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 1 What is jurisdiction?
2 Jurisdiction in personam
3 Jurisdiction in rem
4 Objectives
4.1 Conflicting judgments
4.2 Enforcement
4.3 Keeping the parties to their agreements
4.4 Wasting time and resources
4.5 Offending foreign States
4.6 Fairness to the defendant
4.7 Countervailing considerations
5 Principles of jurisdiction in personam
6 Principles of jurisdiction in rem
Further reading

3 Jurisdiction under EU law

1 Background
2 Origin of Brussels 2012
3 The Lugano Convention
4 Basic principles
5 Defendants from third countries
6 Domicile
6.1 Area of domicile
6.2 Domicile of natural persons (individuals)
6.3 United Kingdom rules of domicile (individuals)
6.4 Domicile of legal persons (corporations)
6.5 The role of domicile
7 Jurisdiction irrespective of domicile
8 Which instrument applies?
9 Subject-matter scope
9.1 What law decides?
LTU v. Eurocontrol

8
 9.2 Applying the test
Netherlands v. Rüffer
Gemeente Steenbergen v. Baten
Commissioners for Revenue & Customs v. Sunico
9.3 Interim remedies
Realchemie Nederland v. Bayer CropScience
Further reading
General works on the Brussels Convention, the Brussels Regulation and
the Lugano Convention

4 EU law: special jurisdiction

1 Article 7
1.1 Contracts
1.1.1 When does a claim relate to a contract?
Brogsitter v. Fabrication de Montres Normandes
Handte v. TMCS
1.1.2 The place of performance
1.1.3 The obligation in question
1.1.4 The revised version of Article 7(1)
Rehder v. Air Baltic Corporation
Car Trim v. KeySafety Systems
Falco Privatstiftung and Rabitsch
Corman-Collins v. La Maison du Whisky
1.1.5 Contracts not covered by Article 7(1)
1.2 Tort
1.2.1 The ‘harmful event’
Bier v. Mines de Potasse d'Alsace
Marinari v. Lloyds Bank
1.2.2 Declarations of non-liability
Folien Fischer v. Ritrama
1.2.3 Internet torts
Pinckney v. Mediatech

9
 1.3 Branches, agencies and other establishments
1.3.1 What constitutes a branch, agency or other establishment?
1.3.2 What disputes are covered?
Lloyd's Register of Shipping v. Campenon Bernard
Anton Durbeck v. Den Norske Bank
2 Multiple parties
Reisch Montage v. Kiesel Baumaschinen
3 Counterclaims
4 Weak parties
4.1 Employment contracts
5 Exclusive jurisdiction
5.1 Scope
5.1.1 Immovable property
Webb v. Webb
Weber v. Weber
5.1.2 Companies
Berliner Verkehrsbetriebe (BVG) v. J P Morgan Chase Bank
5.1.3 Registered intellectual-property rights
Duijnstee v. Goderbauer
Gesellschaft für Antriebstechnik (GAT) v. Lamellen und
Kupplungsbau Beteiligungs (LuK)
5.2 Non-member States
6 Procedure
7 Conclusions
Further reading

5 The traditional English rules

1 Introduction
2 Service of the claim form
Colt Industries Inc. v. Sarlie
Maharanee of Baroda v. Wildenstein
3 Service on a company

10
 3.1 Introduction
3.2 Company's own office
Dunlop Pneumatic Tyre Co. Ltd v. A. G. Cudell & Co.
South India Shipping v. Bank of Korea
3.3 Acting through an agent
Adams v. Cape Industries
3.4 Subsidiaries
3.5 Conclusions
4 Service outside the jurisdiction
4.1 Introduction
4.2 Contracts
4.2.1 Contract made within the jurisdiction
4.2.2 Made by or through an agent trading or residing within the
jurisdiction
4.2.3 Governed by English law
4.2.4 Choice-of-court clause
4.2.5 Breach committed within the jurisdiction
4.2.6 Declaration that no contract exists
4.3 Tort
Metall und Rohstoff v. Donaldson Lufkin & Jenrette
4.4 Multiple parties
4.5 Weak parties
5 Jurisdiction by consent
6 Exclusive jurisdiction
7 Conclusions
Further reading

6 Developments in Canada
1 Introduction
2 Ontario
3 Personal-injury tort cases in the Ontario Court of Appeal
Muscutt v. Courcelles

11
 Gajraj v. DeBernardo
Lemmex v. Sunflight Holidays Inc.
4 Uniform law
5 Personal-injury tort cases in the Supreme Court of Canada
Club Resorts Ltd v. Van Breda
6 Conclusions
Further reading

7 US law: an outline
1 The US legal system
1.1 Federal jurisdiction
1.2 Applicable law
1.2.1 State courts
1.2.2 Federal courts
2 International jurisdiction
2.1 State courts
2.1.1 The ‘minimum contacts’ doctrine
International Shoe Co. v. State of Washington
2.1.2 Specific jurisdiction
World-Wide Volkswagen Corporation v. Woodson
2.1.3 General jurisdiction
Helicopteros Nacionales de Colombia v. Hall (‘Helicol’ case)
2.1.4 Transient jurisdiction
Burnham v. Superior Court of California
2.2 Federal courts
United States of America v. Swiss American Bank
3 Venue
4 The United States and Europe compared
4.1 Cases where European jurisdiction is more extensive
4.2 Cases where American jurisdiction is more extensive
4.2.1 Individuals
4.2.2 Companies

12
 4.3 Assessment
5 Conclusions
Further reading

8 Choice-of-court agreements
1 Introduction
1.1 Court specified
1.2 Exclusive jurisdiction
1.3 Asymmetric choice-of-court agreements
1.4 Proceedings covered
2 The European Union
2.1 Introduction
2.2 Consent and form
2.2.1 Sub-paragraph (a)
Berghoefer v. ASA
2.2.2 Sub-paragraph (b)
2.2.3 Sub-paragraph (c)
Mainschiffahrts-Genossenschaft eG v. Les Gravières Rhénanes
2.2.4 Electronic communications
2.2.5 Relationship with Article 7(1)
2.3 Choice-of-court agreement in the constitution of a company
2.4 Substantive validity
Elefanten Schuh v. Jacqmain
2.5 Effect on third parties
2.6 Insurance contracts, consumer contracts and employment contracts
2.7 The Union and the outside world
2.8 Conclusions
3 England
3.1 The general principle
The Fehmarn
The Eleftheria
3.2 No fair trial

13
 Carvalho v. Hull Blyth Ltd
3.3 Mandatory rules
3.4 Conclusions
4 The United States
M/S Bremen v. Zapata Offshore Company
Carnival Cruise Lines v. Shute
Vimar Seguros v. M/V Sky Reefer
5 The Hague Choice-of-Court Convention
6 Conclusions
Further reading

9 Jurisdictional conflicts: the common-law approach

1 Introduction
2 England
2.1 Forum non conveniens
2.1.1 Historical development
2.1.2 The modern law
Spiliada Maritime Corporation v. Cansulex
2.1.3 No fair trial in the foreign country
Altimo Holdings v. Kyrgyz Mobil Tel Ltd
2.1.4 Conclusions
2.2 Antisuit injunctions
2.2.1 When injunctions will be granted
Société Nationale Industrielle Aérospatiale v. Lee Kui Jak
2.2.2 The natural forum
2.2.3 Conflicting injunctions
2.2.4 Conclusions
3 The United States
3.1 Forum non conveniens
Piper Aircraft v. Reyno
3.2 Antisuit injunctions
4 Conclusions

14
 Further reading

10 Jurisdictional conflicts: the EU approach

1 Lis pendens
1.1 The same cause of action
Gubisch Maschinenfabrik v. Palumbo
1.2 The same parties
1.3 Related proceedings
1.4 Proceedings in non-member States
1.5 Conclusions
2 Forum non conveniens
Owusu v. Jackson
3 Antisuit injunctions
Turner v. Grovit
4 Choice-of-court agreements and the ‘Italian torpedo’
5 Arbitration and the Brussels I Regulation
5.1 Brussels 2012
5.1.1 The Regulation does not apply to arbitration
5.1.2 Relationship with the New York Convention
5.1.3 Recital 12
5.2 What is excluded?
5.2.1 Appointment of arbitrators
Marc Rich v. Società Italiana Impianti
5.2.2 Provisional (interim) measures in support of arbitration:
asset-freezing orders
Van Uden v. Deco Line
5.2.3 Antisuit injunctions
Allianz v. West Tankers
5.2.4 Damages for bringing proceedings in another Member State
5.3 Recognition of judgments and awards
5.4 Conclusions
Further reading

15
11 Special topic I: product liability
1 England
Distillers Co. v. Thompson
Castree v. Squibb Ltd
2 Canada
Moran v. Pyle National (Canada) Ltd
3 The United States
Asahi Metal Industry v. Superior Court of California
McIntyre Machinery v. Nicastro
4 The European Union
Zuid-Chemie v. Philippo's Mineralenfabriek
Kainz v. Pantherwerke
5 Conclusions

12 Special topic II: Defamation

1 Introduction
2 EU law
2.1 The general rule
Shevill v. Presse Alliance
2.2 The Internet
eDate Advertising v. X
3 English law
3.1 The traditional view
Berezovsky v. Michaels
3.2 The application of the traditional view to the Internet
King v. Lewis
3.3 Defamation and free speech
3.4 The American reaction
3.5 The Defamation Act 2013
Further reading

16
 Part III
Foreign Judgments
13 Introduction to Part III
1 Principles
2 Recognition and enforcement
3 Theories
4 Giving effect to a judgment
5 Res judicata and estoppel
Further reading

14 EU law
1 Introduction
2 Principles
3 Jurisdiction of the court of origin
3.1 Four exceptions
3.2 Exclusive jurisdiction: non-member States
3.3 Conventions with non-member States
4 Judgments outside the scope of the Regulation
5 Public policy
Krombach v. Bamberski
Gambazzi v. DaimlerChrysler Canada Inc.
6 Conflicting judgments
6.1 Judgments from the State addressed
6.2 Judgments from another State
6.3 Judgments outside the scope of the Regulation
Hoffmann v. Krieg
7 Conflicts with an arbitration award
8 Provisional measures
9 Choice-of-court agreements
10 Arbitration agreements

17
 11 Fraud
12 Default judgments
12.1 When does time begin to run?
12.2 Bringing proceedings to set the default judgment aside
ASML Netherlands v. Semiconductor Industry Services (SEMIS)
Apostolides v. Orams
12.3 Giving reasons in the default judgment
Trade Agency v. Seramico Investments
12.4 Conclusions
13 Rulings on jurisdictional issues
Gothaer Allgemeine Versicherung v. Samskip
14 Conclusions
Appendix: principal grounds on which recognition may be refused
Further reading

15 English law: jurisdiction

1 Theoretical basis for recognition and enforcement
2 Legislation
3 Jurisdiction
3.1 Home-court jurisdiction
3.1.1 Individuals
Adams v. Cape Industries
Richman v. Ben-Tovim
3.1.2 Corporations
Vogel v. Kohnstamm Ltd
3.2 Claim-based jurisdiction
3.3 Submission
3.4 Exceptions
3.5 Conclusions
Further reading

16 English law: defences

18
 1 Fraud
Owens Bank v. Bracco
Owens Bank Ltd v. Fulvio Bracco and Bracco Industria Chimica SpA
2 Public policy, natural justice and human rights
3 Taxes, penalties and other rules of public law
Huntington v. Attrill
United States of America v. Inkley
4 Conflicting judgments
5 Res judicata and issue estoppel
The Sennar (No. 2)
5.1 English law or EU law?
5.2 Judgment for the claimant
Further reading

17 The Canadian conflicts (judgments) revolution

1 Jurisdiction of the foreign court
Morguard Investments Ltd v. De Savoye
2 Enforcement of non-money judgments
Pro Swing Inc. v. Elta Golf Inc.
3 Conclusions
Further reading

18 US law: some highlights

1 Reciprocity
2 Uniform legislation
Bank of Montreal v. Kough
Appendix: foreign-judgment recognition legislation (UK and US)
Major heads of jurisdiction of the foreign court
Other requirements and defences
Further reading

19
 Part IV
Procedure
19 Freezing assets
1 Introduction
2 Procedure
Third Chandris Shipping Corporation v. Unimarine SA
3 Third parties
Z Ltd v. A–Z
4 Jurisdiction
5 Worldwide orders
5.1 Worldwide orders in aid of foreign proceedings
Crédit Suisse Fides Trust SA v. Cuoghi
Motorola Credit Corporation v. Uzan (No. 2)
5.2 Worldwide orders and third parties
Derby & Co. Ltd v. Weldon (Nos. 3 and 4)
Bank of China v. NBM LLC
5.3 Conclusions
6 Commonwealth countries
7 The United States
Grupo Mexicano de Desarrollo SA v. Alliance Bond Fund Inc.
United States v. First National City Bank
8 The European Union
8.1 Jurisdiction over the substance
Denilauler v. Couchet Frères
8.2 No jurisdiction over the substance
Van Uden v. Deco Line
Mietz v. Intership Yachting Sneek
8.3 Enforcing a judgment from another Member State
Banco Nacional de Comercio Exterior SNC v. Empresa de
Telecomunicaciones de Cuba SA

20
 8.4 When does the Regulation apply?
8.4.1 Subject-matter scope
8.4.2 Judgment in another Member State
8.4.3 No judgment in another Member State
8.4.4 A court of another Member State is seised first
8.4.5 No other Member State court is seised
8.4.6 Conclusions
Further reading

20 Obtaining evidence abroad: forum procedures

1 Evidence from parties to the proceedings
1.1 England
Lonrho Ltd v. Shell Petroleum Co. Ltd
1.2 United States
Société Internationale v. Rogers
2 Evidence from third parties
2.1 England
Bankers Trust Co. v. Shapira
Mackinnon v. Donaldson, Lufkin & Jenrette Securities Corporation
Altertext Inc. v. Advanced Data Communications Ltd
2.2 The United States
In re Grand Jury Proceedings Bank of Nova Scotia
3 Foreign proceedings
X AG v. A Bank (also known as X, Y and Z v. B)
4 Conclusions
Further reading

21 Obtaining evidence abroad: international co-operation

1 Introduction
2 England
2.1 ‘Fishing expeditions’
In re Asbestos Insurance Coverage Cases

21
 2.2 Civil or commercial matters
In Re State of Norway's Application
2.3 Protecting national sovereignty
Westinghouse Electric Corporation Uranium Contract Litigation
Westinghouse Electric Corporation v. Duquesne Light Co.
3 The United States
4 England: initiative by a party
South Carolina Insurance Co. v. Assurantie Maatschappij ‘de Zeven
Provincien’ NV
5 The Hague Convention: a blocking device?
Société Nationale Industrielle Aérospatiale v. United States District
Court for the Southern District of Iowa
6 Conclusions
Further reading

Part V
Choice of Law
22 Introduction to choice of law
1 Why apply foreign law?
2 Traditional choice-of-law theory
2.1 The methodology of categorization
2.2 Substance and procedure
2.3 Some basic ideas
2.3.1 The personal law: individuals
2.3.2 The personal law: companies
McDermott Inc. v. Lewis
2.3.3 The lex situs
2.3.4 The lex loci actus
2.4 Methodological problems and escape devices
2.4.1 Characterization

22
 2.4.2 Renvoi
2.4.3 Public policy
3 Choice-of-law rules in international instruments
4 American theories
4.1 Interest analysis
4.2 The primacy of forum law
4.3 The ‘better-law’ theory
5 Proof of foreign law
Anton Durbeck v. Den Norske Bank
6 Conclusions
Further reading

23 Torts
1 England: historical development
The Halley
Phillips v. Eyre
Machado v. Fontes
2 The Rome II Regulation: general rule
2.1 The country in which the damage occurs
2.2 Common habitual residence
2.2.1 Rules of the road
2.2.2 Multi-party cases
2.2.3 Meaning of ‘country’
2.2.4 Meaning of ‘habitual residence’
2.3 Flexibility
3 Pre-existing relationship
McLean v. Pettigrew
M'Elroy v. M'Allister
Babcock v. Jackson
Neilson v. Overseas Projects Corporation of Victoria Ltd
4 Common origin
Dym v. Gordon

23
 Chaplin v. Boys
5 US law: interest analysis and the ‘better law’ theory
Milkovich v. Saari
Rong Yao Zhou v. Jennifer Mall Restaurant Inc.
Bernhard v. Harrah's Club
6 The Rome II Regulation: special rules
6.1 Product liability
6.1.1 Structure
6.1.2 Primary rule
6.1.3 Second-ranking rule
6.1.4 Third-ranking rule
6.1.5 Fourth-ranking rule
6.1.6 Product marketed
6.1.7 No rule applicable
6.1.8 Conclusions
6.2 Intellectual property
7 Defamation
8 Choice of law by agreement
Appendix: subject-matter scope of the Regulation
Further reading

24 Contracts: the principle of party autonomy

1 Introduction
2 The theory of the proper law
3 The Rome Convention
4 The Rome I Regulation
4.1 Subject-matter scope
4.2 International scope
4.3 Meaning of ‘country’
4.4 Express choice
4.4.1 Freedom of choice
4.4.2 Non-state law

24
 4.5 Implied choice
Amin Rasheed Shipping Corporation v. Kuwait Insurance Co.
Oldendorff v. Libera Corporation
4.6 Applicable law in the absence of choice
4.6.1 Structure and general principles
4.6.2 Meaning of ‘habitual residence’
4.6.3 Linked contracts
Bank of Baroda v. Vysya Bank
4.6.4 The escape clause
Definitely Maybe Ltd v. Lieberberg GmbH
Kenburn Waste Management Ltd v. Bergmann
Intercontainer Interfrigo v. Balkenende Oosthuizen
4.6.5 Exceptions
4.6.6 Carriage of goods
4.6.7 Carriage of passengers
4.7 The problem of consent
4.8 Capacity
4.9 Other provisions
Further reading

25 Contracts: legal policy and choice of law

1 Introduction
2 Terminology
3 The Rome I Regulation
3.1 Purely domestic contracts
3.2 Consumer contracts
3.3 Individual employment contracts
Koelzsch v. Luxembourg
3.4 Contracts concerning immovable property
3.5 Overriding mandatory provisions
3.5.1 Overriding mandatory provisions of the forum
Ingmar GB Ltd v. Eaton Leonard Technologies Inc.

25
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and uncouthness. The perfection of the very earliest printed books is
a commonplace. Less generally known, perhaps, is the great beauty
to which the earliest of all the German engravers known to us at all
as a personality, though not by name, was capable of attaining. The
“Master of the Playing-Cards,” who was at work about 1430-40,
produced work of extraordinary charm, not only in some of the
figures, animals and flowers of the playing-cards themselves, but
especially in the large engraving of the Virgin Mary with the human-
headed serpent, or Lilith, beneath her feet, which is one of the most
splendid and mature creations of the fifteenth century. Then, again,
the early book illustrators of Augsburg and Ulm, in the seventies,
when the use of blocks for such a purpose had only recently come
in, produced woodcuts that were never surpassed by any
successors in their simple and direct vivacity and strength, with the
utmost economy of line. But the real beauty of some of the much
earlier single woodcuts, illustrating, chiefly, the legends of Our Lady
and the Saints, has been much less generally appreciated. They are
very rare, and most of them repose, in a seclusion seldom disturbed,
in their boxes in the great European print-rooms or even in monastic
libraries. They are only beginning to be reproduced, and they are
rarely exhibited. But such an exhibition of the earliest German
woodcuts as was held at Berlin in the summer of 1908 was truly a
revelation. The soft and rounded features, the flowing lines of the
drapery, in the prints of the generation before sharp, broken folds
were introduced under the influence of the Netherlands, have
something of the charm of Far Eastern art, and the gay coloring with
which most of the prints were finished has often a delightfully
decorative effect when they are framed and hung at a proper
distance from the eye. Such praise is due, of course, only to some of
the choicer examples; there are plenty of fifteenth-century woodcuts
in which the line is merely clumsy and the coloring merely gaudy, but
these are more often products of the last quarter of the century than
of its beginning or middle. It would not be true to say that the
advance of time brought with it progress and perfection in the
woodcutter’s art; on the contrary, the first vital impulse spent itself all
too soon, and gave way to thoughtless and unintelligent imitation.
 Albrecht Dürer Conterfeyt in seinem alter
Des L V I. Jares.

Dürer. Portrait of Albert Dürer, aged 56

The rare second state (of 3 states) before the monogram of
Dürer and the date 1527
Size of the original woodcut, 12¾ × 10 inches
Dürer. The Four Riders of the Apocalypse
From “The Apocalypse”
Size of the original woodcut, 15¼ × 11 inches
What was the state of things when Dürer appeared upon the scene?
He did so long before the close of the fifteenth century, for his first
authenticated woodcut is an illustration to St. Jerome’s Epistles,
printed at Basle in 1492. Whether he or an unknown artist is
responsible for a large number of other illustrations produced at
Basle about 1493-95, is a question about which no consensus of
opinion has been formed, and this is not the place to discuss it. All
the woodcuts that the world knows and esteems as Dürer’s were
produced at Nuremberg after his return from the first Venetian
journey (1495). Let us see, for a moment, how they stand
comparison with what had gone before them. The older woodcuts
are nearly all anonymous, and if they bear any signature, it is that of
a woodcutter (Formschneider or Briefmaler) who was a craftsman
allied to the joiner, rather than the painter. Just before Dürer’s time
the painter begins to make his appearance on the scene as a
designer of woodcuts. There are a few isolated cases in which the
almost universal rule of anonymity is broken, and we learn from the
preface to a book the name of the artist who designed the
illustrations. Breydenbach’s “Travels to the Holy Land” (Mainz, 1486)
was illustrated by woodcuts after Erhard Reuwich, or Rewich, a
native of Utrecht, who had accompanied the author on his journey,
and the immense number of woodcuts in the “Nuremberg Chronicle”
by Hartmann Schedel (1493) were the work of the painters
Wohlgemuth and Pleydenwurff; to whom the much finer illustrations
of the “Schatzbehalter” (1491) may also safely be attributed. It is now
almost universally believed that the “Master of the Hausbuch,” one of
Dürer’s most gifted predecessors in the art of engraving on copper,
was also a prolific illustrator, the principal work assigned to him being
the numerous illustrations in the “Spiegel der menschlichen
Behaltnis” printed by Peter Drach at Speyer about 1478-80. There
are speculations, more or less ill-founded, about the illustrators of a
few other woodcut books of the fifteenth century, but I believe it is
true that the first book after those already named in which the artist’s
name is settled beyond doubt is Dürer’s “Apocalypse” of 1498.
Dürer. The Whore of Babylon, Seated upon the Beast with Seven
Heads and Ten Horns
From “The Apocalypse”
Size of the original woodcut, 15¼ × 11 inches
 Dürer. Christ Bearing His Cross
From “The Great Passion”
Size of the original woodcut, 15¼ × 11⅛ inches
Dr. Naumann, the editor of a recent facsimile of the cuts in the
Speyer book just mentioned, claims for the “Hausbuchmeister” that
he was the first painter, or painter-engraver, who attempted to get
the most out of the craftsmen employed in cutting blocks from his
designs. That is rather a speculative opinion, and the woodcuts in
question are not, from the technical point of view, superior to many
other contemporary illustrations. But there can be no question that
Dürer effected an immense reform in this respect, and carried the
technique of wood-engraving to a perfection unparalleled in its
previous history. Not by his own handiwork, for there is no reason to
suppose that Dürer ever cut his blocks himself. All the evidence
points, on the contrary, to his having followed the universal practice
of the time, according to which the designer drew the composition in
all detail upon the wood block, and employed a professional
engraver to cut the block, preserving all the lines intact, and cutting
away the spaces between them, so that the result was a facsimile of
the drawing as accurate as the craftsman was capable of making it.
Dürer set his engravers, we may be sure, a harder task than they
had ever had to grapple with before, and he must have succeeded in
gradually training a man, or group of men, on whom he could rely to
preserve his drawing in all its delicacy and intricate complexity. This
was a work of time, and perfection was not reached till after Dürer’s
return from his second journey to Venice, when a great increase of
refinement on the technical side becomes noticeable, culminating in
that extraordinary performance, the Holy Trinity woodcut of 1511. But
even in the large fifteenth-century blocks, the “Apocalypse,” the
earlier portion of the “Great Passion” and the contemporary single
subjects, much cross-hatching is used and the space is filled with
detail to an extent hitherto unknown. Without ever losing sight of the
general decorative effect, the telling pattern of black and white, Dürer
put in a vast amount of interesting little things, with the
conscientiousness and care that characterized everything that he
did, and every detail of the leaves of a thistle or fern, or of the
elaborate ornament, birds and flowers and foliage and rams’ heads,
on the base of a Gothic candle-stick, had to be reproduced so that
the crisp clearness of the original pen-drawing lost nothing of its
precision. The result was a work so perfectly complete in black and
white, as it stood, that nobody ever thought of coloring it, and that in
itself was a great innovation and advance. The fifteenth-century
“Illuminirer,” or the patron who gave him his orders, seems to have
had an instinctive respect for excellent and highly finished work in
black and white, which made him leave it alone. Line-engravings of
the fifteenth century are very frequently found colored, but they are
usually quite second-rate specimens, and prints by the great men,
such as the “Master E. S.” and Schongauer, were respected and left
alone. But such consideration was not often shown to woodcuts,
which were frequently colored, especially when used as illustrations,
well into the sixteenth century. It was very rarely, however, that any
illuminator laid profane hands on anything of Dürer’s, woodcut or
engraving, and when he did so the result is stupid and disagreeable,
for it is always the work of a later generation, out of touch with
Dürer’s genius.
 Dürer. The Resurrection
From “The Great Passion”
Size of the original woodcut, 15⅜ × 10⅞ inches
 Dürer. Samson and the Lion
Size of the original woodcut, 15 × 10⅞ inches
It may be said that if Dürer and his contemporaries did not cut their
own blocks, the woodcuts are not original prints by the masters
themselves. It must be conceded that they are not original prints
quite in the same sense as engravings and etchings, in which the
whole work was carried out upon the plate by the masters’ own
hand, but it would be a mistake to describe them as examples of
reproductive engraving. Such a thing as a reproductive engraving
was, in fact, unknown in the Germany of Dürer’s time. A design
originally projected in one medium might be reproduced in another in
a case where an engraving by Schongauer, or Meckenen, or Dürer
himself, was copied by some inferior woodcutter, as an act of piracy,
for a bookseller who was too stingy to pay an artist to draw him a
new Virgin or Saint for his purpose. But it would never have occurred
to any one to reproduce an engraving or woodcut, a picture or
drawing, done for its own sake, as a separate and complete work of
art. Reproductions of pictures scarcely exist in German art of the
sixteenth century; they are commoner in the Venetian School,
among the woodcutters influenced by Titian, and Rubens
established the practice once for all by his encouragement of
engraving from his pictures, a century after Dürer’s time. But when
woodcutting was taken up by the German painters, with Dürer as
their leader, for the purpose of circulating their compositions at a
cheaper price than they could charge for engravings of their own,
they always had a strictly legitimate object according to the canons
of graphic art. Rarely working even from sketches, never from a work
already finished in another medium, they drew the subjects intended
for printing directly upon the block in a technique adapted for the
purpose, avoiding such combinations of lines as the most skilful
craftsmen would be unable to cut. Their actual handiwork was
preserved upon the surface of the block, much as in the modern
original lithograph the artist’s actual work survives upon the surface
of the stone; if it was in any way disfigured, as often, no doubt, it
was, that must be set down to failure on the cutter’s part. Anything
original that the cutter puts in, any swerving that accident or
clumsiness permits him to make from the line fixed by the painter’s
pen for him to follow, is a blemish, and the best woodcuts of Dürer,
Holbein, Baldung, Cranach, Burgkmair and the rest of their
generation have no such blemishes. They are strictly autographic:
the lines that the artist’s pen has traced remain and are immortalized
by the printing-press; the white spaces, also limited by his controlling
will and purpose, result from the mere mechanical cutting away of
blank wood that any neat-handed workman can perform. So when
we speak of the woodcuts of Millais, Rossetti, Whistler, Walker,
Pinwell, Sandys and the rest of the “Men of the Sixties,” we know
that the blocks were cut by Dalziel or Swain, but every good print is
none the less what the designer meant it to be, and what none but
himself could have made it.
 Dürer. The Annunciation to Joachim
From “The Life of the Virgin”
Size of the original woodcut, 11⅝ × 8³/₁₆ inches
 Dürer. The Annunciation
From “The Life of the Virgin”
Size of the original woodcut, 11⅝ × 8¼ inches
Of Dürer’s woodcutters, unluckily, we know nothing till the
comparatively late period when he had been enlisted in the service
of the Emperor Maximilian, whose imposing, but somewhat
ponderous and pedantic, Triumphal Arch was cut from the designs of
Dürer and his school by Hieronymus Andreä. There is much more
information about the Augsburg cutters than about those of
Nuremberg, and there is no single artist in the latter city whose work
is so strongly marked out by its excellence from that of his
contemporaries as was Lützelburger’s, who cut Holbein’s “Dance of
Death.”
To understand Dürer’s woodcuts aright, it is necessary to get to know
them in their chronological sequence. In conservative collections,
where they are arranged by order of subject, on the system of
Bartsch, the student is continually confused by the juxtaposition of
quite incongruous pieces, placed together merely because “Jérôme,”
for instance, comes in alphabetical order next after “Jean.” The
British Museum collection has been arranged for more than ten
years past in chronological order, which, in Dürer’s case, is unusually
easy to determine with approximate accuracy, because his
methodical turn of mind caused him to be fond of dates, while the
undated pieces can be fitted in without much difficulty by the
evidence of style. The justification of the system became all the more
apparent when the woodcuts were exhibited for a few months in
1909, and fell naturally into consistent and coherent groups upon the
screens, while separated, as a matter of practical convenience, from
the engravings. Since then two even more interesting experiments
have been made, in exhibitions held at Liverpool and Bremen,
toward a reconstruction of Dürer’s entire life-work in its chronological
sequence, his pictures, drawings, engravings and woodcuts—
represented mainly, of course, by reproductions—being merged in a
single series. That is a timely warning against the risks of excessive
concentration upon one single side of his many activities, but here
we will not digress further from the woodcuts, which are at present
our theme.
 Dürer. The Flight into Egypt
From “The Life of the Virgin”
Size of the original woodcut, 11⅝ × 8¼ inches
Dürer. The Assumption and Crowning of the Virgin
From “The Life of the Virgin”
Size of the original woodcut, 11½ × 8⅛ inches
The series opens magnificently with the group of large and stately
woodcuts, abounding in vitality and dramatic invention, produced by
Dürer between 1495 and 1500. These include the fifteen subjects of
the “Apocalypse,” the seven early subjects of the “Great Passion”
(not completed until 1510-11) and seven detached pieces uniform
with the two series already named in dimensions and style, but
independent of them in subject. The blocks of the majority of these
single pieces are now, by the way, in an American collection, that of
Mr. Junius S. Morgan, but they have suffered sadly from the ravages
of the worm. There is a certain exaggeration and over-emphasis of
gesture in the “Apocalypse” woodcuts, but Dürer never invented
anything more sublime than the celebrated Four Riders or the St.
Michael defeating the Rebel Angels, which I regard as at least equal
to the subject more frequently praised. Superb, too, is the group of
Angels restraining the Four Winds. The landscape at the foot of St.
John’s Vision of the Four-and-twenty Elders (B. 63) is a complete
picture by itself, and there is a rare early copy of this portion alone,
which is itself a beautiful print, and doubtless the earliest pure
landscape woodcut in existence. Samson and the Lion, the
mysteriously named Ercules and the Knight and Man-at-arms, often
described as its companion, and the Martyrdom of St. Catherine are
among the finest of the single subjects. After this tremendously
impressive group, there is for a time a certain relaxation of energy, or
rather Dürer was more bent on other things, especially engraving. To
the years 1500-04 belong a number of woodcuts of Holy Families
and Saints, much smaller than the “Apocalypse,” and rather roughly
cut. Some critics have wished to dismiss one or another of them as
pupils’ work, but for this there is really no justification. Then comes
another very good period, that of the “Life of the Virgin,” of which set
Dürer had finished seventeen subjects before he left for Venice in
1505, while the Death of the Virgin and The Assumption were added
in 1510, and the frontispiece in 1511, when the whole work came out
as a book, assuredly one of the most desirable picture-books the
world has ever seen! It is impossible to weary of the beautiful
compositions, the details drawn with such loving care, the tender and
homely sentiment, the humor, even, displayed in the accessory
figures of The Embrace of Joachim and Anne, the beer-drinking
gossips in the Birth of the Virgin, where the atmosphere of St. Anne’s
chamber is sweetened by an angelic thurifer, and the merry group of
angelic children playing round Joseph, bent on his carpenter’s
business, while their elders keep solemn watch round Mary at her
distaff and the Holy Child in the cradle. We find landscapes at least
as beautiful as those in Dürer’s best engravings in the pastoral
background of the Annunciation to Joachim and the mountainous
distance of the Visitation. The architectural setting of the
Presentation of Christ in the Temple, and the tall cross held aloft,
with the happiest effect on the composition, by the Apostle kneeling
on the left in Mary’s death-chamber, are among the memorable
features of the set.
Beautiful again, especially in fine proofs, is the next and latest of the
long sets, the “Little Passion,” consisting of thirty-six subjects and a
title-page, begun in 1509 and finished, like all the other books, in
1511. But it has not the monumental grandeur of the earlier religious
sets, and there is an inevitable monotony about the incessant
recurrence of the figure of Our Lord, when the history of the Passion
is set forth in such detail. The most original and impressive subjects,
in my opinion, are Christ Appearing to St. Mary Magdalen and the
next following it, The Supper at Emmaus.
 Dürer. St. Jerome in his Cell
Size of the original woodcut, 9¼ × 6¼ inches