Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest, note of case hearing on Wednesday 4th December: Romano-British Mosaic (Case 16, 2019-20)

Application

1. The Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest (RCEWA) met on Wednesday 4th December to consider an application to export a Romano-British mosaic. The value shown on the export licence application was £135,000 which represented the agreed sale price. The expert adviser had objected to the export of the mosaic under the first, second and third Waverley criteria on the grounds that its departure from the UK would be a misfortune because (i) it was so closely connected with our history and national life (ii) it was of outstanding aesthetic importance and (iii) it was of outstanding significance for the study of Romano-British art and history.

2. All of the regular eight RCEWA members were present and were joined by two 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 mosaic to be displayed for fundraising.

Expert’s submission

4. The expert adviser had provided a written submission stating that the item under consideration was a fragment of a Roman mosaic pavement removed from the Roman villa at Dewlish, Dorset. It consisted of four rectangular panels framed by bands of twisted guilloche. On one side part of the tessellated zone, bordering the pavement, remains. The fragment retains parts of three panels from the frame around the main design, together with a small area of the large central panel that has otherwise been totally destroyed. Of the border panels, one, which would have occupied the corner of the room, was filled with a knotted guilloche. Next to it was a well-preserved panel giving a spirited rendering of a leopard pouncing on the back of an antelope in full flight: blood drips from the wounded prey.

5. The mosaic had strong similarities to other fourth century mosaics found in the region around the Roman town of Dorchester. This led mosaic experts to ascribe them to a Durnovarian School of mosaic workers. Notable examples were the Hinton St Mary mosaic with its strong Christian iconography and the mosaics from Frampton also incorporating Christian symbols.

6. The Dewlish fragment was part of an elaborate mosaic composition much of which had been destroyed. Apart from one much smaller piece, in the Dorchester County Museum, the rest of the surviving floor remained in its original position. The fragment offered for sale was of crucial importance to an understanding the whole.

7. The mosaic occupied the principal reception room in a luxurious villa belonging to a member of the Romano-British elite. As such it would have been chosen by him to express his values and beliefs to the clients and peers who visited. By analysing this floor, in the context of the few surviving contemporary floors, we were better able to understand the aspirations and education of the country landowners who held power in the final decades of the Roman era.

8. The mosaic was probably the work of the Durnovarian School whose output was known at only about ten sites clustering around Dorchester. The Durnovarian School was one of four regional schools recognized to be at work in Britain in the fourth century. To understand the process by which mosaics were designed and executed by these masters and their co-workers detailed comparative studies need to be made. The mosaic found at Dewlish was of direct relevance to this debate.

9. Most of the mosaics assigned to the Durnovarian School had been reburied or destroyed, significant exceptions being the floor from Hinton St Mary (to be displayed in the Dorset County Museum with the central roundel in the British Museum) and parts of floors from Hemsworth shared between the Dorset County Museum and the British Museum. The Dewlish fragment was, therefore, of enhanced significance.

Applicant’s submission

10. The applicant had stated in a written submission that they did not consider that the mosaic met any of the three Waverley criteria.

11. Regarding the first criterion, the applicant stated that the items connection to our history and national life was lessened by their being many other examples from this period and geographical area, including those ‘lifted’ from their original site and still in-situ, the latter either being on display or covered for later study.

12. Regarding the second criterion, the applicant stated that it was not of outstanding aesthetic importance as it was an incomplete fragment and on the courser side of this particular style and type of mosaic. Furthermore, there were other substantial sections from the Dewlish Roman Villa, albeit from a different room within the complex, on public display.

13. Regarding the third criterion, the applicant stated that the most famous of all Durnovaria mosaics was that from Hinton St Mary, held by the British Museum. The applicant noted that the national holding of Durnovaria mosaics was well represented and that the mosaic under consideration would not add to the discussion of this branch of art, learning or history.

Discussion by the Committee

14. The expert adviser and applicant retired and the Committee discussed the case. It was agreed that, while other Durnovarian school mosaics were in private collections, there were few mosaics of this quality containing figurative elements such as this. As a fragment of a documented larger work, this mosaic was exceptional. Furthermore, it was felt that the sheer scale of the mosaic should not be underestimated. Produced by a British school whose impact on the Romano-British artistic tradition was still being explored, the Committee agreed that the mosaic was closely connected with our history and national life.

15. The workmanship on the panel was found to be exceptional, depicting an active scene of a leopard and an antelope locked in battle. Unusual in a British context, the Committee felt that the piece contributed to the debate on the transmission of cultural ideas in Roman Britain. The Committee also considered it significant that the mosaic was only a fragment of a larger work of art, produced during a period of remarkable development in Romano-British villas.

16. The Committee discussed the materials and methods used to create the Dorchester mosaics and the context in which they were created. It was felt that there was a great deal of academic research still to be undertaken. It was not clear whether the same materials were used for this mosaic and the Hinton St Mary mosaic. It was widely agreed that there was much to be learned from technical analysis and further study of the object.

Waverley Criteria

17. The Committee voted on whether the mosaic met the Waverley criteria. Of the 10 members, eight voted that it met the first Waverley criterion. Seven members voted that it met the second Waverley criterion. Ten members voted that it met the third Waverley criterion. The mosaic was therefore found to meet the first, second and third Waverley criteria for outstanding significance to the study of Romano-British art and history

Matching offer

18. The Committee recommended the sum of £135,000 (net of VAT) as a fair matching price.

Deferral period

19. 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, the Arts Council received notification of a serious intention to raise funds with a view to making an offer to purchase the mosaic, the Committee recommended that there should be a further deferral period of three months.

Communication of findings

20. The expert adviser and the applicant returned. The Chairman notified them of the Committee’s decision on its recommendations to the Secretary of State.

21. The applicant was asked if the mosaic was the same as was mentioned in the listing of Dewlish House which is listed Grade 1 and, if so, whether Listed Buildings Consent (LBC) had been obtained for its removal prior to its sale at auction. They replied that they thought it might be and they had supplied a clear Art Loss Register search certificate. It was pointed out that this did not specify listings and that any recommendation to the Secretary of State could not be made until after the question of LBC had been clarified.

22. The expert adviser agreed to act as champion if a decision on the licence was deferred by the Secretary of State.

Post-meeting

23. Dorset Council and Historic England confirmed that, notwithstanding the historical importance of the Mosaic or that it had been placed in the house to be seen when the house was open to the public, they considered the Mosaic to be an ornament, and the purpose of its annexation to be for the better enjoyment of the object itself, and consequently a chattel. Therefore, Listed Building Consent had not been required for its removal.

24. Subsequently, 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.