Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest: Note of case hearing on 5 October 2011: A sculpture by John Nost the Elder, The Crouching (Case 5, 2011-12)

Application

1. The Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest (RCEWA) met on 5 October 2011 to consider an application to export a sculpture by John Nost the Elder, The Crouching Venus. The value shown on the export licence application was £485,000, which represented an estimated price. The expert adviser had objected to the export of the sculpture under the first and third Waverly criteria i.e. on the grounds that it was so closely connected with our history and national life that its departure would be a misfortune and that it was of outstanding significance for the study of 18th century sculpture.

2. The eight regular RCEWA members present were joined by three independent assessors, acting as temporary members of the Reviewing Committee.

3. The applicant confirmed that the value did not include VAT and that VAT would be payable in the event of a UK sale. The applicant also confirmed that the owner understood the circumstances under which an export licence might be refused and that, if the decision on the licence was deferred, the owner would allow the sculpture to be displayed for fundraising.

Expert’s submission

4. The expert had provided a written submission stating John Nost the Elder was an exceptional sculptor about whom relatively little was known. He came to Britain from Malines (Mechelen) and worked in London alongside the Netherlandish sculptor Arnold Quellin in the 1680s. He was the leading member of a sculptural dynasty and had a seminal influence on British sculpture of the18th century. He combined traditions that derived from 17th century Netherlandish sculpture with classical forms that ultimately stemmed from Rome.

5. The Venus was an extraordinarily early instance in Britain of a monumental freestanding mythological sculpture carved in a classical style some years before the Grand Tour became fashionable. After an antique prototype of the Crouching Venus, the sculpture gave a glimpse of the sophisticated level of patronage of the wealthy gentry in Britain at the start of the 18th century. Furthermore, it suggested the way in which the interiors of country houses were adorned with sculpture. The expert stated that the Venus was a remarkable instance of Nost’s assured carving of marble and was a rare surviving example of a classical subject by the artist. The idealised beauty of the figure, as well as the graceful serpentine pose, recalled Giambologna’s work of a century before. 6. The condition of the marble appeared to be good since the figure seemed never to have been displayed outside; however, there were some pock marks visible on the surface .The fingers of the left hand were partly missing and partly later replacements. Additionally, the corners at the back of the plinth were cut away, probably so that it could be accommodated in a niche of the later entrance hall.

7. The expert stated that Nost was probably commissioned to make the Crouching Venus by the statesman and lawyer Andrew Archer (1659-1751) for the entrance hall of Umberslade Hall, Warwickshire. It was apparently originally paired with a statue of Apollo, perhaps a version of the Apollo Belvedere, now lost. It was thought to have remained at Umberslade Hall throughout the 18th century. The Hall was then sold to the Muntz family in 1858 who remodelled the entrance hall and therefore changed the placement of the sculpture. The statue stayed in the possession of the Muntz family until it was sold to its present owner in 2007.

Applicant’s submission

8. The applicant had stated in a written submission that they did not disagree that the sculpture met the Waverley criteria.

Discussion by the Committee

9. The expert adviser and applicant retired and the Committee discussed the case. There was a discussion as to whether this was the earliest example of an accurate archaeological sculpture, derived from the antique, made for an English client as opposed to one employing classical themes. It was generally agreed that it was significant for its early date of manufacture and that there was further research that could be undertaken. Some Committee members suggested that the sculpture may have spent a period of time outside. It was noted that the figure was carved out of more porous marble than that of the accompanying plinth. The Committee discussed how the figure appeared to be a copy of the antique Crouching Venus in the (on loan to the ). Originally in the collection of the Gonzaga family the Lely Venus formed part of the collection of Charles I (before its dispersal), and was eventually returned to Charles II from the collection of Sir Peter Lely. The sculpture’s interest was considerably enhanced by its being not only a very early antique copy but also a copy of an admired antique already in the UK.

Waverley Criteria

10. The Committee voted on whether the sculpture met the Waverley criteria. No members voted that it met the first Waverley criterion. No members voted that it met the second Waverley criterion. All eleven members voted that it met the third Waverley criterion. The sculpture was therefore found to meet the third Waverley criterion that was of outstanding significance for the study of English 18th century sculpture.

Matching offer

11. The Committee recommended the sum of £485,000 (net of VAT) as a fair matching price.

Deferral period

12. The Committee agreed to recommend to the Secretary of State that the decision on the export licence should be deferred for an initial period of two months. If, within that period, Arts Council England received notification of a serious intention to raise funds with a view to making an offer to purchase the sculpture, the Committee recommended that there should be a further deferral period of four months.

Communication of findings

13. The expert adviser and the applicant returned. The Chairman notified them of the Committee’s decision on its recommendations to the Secretary of State. The applicant confirmed that the owner would accept a matching offer at the price recommended by the Committee if the decision on the licence was deferred by the Secretary of State.