries studies failed to link the Massacre’s wood with that found in any of Rubens’ panel. As well as being too late, the Massacre contains the wrong materials. A pigment, orpiment, that is found in no Rubens painting is present here. A second pigment, smalt, said to have been in use ‘mainly in the mid-seventeenth century’ and which seems only to be found in Rubens’ later works is also present. The orpiment yellow is anomalous not only in its presence but in its manner of application – it is mixed with lead tin yellow. Such a combination is said to be “unusual since it was considered unstable” and, even, to be a practice ‘not encountered in 17th century works’…Speaking of Rubens’ debt to classical sources, the anonymous author of the catalogue entry correctly concedes, ‘one of the background figures appears to derive from the Borghese Gladiator…[which] was not excavated until late in 1611’…”

The absence of under-drawing and pentimenti has been remarked in both works. No less anomalous is that both also betrayed an uncharacteristically stinting use of lead white pigment. Plesters, convinced at every turn that a Rubens ascription was beyond question, noted: “The striking feature of the composite X-radiograph is how comparatively sparingly and how subtly Rubens has used lead white, reserving the strongest touches for the brightest highlights and tapering the thickness of the white highlight to almost nothing. This system of painting which uses the light-coloured ground showing through thin translucent paint layers for the middle tones, particularly of flesh, is similar to that used by early Netherlandish painters who also used a chalk ground on oak panel.”

Where Plesters had attempted to explain the absence of underdrawing on the Samson and Delilah by claiming there had been no need to make any because the (anomalously complete) oil sketch for the painting had resolved all matters, in Sotheby’s reports it was more frankly acknowledged that such absences of under-drawing and pentimenti in the Massacre are consistent with pictures originating in Rubens’ workshop:

“…we can identify the use of minor but significant applications of paint to modify the outline and define the shape of the elements in the composition. These can be seen as strongly contrasting additions, frequently following the line of a limb or suchlike. Wadum [J] has effectively argued that these features represent Rubens’ studio control, and that he was in the habit of inspecting works before they left the workshop and making corrections.”

Clearly, had Rubens painted the Massacre with his customary perpetual revisions (as are to be seen on the Raising of the Cross), he would not have needed to make last-minute corrections with ‘brushstrokes of paint containing carbon black’ to his own work.

SCHOLARLY ACCOUNTABILITY

We asked in the 2002 Jackdaw: “Can it be right that we are all asked to take this leap of faith when the [five] experts, displaying a seeming ignorance of – or disregard for – so much germane material evidence, have yet to publish accounts of their verbal endorsements.”

Above, Fig. 26: The two copies made respectively of the original (and subsequently lost) Rubens Samson and Delilah in 1625-35 by Frans Francken (left), and in 1613 by Jacob Mathan (right) in both of which Rubens can be seen to have painted the whole of Samson’s right foot and space beyond.

Above, Fig. 27: Left, detail of the Frans Francken painting showing the original Rubens’ Samson and Delilah; right, the National Gallery Samson and Delilah, as exhibited in 1983 in its then new, post-restoration, frame and above a mock-up of the grand fireplace in Nicolaas Rockox’s house. The recorded positioning of Samson’s right foot in the Franken copy testifies to a compositionally taught bisecting of the picture on a descending diagonal. In contrast, the foot is not only cropped in the National Gallery picture, but it first wanders up the edge of the painting leaving a broken-looking leg.

Above, Fig. 28: The whole of Frans Francken’s copy of the original Rubens Samson Delilah enjoying pride of place in Nicolaas Rockox’s house.

Above, Fig. 29: Top left, detail of feet on Rubens’ The Raising of the Cross; top right, the cropped foot in the National Gallery Samson and Delilah; above, a Rubens chalk figure study for The Raising of the Cross showing how Rubens drew separately on the sheet a cropped leg.

The most visibly disturbing disqualification in the National Gallery picture – as Doxiadis, Harvey and Hopkinson immediately flagged in their 1992 Report – was the fact that the toes of Samson had been cut off at the edge of the painted area on the panel when both copyists of the original painting in Rockox’s house had recorded an intact foot set well away from the edge of the painting in a more reassuringly “Rubensesque” treatment.

The cropping in the National Gallery version is itself disqualifying on two counts. First, few painters have been more attentive to their depicted subjects’ digits than Rubens. When a foot was not included in a large swiftly drawn figure study, as above at Fig. 29, Rubens drew it separately on the sheet so as to have a record of the entire figure. Second, as we have examined previously, copyists frequently produce truncated versions of master works and the £49.5 million Massacre of the Innocents which is now in the Ontaria Museum is – just like the Samson and Delilah – a compositionally cut-down version of a larger composition that is found in a School of Rubens Massacre in the Royal Museum of Fine Arts Belgium as seen below in Figs. 30 and 31.

Above, Fig. 30: Left, a detail of a Rubens School work in the Museum of Fine Arts, Belgium; centre, the former Jan van den Hoecke copy that became the £49.5 million Massacre of the Innocents and now lives in the Ontario Museum; right, the Francken copy of the (lost) original Rubens Samson and Delilah.

Above, Fig. 31: The left-hand sections showing the pair of murdered babies in the bottom left corner of two versions of Rubens’ Massacre – that in the Royal Museum of Fine Arts, Belgium version, left, and, right, that in the cropped £49.5m Ontario Museum, former Jan van den Hoeke version.

On the fact of the 1980 and 2002 upgrades, must we now believe that Rubens had cropped the compositions and subjects in both his Samson and Delilah and his Massacre of the Innocents pictures so disturbingly as to prompt copyists of both works to expand the pictures to more comfortably and characteristically Rubens-like compositions?

How many allowances may be made, how many disqualifications disregarded, to uphold a single troubled attribution? In our experience, it is very often the case that when one thing is wrong with an attribution, everything else is.

Michael Daley, Director, 5 November 2021

POSTSCRIPT: On 12 November 2021, Eric Biétry-Rivierre reported in LE FIGARO (“A Salvator Mundi still record but less and less credible”):

For the Prado Museum, the most expensive painting in the world is not by Leonardo da Vinci. Rather, it is the work of an assistant or follower.
In the catalogue of this exhibition running until 23 January 2022 and relating to an old copy of The Mona Lisa which it preserves, the Prado does not attribute to Leonardo da Vinci the Salvator Mundi of the Crown Prince of Saudi Arabia. According to the Madrid Museum, this version called “Cook” (named after a former owner because there are no fewer than 22 paintings in the world in the Leonardesque style and representing Christ in the manner of a God the Father) belongs to a close assistant or follower. This further darkens the episode of the highly marketed and hypermediatized sale, organized by Christie’s New York in 2017. And it justifies less the $ 450.3 million disbursed by Mohammed Bin Salman.
The curator Ana Gonzalez Mozo even suggests that a prototype made by the master may never have existed. As for which would be the oldest version, she leans towards another Salvator Mundi: the so-called “Ganay” version, also in private hands. Its pedigree, admittedly incomplete, being much less incomplete. It was already this oil painting that, although less beautiful and less well restored, had the preference of the specialists of the Louvre during the retrospective organized at the end of 2019 on the occasion of the 500th anniversary of the death of the master.
After much debate, hesitation, and even the publication of a scientific brochure validating the “Cook” was finally discarded, the “Ganay” completed its exceptional journey. And this not only because the Gulf panel painting was missing (MBS would have conditioned his loan to a hanging near Mona Lisa, which would, de facto, have “consecrated” the work as an authentic Leonardo).
The “Cook” version was also weakened by a recent documentary by Antoine Vitkine. In his Salvator Mundi: the astonishing case of the last Vinci, the main supporter among international “Leonardologists”, the Englishman Martin Kemp, appears less affirmative. As for Luke Syson, the present director of the Fitzwilliam Museum, Cambridge, who in 2011 was the unconditionally supportive curator/architect of the first public presentation of the work at the London National Gallery, he is more and more among peers who denounce his recklessness.
Bernd Lindemann is one of them. In another documentary on the Salvator Mundi, by Andreas Koefoed, Lindemann, director of the Gemäldegalerie in Berlin, says: “It’s not the role of serious museums to present such a controversial painting.” Thus is the reputation of the great British museum damaged. This is bad at a time when its Samson and Delilah, bought at a golden price for a Rubens forty years ago is seriously questioned.

On 14 November 2021 The Times of Israel reported that the $450m Salvator Mundi has been deemed not a Leonardo:

“Sold for $450m to Saudi prince, ‘Salvator Mundi’”

“The Prado catalogue also contains an opening essay by Vincent Delieuvin curator of Paris’s Musée du Louvre’s 2019 retrospective of works by the artist. He discusses the Saudi-owned painting, referring to ‘details of surprisingly poor quality’. Delieuvin concluded, ‘It is to be hoped that a future permanent display of the work will allow it to be reanalyzed with greater objectivity’…”

The initial near-universal hyperbolic analysis has indeed been found wanting but Waldy and Bendy are not the only fleet of foot art critics. As Jacques Franck notes:

“This is interesting news indeed, but it is not how the real story ran when it started in 2016. Delieuvin, no less than Penny and Syson at the National Gallery, had been convinced all along that the Cook Salvator Mundi was by Leonardo, there can be no possible doubt about that. Aside from the strong support Delieuvin gave the painting on the occasion of the Leonardo exhibition he curated at the Italian Embassy in Paris in September 2016, he had long planned to include the work as the guest star in the blockbuster Leonardo show which he co-organised with curator Louis Frank at the Louvre in October 2019. This is testified by the first version of the catalogue which reproduced the Cook Salvator Mundi on the front cover, wherein one could read that it was attributed to Leonardo himself and had been listed as such at no. 157 in the show. That first version was junked for undisclosed reasons and the whole catalogue was reprinted. What is known is that the loan of the Saudi picture was not granted by the owner; that the picture was not exhibited; and, that the non-appearing picture was simply reproduced in the new catalogue as “Salvator Mundi version Cook”, fig. 103 bis, p. 303 thus meaning “studio work”. (See Fig. 32 below.) In December 2019, six weeks after the late October opening of the above-mentioned Leonardo exhibition, a book titled Léonard de Vinci. Le Salvator Mundi by Vincent Delieuvin (Louvre curator), Myriam Eveno and Elisabeth Ravaud (both Louvre laboratory scientists) was put on sale in the Louvre’s bookshop and swiftly withdrawn. However, some copies or photocopies of the latter book have nevertheless circulated around the world and are now in the hands of many Leonardo scholars, like me. In that notoriously disappeared book, the authors concluded enthusiastically (p. 14) that the work had been shown by “decisive scientific tests” in 2018 to be by Leonardo. That is the true story and there exists no other”.

In the December 2021 Art Newspaper, Bendor Grosvenor, over-looking the annual Apollo magazine awards, complained of an absence of art world annual awards and launched a self-styled “Diary of an Art Historian awards”. Two especially rich items caught the eye. His book of the year award was given not to a book but to an online catalogue raisonné, which he contends “might not yet have the kudos of a book published by Yale priced at £150, but it will have a thousand times more readers, and just as impressive a legacy. (Readers might recall Grosvenor’s own recent unsuccessful joint bid with the dealer Philip Mould (who has a degree in art history) to replace the four specialist scholars-authored, Yale-published, 2004 catalogue raisonné Van Dyck A Complete catalogue of the Paintings – see Art-Trading, Connoisseurship and the Van Dyck Bonanza.) Richer still, perhaps, was Grosvenor’s award for “Auction Consignment of the Year to whoever had the imagination to capitalise on Leonardo-mania by buying a humdrum 20th-century copy of the Mona Lisa on eBay for £2,750 and swiftly consigning it to Sotheby’s Old Master Sale in London, where it made £378,000″ – a small beer hike compared with the conversion of a recent, repeatedly restored, one thousand-dollar wreck into the $450m pretendy and now-disappeared Leonardo Salvator Mundi. On the night of that notorious Christie’s, New York, sale Grosvenor swooned: “Christie’s just did something that re-writes the history of auctioneering. They took a big gamble with their brand, their strategy to sell the picture, and not to mention the reputations of their leadership team, and they pulled it off – the best piece of marketing I’ve ever seen. Above all, they had absolute faith in the picture. AHN [Art History News] congratulates them all.”


Fakes, Falsifications and Failures of Connoisseurship

2017 marks the twenty-fifth anniversary of ArtWatch International and, today, the tenth anniversary of the death of its founder, Professor James Beck. This year, the eleventh anniversary of Beck’s From Duccio to Raphael: Connoisseurship in Crisis, will see the ninth annual James Beck Memorial Lecture (in London) and publication of the proceedings of the 2015 ArtWatch UK, LSE Law, and the Center for Art Law conference “Art, Law and Crises of Connoisseurship” – which examined the crises from the perspectives of artists, scholars, scientists, and lawyers.

During the early 1990s Michelangelo restoration battles we soon saw misattributions and restoration injuries as twinned failures of connoisseurship. Subsequent events confirmed that analysis and vindicated our warnings on toxic attributions [1]. Our recent protracted silence covered studies of the present fakes/connoisseurship malaise and the results will be published during the year.

Fig. 1 890
Fig. 2 2vvv

Above, Figs. 1 and 2: restoration degradations to two Klimt paintings – his Danae of 1907-08, as seen before 1956 and today; and his oil on canvas Portrait of Margaret Stonborough-Wittgenstein, as seen, left in 1905 when not-yet finished and subsequently in 1911, pre-1956 and today.

The starburst of exposed fakes that brought down New York’s (unrepentant) House of Knoedler, embarrassed ancient firms like Colnaghi’s and venerable publications like the Burlington Magazine has also humiliated the Louvre, the National Gallery, the Metropolitan Museum, the British Museum, the Art Institute of Chicago, the Tate, the Galleria Nazionale in Parma, the Van Gogh Museum and the Kunsthistorisches Museum in Vienna. On 11 April the FBI warned there could be hundreds more fakes in circulation in addition to the forty the agency has identified from a single forger who donated works to the Smithsonian American Art Museum, the Los Angeles County Museum, the Museum of Fine Arts, Boston, and the Detroit Institute of Arts. Had the FBI prosecuted the forger Ken Perenyi there might have been as many embarrassments again [2]. The problem of fakes occurs online, on land, and at sea outside of legal jurisdictions, as Anthony Amore has shown in his 2015 compendium of scams, The Art of the Con.

Fig. 3 72

Above, Fig. 3, Klimt’s 1907-08 The Kiss, (detail) as seen before 1956 (top) and today.

With fakes and restoration injuries, the latter are greatly more destructive. Misattributions can be corrected, money can be paid back. However it might be ascribed at a given moment, the work of art – the art object – remains its own prime document (insofar as restorers permit). Sometimes restoration injuries are localised within a work, sometimes they are overall and catastrophic. Successive damaging restorations compound injuries and falsifications irreversibly (as seen above with Klimt and below with Renoir, Degas and Michelangelo). Slow cumulative damages are perhaps more serious than abrupt aberrant mistreatments that draw immediate notice. Scholars who shy from considerations of condition [3] must proceed on the premise that what is today is what originally was – an untenable view given that every restorer loves to undo and redo the works of predecessors but does so at a yet further remove from the work’s original condition and artistic milieu.

RESPONSES TO THE PRESENT ATTRIBUTIONS CRISIS

Responses to the attributions crisis have ranged from panic through self-exculpation and blame-casting to denial and cheerleading assurances of future streams of discoveries from sleeper/hunters. This is not an exclusively art market problem. Its roots are deeper and wider. The market trades objects on what others claim them to be. There has been concern among leading experts over the trade’s capacities of recognition and discrimination because of a precipitate decline in hands-on objects-informed expertise within the academic and museum spheres which have traditionally underpinned market activity [4]. Where Sotheby’s swiftly refunded purchases and took technical precautions, public museums are still flaunting restoration-wrecked pictures [5] and dubious attributions [6]. Much of art historical academia absents itself, fretting over alleged “engendered gazes”, for example, while missing (or disregarding) restoration-wrecked Renoirs and Klimts.

Fig. 4 kli

Above (top), Fig. 4, Klimt’s portrait of his niece Helene in 1956 and in 2007. Above, a detail of Klimt’s Judith II (Salome) of 1909, as published in 1956 (left) and in 1985 (Gustav Klimt ~ Women).

Below (left), Fig. 5, a detail of Renoir’s La Loge, as seen in 1921 and in the Courtauld Gallery’s 2008 exhibition catalogue Renoir at the Theatre – Looking at La Loge.

Fig. 5 renoi

MUSHROOMING MARKETS

Without the cover of museums’ previously thought invincible technical authority, the mechanics of error are suddenly in plain view. To repeat our warnings, three years ago in “Art’s Toxic Assets and a Crisis of Connoisseurship” we wrote:

“‘Buy land’, Mark Twain advised, ‘they’re not making it anymore’. This logic ought to apply to the old masters but does not. Land makes sound investment not only because of its scarcity and its potential for development but because, in law-abiding societies, it comes fixed with legally defendable boundaries… Attributions, however, are neither guaranteed nor immutable. They are made on mixtures of professional judgement, artistic appraisal, art critical conjecture and, sometimes, wishful thinking or deceiving intent. They remain open to revision, challenge, manipulation or abuse… as some buyers later discover to their cost. Buyers are advised in the small print to beware and proceed on their own judgement… few people would dream of buying a house without legal searches and a structural survey.”

Eleven years ago we noted: “…The artists themselves may be dead but their works proliferate. As recently as the 1960s, 250 sheets of drawings were accepted as authentic Michelangelo. Today, over 600 sheets are. Such increases are fed not so much by forgery or the discovery of genuinely long-lost original works (both of which occur) but by a too-ready upgrading of copies, or studio works, to ‘original’ status.” [7.]

Fig. 6 letters

Three years ago we warned that buying old master paintings could be riskier than buying second-hand cars and asked for vendors to be required to disclose all that is known about a work’s provenance and restoration history (13 August 2014, letter, the TimesFig.6, above). At the time we received silence. This month the art market blogger, Marion Maneker, complained (Art Market Monitor, 2 May 2017) that:

“The Financial Times has yet another ‘How Transparent Is the Art Market?’ story written by an announced participant in an upcoming art market regulation conference revealed in the pages of the Financial Times the week before. Considering the amount of interest the FT has shown in regulating the art market, one would expect the international business newspaper to have some proposals about how to police the trade.” See Georgina Adams, “How transparent is the art market”. Where Maneker complained: “The closest the story comes to offering ideas is to compare the art market to the second-hand car market (unfavorably)” Adams had quoted two art world players who so liken the art market:

“The fundamental problem, according to the FBI’s art and antiquities special agent Meredith Savona, is the lack of records of ownership. ‘Even for cars, I can see who owned it for a certain period of time,’ she says. ‘In the art market there is nothing, no regulation. If someone will not tell you who was the previous owner there’s a reason. There needs to be a way of having records maintained for, say 20 or 30 years.’ This chimes with the stand taken by Nanne Dekking, a Dutch entrepreneur whose start-up Artory aims to bring more transparency to the market through catalogue raisonnés and provenance research – ‘In Holland there is a digital registry for second-hand cars – it’s obligatory to register, so if you buy a car you know exactly what you are getting’, he says. ‘…That’s the kind of transparency we’re after.”

In 2013 Dekking was appointed Sotheby’s Executive Vice President and Vice Chairman, Americas after eleven years with Wildenstein & Co. He is a board member of the Authentication in Art group which first welcomed and then rejected a proposed paper we had offered on the flaws of Technical Art History for a forthcoming AiA conference. We see open and freely published debate as a precondition to reforming a system that is proving unfit for purpose.

PROVENANCE RESEARCH

Georgina Adams also reported calls for a levy on art sales to fund independent bodies to establish and maintain standards in the protection of buyers but such suggestions, in our view, are unworkable. The art market is global and increasingly an arena of private/secret transactions. Taxes are levied by governments. How and by whom would levies be collected around the world, pooled and then disbursed? Who would guarantee the independence of such bodies? Would they be national or international and to whom would they be answerable? Would they charge fees to offset their own costs? Less problematic, much cheaper and perhaps more to the point would be for governments to give buyers enshrined statutory rights to be informed about what should appropriately be known when buying a work of art. Presently, vendors enjoy de facto rights not to disclose their identities; not to disclose how often and to what extent works have been made over by restorers.

CONCEALMENT OF IDENTITIES

In 1998 a pastiche Leonardo drawing was put on the market by Christie’s NY as “German School, early 19th century” and “the property of a lady”. When the work was claimed to be a Leonardo worth $200million (as the so-called “La Bella Principessa”) the lady concerned disclosed her identity and brought an action for damages against the auction house on what was only a claimed valuation, not a sale. Only then did we learn that the vendor was the widow of a painter/restorer (of Leonardo, among others) who had been an intimate of Bernard Berenson, helping him to conceal his collection from the Germans during the War, and the drawing’s only known owner. When the new owner, and Professor Martin Kemp, an AiA board member and a leading advocate of the Leonardo attribution, trawled the Berenson archives together in search of an earlier reference to the drawing they drew a blank. The drawing remains without history outside of the studio of the artist/restorer who is said to have restored it. Such is precisely the kind of information to which potential buyers should rightfully be privy.

THE LAW, SECRECY AND MAKING THE BONA FIDE FAKE

When the Art Newspaper examined the legal ramifications of the current crisis (“It’s time the art market got tough on fakes” 2 February 2017) it found no appetite for either external regulation or self-policing and a blithe acknowledgement that bad restorations convert bona fide pictures into effective forgeries:

“At the annual art-crime symposium held in November at New York University, participants agreed that the culprit was the market’s notorious secrecy. But discussions revealed deep divisions about what should be done. Insurers, auction houses, dealers and other players each have their own interests to protect in a market where, as one participant remarked, the ‘level of greed…is so great’.
‘Information is the currency of the art market,’ said lawyer Steven Thomas, the head of the art law practice at the Los Angeles law firm Irell & Manella. He offered an example showing how information was withheld in trying to close a sale. When one of his clients learned that an impressionist painting he was interested in had been restored so extensively it was no longer considered authentic, he confronted the dealer, a prominent New York gallerist. ‘Oh, you found out,’ was the cavalier response. Such is the attitude in a market where the burden of due diligence as a practical matter may fall on the buyer.”

ACKNOWLEDGING RESTORATION INJURIES TO SAVE AN ATTRIBUTION – AND THE PARAMOUNT IMORTANCE OF PHOTOGRAPHIC RECORDS

Secrecy on condition can tempt owners. Duncan Phillips privately admitted that his great Renoir The Luncheon of the Boating Party (detail below, Fig. 7) was so mauled by two pre-eminent restorers that it was rejected as authentic when loaned to the Louvre:

“Fortunately we were able to put them right because our friends had taken the precaution of filming their work on the canvas. I have a copy of the film which you’re welcome to view. In it you’ll notice actual colour stains coming off on the cotton swabs. But please, for God’s sake, don’t report this tragedy. It’s too dreadful.” [8.]

Today one can see on the painting where a colour in one part was introduced into the cracks of another area – and yet Phillips’s widow, Marjorie, wrote in her 1970 memoir Duncan Phillips and his Collection “the Sheldon Kecks, outstanding restorers, operated on the Renoir successfully!” We have asked the Phillips Collection’s director several times to see the film and the painting’s restoration records but always without reply. At the National Gallery, under the directorships of Charles Saumarez-Smith and Nicholas Penny, we were given permission to examine the historic and conservation dossiers of paintings with the kind and helpful assistance of the gallery’s librarians and archivists. In contrast, when we asked to see the records of the Bellini/Titian The Feast of the Gods at the National Gallery, Washington, the conservation department refused outright. A curatorial department was more open and supplied good-quality pre and post-restoration photographs of the painting’s states which enabled us to demonstrate losses of value during the cleaning (as at Fig. 8 below). We learn that a member of the gallery’s conservation staff keeps more sensitive photographic records at home for fear that they “might fall into the wrong hands”.

Fig. 7 eliot scan0001

Above, Fig. 7: a page in the Autumn 2007 ArtWatch UK Journal published in memory of James Beck who died on 26 May 2007. In the same journal we published a comparison of a detail of the Feast of the Gods, as taken before cleaning (left) and after cleaning but before repainting – see Fig. 8, below:

Fig. 8 x bellini

SPURIOUS CONSERVATION SCIENCE

Fig. 9 all renoirs

Above, top, Fig. 9: a detail from the National Gallery’s Renoir The Umbrellas before cleaning (left) and after cleaning in 1954. Below, Fig. 10, the face, after cleaning and restoring.

Fig. 10 scan0002

It should be clear to any scholar or connoisseur of paintings that the National Gallery cleaning was injurious, that the picture’s values and relationships were degraded and deranged – and yet the technical promises underpinning the restoration were “top-of-the-range” and authoritative. Cleaning was preceded by a physical and a chemical analysis of the painting by two gallery scientists who concluded that an “extremely thin” natural resin varnish could safely be removed “by solvents of a strength well below that likely to attack the paint film, which is resistant to the solvent action of pure acetone.” The scientists offered an additional assurance: “In the hands of a competent restorer [Norman Brommelle, husband of the National Gallery’s head of science, Joyce Plesters, was chosen] there is no reason to fear that the paint layers will be disturbed in the course of cleaning. Since, in this particular picture, there is no evidence of a linoxyn film, nor the presence of any resin in the medium, there is, in our opinion, no need to adopt any special precaution.”

Brommelle reported that the varnish was removed with a 3:1 turpentine/acetone mixture containing a small percentage of diacetone alcohol and that the last traces were removed with toluene but no one explained why an extremely thin varnish layer of no great antiquity needed to be removed. The cracks seen above at Fig. 10 were products of the cleaning (some local cracking had occurred previously where the canvas vibrated against a central stretcher bar on its regular exchanges between London and Dublin. (Technical information by courtesy of the National Gallery Conservation Department.)

THE TECHNICAL AND SCHOLARLY UNDERWRITING OF A FAKE AT THE NATIONAL GALLERY

Fig. 11 OG 2 no 17 two gents together

One of the recently disclosed fakes, an “Orazio Gentileschi” (above right at Fig. 11 next to an authentic work), had been accepted by the National Gallery on a loan from its owner. When the now rejected no-history painting was withdrawn, the gallery justified its inclusion with the claim (Antiques Trade Gazette): “The gallery always undertakes due diligence research on a work coming on loan as well as a technical examination.” After this historical and technical examination, the Gallery label declared that “the poetic depiction of ‘David Contemplating the Head of Goliath’” had been produced by Gentileschi “for a collector’s cabinet” – an unsupported claim that, like “made for private devotion”, often serves as a flag of convenience for small recently-discovered old works without histories.

Fig. 12 OG 4 no 19 close ups

Above, Fig. 12, here we see a detail (top left) of the real Gentileschi David and (top right and below) the loan accepted as authentic by the National Gallery. If, instead of whatever technical and art historical examinations were carried out, the Gallery had run a few simple photo-comparative checks of the kind shown here, it should have been obvious to anyone with an alert eye that the picture in the top left had been the bona fide historical prototype for the other, markedly inferior and modern-looking, version. Qualitatively, they are not remotely co-equals: the one is a crude pastiche of the other. In every detail the chasm of quality should have identified the loan as a pastiche.

THE CONSEQUENCES OF (UNACKNOWLEDGED) RESTORATION INJURIES

Although this impostor has now been rejected from the National Gallery there is no redress for individual badly restored bona fide works – and often not even an acknowledgement of their plight. Nor is there any apparent means of stemming the swelling tide of destruction that masquerades as a conservation service while delivering incremental degradations of pictures, such as those that can be shown to have taken place in less than a century on what is now the Denver Art Museum’s Degas’ superb pastel and charcoal The Dancing Class or Dance Examination of 1880 below at Fig. 13. The first photograph in the sequence was published in 1918 (Degas, Paul Lafond) when the drawing was not yet forty and therefore likely to have been in an original or near-original state. The third photograph was published in 2002 in the catalogue to Degas and the Dance, a sponsored travelling exhibition organised by the American Federation of Arts (- the “the prime movers”), the Detroit Institute of Arts, and the Philadelphia Museum of Art. The show was curated by the leading Degas specialists Richard Kendall and Jill Devonyar.

Fig. 13 vvvv

The sequence of states at Fig. 13 above resembles a succession of an etching’s proof states in reverse: the most complete condition is seen in the oldest record and the most debilitated state is recorded most recently. If we make the most direct comparison with the earliest and the most recent records of this drawing, as at Fig. 14 below, the differences become startling and heartbreaking. What happens to one artist happens to all in turn, as was most shamefully seen to Michelangelo at the Sistine Chapel – see Fig. 15 where an early Anderson photograph of a lunette is shown with its post-restoration state. By such simple comparative means we can see/demonstrate that Degas and Michelangelo have not been restored or conserved so much as subjected to a cultural pathology – an infantile revulsion at or terror of darkness and a failure to appreciate that darkness, as artists appreciate, confers brilliance and radiance. Without shadows to relieve lights there is no great vivacity – art’s life-affirming gift. Our historic cultural legacy is being made over into a blander, more homogenised arbitrary colourfulness. With so much value and vivacity already lost in the Dance Class’s first century, who, if offered the chance, would today vote for “More of the same, please” in the next? Restorers can never put the clock back. They can only offer more of the same: yet further intensifications of hue and losses of form and space-creating tones.

Fig. 14two degas exams
Fig. 15 crocetti lunette b and a

THE INCALCULABLY VALUABLE TESTIMONY OF PHOTOGRAPHS

Photographic reproductions do not have to be taken as absolutely faithful replications to have great value as record – why else would they be published and consulted in such great numbers? They are particularly eloquent as witnesses when seen in company with predecessors and successors, because the patterns that successive images make disclose the truth about present conditions. The net consequence of restorations during the last much-photographed century can be seen/shown to have been gravely damaging, effectively washing away art’s pictorial strength, disrupting the internal relationships of individual works, rendering oeuvres capriciously erratic and incoherent and, thereby, creating spaces, opportunities and, even, seeming precedents for misattributions and outright fabrications.

COLOURS V TONES

Although we do not have a colour photograph to match the black and white Durand Ruel photograph published in 1918, we can, by juxtapositions, estimate the degrees of loss today. At Fig. 16 below, the top comparison shows that the bump on the head of the woman in the upper right-hand corner was formerly a red feathery hat decoration. It now survives as a smear of colour that, tonally, is almost indistinguishable from the wall behind. We can see in the greyscale comparison at the bottom that the red decoration had originally been given a halo. On his own declared pictorial statagems, we might deduce that Degas had used the pocket of red to create a triad of local counterpointing primary colours: red feathers, ochre spots and an intense dark blue ribbon bow. Certainly, speculations aside, since that date the ineffably soft back of the standing dancer’s tutu has both hardened and become see-through. The feathered, layered back of the bending dancer’s tutu has, on some bizarre and alien tidy-minded logic, been reduced a ghostly but sharp-edged right angle. Degas is leaving us, involuntarily. He learnt and extracted much from photography. Is it too much to ask that all scholars use our very great resources of photography and historic photographic evidence to calibrate the injuries done to his oeuvre and therefore more fully appreciate and give due account of Degas’ great and supremely fresh and audacious genius?

Fig. 16 missing red

Certainly, the most urgent single reform needed in today’s crisis of connoisseurship lies in increasing the accessibility of photographic records of condition and treatments. In an age of electronically transmissible, high quality photographic images this would be easier to achieve and more instructive than ever before. There are no good reasons for institutions, owners and dealers continuing to sit on such material and thereby prevent people from seeing what’s what.

Michael Daley, 26 May 2017

Coming next: Degrading Degas and Michelangelo

ENDNOTES:

[1] We first used the term in connection with the so-called Stoclet Madonna, the Metropolitan Museum’s attributed Duccio, in “Toxic Attributions?” The Jackdaw March/April 2009.

[2] “In the end, after a five-year investigation and a mountain of evidence collected, no one, neither the two ‘conspirators’ nor I, was ever charged with a crime or indicted” – so wrote Ken Perenyi, in his 2012 memoir Caveat Emptor, p. 312.

[3] One scholar who has engaged on this territory with his pioneering book Condition:The Ageing of Art, Paul Taylor, incurred immediate wrath from some restorers who would claim monopoly rights on all discussions in the field, but a firm welcome elsewhere. Apollo noted that “There are unquestionably many art critics and even academic art historians for whom the material context of art, and particularly flat art, has become a rarefied field. That needs to change, if we are not to see total severance between those who work to preserve physical objects and those who claim to construe their meanings.”

[4] In a paper delivered at the ArtWatch UK/LSE/Centre for Art Law December 2015 conference (“Throwing the baby out with the bathwater”), Brian Allen, a former director of the Paul Mellon Centre for Studies in British Art (1992 to 2012) and Chairman of the Art Fund observed: “…increasingly, the only young connoisseurs emerging are to be found in the commercial art trade and this surely cannot be a desirable state of affairs. It might be argued that many of the best ‘eyes’ have always been in the art trade but, until recently, there was always a body of disinterested academic ‘experts’ to counterbalance commercial self-interest…” In the March 2017 Art Newspaper, Anna Somers Cocks, the paper’s Chairman and a former curator at the Victoria and Albert Museum, discloses that the V&A now considers the giving of opinions a drag on its curators’ time and devotes only three hours a month to it when, in the 1990s, it reserved two afternoons a week to telling the public what their heirlooms were. In the same issue of the Art Newspaper Mark Jones, a former director of the Victoria and Albert Museum, said that expertise, by which he meant “the ability to recognise and identify objects, surmise their history from their appearance, tell the genuine from the false and make judgements about quality” has become patchy, even rare, in museums. Mark Jones was the curator/organiser of the British Museum’s legendary 1990 exhibition “Fake? The Art of Deception”, the catalogue of which remains a seminal study in the field.

In response to Mark Jones the dealer Peter Nahum wrote in the April 2017 Art Newspaper (letter, “Dealers and curators should work together to spot fakes”):

“The art forger Shaun Greenhalgh and his father George visited my gallery in 1984. It was after 6pm and they offered me a painting they said was by Samuel John Peploe, for which I gave them a cheque. As soon as the banks opened at 9am the next morning I cancelled the cheque and called in the police. I was the first to report the family from Bolton for purveying a fake, 16 years before their arrest.

“When they were finally arrested, my cheque was still on their desk. I also advised Bolton Museum on the purchase of the painting by Thomas Moran and subsequently saved them from buying a fake watercolour purportedly by the same artist.

“I have long campaigned for the art and antiques trade and academics, especially those in museums, to work more closely together. Our job, as dealers, is to defend our clients against the legion of fakes and wrongly catalogued items on the market. As we are personally financially responsible for all transactions we make and advise on, we are the most vulnerable and, by necessity, the most careful. As a result we are often best placed to authenticate works.

“Academies and museums obviously have great experts on their staffs, but their prime focus is the history and provenance of objects and thus their visual skills often take a secondary position. When both professions work together, mistakes are lessened.

“I have made it my mission to track down and report those who make fake art, as they are the bane of our lives and can cost those who buy art a great deal of money. They are simply con-men extracting money from innocent people by deceit.

“As dealers, academics and collectors, we are all motivated to push the boundaries of our knowledge, and thus all of us are vulnerable to those who wish to take money under false pretences. We have to be constantly on our guard as each one of us will fall into one of the fakers’ traps sooner or later – we are all human after all.

Thus, I applaud Mark Jones’s article: scholarly research is flourishing but curators’ ability to judge an object’s quality is not (The Art Newspaper Review, March, p.13) with two main comments. The painting by Samuel John Peploe was not sold, and academics have rarely been the greatest visual judges – that is more our job than theirs. That does not mean that there are not great visual experts in academia – of course there are – it simply means it has never been their primary function.

Peter Nahum.

Peter and Renate Nahum Agency (the Leicester Galleries), London.”

[5] See “From Veronese to Turner, Celebrating Restoration-Wrecked Pictures” and “Taking Renoir, Sterling and Francine Clark to the Cleaners” and THE ELEPHANT IN KLIMT’S ROOM and, finally, “Now let’s murder Klimt”.

[6] The National Gallery includes one of its most dubious and controversial attributions – the Rubens Samson and Delilah – in its list of 30 “must-see” pictures. There are more than twenty secure and superior works by Rubens in the gallery including the magnificent Minerva protects Pax from Mars (‘Peace and War’). When controversy broke over the attribution in 1997 the gallery’s director, Neil MacGregor, placed a statement next to the painting to explain why it looked like no other Rubens in the collection. Two special issues of the ArtWatch UK Journal have been devoted to this picture’s problems. See: “The Samson and Delilah ink sketch – cutting Rubens to the quick” and “Art’s Toxic Assets”

The National Gallery’s highlights list also includes the restoration-wrecked Bacchus and Ariadne by Titian, on which, see: “The Battle of Borja: Cecilia Giménez, Restoration Monkeys, Paediatricians, Titian and Great Women Conservators

[7] “Oh Blessed Honthorst”, Michael Daley, ArtWatch UK Journal No. 21 Spring 2006 – a Rubens special issue dedicated to the National Gallery’s ascribed Rubens Samson and Delilah), p.4.

[8] As reported by Alexander Eliot, a former Time magazine art critic, in “A Conversation about Conservation”, The World and I (Volume: 15), June 2000.


Leonardo and the Growing Sleeper Crisis

Another day, another new Leonardo drawing – this time a St. Sebastian with a mismatched verso and recto, with as many legs as a millipede, and lashed in a gale-force wind to a tree set in a landscape of icebergs…

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Above, Fig. 1. A newly proposed Leonardo whose problems will be the subject of our next post. See Scott Reyburn’s “An Artistic Discovery Makes a Curator’s Heart Pound”, the New York Times, 11 December 2016.

The old masters world is bursting with Leonardo “discoveries” that flaunt their five-century no-histories. (See Problems with “La Bella Principessa”~ Parts I, II and III; and, “Fake or Fortune: Hypotheses, Claims and Immutable Facts”. “Problems with La Bella Principessa ~ Part I: The Look”.) At the same time there is a near meltdown over a spate of recent high quality exposed fake “sleepers” and “discoveries”. Sotheby’s has hired its own in-house technical analyst to spot inappropriate materials in new-to-the-scene old masters so as to “help make the art market a safer place” (“FBI expert to head up Sotheby’s new anti-forgery unit”, 6 December 2016, the Daily Telegraph). This is no bad thing and the appointment has been universally welcomed when, following the fake Frans Hals affair, it is reportedly feared that 25 forgeries sold for up to £200million are on the walls of unsuspecting owners, and when the new Sotheby’s appointee had himself single-handedly unmasked 40 supposed modern masterpieces sold for £47million at the now deservedly gone Knoedler Gallery, New York.

The real crisis, however, is the product of failures of judgements even more than failures to carry out due diligence checks on the material components of works. It remains the case that aside from works instantly disbarred by technical diagnosis, identifying authorship and establishing authenticity will necessarily and inescapably continue to be a matter of professional judgement. (We hold that here is systemic methodological flaw in appraisals that has yet to be addressed.) Meanwhile, dealers, critics, scholars and collectors embarrassed by suspected fakes are left agonising: should they concede error and take a hit on credibility but thereby limit damage, or should they stand firm and double the risks?

Even professional sleeper-hunters are falling out in acrimonious fashion over rival BBC television platforms – sorry, programmes – with one said to believe the other jealous of his good looks and success: “It’s a copy: Fake or Fortune? Stars try to halt rival show”, Richard Brooks, Sunday Times, 4 December 2016.

One auctioneer shouts you’ve ruined my sale at a musical scholar on Radio4. “Sotheby’s view is shared by the majority of world renowned Beethoven scholars who have inspected the manuscript personally”, the Sotheby’s man insists when characterising a scholar’s refusal to come in to view the manuscript as “irresponsible” (“Sotheby’s give Beethoven expert an earful after copied manuscript row scuppers sale”, The Times, 30 November 2016.)

The charge is a red herring, we say: if errors in the manuscript are visible in an auction house’s high quality photographs, coming in to touch the paper will not make them go away. If the auction house’s (anonymous) world authority musical experts think there are no errors, we add, they should come forward and say so. A Cambridge professor of musical theory did step forward to affirm his endorsement of the manuscript but he also admitted having been bothered by an anomaly (“Sotheby’s expert admits doubts over Beethoven script”, The Times, 3 December 2016.) To Sotheby’s likely mortification, it was revealed that arch-rival Christie’s had refused to sell the score last year, after being unable to confirm its authenticity – “Beethoven manuscript row remains unfinished”, the Daily Telegraph, 30 November 2016: “There was some good news for Sotheby’s however as the auction house succeeded in breaking a new auction world record for another musical manuscript…Gustav Mahler’s complete Second Symphony (the ‘Resurrection’), written in the composer’s own hand…went for £4,546,250.”

“Sotheby’s catalogue was an artful dodge, claims Russian billionaire” – the Times, which reported on 8 December: “Mr Ivanov said that honest mistakes were understandable. The problem is at Sotheby’s the fakes are listed as the top lots and are published”. With experts in as much disarray as auction houses and dealer/broadcasters, what perfect timing, then, for the appearance of a new, cool and calm legal anatomy of the sleeper phenomenon and its associated problems of authentication.

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Above, Fig. 2. In “The Sale of Misattributed Artworks at Antiques at Auction” by Anne Laure Bandle of the London School of Economics and a director of the Art Law Foundation (Geneva), we encounter a book greatly richer and more urgently required than what is simply “said on its tin”. This work, the product of a PhD at the LSE, deftly turns over the law with regard to art market workings as encountered and applied under three key (for the art market) systems of law, those of Swizterland, England and the United States. Under all three it is shown how the auctioneer’s primary duty is to the seller (the consignor) not the buyer. It follows therefore that failing to identify the proper status of a work of a work when conferring an attribution can/should carry penalties of compensation to the consignor. However, in response to this duty/financial danger, auctioneers insert massive disclaimers of liability into their contracts and attributions. These disclaimers are also widely appreciated in terms of warnings to buyers of a need to satisfy themselves of the validity, accuracy and reliability of any catalogue description before buying. Such self-protective clauses have consequences that can bite hard on those who apply them. For one thing, we would add, forgers have not been slow to notice them.

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Above, Fig. 3. The American Ken Perenyi, cheekily called his 2012 Forger’s Memoir Caveat Emptor – The Secret Life of an American Forger. With little interest in consignors’ rights – he being both the knowing maker and the eager consignor of forgeries – Perenyi, after first studying the terminology of attributions in London auction house catalogues (“Attributed to; Signed; Studio of; Circle of; Manner of…”) swiftly moved to “Conditions of Business”; “Limited Warranty”; and thence “Terms and Conditions”. He reported (pp. 228-247) that when in London he noted that:

“In what can only be described as a masterpiece of duplicity, the terms and conditions made it clear (that is, if one has a law degree) that they warranted and guaranteed absolutely nothing. However, farther down, a paragraph entitled ‘Guarantee’ made it plain for even the most thickheaded. It stated: ‘Subject to the obligations accepted by Christie’s under this condition. Neither the seller Christie’s, its employees, or agents is responsible for the correctness of any statement as to the authorship, origin, date, age, size medium, attribution, genuiness, or provenance of any lot.’”

On return to the United States he then examined New York auction house catalogues: “Again and again we saw the phrase neither Christie’s nor the consignor make any representations as to the authorship or authenticity of any lot offered in this catalogue. ‘Hell, they don’t guarantee anything [over] here either!’ I said.”

After reading a paragraph on forgeries stating that if within five years of a sale the buyer could establish “scientifically” that a purchased painting was a fake, the “Sole Remedy” would be a refund of monies paid [- But for a cautionary case-in-point today, see UPDATE , below] Perenyi concluded the following: “A) Virtually nothing sold here was guaranteed to be what it claimed to be, B) Neither the auction house nor the seller assumed any responsibility whatsoever, C) Even if a buyer discovered a painting to be an outright fake, all he could do was ask for a refund, I came to the conclusion that this was an engraved invitation to do business.”

His late partner, José, concluded “Well, maybe we could save people the trouble of going to London and sell them [Perenyi’s forgeries] right here!”

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In her new book, Dr Bandle carries the full terms and conditions of three auction houses (Christie’s, Koller Auctionen’s and Sotheby’s) as an appendix. She notes that notwithstanding disclaimers, such is the volume and reach of art sales that many art market players take auction house catalogues as reference points on the identification and evaluation of art and antiques and do so particularly with regard to attributions, confidence in which confers authority and engenders trust. In this regard the “sleeper”, as an under-identified and therefore under-valued work, is a special problem. A (conceptually subtle and fascinating) chapter is devoted to the sleeper’s elusive and problematic character. In fact, a delight of this book is its constant precision, economy and deftness of language in what is a perpetually shifting and re-forming arena where the market structures have both democratised and globalised the ownership of art but where buyers gathered from around the globe must compete in heated races to acquire multi-million valued art in spectacular shows of competitive bidding that are over in minutes. In a recent double television celebration of Christies-in-the-World, the term “buyer’s remorse” was heard in counterbalance to auctioneers’ seductively whispered advice to “think how terrible you will feel tomorrow if you don’t get this”.

A “sleeper” is first identified as being not a legal term but a figurative illustration of a legal problem. It is one that fleshes the notion that an artwork can remain a “dormant treasure” until it is properly identified. If not so identified, it stands dangerously (to auctioneers, and expensively to consignors) as a work that has been “undervalued and mislabelled due to an expert’s oversight and consequently undersold”. Sleepers are products of three types of error and each receives its own section. The extent to which restorations aiming and claiming to recover original conditions may alter objects and mislead authenticators is examined.

(But for our specialised concerns, recognition of the inherently problematic nature of restoration’s role in the identification and subsequent elevation of authenticity is a rare instance of under-examination in this book. Stripping off later materials does not in itself recover original states. It may disclose little more than badly damaged remains of an earlier, more “authentic” state. How much repainting, or “retouching” as it is euphemised, should be considered permissible before a worked-over sleeper approaches a forged recovery of authenticity? – See “A restorer’s aim – The fine line between retouching and forgery”.
It should be said that sensitivity in this arena is not an art market-confined problem: the Frick Museum does not publish the photograph below – Fig. 6 – of a stripped-down, not-yet repainted Vermeer that the Getty Institute holds and makes freely available – and many museums, in our experience, sit on photographs of their own restoration-wrecked paintings.)

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Dr Bandle’s section on the relationship between sleepers and fakes or forgeries, between the unrecognised and the counterfeit, is adroitly introduced: “sleepers are the negative reflection of counterfeits: both are held as something that they are not.” Fine distinctions are drawn between a fake and a forgery. Both are characterised “negative concepts, referring, as they do, not to qualities but to their absences.” Before considering the legal status of sleepers, a fascinating examination is made of the tools and methods of attribution. So examined, too, are the hoped-for instruments of probity, the best-practice and ethical codes for authentication and dealing. Like auction house terms and conditions, ethical codes are shown carry their own disclaimers: “Similarly, the Swiss Association of Dealers in Antiques and Art contains a disclaimer of the attribution and appraisal’s accuracy.” (One hears a Perenyi expletive of delight here.) As for auction houses, while they “issue attributions in sale catalogues, they are not considered to be formal authentication reports”, whatever weight they might carry in the market and for buyers.

The section on the “Essence of Attribution” might be considered essential reading for all art market players and commentators, not least because the art market “greatly relies on scholarship”, and such expert appraisal is uniquely challenged “by the peculiarities of the art world” – one of which is that however long debates rage, scholars themselves “may very well never achieve a consensus”, in which case, the circularity is complete: “scholarship cannot halt during the art object’s identification process by establishing an attribution, not even temporarily”. Like painting the Forth Bridge, attributing an art object can be “an ongoing undertaking that never settles”. Existing attributions are constantly subject to challenge or revision.

The law itself can seem helpless or exasperated in the face of art world processes. Elusive notions of authenticity tax judges as well as scholars. With regard to establishing the merit or applicability of warranties of authenticity or the diligence of experts, even the admission of testimony is problematic within both Swiss civil law and the English and United States traditions of common law. Swiss courts can commission reports and instruct experts to answer set questions. Under common law conflicting parties support their rival positions by calling rival and conflicting experts. Courts may confine these adversarial jousts to “that which is reasonably required”. Under US Federal rules courts may exclude what they consider “unreliable expert testimony” and even when testimony is based on scientific principles it may be held acceptable only when these principles have “gained general acceptance”.

Under Swiss, English and United States jurisdictions alike, contractual relationships governing art auction sales are not clearly defined by law and are subject to scholarly debate (which, as mentioned, is a never-ending process). Further complications arise from the dual and conflicted position of the auctioneer. Does he really serve the buyer’s or the seller’s interest – or, somehow, both? In practice, we might think, he should/must aim to serve both since different people must always be persuaded any moment that it is a “good time” to sell and a “good time” to buy. Failures to recognise “sleepers” are the mirror image of failures to recognise fakes or forgeries: the one injures consignors’ interests, the other those of the buyer. But how to stay out of trouble as an auctioneer when case law results in unclear and unreliable notions of liability – and while there is a requirement to perform diligently but not one to produce to specific results?

By increments the law emerges as unfit for its presently allotted purpose in resolving sleeper disputes. Auctioneers are judged by standards predicated on what is little more than a fiction. Standards of performance must be interpreted on a case-by-case basis but these provide no benchmark in cases of sleepers sold at auctions. Aside from these problems, judges generally lack connoisseurship in art and art auction sales and may have difficulty in assessing authenticity and in reconstructing the attribution process – and while this is understandable because art connoisseurship and art market mechanisms are both highly sensitive and influential forces, judges, no matter how well educated and competent in other areas of the law, will struggle to redress a present structural imbalance between the interests of (favoured) buyers and (disfavoured) consignors.

Can applications of the law be made to work in this arena? Are alternatives to the law presently or potentially available? For answers to these questions it is necessary to read the concluding section of a timely book that will commend itself to Art’s players and watchers alike.

The Sale of Misattributed Artworks and Antiques at Auction, Anne Laure Bandle. ISBN: 978 1 78643 100 4 Price £100 or Web: £90

Michael Daley, 15 December 2016

UPDATE 17 December 2016

In the 17/18 December Financial Times “The Art Market”, Melanie Gerlis writes:

Art is notoriously a ‘buyer beware’ market, but even prolific professionals can get caught out. Micky Tiroche, a private dealer in London and co-founder of the Tiroche auction house in Israel, bought ‘Sun and Stars’, a gouache attributed to Alexander Calder, for £28,000 (with fees) at Bonhams, London in 2007. The purchase was made through his dealing company, Thomas Holdings, which has about 160 works on paper by Calder.

“In 2013, the gouache was submitted, along with other works, to the Calder Foundation in New York, which doesn’t officially authenticate the artist’s works but gives them an inventory number (known as an ‘A-number’ because the digits are prefixed with the letter A). ‘Sun and Stars’ was not given an A-number, making it effectively unsellable.

“Christie’s, Sotheby’s and now Bonhams will not sell Calder works that do not have an A-number.

“Tiroche, who buys frequently at Bonhams as well as elsewhere, says that he asked the auction house for a refund and was refused. He has suggested alternative, less visible ways of refunding (such as deducting its value from other works) and legal letters have been exchanged, but to no avail.

“A spokesman for Bonhams said: ‘It is [the auction house’s policy] not to discuss individual cases, beyond saying that we are in communication with Mr Tiroche’s company about the situation.”


Good Science; Over-Reaching Science; Over-Promoted Science.

24 February 2014

On February 10th the Daily Telegraph published a letter from a professor of chemistry at University College London (Robin J. H. Clark) questioning the relationship between art and science in general terms and with regard to a supposed Chagall painting featured on a recent BBC Fake or Fortune television programme. Prof. Clark expressed particular concern over art world failures to heed the testimony of available scientific techniques.

In the late 1980s the UCL chemistry department had developed a non-invasive technique (“Raman microscopy”) for identifying both natural and synthetic pigments within paintings. Because the latter have known dates of invention, their presence in a picture can establish the earliest date at which it could have been produced. This technique is said by Prof. Clark to have been known to Sotheby’s by 1992. The Chagall painting, he pointed out, could have been exposed as a fake at any point in the last 20 years. He further reported that the painting was exposed as a forgery in his UCL laboratory in July last year in the presence of its owners and the presenters of Fake or Fortune:

“I am disappointed that neither of the presenters of Fake or Fortune made this clear. The conclusion that the painting is a forgery is based on our spectroscopic results, which showed that at least two of the key pigments had not been synthesized until the late Thirties, putting the earliest date for the painting at 1938, long after the supposed date of 1909-10.”

Because of the unequivocal nature of those technical findings, Prof. Clark (rightly) observed that the Chagall Committee in Paris, to which the painting was sent, had no option but to confirm the forgery. He also asked how art historians might be encouraged to read science journals so as be informed about “significant developments in science as applied to arts”. In part, his question is fair and urgent. The art market’s notorious governing trade dictum is caveat emptor (buyer beware) – while auctioneers and dealers may take every pain to verify their claims, it is ultimately for buyers to satisfy themselves that attributions and conditions are as described. Auctioneers can only submit works to (possibly disqualifying) technical analysis with owners’ permission. Dealers who buy at auctions almost invariably have works restored but are not required, when selling works on, to disclose which if any tests may have been run.

Support on the extent to which scientific (and also historical and visual) evidence is ignored or manipulated in the interests of “boosting financial rewards in attributing paintings to particular masters” was given in an Observer interview on February 23rd (“Revelealed: the art experts who pass fakes as authentic”) by Professor Martin Kemp, a Leonardo specialist. In the same report by Dalya Alberge, Nicholas Eastaugh, a leading independent scientist (of Art Access and Research), described the present climate as being both without standards and “totally unregulated. It’s a Wild West.”

However, much as we sympathised with Prof. Clark’s impatience with some art world practices, we could not endorse his call for a blanket acceptance of all scientific methods presently being applied to works of art. As we put it in a letter to the Daily Telegraph (published 12 February):

“Professor Robin Clark (letters February 10) calls for developments in science to be applied to art. If sound science is underused by the art trade, more questionable ‘scientific studies’ have been used for many years to offer assurances that picture-cleaners’ solvents have been a safe method of stripping varnishes and repaint from old pictures. As the current issue of the journal of the International Institute for Conservation of Historic and Artistic Works makes clear, the understanding in the art and museum world since the Sixties of how solvents work has been seriously flawed scientifically. Because important intermolecular interactions have been ignored, the theoretical model used cannot predict, as assumed, the actions of solvents on the underlying paints.”

History teaches that the many cumulative “scientific” defences of restorations have best been treated with scepticism. In 1977 Kenneth Clark admitted founding the National Gallery’s conservation science department precisely to bamboozle critics and dupe the public. In later years the Gallery pioneered a new mongrel discipline known as Technical Art History in which curators, conservators and conservation scientists pool expertises so as to arrive at some seemingly “scientifically underpinned” consensus on aesthetic decisions. In reality curators were glossing authority already-ceded to restorers. As the National Gallery restorer Helmut Ruhemann wrote in 1968: “Although the art historians in charge of pictures are officially responsible for the policies regarding cleaning, they naturally form their ideas in the first place from what they are told by their restorers.”

In its guides to conservation the National Gallery presently claims that while its restorations are carried out for aesthetic rather than conservation purposes, and while each restorer imposes a personal aesthetic taste on pictures, it considers all aesthetically various outcomes to be equally valid so long as they have been carried out “safely”. The contention that the (claimed) safety of cleaning methods can underwrite conflicting aesthetic outcomes is a non sequitur. Besides which, no claims have proved more unreliable than those of cleaning solvents’ safety.

The crucial and sometimes wilfully over-looked cultural truth is that there are no properly scientific means of comprehending art’s variously created aesthetic values and relationships. When reiterating this point in our post of 7 February 2014 (“From the Horse’s Mouth ~ Seventy years of worthless ‘science’ and reassurances on the safety of picture cleaning solvents”) we were able to disclose the most recent and most damning evidence of the un-soundness of past scientific endorsements of picture-cleaning solvents.

Notwithstanding these spectacular technical reverses, this month the press has been chocked with uncritical “Good News” accounts of scientific advances in the arts. Most newspapers and the BBC carried claims that scientists had “digitally reconstructed” the original appearance of a Renoir painting in which a former pink background had faded. By coincidence, this claimed miraculous virtual recovery had also been made by “a technique known as Surface-Enhanced Raman Spectroscopy (SERS)” carried out at the Art Institute of Chicago.

The BBC reported that “Northwestern University chemist Prof Richard Van Duyne pioneered SERS. He said the Renoir demonstrated why the Raman technique was fast becoming an invaluable tool for studying artworks: ‘You get tremendous information about the origins of the painting, the techniques of the artist, an understanding of the fading mechanism, and the ability to restore the painting.’” Note that speculative hypotheses are now being presented as sound platforms for restorations. In the art world it is frequently the dogs that don’t bark that matter most. Note that this wonder technique which addresses changes resulting from natural causes would seem to have no powers or potential with regard to the more common and much more seriously deleterious man-made changes made by restorers. Given that both types of injury are easily evident by eye to anyone lifing a picture out of its frame (see Figs. 2 and 3), the silence of “science” on the latter injuries can only seem self-compromising .

In a letter to the Times (February 17) we protested:

“The claim that scientists have recreated the original appearance of a Renoir painting (‘Laser technique shows masterpiece as Renoir intended’, Feb 14) is unfounded. All elements of a picture undergo natural changes over time. To these, further unnatural changes are added by restorers and their invasive paint-penetrating solvents. Compensating for a single faded pigment does not constitute a recovery of a picture’s original appearance. Rather, it offers a further falsification: a single artificially simulated ingredient within a remaining, generally altered and debilitated surviving whole.”

Our letter was accompanied by one from a Professor of Allergy and Clinical Immunology at Imperial College London, making a far-fetched claim that the fact that a synthetic red dye used in paintings had also helped in the discovery of an important white blood cell constituted an unusual “bridging [of] fine art and science”.

While Raman microscopy could certainly disprove the claimed date of the fake Chagall, it seriously misleads the public to present speculative and hypothetical digitally manipulated reconstructions as if literal recoveries of original conditions. On February 22nd the Economist reported an account of another digital re-mastering of real paintings delivered at this year’s meeting of the American Association for the Advancement of Science. The Economist too saw a bridging of the divide between art and science, which it likens to a resolution of the science/art schism of which the chemist and novelist C. P. Snow complained in his famous 1959 lecture “The Two Cultures”. The report also reveals, however, that what was presented as a recovery of the murals’ original conditions was in fact a double hypothetical reconstruction. Not only had Rothko’s colours faded, so too had those of the contemporary photographs of his murals that were to serve as the basis for a digital re-mastering of the actual paintings. Despite the methodologically dubious procedure of digitally re-mastering actual paintings on the back of digitally re-mastered photographs, there was customary breathless admiration for this latest claimed technical miracle:

“In the case of the Holyoke Centre’s Rothkos […e]ach had faded differently, depending on its original colours and how much sunlight it had seen. And various parts of individual paintings had faded at different rates, too. But modern technology allows optical illusions to be finely crafted indeed. The paintings are continuously observed by a high-resolution camera. Its images are compared, pixel by pixel, with the idealised versions provided by the restored photographs. A computer then works out, moment by moment, what mixture of light to shine back to make the faded originals match the vibrant reconstructions—with no messy repainting necessary. For now, the paintings remain under wraps while the museum at which they are stored is renovated. One day soon, though, they will be on display in all their illusory glory.”

There was no discussion of the consequences of viewers’ bodies blocking the projected “correcting” coloured lights. What we are witnessing in this heavily promoted technical bonanza is not a genuinely increased understanding of art by courtesy of scientific advances. If the attempt to increase public understanding of the degree to which even quite modern paintings have suffered alterations since their executions was a real ambition of museum staffs and conservation scientists, it would be imperative for them to discuss (and demonstrate) the largest single source of alterations and adulterations: “restoration” treatments. In the absence of such an agenda, what we see unfolding is a cultually diversionary Big Push by certain professional groups into new and uncontroversial employment pastures where the potential pickings and funding opportunities are immense – there is scarcely an old picture in existence where some pigments have not faded. This virtual remastering show is one that could run and run. But who might fund and who might execute research into all those paintings that suffered far more grievously from the chemical coshes of restorers?

The real problem in the arts is not an insufficiency of technical or scientific assistance. It is deeper and more fundamental. Its root lies within institutional withdrawals from exercising properly critical considerations. The non-appliance of due critical practices is long-standing. There were uncritical responses in the late 1990s when (as we reported in our first post) the National Gallery used a computer-manipulated photograph of an actual skull as the basis for a hypothetical virtual reconstruction of missing parts in Holbein’s “The Ambassadors” which led to the redrawing of Holbein’s skull in defiance (or ignorance) of the perspectival systems of the artist’s times. More recently, the Tate repainted large lost parts of a flood-damaged work on the basis of early colour photographs in the course of a “restoration”. In our uncritical, increasingly “virtual” cultural universe it is more urgent than ever that museum curators should return to acting primarily on sound scholarly appraisals and aesthetically informed insights, and that they should not further devolve their responsibilities to technicians who may or may not be properly alert to matters aesthetic and artistic.

Michael Daley

Comments may be left at: artwatch.uk@gmail.com

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Fig. 1: Above, top, Marc Chagall’s “Reclining Nude 1911” which is said to have been the source for the fake Chagall, “Nude 1909-1910” (above), as reproduced together in the Sunday Telegraph (2 February 2014).
An entire programme in the BBC’s Fake or Fortune series was spent examining the technical composition and the provenance of the fake version (which, incredibly, was dispatched to the Chagall Committee in Paris which not only declared the work a dud but threatens to have it destroyed) when a single glance at the two works should have been sufficient to establish that both cannot be by the same artist. Where that of 1911 displays a boldly deconstructing and reconstructing treatment of forms and spaces that is expansive and pictorially dynamic (as well as being massively indebted to Picasso’s then recent and revolutionary cubist works), the other is manifestly derivative and feebly handled, leaving the picture’s subject looking not so much set in a specially re-ordered non-Euclidian space, as pasted onto a monotonously and repetitively drawn and coloured theatrical back-cloth.
Above, Fig. 2: a detail of a Turner water-colour in the British Museum which had been protected from light damage at the left edge by the frame. (See plate 5 in the “Museum Environment”, 1986, Butterworth-Heinemann.)
Above, Fig. 3: a detail of Frans Hals’ “Banquet of the Officers the St. George militia company”, showing a strip of original green glazing that had been protected from restorers solvents by the frame.
Above, Fig. 4: the much reproduced Renoir, “Madame Léon Clapisson” (here as on the BBC) showing the painting in its present condition at the Chicago Art Institute on the left, and in an attempted digital reconstruction of its original (1883) condition on the right.
Above, Figs. 5, 6 and 7: details, top and centre, of “Madame Léon Clapisson” as found today, showing along the picture’s top edge a surving strip of an originally pink background achieved with a glaze of carmine lake, or cochineal, pigment. Scientists have used the investigative method known as “Surface-Enhanced Raman Spectroscopy (SERS)” in an attempt (above, at Fig. 7) to recreate the picture’s original appearance.
There has been no mention in any reports on this attempted reconstitution of some consideration having been given to changes in the painting that had occurred not as a result of exposure to light but as a result of exposure to restorers’ solvents, swabs and scalpels.
The painting itself and the virtual reconstruction is presently on exhibition at the Chicago Art Institute. The exhibition was supported by research funding provided by the Getty Foundation, the Grainger Foundation, the David and Mary Winton Green Research Fund, the Samuel H. Kress Foundation, and the Andrew W. Mellon Foundation. It is said that with “this new knowledge and new technologies such as nanotechnology, laser light, and advanced image processing software, the conservation department has been able to reconstruct the work’s original colors in a full-scale digital reproduction.”
A PIONEERING DIGITAL ATTEMPT TO RECOVER A PICTURE’S ORIGINAL CONDITION AT THE NATIONAL GALLERY (LONDON)
Above, Fig. 8: The National Gallery’s “The Conversion of the Magdalen” attributed to Pedro Campaña.
Above, Fig. 9: The near contemporary copy of the National Gallery’s “The Conversion of the Magdalen” that was made by Luca Longhi and is presently in the Villa Borghese Collection, Rome.
The National Gallery claims credit for pioneering the new collective discipline known as Technical Art History. A key weapon in its long, proselytizing campaign has been the publication since 1977 of an annual report dedicated to conservation activities – its Technical Bulletin. The issue of 2001 (Vol 22) carried an article “Colour change in The Conversion of the Magdalen attributed to Pedro Campaña” that was jointly authored by Marika Spring, Nicholas Penny, Raymond White and Martin Wyld. Spring and White were members the science department, Penny was a curator, and Wyld was the head of conservation. It was thus a textbook collaborative effort made under the rules of Technical Art History.
The combined expertises were brought to bear on a striking problem with the painting’s physical and optical conditions: there had been severe deteriorations in the colours of many of the draperies, not least in those of Christ. Many draperies were now brown or yellow-brown, where once they had been blue, green or red.
Microscopic samples were taken from some of the figures and analysed in an attempt to identify their pigments and to “investigate whether there was any peculiarity in the technique and the materials that could have caused such serious degradation.” Highly detailed examinations established that the blue pigment – smalt – had deteriorated; that a red lake pigment (likely containing dyestuff from the cochineal insect) had faded; and that green glazes containing copper had turned brown. None of these changes were remarkable in themselves, except, perhaps, in their extent.
What was remarkable was that an attempt was made to reconstruct the “altered colours by digital imaging”. It was explained that the changes which had destroyed the picture’s balance of colours had to be accepted as irreversible. Nonetheless, the attempt was made to gain some impression of the original appearance by manipulating a digital image of the painting – specifically, “by applying image-processing techniques”. Clearly, in such an exercise, the nature and type of image-processing software used would be of crucial methodological significance – how and in what manner was the base digital reproduction of the picture to be manipulated?
Explanation seemed to be to hand in a footnote [27]. Alas, it read flatly as follows: “The technical details of the process of reconstruction of the colours by image processing on the digital image will be described elsewhere.” No less disturbing than having to take the means and manner of the manipulations on trust, the account that followed of the factors of consideration suggested a Technical Art Historical methodology more Heath Robinson Contraption than Hi-Tech Sophistication.
Because the original colours no longer exist on the painting, some simulacrum of each had to be produced to feed into the image-manipulating software. Thus, “colourimetric measurements on painted-out samples matching the pigment mixtures and the layer structures were used as a reference.” Clearly, achieving a reliable point of colour reference was vital to the integrity of the exercise. But how reliable were the painted-out samples? Not very, it seemed on the authors’ own account:
“For the smalt and red lake pigments this posed some problems. Smalt manufactured to a nineteenth-century recipe is available today, but contains a higher percentage of cobalt than than smalt in sixteenth-century paintings and none of the impurities that are commonly found in the glass.” Notwithstanding these departures from the original materials used on the painting, this smalt was used for the base references. Because the modern smalt is much stronger in colour than that of the sixteenth-century, an attempt was made to correct (lessen) its force by adulterating it with “finely ground alumina” in attempt to “to try to simulate the colour of the sixteenth century smalt”. Confidence in this adjustment was not high because “this is a difficult judgement to make, since in paintings of the period smalt has always degraded.” Had the painting been a seventeenth-century work the exercise would have been easier because by then the smalt was commonly mixed with lead white pigment, which afforded some protection. Even though this work was not of the seventeenth-century, samples from that period were used a guide reference in the digital manipulations.
Establishing a reference point for the original lake pigments was no less problematic: “Comparison with the deep shadows on Christ’s red robe, which retain their red colour, made it clear that the hue of the test plate was more purple than the red lake in the painting…” And what of the outcome of this, at best, approximate method?
Above, left, Fig. 10a: the computer-manipulated attempt to recover the original colours of Christ’s draperies.
Above, right, Fig. 10b: a detail of the Borghese Villa copy shown above at Fig. 9.
It probably goes without saying that the figure of Christ seen at Fig. 10a seems a most implausible reconstruction. It is claimed by the authors, however, that: “The deeply saturated colours which replace the deteriorated brown, although rather flat because of the loss of the modelling which cannot be reconstructed, balance well with the well-preserved draperies painted with vermilion and ultramarine.” Given that, on the authors’ own admission, the simulated blues and reds are significantly different and more intense pigments, how credible can this claimed correspondence of colours seem?
The article concludes on an assertive note of self-satisfaction: “The detailed technical examination of the ‘Conversion of the Magdalen’, and the process of reconstruction of the colours in the digital image, has produced some deeper insight into how the deterioration of pigments has affected the colours in the painting.”
This was followed by a claim that is quite remarkably at odds with the visual evidence presented (see Figs. 10a and 10b): “Although the strong and deep colours of the reconstruction initially seemed rather startling, they receive strong support from comparison with the Borghese version of the painting [shown here at Figs. 9 and 10b] – which is especially gratifying since the reconstruction was made before the transparency of the Borghese version was available to us.” Given that the Borghese version is on all accounts markedly better preserved that the London picture, what might explain the former’s richer, warmer red drapery and darker, more sombre blue drapery?
Although the authors express themselves as being satisfied with the accuracy of the reconstructed colours, they do concede other problems: “The reconstruction is not, of course, an accurate portrayal of the original appearance of the painting – the lost modelling in some of the draperies cannot be recreated…”
Thus, we see that this exercise has been directed at a single component part of the painting – its self-contained areas of local colours – and that, in the execution, that part has been wrenched from any relationship with the picture’s tones, shading and modelling. This severance is painfully evident in the comparison at Figs. 10a and 10b. It would beggar belief that the National Gallery’s experts could see any sort of vindication for their efforts in the Borghese version were it not for that institution’s by now too-deeply ingrained to be recognised tradition of pursuing autonomously bright colours during restorations at the expense of form and pictorial coherence. Not only are the colours of the Borghese drapery more sombre and chromatically integrated – and jointly more skilfully integrated with the plastic values – but we see also in the National Gallery picture a characteristic debilitating weakness of modelling in the too-brightly scrubbed surfaces of the flesh areas. (It is depressing beyond belief that our national pictorial vice should recently have crossed the English Channel and now be menacing Leonardos at the Louvre.)
It might be contended that we are not comparing like with like. As the authors point out, the one work is a not an altogether strict copy of the other. Moreover, the Borghese version is acknowledged to be in superior condition: “the better condition of areas painted in red lake in the Borghese painting is strong evidence that it has not been subjected to such harsh environmental conditions as the National Gallery painting…The Borghese picture has spent almost all its life in two collections in the same city, whereas, the National Gallery’s picture has belonged to at least half a dozen collections and has passed on at least three occasions through the art trade, but too little is known about the conservation history of these paintings, and the conditions in which they have been kept, to explain the difference in preservation.” The euphemistic use of the term “environmental” in lieu of “restorational” and the sly allusion to possible bad restoration experiences at the hands of the “art trade” cannot gainsay the fact that there is abundant evidence of works held at and restored within the National Gallery suffering catastrophic losses in the course of a single in-house restoration – as the before restoration (left) and after restoration (right) comparative details of Rubens’ portrait of Susannah Lunden (shown below at Figs. 11a and 11b) testify.
Click on the images above for larger versions. NOTE: zooming requires the Adobe Flash Plug-in.


A Poor Day of Remembrance for Burrell

11 November 2013

In June ArtWatch UK was invited (as “campaigners for the protection of works of art”) to give evidence at a hearing at the Scottish Parliament on a private bill to overturn the prohibition on foreign loans from the Burrell Collection in Glasgow. The experience was both heartening and depressing.

The transparency of the Scottish Parliament’s procedures could not be faulted and we have rarely enjoyed such courtesy and assistance in making our case, or of proceeding with such comprehensive documentation to hand. Our written submissions to the committee and a number of items of additional information were readily accepted into consideration (as were those of colleagues in Donor Watch and Barnes Watch) and made available online. The witness hearings have been televised and their transcripts published online. The testimonies given at the hearing of 9 September are discussed below by Selby Whittingham of Donor Watch. Those given on 19 September are discussed opposite. (The filmed record of the latter can be seen on YouTube.) The record of what was said by whom of which interest group is there for all to see.

We were impressed, too, by the vigour and vigilance of the Scottish press. The Sunday Times (Scotland) journalist, Mark Macaskill, for example, had done what the Scottish Parliament, the Glasgow Council’s many tiers of cultural agencies, and – shamefully – the Burrell trustees themselves, had all failed to do – locate and heed (6 November 2013) the views of one of Sir William Burrell’s descendants: “Mona Dickinson, who lives in Evedon, Lincolnshire, said neither she, nor the wider family, had been consulted by the council or the trustees of the Burrell Collection. ‘I rather suspect they have tried to smuggle this through’, she said yesterday.” This intervention would not have been lost on the Art Fund’s director of development, Amy Ross, who argued in October’s Museums Journal that where no family members survive who might agree to renegotiate a bequest’s terms, existing arrangements should stand, for fear of clear breaches of trust dissuading others from making future bequests. Ms Dickinson’s opposition to the proposed overturning of Burrell’s terms of her ancestor’s bequest could not have been firmer or clearer: “Glasgow Council obviously thinks it can get the bill ratified this time. I’m sure it thinks sending some of the collection overseas will make money and attract publicity. But this debate was thoroughly rehearsed in 1997. Experts warned then, as now, that every time you wrap and unwrap a tapestry, some sort of damage can occur. It is inevitable.”

The hearing in which we gave evidence took place on 19 September under the committee set up to scrutinise the BURRELL COLLECTION (LENDING AND BORROWING) (SCOTLAND) BILL. We had assumed that consideration was being given to a proposal to over-ride the terms of Sir William Burrell’s bequest but learned, rather, that concrete arrangements were already underway to lend the collection’s works to a succession of venues within Britain and abroad even though this operation (known as “The Tour”) expressly ran against Burrell’s clear wishes and instructions, as set out in both his will and an agreement with the City of Glasgow. It began to seem as if the Scottish Parliament (which the comedian Billy Connolly dubbed a “Wee pretendy parliament”) was in danger of being bounced by an invitation from a big city council not to thwart a linked series of major and mutually dependent projects already set in train and fronted by a co-opted assembly of influential art world players in a new organisation – “Burrell Renaissance” – created to drive the not-authorised plans along.

It had not been reassuring that on the day of the 9 September hearing, the Convener of the scrutinising committee, Joan McAlpine, (SNP), a journalist on The Daily Record, had told The Scotsman that plans were already in motion through Glasgow Life (which she sees as “the arms-length organisation which manages the Burrell”) to send part of the Burrell Collection to the Metropolitan Museum, New York, and that these provided “an opportunity to enhance the reputation of the collection, the city and Scotland”. Nonetheless, she assured the newspaper, her committee had an “open mind”. It certainly appeared that, under the committee members’ interrogations, the case for the (prospective) enterprise had repeatedly fallen apart. The public discomfitting of the enigmatic Glaswegian director of the British Museum, Neil MacGregor, drew from him both an insistence on an earlier “neutrality” that had escaped some commentators and an impassioned espousal of the present attempt – to which he is party as a co-opted adviser – to overturn Burrell’s terms.

It became apparent during the hearings of 9 September, for example, that the sums being sought (£15m here, £15m there) had the precision of little more than a bureaucrat’s back-of-an-envelope wish list. It had further emerged that in little over a decade there had been a tenfold increase in the claimed cost of remedying the Burrell Collection’s leaky building. The fact that rectifying the Council’s long-standing neglect of the building (the roof of which had leaked from virtually its first days) was said to require such huge and rounded sums – as well as the closure of the collection for no less than four years – was itself presented as a justification for breaching Burrell’s terms and sending his works abroad as revenue-raisers and civic/national flag-wavers. In 2001 the estimated bill for repairing the roof was put at £1.75 million. With further sums allotted to upgrade the museum’s plant, retail and display and exhibition areas, the total was said to be “likely in the region of £4 to £5 million.” Today, the latter is put at between £40 and £45 million. No explanation was given for this staggering inflation.

Because of the clarity and force of Burrell’s explicit wishes and terms of bequest, it had been conceded that no possibility exists of their being overturned or “re-interpreted” in the courts: “As there is no legal remedy which would allow all the restrictions on lending and borrowing to be relaxed, Glasgow City Council must pursue a private bill in order to achieve this end”. If successful, the Council and its cultural satellites would not only breach Burrell’s prohibition on foreign loans but also those against loans within Britain of entire categories of vulnerable works, thereby creating not just a precedent for further general subversions of benefactors’ wishes and terms, but also a potentially lethal one for benefactors’ attempts to protect their art from being subjected to needless risks.

The extent to which, as previously described, all of the arts and sport have been brought under firm political control in Glasgow is remarkable and might be thought unfortunate. The two spheres are administered by an entity known as “Glasgow Life”, which is both a charity and a company with the formal title “Culture and Sport Glasgow”. The directors and trustees of Glasgow Life are appointed by the Council – and its chair is the deputy leader of Glasgow City Council, Councillor Archie Graham. Glasgow City Council manages all of the City’s museums and galleries through this body. In the case of the Burrell Collection, Burrell Renaissance has been created with a chairman who is also a member of Glasgow Life’s own, Council-appointed board of directors. At the bottom of this interlocking edifice is to be found the seemingly ineffectual Trustees of the bequeathed collection (- playing a “long-stop” role, in the chairman’s words). As for the Collection’s curators, when we attempted (through Glasgow Life) to meet them at the museum on September 18th we were met instead by three Glasgow Life officers.

Now we know better: the Committee is today recommending that Burrell’s prohibition be over-turned and that Glasgow Council’s wishes be met in full. The locked-in cash value of a fabulous artistic inheritance gifted to the people of Glasgow may now be harvested internationally by an administration that has brought the collection’s home to a shameful level of dereliction as it indulged itself elsewhere with expensive “Grand Projects”. Yet another tranche of hitherto well-preserved works will be consigned to the unvirtuous conservation cycle as works get “conserved” so as to be made “fit-to-travel” and then “re-conserved” to put them right on their return from their ordeals – if they return, that is, and are not filched en route (see right). The Committee has placed its faith in assurances given by the over-turners. We cannot share it.

THE BURRELL COMMITTEE HEARING OF 9 SEPTEMBER 2013

The Committee: Joan McAlpine (SNP) (Convener); Jackson Carlaw (Con); Mark Griffon (Lab); and, Gordon MacDonald (SNP). The Witnesses: Alan Eccles LLP; Cllr Archie Graham (Glasgow City Council Deputy Leader and Glasgow Life Chairperson); Sir Angus Grossart (Glasgow Life, Independent Director); Dr Bridget McConnell (Glasgow Life, Chief Executive); Hon. Christopher McLaren (Samuel Courtauld Trust, Chairman); Ben Thompson (National Galleries of Scotland, Chairman of Trustees); Jeremy Warren (Wallace Collection, Collections and Academic Director).

THE BURRELL COMMITTEE HEARING OF 19 SEPTEMBER 2013

The Committee: Joan McAlpine (SNP) (Convener); Jackson Carlaw (Con); Mark Griffon (Lab); and, Gordon MacDonald (SNP) (not present). The Witnesses:Michael Daley (ArtWatch UK); Prof. Hope Gretton (University of Edinburgh); Sir Peter Hutchison (Charirman, Burrell Trustees); Frances Lennard (Centre for Textile Conservation and technical Art History); Robert Taylor (Bannatyne Kirkwood France & Co); Peter Wilkinson (Constantine).

Secrecy, Transparency and Equivocations

Dr Whittingham discusses the September 9th hearing:

Ben Thomson for the National Galleries of Scotland on the subject of wills typifies those who want to have their cake and eat it. They profess fidelity to them to encourage future donors, but in practice think that they need not (sometimes/always) be followed. This contradiction is squared by arguing that the donor, if alive, would (mirabile dictu!) be someone of entirely the same opinions as the curator and would not only agree to the changes, but heartily advocate them! (So here Sir Angus Grossart on Burrell, 19; Hon. Christopher McLaren on Lord Lee of Fareham, 60-1).

Thomson’s equivocations are hard to understand, as he says that the NG of S adheres to conditions which they think are either absurd (their former Director, Sir Tim Clifford, derisively listed some in a radio programme in which I took part) or outdated – the latter in the case of the Vaughan Bequest of Turner watercolours, an example which must be awkward for advocates of the Burrell Bill.

The Hon. Christopher McLaren for the Samuel Courtauld Trust/Courtauld Gallery is much more gung-ho about lending and about overturning wills, admitting that they have done this in the case of the Seilern Bequest with the consent of the Charity Commission (47,60). He claims that no one has objected, but I did and I remember that Prof. Michael Hirst did.

In fact hard evidence is not given for many of the assertions and aims of those supporting the Bill. The financial benefits of tours are dubious. Whether they attract more visitors to the lending city is also unclear. The benefits to research are also debatable. The supporters say that loans promote it, whereas Jeremy Warren says that they take up curatorial time. When I first arrived at Manchester City Art Gallery, the committee chairman complained to me that the latter was the case.

Grossart says that the fact that Burrell lent to the 1901 Glasgow International exhibition shows that he was internationally minded (Grossart, 17). But that exhibition attracted visitors from abroad to Glasgow, just the opposite of what Grossart is advocating. The Chairperson of Glasgow Life (Cllr Archie Graham) states that Burrell was determined that his collection “should benefit the people of Glasgow” (14), whereas, Grossart says that “from a museums point of view, collections are left for the benefit of humanity” (17). No evidence is produced that this was Burrell’s aim or that it trumped his wish to benefit Glasgow. Of course supporters of the Bill argue that reciprocal inward loans benefit Glasgow, but again no evidence is produced that that was what Burrell wished. The promoters have conducted polls which show a majority is not opposed to the proposed change. But how was the question framed and how far did the respondents appreciate all the factors?

The Convener says that in the past Neil MacGregor opposed changing the will (33). But he has supported just the opposite. True, David Lister reported in The Independent (13.10.1997) that MacGregor, while maintaining “the need to respect the wishes of benefactors once they have been agreed by trustees”, was going to tell the Burrell Commission next day that the Museums & Galleries Act 1992 allowed some national Museums to ignore those wishes after 50 years. In fact he had stated that in the evidence submitted to the Commission on 1.8.1997. I can only imagine that he felt obliged to enunciate a general (and in practice meaningless) support for donors’ wishes as Director of the National Gallery, while in his heart having little sympathy with that. I remember attending a lecture at the Courtauld Institute years earlier in which he derided donors. Then in 1997-8 it was while he was Director that the National Gallery tried to persuade the Wallace to lend a Rubens contrary to the terms of the Wallace bequest. If he is now reluctant to give oral evidence to the committee, that would not be surprising. When I tried to tackle him in person on the subject of donors’ wills (at the AGM of the Artists’ General Benevolent Institution), he made a quick exit.

As for the 1992 Act, it was a reiteration of those of 1883 and 1954. In 1883 The NG was acutely short of space and had an unbalanced and partly unwelcome collection. It was at a high tide of extreme Liberalism. The responsible Minister, George Shaw Lefevre, was “on the radical wing of the Liberal party” and was following the policy of a predecessor, Acton Smee Ayrton, “a former Treasury apparatchik recklessly determined on cost cutting” (Simon Thurley, Men from the Ministry, 2013, pp.31, 40). Financial Secretary to the Treasury 1882-4, Leonard Courtney, was another radical, who in 1916 supported the abortive Bill allowing the National Gallery to sell pictures. (In that debate he explained the variation in 25 and 50 year terms after which wills could be breached, something which puzzles people to-day; House of Lords, 21.11.1916 ). Both the 1883 Act (passed after virtually no debate and uncritically copied since) and the 1916 Bill had the same aim – of ridding the National Gallery of part of the Turner Bequest. As such they have no relevance to the Burrell question.

Numbers of works in collections are adduced as an argument for lending, on the grounds that there is not space to show most. Thus the Burrell can only display 2,000 out of 9,000 items (25). The National Galleries of Scotland have 100,000 items (44). These figures are meaningless unless broken down into those for works (a) which cannot usually be shown for conservation reasons (b) which are of little interest (c) which are the key ones. It is of course the last that foreigners want to borrow, and which (if not on loan) attract visitors to the home museum. For 150 years the figure of 30,000 or so works has been used by those wanting to argue for splitting up and loaning the Turner Bequest, a wholly misleading and nonsensical figure when one comes to exhibiting it and realises that there are only 20-40 key works that can be shown constantly.

Jeremy Warren admirably puts the case against undoing Burrell’s lending conditions (48-52). On the Wallace’s own record, he refers to the refusal to lend its Rubens landscape to the National Gallery in 1998 despite the pressure to do so from the latter. Warren’s evidence should be accorded great weight also because the Wallace Collection is the museum among those cited most analogous to the Burrell Collection.

The Hon. Christopher McLaren says that he and Warren, contrary to appearances, don’t really disagree, as he has recruited Dame Rosalind Savill to the Samuel Courtauld Trust (56). That begs the question of how far Warren and Savill agree (her somewhat nuanced views were briefly reported by David Lister in The Independent, 16.4.1997). It was under Savill that the Wallace held the Freud and Hirst exhibitions. Was she overpowered by Freud’s charm and forcefulness or did she really believe in her heart that showing his work in the midst of Wallace’s was compatible with the spirit of Lady Wallace’s stipulation that the collection be kept unmixed?

McLaren argues that what matters is the spirit and not the detail (47). Of course disregarding the letter for the spirit conveniently allows the woolly subjectivism which is so often employed to overturn donors’ stipulations. In the case of the Lane Bequest, the National Gallery stuck like a limpet to the letter of the law in disregard of what a House of Commons committee judged was Lane’s actual intention. Ironically it was said that under Scottish rather than English law Lane’s un-witnessed codicil giving his collection to Dublin rather than to London would have been legally valid. MacGregor naturally favoured the National Gallery view, supported by a false understanding of the history, which I had to correct in the columns of the Museums Journal.

McLaren’s view of Lord Lee (60-61) is hard to reconcile with Lee’s opposition in the House of Lords and The Times in 1930 to the British Museum & National Gallery (Overseas Loans) Bill. Lee’s opposition nearly provoked a physical attack on him in the Lords by the proponent of the Bill, Lord d’Abernon! His statement of the risks of travel was reported at length in The Times (16-17.12.1930) and would surely have influenced the views of Burrell. The Bill was opposed by the BM, for which Lord Hanworth, Master of the Rolls, spoke. The Archbishop of Canterbury, Cosmo Gordon Lang, another BM trustee, gave three reasons for opposition: 1. Disturbance of study. 2. Danger of damage. 3. Difficulty of resisting pressure to lend. The BM was dropped from inclusion when the National Gallery (Overseas Loans) Bill was introduced in 1935. This and the exclusion of the BM from subsequent Bills constitutes an awkward fact for Neil MacGregor. The 27th Earl of Crawford found fault with the 1935 as with the 1930 Bill. He argued that, if the object was to promote Britain abroad, that should be done by British art, leaving the restrictions on lending foreign art, which was what was agreed. Mention has been made of art as a tool of diplomacy. Of course art has been used for that from time immemorial, but as gifts. No doubt international relations have a part to play today, but only when other considerations do not militate against lending.

Attempts having failed in 1930 and 1935 to allow the loan abroad of foreign art, in 1953 the 28th Earl of Crawford told the House of Lords that the Treasury was “asking you for the third time to change your minds” (24 November 1953, 466), though again only for the National Gallery and Tate. Again examples of damage done to works when on loan were cited – this time by MPs as well. The debates stretched into a whole year and raised questions about various wills such as Sir Hugh Lane’s. Like other donors Lane changed his provisions over time, as did Burrell, who according to his secretary, Mrs Shiel in 1997, once thought of locating his museum in London. This has been used as an argument for not regarding donors’ final wishes as binding for ever on the reasoning that if they had lived longer they might have changed again. However donors such as Lane, Turner and Burrell had laid their plans over many years and settled on their final one after much thought, perhaps sometimes more thought than that given to the matter by those who wish to change their provisions. The advocates of changing wills might come to change their minds too.

Today’s wish to “liberate” collections (Grossart, 16), the belief that what matters is “getting the works out and about” (McLaren, 56) may in the future seem to be just a fashion, the consequences of which come to be regretted, in some cases too late. McLaren says that the modification of Seilern’s conditions did not remove his one against lending paintings on panel, which the Courtauld would have adhered to anyway (McLaren, 48). This is tantamount to saying that a donor’s wishes should only hold when they concur with those of the curators and trustees for the time being. It should be clear that the main advocates of this Bill in fact do not believe that donors should control their collections from beyond the grave except perhaps for a short time after their deaths, whether or not the collection had been accepted on that basis. Is retrospective legislation desirable?

McLaren says that no one has objected to the changes made by the Courtauld. But the general public will not be aware of such changes. I cannot think of any recent museum catalogue or guide which states the donor’s conditions, much less any changes made to them by the museum. The old catalogues of the Wallace Collection, reprinted in successive editions over many decades, did, but that was unique. The V&A went further in setting up boards giving the conditions of gifts such as that of Sheepshanks, but it is hard now to discover the terms under which many of its main bequests were given. When I suggested some time ago that it would be easy to give these on the museum’s website, I was told that that would be too much trouble. That trouble would arise from the public knowing too much was clearly the unstated thought. The art world in general is shrouded in secrecy. Moves to greater transparency such as the Tate’s publishing the minutes of its board meetings online end in farce when one sees how much is deleted first. Dr Penny has asked for his submission to this committee to be removed from the website and has said that he will reveal details of damage to works of which he knows only under the cloak of the greatest secrecy. In such a state of affairs one cannot have much faith in museum assertions about damage or anything else unless these are closely challenged. Meanwhile curators commenting on a report on the Burrell hearings in the Museums Journal find it advisable to do so anonymously.

Statistics are also sometimes dubious. Thus Ben Thomson states that the Burrell exhibition at the Piers Art Centre at Stromness was visited by 80% of local residents (54). How local? Did they pay or get in free and in the latter case how were they counted? Is he talking about the total number of visitors or of visits?

Reference is made to maintaining or increasing the reputation of museums. In the case of Warren reputation among potential donors seems to be what is meant (49). In the case of the others the reputation of the curators among their colleagues round the world. It is doubtful if the wider public is much influenced by these considerations. A museum’s reputation may be damaged more directly when visitors go to it and are disappointed in their expectation of seeing key works which turn out to be out on loan. Again this may affect only a minority. Mention is made of the Cluny Museum in Paris, which has started lending abroad (Grossart, 22-3). That has lent its famed Unicorn tapestries to Japan. When I checked the first 50 (out of 800) visitors’ comments on the museum on TripAdvisor’s website many mention their absence, but only three thought their visit ruined thereby. Even so, is that an acceptable percentage?

Though I think the Bill makes an unnecessary and undesirable change, I am not wholly out of sympathy with its promoters. Julian Spalding, who initiated the move when he was Director of Glasgow museums, in May gave us a very stimulating talk, most of which I strongly agreed with and which consisted of suggestions probably too radical for many of the Bill’s supporters! When I was a curator at Manchester, I was frustrated by the “squirrelists” (Grossart, 22) and took the conservation concerns too lightly. Long thought about the issues has, I hope, made me wiser. Truly liberal views will take into account the dead and unborn as well as the living and current fashions. J.S. Mill recognised that opinions differ, which is why the peculiarities of donors’ provisions are to be cherished rather than dismissed. Otherwise museums will lose their individuality. Of the Burrell it is said that “the asset and unique selling point … is the imagination and vision of the man who created this incredible collection – that in itself is an amazing story” (McConnell 29) and that it constitutes a union of collection and building (McConnell 20).

I also have sympathy with Sir William Burrell’s Trustees. They opposed change in 1997 but now back it under the pressure of those who urge the dire necessity of raising money for the building (as their Chairman stated in the September 19 hearing). The same much contested argument was used to overturn the wishes of Dr Barnes, resulting in an even more fundamental departure from the donor’s ideas. The Trustees argue that they will have the final say in what should be lent abroad and some say in what should be lent in the UK. However they will be under the pressure to lend which Lords Crawford and others thought could be intolerable. Parts of the lending code are flabby (39-40). An object, it says, should not be lent for 5 years after it has returned from exhibition unless there are “exceptional circumstances”. Any circumstance can be exceptional for those bent on circumventing restrictions. Objects, it adds, shall not be on loan for longer than 3 years except for a tour longer than 3 years. That is no real restriction at all.

If the Committee is minded to back the Bill, the Code should be tightened up and the Trustees given final say in all cases. If a long tour is contemplated, the Bill should limit that to a one-off and thereafter strictly definite restrictions on time, repetition, material etc. should apply.

Selby Whittingham

Selby Whittingham is Secretary of the Watteau Society, Donor Watch and The Independent Turner Society.

UPDATE 19-11-13:

Restoration Damages Market Value

Philip Hook, a director and senior paintings specialist at Sotheby’s, has given further “from-inside-the-art trade” confirmation that restorations can damage the value of paintings. Writing in the Guardian (“Got anything in the red”, Arts, 19.11.13) on the present art market disconnect between sheer artistic quality and realised top prices, Hook gives good account of the Bling Factors driving markets fuelled by super-rich aesthetic chumps seeking instantly recognisable works above better but less familiar ones. He well describes the effects of atists’ biographical back-stories and the assistance given to prices by appealing subject matter: pretty women; animals that are depicted alive and not dead, and so forth. In discussing negative market forces, Mr Hook also cites the effects of picture restoration: “Condition is a factor. Paintings suffer and age over time, some more than others. Like human beings, some are subjected to cosmetic surgery. Where this has been too extensive, the price of a painting will be affected.” It is precisely for this reason that accidents suffered by loaned and borrowed works are so little reported. If paintings were required to be accompanied by log books which listed and described all known previous “conservation treatments”, owners might think twice about agreeing to take risks by lending works to travelling exhibitions.

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MR MACGREGOR AND THE BRITISH MUSEUM’S UNDERPINNING OF GLASGOW COUNCIL’S PRIVATE BILL:
Above, top, Fig 1: Neil MacGregor, director of the British Museum and former director of the National Gallery (1987-2002).
Above, Fig. 2: Nicholas Penny, director of the National Gallery (since 2008).
1) A Director’s Thrust…
Item: On 15 September the Evening Standard Londoner’s Diary reported:
Don your armour. The British Museum’s director Neil MacGregor has unsheathed an antique sword and is pointing it at National Gallery director Nicholas Penny. “At stake is whether a Glasgow gallery can lend out its collection, but it pertains to both institutions’ policies of moving art around. When William Burrell left his art collection to Glasgow in 1944, he stipulated it shouldn’t be moved. It was housed outside the city but the building now needs renovating and its trustees have asked permission of the Scottish Parliament to change the terms of the bequest to allow the works to tour. “Penny wrote a letter to the Scottish Parliament, objecting, adding darkly that there were many incidents of galleries damaging works of art while moving them and he was prepared to describe them in confidence to a ‘single trustworthy individual nominated by Scottish Government [sic]’. The letter went up on the Scottish Parliament website but was then removed . “Now MacGregor has also submitted evidence. The British Museum has offered to help with transportation and MacGregor cites prior examples of successful moves by, er, the National Gallery. “‘The National Gallery in 2011 invited museums abroad to lend their Leonardos for a temporary exhibition,’ he notes. ‘In return, we lent the supremely fragile Leonardo Cartoon to the Louvre, confident it could responsibly move it, exhibit it there, and then bring it safely home.’ “Next year’s Rembrandt exhibition opens at the National Gallery. It has borrowed Man in Armour from Kelvingrove, the Burrell’s sister gallery in Glasgow. Borrowing okay, but lending not?”
It seemed unlikely that Nicholas Penny, who had attempted to give his evidence in confidence to the Burrell Committee, had been the journalistic source for this item. The charge of hypocrisy had been made in the Scottish parliamentary committee hearing on 9 September by Dr Bridget McConnell of Glasgow Life and the Chief Executive of Culture & Sport Glasgow. She declared herself: “surprised to hear that view from Dr Penny, not least of all because we loan items from our museums collection to him. Indeed he has asked for a Rembrandt from Kelvingrove museum – probably our most valuable item – for a major exhibition next year”. At the same hearing, Sir Angus Grossart (he also being of Glasgow Life and the chair of Burrell Renaissance on which Neil Macgregor serves as an adviser), held Penny’s views “inconsistent with his own practice”. Those views were put to ArtWatch UK’s director Michael Daley at the 19 September parliamentary hearing by the committee’s convener, Joan McAlpine (SNP), to which he replied:
That is perfectly true. As director of the National Gallery, Dr Penny is clearly in an awkward position – after all, the The National Gallery has loan policies – but from the beginning he has made clear his general disapproval of loans. He thinks that far too many loans are made at far too much risk and has sought to introduce new types of exhibitions at the National Gallery in which the need to draw in works from abroad is greatly reduced. Moreover, he thinks that many blockbuster exhibitions are, in fact, quite naked revenue raisers that serve little or no academic scholarly purpose and he personally is very keen and committed to developing exhibitions that are more thoughtful and more helpful to the public and in which the borrowings, in so far as they are made, are of less famous and well-known artworks.”
Item: Nicholas Penny had received support during the hearings of 9 September. In his testimony, Jeremy Warren, the Collections and Academic Director of the Wallace Collection, said: “On Dr Penny’s views, although his head is organising Vermeer and Vienna secession exhibitions – because he has to and it is part of what is expected of museums these days – his heart is probably saying some of the things that I have said. Actually, there is a risk whenever an object is moved. Even if an object is moved within a museum, it is affected in however miniscule a way. We have been through an age of exhibitions having become almost like medieval pilgrimages, but that might change in years to come, and there might be more focus on the integrity of collections…”
Item: Nicholas Penny might have been aware that his predecessor as director of the National Gallery, Charles Saumarez Smith, was reportedly taunted during a Board meeting by its chairman on the low visitor numbers for his special exhibitions. Such pressures are immense in today’s museum world. When serving as the director of the Victoria and Albert Museum, Dr Alan Borg, was chided by Alan Williams MP: “When you have one of the highest grants-in-aid per head per visitor, you have a duty to the taxpayer to try and get more people through your doors. The idea is to get people into the museums…Your blockbusters do not bust many blocks, do they?”
Item: In The Times of 27 February 2008, Dalya Alberge reported that “Nicholas Penny, the new director of the National Gallery, said yesterday that the 184-year-old institution had a duty to display art with which the public was unfamiliar rather than yet another parade of an artist’s greatest hits….What is important is encouraging historical and visual curiosity in the general public…I have a lot of thinking to do about our exhibitions and the direction they are taking.”
Item: The Stifling of Museum Officials’ Anxieties. In his preface to Francis Haskell’s last book The Ephemeral Museum, Penny addressed the charge of hypocrisy…as it had earlier been levelled against Prof. Haskell:
…And he was also accused of hypocrisy because he was, and indeed continued to be, on advisory committees for exhibitions. Francis’s position was never the simple one of objecting to all exhibitions, though it was always a principle with him to refuse to be associated with pressure on directors who were reluctant to lend. [In any event] No public rebuttal was attempted of the case he made, since it would only have brought to public notice the near accidents of recent years and might have prompted public statements from other senior figures. At least one other eminent art historian – Sir Ernst Gombrich – has expressed misgivings about the transportation of great masterpieces. But museum officials are obliged to stifle their anxieties…”
Item: On 30 December 1995 Sir Ernst Gombrich wrote (letter to Michael Daley):
…When I was in Vienna in October, the Kunsthistorisches Museum was under enormous pressure to lend Vermeer’s Artist in his Studio, indeed in the end the Queen of the Netherlands rang the President of Austria (who had no idea what she was talking about!) So the Museum called in ‘experts’ including a restorer from Germany who all said that the picture was not in a condition to travel. So even restorers can do some good!”
(On 21 July 1995 Sir Ernst had written: “I need hardly tell you that I have much sympathy for the aims of ArtWatch”.)
Item: The Met’s Strong-arming of Reluctant Lenders. The director of the Metropolitan Museum, New York, Thomas P. Campbell, said in 2007, when serving as the museum’s curator of tapestry: “I do have the potential to organize exhibitions on a level that other museums simply don’t have. I mean no one but the Met could have pulled off the exhibition of Renaissance tapestry we had here a few years ago, where there were forty-five tapestries on show. The politics involved, the financing involved, the leverage, and the expertise involved: No one else had that. We bribed and cajoled and twisted the arms of institutions around the world – well, we didn’t bribe, of course – but politically it was very complicated negotiating the loan of these objects, which came from the British royal collection, the Louvre, the Hermitage, the Vatican and were just absolute masterpieces.” (“Museum ~ Behind the Scenes at the Metropolitan Museum of Art”, Danny Danziger, 2007, Viking.)
Item: Above, the National Gallery’s 16th century wood panel painting, Beccafumi’s Marcia, which was dropped and smashed on January 21st 2008 during the de-installation of the exhibition Renaissance Siena: Art for a City. After the accident it was said by the gallery (Report, 13 March 2008) that the panel is “fragile” and will “never be allowed to go out on loan.” The panel is one of two Beccafumis owned by the National Gallery. They had been removed from their customary place in the gallery’s high-ceilinged, naturally lit Renaissance galleries for the special, temporary exhibition in the artificially lit basement galleries. There, they had been united with a third panel of the original Beccafumi series, and all three were mounted together in a special showcase. The people who ‘dismounted’ the special showcase had not fully appreciated its complicated manner of construction, and in the process one of the three panels slipped and smashed on the floor. The odds had been two to one against the borrowed panel being the victim in this accident. An international incident had been narrowly avoided. Because the damaged panel belonged to the National Gallery itself, it was immediately repaired before even the Trustees had seen its condition. After repair, the damaged panel and her sister were both placed in the National Gallery’s badly and entirely artificially lit, cramped reserve collection (which is open the public for only a few hours each week). No press release was issued announcing the accident but brief mention of it was later contained in an online report of the Board’s minutes. When ArtWatch UK commented on the accident in its Journal, the press picked up the story. The then new director at the gallery, Nicholas Penny, gave ArtWatch UK hard copy photographs of the smashed panel and a copy of an independent report of the accident commissioned by the gallery. [“Report on the Circumstances behind the Accidental damage to NG 6369 Domenico Beccafumi’s Marcia“, by Tadeusz J. A. Glazbus, Head of Internal Audit, the British Museum.] A striking feature of that report was evidence of the chaotic circumstances that can arise when large exhibitions are dismounted. Once exhibitions are over owners seek to have their works packed and returned as quickly as possible. As a result floor space rapidly fills with packing cases and materials, couriers and conservators, around whom in-house curators and visiting scholars step with guests who are eager to study the backs of works as they are removed from the walls. One Trustee of the gallery told us that it “had been pandemonium on the day”.
Item: In The Times of 19 January 2013, Magnus Linklater reported that the priceless contents of the Burrell Museum are to be taken abroad on tour, despite the specific wishes of its creator, Sir William Burrell that they should never leave the country. The decision that they should do so had been taken collectively by Glasgow Council, Glasgow Life and and the Burrell Trustees even though it would “require a bill to be presented to the Scottish Parliament in order to amend the strict terms of Burrell’s bequest”. [Our emphasis – we would have thought that getting a bill passed by the Scottish Parliament was a more appropriate term.]
Item: On 6 September 2013, Phil Miller in The Herald reported:
“One of the art world’s leading figures has raised serious concerns over Glasgow’s attempt to tour the treasures of its famous Burrell Collection abroad, saying there is a “deplorable tendency” to deny the risks of transporting art around the world.
“In a candid submission to the Scottish Parliament committee considering The Burrell Collection (Lending And Borrowing) Bill, Dr Nicholas Penny, the director of the National Gallery in London, says moving works of art has led to several major accidents, incidents and damage to works, many of which have not come to public attention:
“‘What is very often forgotten in discussions of this kind is the moral advantage and tangible (if not always immediate) benefit of a declared preference for honouring the wishes of of the donor. Real concern for the future is always more persuasive in those who have a genuine feeling for the past;
“‘The financial benefits of touring art collections are also greatly exaggerated and do not lead to any significant increase in visitors to the galleries touring the works;
“‘While there has always been much talk of profile-raising to palliate the mercenary motives or to compensate for disappointing fees, the interests of those brokering or encouraging touring exhibitions may not always be very obvious but should be examined very severely.'”
Item: On 23 January 2013, The Herald reported that the British Museum had been lined up for the first stop of an ambitious world tour of the Burrell Collection: “The British Museum, whose director is Glasgow-born Neil MacGregor, is planning a show of of at least six months if Glasgow City Council’s bid to change the rules governing Sir William Burrell’s bequest…is successful…”
Item: On 25 April 2013 The Herald reported that Burrell Renaissance, led by financier Sir Angus Grossart, will be driving the plans for the Burrell Collection which were expected to cost more than the Kelvingrove museum’s £35m facelift. The newly instituted group included Dr Bridget McConnell, the CEO of Glasgow Life, Lord Kerr of Kinlochard, a former ambassador to the US and head of the Foreign Office, and Neil MacGregor, “the Scottish director of the British Museum” who was to be a special adviser. MacGregor listed among potential venues for The Tour the British Museum itself, Europe, North America and Asia.
MR MACGREGOR’S NO-SHOW AT THE SCOTTISH PARLIAMENT HEARINGS
At the September 9 hearing the following exchange occurred: The Convener: Is it correct that the tour is being organised in collaboration with the British Museum? Dr McConnell: Yes. We spoke to Neil MacGregor last week about this. As you can imagine, given that the British Museum lends 4,000 items a year, it has an extensive touring department. We are talking about contracting the British Museum not to deliver the tour but to mentor our staff, because we want some of the skills to transfer here and we want to build awareness and knowledge. We have some of that, but we want to augment it by either working through his staff or contracting some of his staff to work here in Glasgow. An arts agency – I have forgotten its name, but we can get it for you – co-ordinated the Kelvingrove tour in North America on our behalf. It took all the insurance risks and made all the preparations for opening events and so on. It has indicated that it would be interested in doing that again in North America this time and our staff are exploring with the British Museum any similar opportunities with similar agencies. The Convener: We have invited the British Museum to give evidence, but unfortunately it has not been able to accommodate us. What benefit will the tour bring to the British Museum? Dr McConnell: Without putting words in Neil MacGregor’s mouth, I know that he would be delighted to provide written evidence if the committee wants it. Sir Angus Grossart: He has been on holiday. Dr McConnell: He has been abroad on business and then he is off on holiday, so he is out of the country… The Convener: Neil MacGregor said on record in the past that he was against changing the will, so it would be interesting to receive from him written evidence that tells us why he has changed his mind. Around the time when the Burrell Renaissance was being formed and Neil MacGregor from the British Museum was invited to be a consultant to it, a story appeared in a newspaper – I believe it was The Scotsman – saying that the British Museum would be centrally involved. Could a conflict of interest be perceived in Mr MacGregor’s role in Burrell Renaissance? Were other partners considered? Sir Angus Grossart: Many international options were considered. Neil MacGregor is a pre-eminent figure. He was not chosen out of deference to the British Museum; he was invited to be an adviser on his merits. If we were to show any part of the collection in London, that museum would be the most fitting and matching destination [Over the much better temporary exhibition accomodation of the Royal Academy? – Ed.] I do not think any preference was given. I doubt whether there was any intent to give Neil MacGregor, who was previously the director of the National Gallery in London, a preference. I would not have been party to anything like that. The Convener: The collection could be shown in London without changing the will? Councillor Graham: Yes. Dr McConnell: Yes.
MR MACGREGOR’S (LATE) SUBMISSION TO THE BURRELL COMITTEE:
Item 1: Concerning Mr MacGregor’s 1997 “neutrality” Mr MacGregor submitted to the current Parliamentary Committee a transcript of his earlier views, as submitted to the House of Lords on 1 August 1997 when consideration was being given to the restrictions on international lending at the Burrell Collection. Specifically, MacGregor had then been invited to give evidence on: “the practice of inter-gallery lending in both the domestic and the international context in terms of its prevalence, its purposes, its effects and its risks”. Mr MacGregor stated that although he had been called as a witness “by the Promoters”, [Glasgow Council] he wished it to be made clear that, at that date, he had taken the position in which: “I neither support nor oppose the specific proposal that Glasgow City Council should be allowed to lend abroad objects from the Burrell Collection. On that my position is one of neutrality.” Mr MacGregor further stated that: “The passage from the wall to the packing case is widely considered to be the most dangerous stage of art transport.” Although he did not say so, we would assume that, at that date, Mr MacGregor accepted that sending works abroad on multi-venue tours necessarily and inescapably increased the risks to which all loaned works are exposed. Professional art insurers have assessed the risk of loaning a work to another venue as being six times greater than when the work is left hanging in a museum and gallery. That being so, it would follow that works being sent on a six-venues world tour would be placed at six times six more risk.
Item: In the Spring 2008 ArtWatch UK Journal No. 23, we ran the following report:
‘Museums now have to do blockbuster shows to get the people in’, Paul Williamson, of the art transporting firm Constantine, said on BBC Radio 4’s The World Tonight [on 5 November 2007], adding ‘They’re under financial pressure to tour the exhibitions: so various exhibitions may undertake a five, ten or fifteen-venue tour around the world.’ On the same programme, a spokesman for the art insurers Hiscox disclosed that a large claim was filed when a forklift truck driver at Heathrow drove his forks through a very well-known painting that was very lovely.”
NB – The identity of the painting was not disclosed. This is common procedure with accidents – no owner, whether private or institutional, lightly discloses news of an accident and the subsequent covering of traces by a restorer. For this reason, private owners whose work is damaged when on loan to a large institution will usually prefer to have the in-house restorers make a no-charge repair rather than submit an insurance claim for privately commissioned restoration repairs.
Item: Concealing travel injuries. The role of restorers (aka conservators) in concealing injuries is abhorrent to us but often welcomed by arts bureaucrats. As we reported in posts of 2 February 2011 (Why is the European Commission instructing museums to incur more risks by lending more art?) and 8 February 2011 (The European Commission’s way of moving works of art around), the European Union sees its objective of generating smart, sustainable and inclusive growth at a time when many of its industries are in decline, as being most realisable in the cultural sphere. To create jobs, the Commission exhorts more museums to loan more works and to be prepared to take more risks with their holdings. A specific European suggestion is that lenders should: “not insure works while they [are] at the exhibition venue”. This ignores the fact that (as Neil MacGregor and many others acknowledge) most injuries occur during the time of the exhibitions – and especially at moments of handling: mounting/dismounting, unpacking/repacking. In addition to those principally human hazards, environmental stress and risks can prove higher during exhibitions than during the travelling time. This occurs because when well-publicised exhibitions draw the crowds they seek, the atmospheric “micro-environments” of galleries can fluctuate at alarming and hazardous rates as heat and humidity levels soar and then decline at the end of each day at rates with which air-conditioning units cannot cope. ArtWatch knows of many panics that have been triggered among museums’ curatorial and conservation staffs by the phenomenon of heat/humidity surges. In attempt to avoid this problem, the National Gallery greatly restricted the number of potential visits (and hence income) to the recent Leonardo exhibition, but not all institutions share such scruples. Notoriously, and perhaps least scrupulously of all, the Vatican continues to pack visitors in their tens of thousand each day into the confines of the Sistine Chapel, even though the last (artistically disastrous) restoration had, by stripping off Michelangelo’s final layer of glue-based painting, exposed the bare fresco surfaces to the ravages of modern Roman environmental pollution for the first time, and even though it has been admitted that the present air-conditioning is not fit for purpose. For its part, the EU urges both that greater risks should be taken with security (by reducing the role of couriers) and that the depreciation of value which results from works being injured and then repaired should be discounted because “in many cases, after the exhibits have been restored, only experts can assess the alteration resulting from the damage. The restored artworks can therefore be exhibited as they are”.
MR MACGREGOR’S (LATE) SUBMISSION TO THE BURRELL COMITTEE
Item 2: Concerning Earlier Misunderstandings of Mr MacGregor’s Position:
1. I have been invited to comment on the application to vary the terms of the Will of Sir William Burrell in order to allow objects from the Burrell Collection to be lent for exhibition outside of the United Kingdom. I am sorry that I was unable to attend the the committee’s earlier meeting. “2. I note that in the proceedings of the committee of 9 September 2013, column 33, the Convener asserts that I ‘said on the record in the past that [I] was against changing the will’. I fear the Convener is mistaken. In previous discussions of the topic, in 1997, I explicitly state that my position was one of neutrality. That is clearly recorded in the formal precognition dated 15th August 1997 and the report of the of proceedings at the public enquiry page 1272 section A dated 14th October 1997. My [then] position was accurately and unequivocally reported in the Glasgow Herald of 15th october 1997. “3. I have no idea why Tom [sic] Dalyell in his obituary of Colin Donald wrongly suggested that I was opposed to a change in the Will – I was not; nor do I know why David Lister (Independent 13th October), writing before I had spoken to the commission on 15th October, mistakenly assumed that I would argue that the wishes of benefactors should always be paramount.”
Item: Tam Dalyell’s 27 October 2006 obituary in the Independent on Colin Donald, Burrell Collection trustee:
When in 1997 the Director of Glasgow Museums, supported by Glasgow City Council, mounted a legal challenge to the terms of the will of one of their greatest benefactors, there was outrage among museum staff nationwide. Julian Spalding sought to lend out items from the Burrell Collection, contrary to the specified wishes of the collector and ship owner, Sir William Burrell, who died in 1958. Neil MacGregor, Director of the National Gallery, among many others, deplored the challenge, but it was left to Colin Donald to fight it…As senior trustee he was absolute in defence of of the interests of Sir William Burrell’s Trust. ‘The Trustees’, he wrote in a letter to the Independent in 1997, have been obliged to oppose [the Spalding challenge] formally as we are of the view that we have a prescribed agenda to follow, which is to uphold the terms of the gift so meticulously set out by Sir William Burrell…”
Item: “Protect works of art from moving” ~ Colin Donald’s letter to the Independent, 28 April 1997:
Sir: David Lister (“When treasure becomes a burden”, 16 April) is free to draw his own conclusions about the Burrell Collection from the facts, but it is important that these facts are correct. “It is not the trustees who have ‘called in the parliamentary commissioners’. The draft provisional order has been promoted by the City of Glasgow. The trustees have been obliged to oppose it formally as we are of the view that we have a prescribed agenda to follow, which is to uphold the terms of the gift so meticulously set out by Sir William Burrell. “In any event, the widened lending powers being sought will bring no benefit to the collection, although I suppose they might have a spin-off for Glasgow in tourism terms, but even that is arguable. The trustees have seen no evidence that Glasgow has ‘lost out’ on any exhibitions because of the restrictions on lending items from the Burrell Collection abroad. In any event, there are many items in the rest of Glasgow’s excellent collection which can be loaned without restriction. “The changes which the City seeks to make amount to somewhat more than ‘dots and commas’. The draft provisional order seeks powers to lend items from the collection for exhibition in any public gallery or other public place in any part of the world, without being responsible for any damage or injury thereto or for any loss or depreciation thereof … with such arrangements (if any) for insurance as the Council may decide. They thus want to sweep away the carefully negotiated lending terms inserted by Sir William in the memorandum of agreement and the will.”
NB – The present Burrell Trustees’ seeming abandonment of their primary duty to respect and enforce the wishes of the benefactor is striking. At the 19 September Parliamentary Committee hearing, the Chairman of the Trustees, Sir Peter Hutchison, spoke in a manner indistinguishable from that of Glasgow Life officers: notwithstanding what he described as “the problems of overseas lending”, he welcomed the sending of Burrell Collection works overseas on what he referred to as “the tour”; he expressed confidence that if he were to hold an imaginary conversation between his own and Sir William’s consciences, that the latter, 55 years after his death, might react favourably if asked to trust his [present] trustees; he cited as a kind of authority for the proposed overturning of Burrell’s conditions, the fact that the trustees of the Barnes foundation had recently performed a similar manoeuvre; most disturbingly of all he seemed to show a distinct deference to the wishes and abilities of the municipally over-arching body that is Glasgow Life. He used an unfortunate cricketing analogy: henceforth, although the trustees would assume a new role in monitoring loans in general (- which was to say, loans at home and abroad) their position would be not that of a wicketkeeper but that of the fielding position long-stop (i.e. the hapless role seen in schoolboy cricket of a fielder placed behind the wicketkeeper on the boundary in hope of stopping all of the missed balls from scoring four runs). The reason for this self-diminishing role would seem to be that the trustees will now be working closely with Glasgow Life, which body already directs the lending policy of the city’s museums generally. In effect, Sir Peter was accepting what he might well have felt to be a politically inevitable homogenisation of museums and galleries within the city. We note that in 1997, when Julian Spalding was pushing for an overturning of Burrell’s conditions, the position of Keeper at the Burrell Collection had recently been axed. As mentioned above, opposite, we were unable to discover if anyone might be employed in that capacity today. It seems extraordinary to us that such a fabulous collection should be bereft of both strong and independent curatorial leadership and strongly supportive trustees.
Mr MacGregor’s September 18 Reply to the Burrell Committee, continued:
5. It was suggested by the Convener on 9th September (column 33) that as the British Museum might be involved in helping organise the logistics of a possible loan, and as works from the Burrell Collection might be shown at the British Museum, I might find myself in a position of conflict of interest. I think I can assure the Convenor that this is not so. The British Museum would not profit financially from either aspect of such co-operation with our Glasgow colleagues…” NB That absence of any financial benefit to the British Museum would only be so if visitors throughout the proposed six-months exhibition were not charged, and if they were to spend no money in the museum’s shops and cafes.

Item: How Future Loan Exhibitions Might Help Fund the Urgently Needed Repairs of the Burrell Museum and the Proposed Refurbishments of the Building.

It is not clear how, without entrance charges, lending works to the British Museum might offset in part the estimated high costs of putting the Burrell Museum to rights during the period between 2016 and 2020 when its building is scheduled to be closed for already urgently needed repairs. During the 9 September Hearing, the Committee’s members showed distinct concerns about what might be termed “the business model” of The Tour. In fact, the revenue-raising capacity of The Tour seemed to disappear in a single question/answer exchange:

The Convener: Paragraph 25 of the promoter’s memorandum suggests that lending the collection will provide a revenue stream to support the [Burrell building’s] remedial works. Can you tell us a little bit more about that and about how much you stand to gain financially from lending to put towards the cost of refurbishment? Dr McConnell: Touring does not in itself make money. If it washes its face and make a small profit, it is doing pretty well.”
Mr MacGregor’s September 18 2013 submitted view on the nature of loan risks:
…10. The question of the risk of damage to objects lent is a very important one, and has been much discussed. I attach an appendix to this statement detailing the procedures followed by the British Museum to minimise such risk. Clearly there are some objects which which are not fit to travel. But the best argument on this point seems to me to be the the practice of all the world’s great museums. They are all committed to the safety of their collections. All lend valuable and fragile objects, because they believe there is an overall public benefit in doing so. To cite but one item: the works of Leonardo da Vinci are among the most precious and vulnerable objects in all European art. The National Gallery in London in 2011 invited museums abroad to lend their Leonardos for a temporary exhibition – and they did. And in return, the National gallery lent the supremely fragile Leonardo Cartoon to Louvre, confident that could responsibly move it, exhibit it there and then bring it safely home. We take Mr MacGregor’s reference to the loan of Leonardo’s supremely fragile “Cartoon” to the Louvre to be a sarcasm (re his spat with the present director of the National Gallery) and not an expression of confidence on his own part that that highly fragile, shotgun blasted and “restored”, ancient drawing really had suffered no deleterious consequences on its journeys (- by lorry and train through the Channel Tunnel?) How might he know such a thing? The effects of vibration on old fragile paintings have been little studied. How might they be? Would any responsible curator permit an old master painting to be fixed inside a container and shaken variously and erratically for hours on end like an IKEA chair on a test bed? The truth is that Mr MacGregor’s writ on the safety of travel today does not and cannot run throughout the world. On 12 July 2001, when bringing ten panels from Massacio’s Pisa Altarpiece to the National Gallery in London, he claimed that it had become safe at some point in “the past five to ten years” to jet works of art around the world because little gadgets in modern packing cases alert handlers to “any movement in the container”. What then? Mr MacGregor did not explain what a handler might do if so alerted in mid-flight. In the real world, in 2000, pages of the Book of Kells were damaged by vibration when the precious illuminated manuscript was flown from Ireland to Australia. In 2004 a Raphael was found, on arrival for the National Gallery’s “Raphael: From Urbino to Rome” show, to have suffered “a raised crack” in transit. And so on and so forth… 12. Of course there is some risk in any showing of any work to the public. It is the duty of those responsible for collections to strike the reasonable balance between public benefit and the likely danger of damage. In the field of loans, this balance has, thanks to advances in transport and conservation, changed greatly in the last 40 years. Yes, indeed, there is always risk when sending art out into the world, but the notion of “reasonable balance” is weaselish. Trusting to the “likely” when putting irreplaceable works needlessly or lightly in potential harm’s way is not to perform a reasonable action. 13. I can speak with confidence only of the experience of the British Museum. Between 2003 and 2013, the Trustees of the British Museum have lent around 30,000 objects* (many very fragile) to venues within the U.K. and abroad. In those ten years, there have been eight recorded instances of damage – in all cases minor, and repaired by the Museum’s conservation team. While deploring and regretting these eight cases of damage, the Trustees believe the balance of public benefit has been overwhelmingly positive. I think that the recipients of these loans, among them museums across Scotland, would agree.”
Item: While Mr MacGregor appeals to the authority of a Universal Practice among all the Great Museums, in December 2010 ArtWatch UK received an appeal for assistance from leading art historians and restorers in Krakow to help oppose a planned loan (for a substantial fee that was paid by the exhibition’s sponsors) of the many-times loaned Leonardo da Vinci panel painting Lady with an Ermine to the special exhibition at the National Gallery in London in 2011-2012 to which Neil MacGregor has referred. See “An Appeal from Poland” and our post of 29 December 2010. For an account of our objections to that Leonardo exhibition, see “The National Gallery’s £1.5 billion Leonardo Restoration” and “Leonardo, Poussin, Turner: Three Developments in London and Krakow”. On July 14, 2011 it was reported that, as a consequence of the protests and “in order to improve the functioning of the Foundation of the Czartoryski Princes and to assure the correct collaboration with the National Museum in Krakow,” Prince Adam Karol Czartoryski, heir to the collections of the world-renowned Czartoryski Museum, has approved the dismissal of the enterprise’s entire management board, including its chairman, Count Adam Zamoyski.
Item: Concerning Mr MacGregor’s appeal to the authority of his own museum’s performance we note that there are good grounds for treating such accounts with a degree of scepticism: In 1993 the New York Times art critic Michael Kimmelman, addressed the problem of self-censorship within museums (- to which Nicholas Penny referred, as cited above, in his introduction to Prof. Haskell’s book): “no museum, either as lender or borrower, wants the taint of irresponsibility or carelessness. Although conservators, curators and directors privately raise doubts all the time about fragile and important works of art being moved around by other institutions, they virtually never speak out. When they do, it is as one chorus: nothing goes wrong where they are.” A further inducement towards scepticism is the public record of the British Museum’s own art handlers. As we reported on 13 December 2010 (“An Appeal from Poland”), in 2006, the British Museum sent 251 Assyrian objects – including its entire, incalculably important, fragile, wall-mounted Nimrud Palace alabaster relief carvings in foam filled wooden crates in two cargo jets to Shanghai for the “Assyria: Art and Empire” exhibition. Mr MacGregor claimed that: “It’s easier to transport these big valuable objects now – but it’s just as important to be certain they’ll be safe at the other end.”
The other end can be a long way away. The only flight capable of transporting all of the massive carvings to Shanghai left from Luxembourg to where the crated objects had to be moved by lorry/ferry/lorry. The planes stopped in Azerbaijan during their 16 hours flights – giving a total of four landings and four take-offs each on the round trip. On arrival in Shanghai, it was discovered that the recipient museum’s low doorways and inadequate lifts required that the crates with the largest carvings be “rolled in through the front door – which meant that we had to get a mobile crane to get them up the stairs”. So said Darrel Day, the British Museum’s senior heavy-objects handler. “Even then we had to unpack three of the crates to get a bit more clearance…[one carving] was still too tall, so we had knock a bit off”. No! – we jest of course, that should read: we had to “lay him down on his side”. When the collection was finally unpacked (delay had occurred because a replacement had to be found for the Chinese museum’s ancient unsafe forklift truck), it was found that “a few little conservation things had to be done” and that a support had broken off one of the carved reliefs. Nic Lee, head of the Museum’s Stone, Wall Paintings and Mosaics Conservation Section, reportedly said: “that was a bit of nineteenth-century restoration that I’d been wanting to get rid of for ages, anyway”. So that breakage was alright, then? A restorer at the Museum of Modern Art, New York, has claimed that within the museum world there is a professional concept of “acceptable potential loss” when considering works for loans. There would certainly now seem to be a systemic tolerance of failures in the movement of great art works. Forward planning seems an art yet to be achieved by many travel-happy museums (- a wider use of tape measures might help). An incoming Morgan Stanley sponsored exhibition of Chinese terracotta figures at the British Museum produced another art-handling pantomime. The more than two dozen wooden crates required were delayed for two days in Beijing because they would not fit into the holds of the two chartered cargo planes. When they finally arrived at the British Museum, they would not pass through the door of the round Reading Room (from which Paul Hamlyn’s gifted library had been evicted for the six months duration of the show). Even after the Reading Room’s main door frame had been removed, the largest crates still could not enter the temporary exhibition space built above the famous circular desks of the library, and had to be unpacked outside the exhibition space in the Great Court. The difficulties loan arrangements can generate were discussed by one of Mr MacGregor’s predecessors, David Wilson, in his “The British Museum: A History”, (The British Museum Press, 2002 – pp 334-336, “Exhibitions – A Vicious Circle?”). Sir David admitted, for example, that objects occasionally get damaged and sometimes even “go missing”. As indeed they sometimes do: Every year, more than £2bn of art is stolen, some of which is art on the move. In November 2006, the Toledo Museum’s Goya, Children with a Cart was stolen en route for an exhibition at the Guggenheim Museum in New York. In 1994 the Tate Gallery loaned two Turner paintings insured for £24m to the Schirn Kunsthalle in Frankfurt. “We will not be sending a courier”, Tate director, Sir Nicholas Serota, told the museum, “but as the works have high values we would like a member of your staff to supervise the arrival/depalletisation of the cases at Frankfurt [airport] and their transit to the Schirn Kunsthalle”. In what was clearly an “inside job” the pictures were stolen from the Frankfurt museum and only returned to the Tate in December 2002 after payment of a £3m+ ransom to the thieves in 2000. In December 2010 thieves broke into a warehouse and drove off with a van filled with £5m-worth of works by Picasso, Botero and Eduardo Chillida being returned to Spain from a loan to Germany. Police said that the robbery had all the hallmarks of “an inside job”. Police/Museum/Criminal relationships are a vexed subject. In the February 2001 Art Newspaper, it was reported that Geoffrey Robinson, the former Paymaster General had claimed that the German police had infiltrated the gang (“a group of particularly nasty Serbs”) that had stolen the two Tate Turners, but had “then loused up on the recovery operation”. There are grounds for suspecting a de facto going-rate “reward” of ten or fifteen per cent of a work’s insurance value in order to effect a recovery and avoid a full pay-out.
* This number of cases had been omitted when the post was first published. [With apologies, M. D., 17 November 2013.]


wibble!