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This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: • This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. • A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. • This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. • The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. • When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. IMAGES OF JUSTICE IN NORTHERN ITALY, 1250-1400 CLARE SANDFORD-COUCH VOLUME 1 THESIS PRESENTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY THE UNIVERSITY OF EDINBURGH 2014 TABLE OF CONTENTS VOLUME 1 Declaration Abstract Acknowledgments List of Illustrations Introduction 1 Chapter 1: Setting the scene: northern Italy, c. 1250-1400 Introduction 21 1.1 The geopolitics of ‘Italy’ 21 1.2 Political background 22 1.3 The city-states 25 1.4 Contemporary political philosophy 28 1.5 Justice in contemporary political philosophy 29 1.6 The Law 32 1.7 Law in theory - what was the law? 33 1.8 Law in practice – how justice was administered 37 1.9 Prosecution procedure 41 1.10 Legal professionals 45 Conclusion 48 Chapter 2: The intrusion of secular justice into imageries of the divine in northern Italy, c. 1250-1400 Introduction 49 2.1 Hell in the Last Judgment 51 2.2 Margarito of Arezzo: The Virgin and Child Enthroned, with Scenes of the Nativity and the Lives of the Saints 77 Conclusion 108 Chapter 3: Scenes of the Trials in the Passion of Christ, c. 1250-1400 Introduction 110 3.1. Biblical accounts of the Trials of Christ 111 3.2 Early history of the scene 112 3.3 Duecento visual representations of the trials of Christ 116 3.4 Trecento visual representations of the trials of Christ 131 Conclusion 155 Chapter 4: Secular and judicial authority in Northern Italy Introduction 156 4.1 Brutus the Good Judge 158 4.2 The Madonna and Child Enthroned with the Theological and Cardinal Virtues, San Miniato al Tedesco 191 Conclusion 203 Conclusion 207 Appendices Appendix 1: Selected canons of the Fourth Lateran Council, 1215 212 Appendix 2: List of principal Last Judgments in northern Italy, c. 1250-1400 221 Appendix 3: Statutes of the ‘congregazione della Vergine di Arezzo’, 1262 227 Bibliography 242 Declaration This is to certify that the work contained within has been composed by me and is entirely my own work. No part of this thesis has been submitted for any other degree or professional qualification. Signed: ………………………………………………………………………… CLARE SANDFORD-COUCH ABSTRACT This thesis considers some of the ways in which images of justice were used to express and in some cases promote certain aims and aspirations of those who commissioned them, in northern Italy between c.1250-1400, and whether and to what extent this impacted upon their depiction. It explores the question of a sacred/secular distinction in relation to the use and depiction of images of justice, and proposes that certain changes in such images can be read as responses to developments in the law and in the secular justice system. An introduction defines the essential elements of the subject and the main objectives of the thesis. As the thesis takes a social historical perspective, the first chapter provides details to establish the historical context for the following case studies. The main body of the thesis adopts a thematic approach. The second chapter examines the interrelationship of divine and secular justice through an analysis of images depicting the Last Judgment, or referencing its imagery. First it looks at several monumental representations of the Last Judgment, addressing developments in the artistic treatment of the torments of Hell in the context of changes in contemporary legal punishment practices. The chapter then explores further the relationship of earthly punishments and divine imageries, in a work not previously studied as an image of justice. The congruence in these artworks of sacred and secular elements allows a discussion of the interrelationship of these terms in relation to the contemporary conception and practices of justice. Further chapters examine how a new and increasing emphasis on the judge in the prosecution procedure from the early thirteenth century is mirrored in the artistic representation of secular and judicial authority after that period. This is first addressed by analysing images of the trials of Christ as examples of ‘secular’ justice in a religious or ‘sacred’ context, and exploring how contemporary issues relating to the administration of justice contribute to an understanding of changes in the iconography of these scenes. A fourth chapter addresses images more overtly associated with secular and judicial authority, offering a new perspective on these images as expressions of contemporary societal interests, many arising from the justice system, leading to their use as exemplars, to guide and inform. The thesis contributes to the debate on the distinction between the terms ‘sacred’ and ‘secular’ in the late medieval period, exploring how analysing artworks can lead to a better and more nuanced appreciation of the application of those terms in relation to the contemporary notion of justice. Further, my research has indicated that what could account most comprehensively for certain changes in the use and depiction of such images may be found in specific aspects of a justice system in transition. ACKNOWLEDGEMENTS First and foremost, I should like to thank my principal supervisor, Dr Claudia Bolgia, whose knowledge, support, and encouragement have been impressive and invaluable; without her seemingly inexhaustible reserves of patience, this thesis would never have been completed, nor my research as enjoyable. I also thank Dr Tom Tolley, for reading and commenting on my thesis, and for his calm words of encouragement. Funds for travel costs were provided by the University of Edinburgh, which enabled me to undertake research in Italy; my thanks are recorded here. I have received advice and support from numerous scholars, friends, and colleagues, unfortunately too many to mention each by name. My particular thanks go to Dr Luca Palozzi, who brought the fresco in San Miniato to my attention, and provided the images and the translation of the inscriptions; to the Società Dantesca Italiana, who allowed me to study and photograph the frescoes in their premises in Florence; and to Jill Harrison, who kindly shared with me her images and thoughts on the Arte della Lana fresco. In addition, chapter 2 benefitted from discussion and comments received on papers presented at the Medieval Art Research Seminar (University of Edinburgh, March 2011) and the Trecento Seminar (University of St. Andrews, May 2011). I also acknowledge the many museums, libraries, and galleries which have been generous in answering queries and supplying images for my research; they are mentioned – with thanks - in the appropriate sections. My colleagues at Northumbria School of Law deserve my gratitude, not only for reducing my teaching in 2012/13 to enable me to focus on writing up, but also for their continued encouragement and expressions of interest in my research – an impressive feat over several years. Finally, as always, my thanks to my family for their constant love and support; and also to Michael, for bearing with me, and this thesis – my deepest thanks, and a promise: “no more churches”. LIST OF ILLUSTRATIONS Figure 1. Map of geopolitical regions of Italy, c.1250-1400. 2. Anonymous, Last Judgment. Mosaic (twelfth-thirteenth century), Torcello Cathedral a. Detail, Hell. 3. Nicolaus and Johannes, Last Judgment. Painted panel (dating uncertain; second half of twelfth century), Oratory of S. Gregorio Nazianzeno, Rome; now in the Pinacoteca Vaticana (cat. 40526) 4. Anonymous, Last Judgment. Sculpted relief (c.1200), tympanum and lintel, west portal, the Baptistery, Parma. 5. Nicola Pisano, Last Judgment. Sculpted pulpit relief (c.1255-1260), Baptistery, Pisa. 6. Nicola Pisano, Hell. Sculpted pulpit relief (c.1265-68), Duomo, Siena. 7. Giovanni Pisano, Last Judgment. Sculpted pulpit relief (c.1298-1301), S. Andrea, Pistoia 8. Giovanni Pisano, Last Judgment. Sculpted pulpit relief (1310), Duomo, Pisa. 9. Anonymous, Hell. Fresco (c.1322), west wall, Magdalene Chapel (Cappella del Podestà), Museo Nazionale del Bargello, Florence 10. Attributed to Traini, ‘Master of the Triumph of Death’, or Buonamico Buffalmaccio. Last Judgment. Fresco (c.1330s), Campo Santo, Pisa. a. Detail, Hell. b. Detail, Hell. Sinners beheaded; sinners hanged upside down c. Detail, Hell. Sinner flayed d. Detail, Hell. Sinners eviscerated e. Detail, Hell. Sinners impaled f. Detail, Hell. Sinners in pot (bolgia) g. Detail, Hell. Sinners screaming h. Detail, Hell. The Damned i. Detail, Hell. The Damned 11. Attributed to Andrea Orcagna (?), Last Judgment. Fresco (c.1350?) Santa Croce, Florence. 12. Taddeo di Bartolo, Hell. Fresco (1393), Collegiate Church, San Gimignano a. Detail, sinners force-fed; sinners whipped b. Detail, sinner and scorpions 13. Giotto, Last Judgment. Fresco (1304-13), west wall, Arena (Scrovegni) Chapel, Padua a. Detail, Hell b. Detail, sinners in Hell 14. Nardo di Cione, Last Judgment. Fresco (1350s), Strozzi Chapel, Santa Maria Novella, Florence a. Detail, Hell 15. Giusto de Menabuoi, Last Judgment. Fresco (c.1350s), west wall, Viboldone Abbey, Milan a. Detail, Hell b. Detail, sinners hanging c. Detail, sinners in mitres 16. Anonymous, Last Judgment. Mosaic (c. latter half thirteenth century), Baptistery, Florence a. Detail, Hell b. Detail, sinners in Hell 17. Ambrogio Lorenzetti, Allegory of Good and Bad Government and the Good City.