Book Review: “The Art of Law: Three Centuries of Justice Depicted” (2017)

Stefan Huygebaert et al (eds.), The Art of Law: Three Centuries of Justice Depicted (Tielt: Lannoo, 2016), 205pp. ISBN9789401440417 RRP £20.

This lavishly illustrated book is related to a recent exhibition at the Groeningemuseum in Brugge, Belgium. The aim of the exhibition was to give an overview of how justice and the workings of the law have been depicted in European high art between the medieval and early modern periods. To this end, the Groeningemuseum displayed paintings from its own collection, such as the fifteenth-century work by Gerard David, Het Oordeel van Cambyses (“The Judgement of Cambyses”), as well as rare manuscripts, books, and artefacts. The exhibition was then supplemented by an academic conference on the theme of law and justice in art which is currently a neglected area of scholarship.[i]

The introduction by Georges Martyn is highly informative, prefacing the ensuing case studies by raising several interesting points about the reason why art and architecture is highly important to the operation of the law:

Throughout history, law and justice have been surrounded by an aura of sacredness. To judge is to exercise power […] in the 19th– and 20th-century courts of law, architecture played a vital role in legitimising authority. With their richly decorated rooms and the impressive robes of the togati, these ‘Temples of Themis’ inspired awe […] Art depicting law and justice helped to legitimise the power of the courts.[ii]

It was recognised at the time that artistic depictions of the law helped to shore up the power of the ruling elites. This is why, after all, many of the paintings displayed at the exhibition were often commissioned by Magistrates and other public officials, and it had become common practice to exhibit these paintings within official buildings.[iii]

The book is divided into a series of case studies by various authors, each of which analyses a particular painting or object and discusses it in its historical context. One interesting essay in the collection is Vanessa Pauman’s discussion of the afore-mentioned Het Oordeel van Cambyses. This painting was commissioned by the Magistrates of Bruges but was not intended to awe offenders with a sense of the power and glory of the workings of the law. Rather, as Paumen points out, it was a moral message for the judges who passed sentences. The painting tells the story of a judge who served the King of Persia. The judge, Cambyses, had been accepting bribes from offenders and thus ‘had tainted his noble profession’.[iv] As punishment, the King ordered Cambyses to be flayed alive, and had his skin to decorate the judges’ chair as a permanent reminder of the sacredness of their profession.

judgment-of-cambyses
The Judgement of Cambyses. Oil on Canvas. Groeninngemuseum.

Additionally, in the medieval and early modern periods, the idea of earthly justice was intertwined with that of divine justice. Societies in those ages were, of course, more religious. While the Last Judgement features heavily in a lot of art, Georges Martyn also picks examines other lesser-known Biblical episodes which featured in a visual representations of justice. For example, Francis Floris I’s The Judgement of Solomon (1547) was exhibited in Antwerp City Hall in order to provide public officials with an example of the difficulties of trying to judge a case when it is a matter of one person’s word against another. Works such as Het Oordeel van Cambyses and The Judgement of Solomon remind us that the representation of justice is not always about aweing commoners into submission.

Other highlights include Jos Monballyu’s discussion of paintings depicting the Flemish jurist, Joos de Damhauder (1507-1581). The man was a ‘celebrity’ public official: the author of a highly influential law treatise entitled Practycke Criminele (1570), and appeared in numerous contemporary prints. Another highlight in the collection of essays is Stefan Huygebaert’s discussion of the uses of the sword in images of justice. The reason that recognisable figures in the iconography of the law carry a sword, we are told, is because such images draw upon images of Christ from the book of revelation. The sword carried by images of Lady Justice symbolises not only a willingness to judge (as Christ does at the Last Judgement), but also a willingness to protect the weak and vulnerable.

The book focuses heavily on paintings and prints, but one thing that could have enhanced this work is if it had discussed more artefacts. Huygebaert and Kristel Van Audenaeren co-author a chapter on a fifteenth century silver sculpture shaped like a fist and called, perhaps unsurprisingly, The Fist of Justice (there appear to be no public domain images of this and therefore I cannot show it). Such pieces were known as ‘penalty pieces’, imposed upon wealthy offenders who had committed violent acts and exhibited in the courtroom for future offenders to see. This was a person’s way of ‘giving something back to society’, so to speak. In spite of the highly interesting history of this and similar objects given by Huygebaert and Audenaeren, however, the subsequent chapters revert to discussing paintings.

floris-last-judgement
Frans Floris, The Judgement of Solomon. Oil on Canvas. Antwerp: Museum von Schone Kunsten.

Although this is an academic book, at twenty pounds it is relatively affordable when compared to the standard monograph price of approximately seventy pounds. The subject matter will render it useful to both researchers and students interested in the visual representation of the law, a sub-discipline of art, crime and legal history that is gaining ground. Moreover, its highly visual content will, furthermore, render the book popular with general readers interested in legal and crime history.


Notes

[i] In Britain, Plymouth University recently held a conference with a similar theme entitled ‘A Time of Judgement: The Operation and Representation of Judgement in 19th Century Cultures’ at which I gave a paper, although the focus at this conference was literature rather than art and material culture.

[ii] Georges Martyn, ‘Divine Judgement, Worldly Justice’ in The Art of Law: Three Centuries of Justice Depicted ed. by Stefan Huygebaert et al (Tielt: Lannoo, 2016), pp.15-28 (p.15).

[iii] Vannessa Pauman, ‘The Skin of the Judge: The Judgment of Cambyses’ in The Art of Law: Three Centuries of Justice Depicted ed. by Stefan Huygebaert et al (Tielt: Lannoo, 2016), pp.81-91 (p.91).

[iv] Ibid.

Oleksa Dovbush (1700-1745): Robin Hood of the Ukraine

[Header Image (c) Internet Library of Ukraine]

While England has given the world the archetypal image of the noble robber in the form of Robin Hood, one of the things that I have been doing recently is to look at other Robin Hood figures from across the world. Oleksa Dovbush (1700-1745) is one such Robin Hood type of figure who flourished in eighteenth-century Ukraine.

A large part of what is now Ukraine during the eighteenth century was a part of the Polish Lithuanian Commonwealth. The Commonwealth was a power to be reckoned with during the sixteenth and seventeenth centuries, but by the period that Dovbush flourished the State was beset by a weak economy. It was also, relatively speaking, a little backward: while states such as the Kingdom of Great Britain had embraced mercantile capitalism and had not been feudal for a long time, the Polish-Lithuanian Commonwealth still was.[i]

It is in such primitive societies (I use the word ‘primitive’ here in Eric Hobsbawm’s sense to describe a state that has not developed beyond the feudal stage of society), that banditry flourishes. If one looks at the history of Eastern and South-Eastern Europe during the early modern period, it will readily be recognised that there were a great many bandits. Haiduks, Robin Hood type outlaws who stole from the rich and gave to the poor, flourished in the Balkans. Like England’s famous medieval outlaw, the haiduk’s deeds were told in the form of ballads that circulated among the peasantry.[ii] The most famous Eastern European bandit, Janosik (1688-1713), who was more of a Rob Roy than a Robin Hood, flourished in Eastern Europe around the same time as Dovbush.[iii]

As with most historical bandits and other marginal figures, little is known of his early life. He was born in 1700 in Pechenizhyn to a very poor family (the family’s property amounted to owning just several sheep, and they had to rent their humble dwelling, known as a komorah, from a local lord). We do not know what drove Dovbush to become an outlaw, or a part of the opryshky, as the records do not tell us. Although the corresponding term to opryshky in English is ‘outlaw’, it signified much more than simply ‘thief’ or ‘robber’: these men were perceived as freedom fighters who challenged the existence of the Polish feudal state. In concert with his brother, Ivan, Dovbush and his men raided Polish noblemen and their retinues along on the narrow ridge off Mount Chornohora.[iv] His weapon of choice was an axe. Like Robin Hood, in all of their exploits he and his men stole from the rich to give to the poor.

As is often the case in feudal societies, the Lords held all the power. While there were undoubtedly a great many good lords, there were, unfortunately, many who abused their powers. Eric Hobsbawm points out one instance where Dovbush and his men attacked the house of a local Polish nobleman named Konstantin Zlotnicky:

He held his hands in the fire and let them burn, poured glowing coals on his skin and refused any ransom. “I have not come for your ransom but for your soul, for you have tortured the people long enough”.[v]

oleksa
Commemorative Ukrainian Print

The monks who recorded this episode noted that this particular nobleman was notorious for his cruelty. As a result of his fight against the Polish nobles, the state sent the army into the region that he was known to flourish in. Yet they could not catch him. There are a number of accounts as to how he was finally caught: some sources say that a woman betrayed him, others say that his brother, Ivan, betrayed him. More likely it is that it was a bounty hunter hired by the nobles who tracked him down and killed him. Apparently, when the bounty hunter found him a fierce fight ensued. This was to be his last fight – Dovbush was killed and his body was cut up into twelve pieces and hung in several places so as to warn off any peasants who might be tempted to follow in his footsteps.[vi]

dovbush-rocks
Dovbush Rocks in the Ukrainian Carpathians

His memory lives on in Ukraine in much the same way that Robin Hood is still known to people in the Western World today. He has become a folk hero. Ballads about him are still sung by the poorer classes, and the Dovbush rocks in the Carpathian mountains, where he and his gang were said to live, are visited by many tourists each year.


References

[i] The history of the region has recently been covered in excellent detail by Paul R. Magocsi, A History of Ukraine: The Land and Its Peoples 2nd Edn. (Toronto: University of Toronto Press, 2010).

[ii] Bodgan Vlad Vatavu, ‘The World of the Haiduks: Bandit Subcultures in the 19th-Century Romania and their Ballads’ Revista de Etnografie Si Folclor / Journal of Ethnography and Folklore Nos. 1-2 (2016), pp.139-164.

[iii] There is little scholarly literature in English for Janosik, so it is best to either read Eric Hobsbawm, Bandits (London: Penguin, 1969) or visit the following website: The Polish Robin Hood [Internet <http://www.krykiet.com/janosik_robin_hood.htm> Accessed 19 February 2017].

[iv] Larisa Failkova, ‘Oleksa Dovbush: An Alternative Biography of the Ukrainian Hero Based on Jewish Sources’ Fabula 52: 1-2 (2011), pp.92-108

[v] Eric Hobsbawm, Bandits rev. ed. (London: Abacus, 2000), p.50.

[vi] Failkova, ‘Oleksa Dovbush’, p.95.

Thomas Dun: A Medieval Pirate & Highwayman

Robin Hood was not the only famous law breaker in medieval times. Alongside Robin Hood were figures such as Adam Bell and the subject of this blog post, the medieval pirate Thomas Dun.

When the word ‘pirate’ is mentioned, many people will have in mind the image of an eighteenth-century pirate: an eye-patch wearing, sabre rattling, and rum-sodden dissolute character. This is an image that was first given to pirates in Captain Charles Johnson’s A General and True History of the Most Notorious Pyrates (1724). It is an image that has gained further traction recently in Disney’s series of films entitled Pirates of the Caribbean (2003, 2006, 2007, and 2011) as well as the television show Black Sails (2014 onwards).

eustacethemonk
The Execution of a Medieval Pirate, Eustace the Monk

But piracy in the medieval period was different from the eighteenth century. Often pirates were merchants who had been permitted, as part of their employment, to plunder foreign ships. The right to plunder foreign ships was granted by the King, providing that the Crown received a portion of the booty. Thus we should think of these pirates more as ‘privateers’ under contract with the monarch, rather than the semi-organised criminal networks that existed in the eighteenth century.[i]

Regarding Thomas Dun, little is known of his life and exploits, but modern-day historians place him during the time of Edward II and the Scottish Wars. Apparently he fought on the side of Robert the Bruce, whose forces were engaged in repelling the English occupation of Scotland.[ii] To place the events of Thomas Dun’s life in terms of people’s understanding of popular culture, then, this man lived shortly after the events of the Mel Gibson movie, Braveheart (1995). The campaign against the English forces occurred in both England and Ireland, and as the Scottish King had no navy to speak of, he employed Dun to ferry Scottish soldiers across the Irish Sea.[iii] There also is another story about him purportedly having raided the port of Holyhead, Wales in 1315.[iv] And that is, in all honestly, the extent of what we know of the man’s life.

As with the lives of so many criminals, however, the details are embellished and their life story becomes something unrecognisable. Thomas Dun’s story was recounted in a number of eighteenth-century criminal biographies such as Alexander Smith’s History of the Highwaymen (1714) and Charles Johnson’s History of the Highwaymen (1734), all of which were written in the eighteenth century, which is over five hundred years after he is said to have lived.

Lincoln B. Faller divides the representation of criminals during the eighteenth century: heroes, in which category belong figures such as Jack Sheppard (1702-1724) and James Mclean (1724-1750); there are also ‘buffoons’, and the type of thieves that belong in this category are men such as John Wheeler, a housebreaker who burgles a house and inadvertently ends up having sex with the mistress of the house. Finally, there is the brute, and into this category belongs killers such as Sawney Beanne and Dun.[v]

Smith and Johnson are at pains to present Dun as the worst type of criminal imaginable. Johnson says that

A man who is not forced from necessity, or a desire of pleasure, to become dishonest, but follows his natural dispositions in robbing and maltreating others, will, generally, be found to be destitute of every humane and generous principle. So will it be found with this character – a person of mean extraction.[vi]

Criminal biographers were never interested in historical facts, evident by the inclusion in their compendiums of the life of that noted robber, Sir John Falstaff. Thus, instead of depicting Dun as a Scottish pirate who flourished during the fourteenth century, he becomes an English highwayman who lived in the reign of Henry I, operating in the latter part of his reign. In fact, Scotland is not mentioned once in these criminal annals. Dun’s haunt is now depicted as being in Bedfordshire where,

He continued to commit many petty thefts and assaults, but judging it safer to associate himself with others, he repaired to a gang of thieves, who infested the country leading from St. Alban’s to Towcester, and they became such a terror.[vii]

Having spent half of his criminal career robbing and plundering in Bedfordshire, he then moved to Yorkshire (so say the criminal biographers), and proceeded to ‘commit many notorious robberies along the river Ouse’.[viii] After this he returned to Bedford and was eventually caught and suffered a gruesome death, according to Smith:

At length, seeing he could not escape and that he must die, he yielded, and then the executioners chopping off each hand at the wrists, his arms were cut off at the elbows, and all above that again within an inch of his shoulders; next his feet were cut off beneath the ankles, his legs chopped off at the knees, and his thighs cut off five inches below the trunk, which after severing his head from was burnt to ashes.[ix]

There is not a more graphic account of execution than this in most of the criminal biographies I have seen. Smith and Johnson’s accounts then both end with saying that the town of Dunstable takes its name from the robber, due to the fact that Henry I built a garrison there. This, however, is pure fiction, and academics have provided more plausible accounts of the town’s etymology:

The English Place Name Society tells us that the first part of the name, dun, means hill, while the second part, originally written as staple, refers to a post, possibly marking a boundary. Dunestaple (or Dunestapel), as it was first called, was therefore the place at the post, or boundary marker, by the hill.  Another theory, while agreeing about the meaning of dun, is that staple comes from the French word for market, estaple, and the name therefore means the market by the hill, or Downs.[x]

While his story continued to appear in some versions of The Newgate Calendar, Thomas Dun appears to have been forgotten about for a while, and his story did not make it into either Charles MacFarlane’s The Lives and Exploits of Banditti and Robbers in All Parts of the World (1833) or Charles Whitehead’s Lives and Exploits Of English Highwaymen, Pirates And Robbers (1834). Curiously, the next literary representation of Dun’s life appears in a comic entitled Crime Must Pay the Penalty (1948).

thomas-dun-comic

As we can see, this is just one instance of how a criminal’s life has been remoulded and readapted throughout the centuries, and how the original historical details, such as Dun being a Scottish pirate, becomes unrecognisable when the details are placed in the hands of various authors who care not for historical facts.


Works Cited

Illustrations from comic taken from: https://pappysgoldenage.blogspot.co.uk/2016/07/number-1923-thomas-dun-undone.html

[i] ‘Piracy in Medieval Europe’ Pirates Through the Ages Reference Library ed. by Jennifer Stock 3 Vols (Farmington Hills, MI: UXL, 2011), 3: 17-34.

[ii] William Rosen, The Third Horseman: Climate Change and the Great Famine of the 14th Century (New York: Viking, 2014), p.120.

[iii] Tim Hodkinson, The Waste Land (Lulu Publishing, 2015), p.6.

[iv] ‘Photo Essay: Thieves, Pirates and Conwy Castle – a trip through medieval Wales’ Irish History Podcast [Internet <http://irishhistorypodcast.ie/photo-essay-thieves-pirates-and-conwy-castle/> Accessed 9 February 2017].

[v] Lincoln B. Faller, Turned to Account: The Forms and Functions of Criminal Biography in Late Seventeenth- and Early Eighteenth-Century England (Cambridge: Cambridge University Press, 1987), p.127.

[vi] Charles Johnson, Lives and Actions of the Most Noted Street Robbers (London, 1734; repr. T. Tegg, 1839), p.81.

[vii] Ibid.

[viii] Alexander Smith, A Complete History of the Lives and Robberies of the Most Notorious Highwaymen ed. by Arthur Heyward 2nd Edn. (London: Routledge, 1933), p.17.

[ix] Smith, Highwaymen, p.19.

[x] Joan Curran, ‘Town History: 12th Century’ Medieval Dunstable [Internet <http://medievaldunstable.org.uk/thistory.html> Accessd 9 February 2017].

Robert Louis Stevenson’s “The Black Arrow” (1888)

Robert Louis Stevenson (1850-1894) is perhaps most famous nowadays for his brilliant novel, The Strange Case of Dr. Jekyll and Mr. Hyde (1886). This post, however, is about a now little-known novel that he authored entitled The Black Arrow, which was originally serialised in Young Folks; A Boys’ and Girls’ Paper of Instructive and Entertaining Literature over four months in 1883, and then published as a single volume five years later in 1888. It is a story about medieval outlaws during the War of the Roses (1455-1487). The novel appears to be a fusion of William Harrison Ainsworth’s Rookwood (1834),[i] and the numerous Robin Hood children’s novels that were being published in the late Victorian period.[ii]

1

Stevenson was probably inspired to set his outlaw novel during the Hundred Years’ War as a result of having Jules Michelet’s Histoire de France (1844). This history situates Robin and his merry men, not in the time of Richard I, a practice which had been popularised by Walter Scott in Ivanhoe (1819), but, as Stevenson does in his novel, between 1455 and 1487. In speaking of Warwick the Kingmaker (a prominent figure in the wars), Michelet writes that he was

The King of the enemies of property, of the plunderers of the borders, and corsairs of the Strait.[iii]

He then goes on to speak about how Robin Hood was one of Warwick’s men:

What is Robin Hood? The outlaw. Robin Hood is naturally the enemy of the man of the law, the adversary of the Sheriff. In the long series of ballads of which he is the hero, we find him first inhabiting the green woods of Lincoln. He is induced to quit them by the French Wars, so he turns his back on the Sheriff and the King’s deer, seeks the sea and crosses it […] All Robin Hood’s companions, all who were under ban of the law, were safe whilst Warwick (either personally or through his brother) was judge of the marches of Calais and Scotland.[iv]

4

Notwithstanding Michelet’s highly suspect scholarship, Stevenson must have been convinced that the time of the wars between Lancaster and York was the perfect period in which to set an outlaw novel. He singles out this passage in his own personal copy of the book.[v] While some of the illustrations by N. C. Wyeth (who worked under Robin Hood author, Howard Pyle, and provided the illustrations to Paul Creswick’s Robin Hood and his Adventures in 1917) in the 1916 edition are clearly supposed to evoke ideas of Robin Hood, The Black Arrow, of course, is not a Robin Hood novel; I suspect (but cannot prove) that the reason Stevenson did not utilise the famous outlaw in his novel is because of the fact that, by the late-Victorian period, the idea that the outlaw flourished during the 1190s has almost become a ‘fact’ in historical writing.

The prologue of the novel is quite sinister, opening with the death by an arrow which is fired out of the forest and directed at a seemingly innocent, harmless and friendly old man named Appleyard in the village churchyard:

An arrow sang in the air, like a huge hornet; it struck old Appleyard between the shoulder blades, and pierced him clean through, and he fell forward on his face among the cabbages.[vi]

The novel evokes the Gothic: family secrets are exposed, past crimes come to light, and as in Ainsworth’s Rookwood, which featured Dick Turpin (1705-1739) it is an outlaw/brigand who is instrumental in exposing these. Immediately after Appleyard’s death, another arrow is fired from afar and lands among the group assembled at the Church. Attached to the arrow is a letter:

I had four blak arrows under my belt,

Four for the greefs that I have felt,

Four for the number of ill menne,

That have opressid me now and then.

One is gone, one is wele sped,

Old Apulyard is ded.

One is for maister Bennet Hatch,

That burned Grimstone, walls and Thatch.

One for Sir Oliver Oates,

That cut Harry Shelton’s throat.

Sir Daniel, ye shall have the fourt,

We shall think it fair sport.

Ye shull each have your own part,

A blak arrow in each blak heart.

Get ye to your knees for to pray:

Ye are ded theeves, by yea and nay!

“John Amend-All. Of the Green Wood. And his Jolly Fellowship.”[vii]

In contrast to Robin Hood and the other outlaw stories that were circulating at this period, which often present a ‘merrie England’ view of the past, it is clear that this is a story of revenge. Among those assembled in the churchyard is Dick Shelton, who is perplexed at the note because it appears to imply that those closest to him, including Sir Daniel, whose ward he is, are responsible for his father’s murder. Upon finding out that his guardian, Sir Daniel, had his father murdered, young Dick teams up with the outlaws to get revenge on the murderous noblemen.

3

While the novel appeared in a children’s magazine and is viewed by academics as a children’s book (and has even been portrayed by the BBC as a kids’ television show), the only “childlike” thing about it is the fact that it features an adolescent protagonist. The novel’s fairly detailed plot recalls earlier highwaymen novels. Finally, while it is not part of the Robin Hood canon of stories, it does deserve a place, if not within, then alongside the study of other Robin Hood texts.


References

[i] R. L. Stevenson, ‘To Edmund Gosse, 9 November 1881’ in The Selected Letters of Robert Louis Stevenson ed. by Ernest Mehew (New Haven: Yale University Press, 1997), pp.197-98; it is known that Stevenson admired Ainsworth (1805-1882), for in a letter to a friend named Edmund Gosse he urged him, while visiting London, to ‘go and see Harrison Ainsworth, and if you do, give him my homage’.

[ii] Examples of these late-Victorian and Edwardian Robin Hood children’s books are numerous, of which a few are named here: Charles Herbert, Robin Hood (London: John F. Shaw [n.d.]); Edward Gilliat, In Lincoln Green: A Story of Robin Hood (London: Seeley & Co. 1897); Stephen Percy, Tales of Robin Hood (London, 1840); Henry Gilbert, Robin Hood and the Men of the Greenwood (London: T. C. & A. C. Jack, 1912).

[iii] Jules Michelet, The History of France Trans. G. H. Smith 2 Vols. (New York: D. Appleton, 1882), 2: 319.

[iv] Ibid.

[v] See the annotated database of Stevenson’s library books at the following website: ‘What Stevenson Read – His Personal Library’ Robert Louis Stevenson Website [Internet <http://robert-louis-stevenson.org/169-robert-louis-stvensons-library/> Accessed 3 February 2017].

[vi] Robert Louis Stevenson, The Black Arrow (London: Cassell, 1888; repr. London: Cassell, 1916), p.9.

[vii] Stevenson, The Black Arrow, p.17.