Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest: Note of case hearing on 13 th April 2011: A painting by Nicolas Poussin, Ordination (Case 15, 2010-11)

Application

1. The Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest (RCEWA) met on 13 th April 2011 to consider an application to export a painting by Nicolas Poussin, Ordination . The value shown on the export licence application was £15,000,000, which represented the agreed sale price. The expert adviser had objected to the export of the painting under the first, second and third Waverley 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, that it was of outstanding aesthetic importance and that it was of outstanding significance for the study of Poussin and the study of the development of the history of western art.

2. The 6 regular RCEWA members present were joined by 3 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 not 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 painting to be displayed for fundraising.

Expert’s submission

4. The expert had provided a written submission stating that the painting, part of Poussin’s first set of seven Sacraments, was brought to the United Kingdom in 1785 having been acquired by the 4 th Duke of Rutland. The paintings were subsequently placed on display in Belvoir Castle and passed by descent through the family. One painting in the set, Penance , was destroyed by fire in 1816. Baptism was sold and now belongs to the National Gallery of Art, Washington. The remaining five paintings (including Ordination ) were recently displayed at the National Gallery, London. Shortly after the paintings’ arrival in England the President of the Royal Academy, Sir Joshua Reynolds, arranged for them to be exhibited in the Council Room of the Academy, to the delight and admiration of those attending the London social season in 1787. They have formed a major part of the national heritage ever since and a further loss from this remarkable set would be highly regrettable. Remarkably, Poussin’s entire second set of the Sacraments, painted for Chantelou,1644-8, is also in this country, on loan since 1945 from the Bridgewater Collection at the National Gallery of Scotland in Edinburgh

5. Painted between 1636-42 for the great scholar and patron of the arts, Cassiano dal Pozzo, these paintings embodied an intellectual curiosity and rigour of approach typical of Poussin, the founder of the classical tradition in French art which stretched from Charles Le Brun in the seventeenth century to the highly ordered compositions of Cezanne at the end of nineteenth. He stated that Ordination was unquestionably of outstanding aesthetic importance.

6. The first set of Sacraments has long been recognised as one of the most remarkable series of paintings in the history of western art and is of major significance for its study and appreciation. There was no known precedent for Poussin’s decision to depict each of the Sacraments in a separate scene and the artist showed remarkable innovation by placing these schemes, by virtue of their costume and settings, within the context of the early Christian church. The series was also of great interest for the study of Christianity itself reflecting the ruling of the Council of Trent of 1563; which stated that there were seven sacraments in total.

Applicant’s submission

7. The applicant had stated in a written submission that they agreed that the item met the second and the third of the Waverley criteria.

Discussion by the Committee

8. The expert adviser and applicant retired and the Committee discussed the case. They considered the merits of the painting in relation to other works by the artist and in particular to those contained in the second set of the Sacraments painted by Poussin, 1644 -1648, now part of Bridgewater Collection on loan at the National Galleries of Scotland in Edinburgh. The Committee found that the painting Ordination – quite apart from its place within the Cassiano del Pozzo set of Sacraments - was an excellent example of Poussin’s work, in good condition and that it exhibited a series of fine glazes and demonstrated the artist’s skill as a brilliant colourist. It also noted that the painting was possessed of a particularly successful and harmonious composition.

Waverley Criteria 9. The Committee voted on whether the painting met the Waverley criteria. Six members voted that it met the first Waverley criterion with three voting against. All nine members voted that it met the second Waverley criterion and all nine members voted it met the third Waverly criterion. The painting was therefore found to meet first, second and third Waverley criteria, i.e. that it was so closely connected with our history and national life that its departure would be a misfortune; that it was of outstanding aesthetic importance; that it was of outstanding significance for the study of Poussin and the study of the development of the history of western art.

The Committee also recommended that the painting be given a starred rating, meaning that every possible effort should be made to raise enough money to keep it in the country.

Matching offer

10. The Committee recommended the sum of £15,000,000 as a fair matching price.

Deferral period

11. 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 three months. If, within that period, MLA received notification of a serious intention to raise funds with a view to making an offer to purchase the painting, the Committee recommended that there should be a further deferral period of six months.

Communication of findings

12. 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.