The History that Shapes us

Here was a perfect opportunity to explore David Maxwell Fyfe’s difference – the history within him that inspired his passion to embark on creating a living law that would keep Europe safe after the war.

David Maxwell Fyfe is one of the architects of the post-war world. But although we all live with his legacy, he is now largely forgotten. How do you introduce him to a modern audience? Sue Casson describes how she and Tom Blackmore, the writers of Dreams of Peace & Freedom, found the answer lay in bringing the history that shaped him to life.

‘So while the light fails on a winter’s afternoon in a secluded chapel 
History is now and in England’

TS Eliot – Little Gidding 

Tom Blackmore introduced a performance of Dreams of Peace & Freedom for the patronal festival of St Luke’s, Sevenoaks at the end of 2015 with these words, and a question – ‘What history is within us that shapes us and makes us different?’  

Poster for St Luke’s Patronal Festival 2015

Following our Big Year for Freedom tour, we were looking at ways to introduce David Maxwell Fyfe, a man who is now all but forgotten, but who played such an important role in post war peace, to a larger audience. This invitation offered a perfect opportunity to explore his difference – the history within him that inspired his passion to embark on creating a living law that would keep Europe safe after the war. 

It had been suggested that a short programme of songs and readings before the main performance was a good way to acquaint the audience with David Maxwell Fyfe and the period in which he lived. What we discovered in putting this together, nourished the development of our show in surprising ways.  

Complete Works of Shakespeare

In a short preamble, Tom identified three separate histories that shape us, and these were the basis of our introduction. The first was educational history. The books Maxwell Fyfe read with his English master HJ included Shakespeare, Wordsworth and Brooke, and quotations from them peppered speeches throughout his lifeHe even says in his autobiography that ‘any power of speaking would have been infinitely weaker’ had he not been taught by him, and over and over we saw him draw on his wide reading at school and university, in his speeches. His time at Oxford studying the ‘Greats’ fed his knowledge of natural law. He quoted Horace in his speech to The American Bar Association, which gave a context to the inclusion of Magna Carta in the song cycle. 

It was in presenting the second, personal history – where the circumstances of our birth and early life feed into the person we become – that the song cycle changed into the piece it was to become. We knew that Fyfe’s mother had been a huge influence in his life, and that in turn her history, as part of a family affected by the Highland Clearances, had fed into her only son, shaping his life-long commitment to human rights, and our title reflected this.  

But Tom had just discovered Hugh Fraser’s account of the clearance of Migdale in the transcript of the Napier Commission (established in 1883 to explore eviction injustice across the Highlands), from which he was able to choose excerpts. That evening, we threaded these through the haunting traditional Scottish melody ‘Mist covered Mountains’ alongside Jim McLean’s lyrics of protest. When we later included the song in the cycle, at a stroke the words ‘Dreams of peace and freedom’ were voiced within it, and with them the unspoken message that these dreams began at Fyfe’s grandmother’s knee.  

We’d taken time to consider whether to include music that wasn’t original in the cycle, but it opened the door to Ne Dis Pas when it became known to us a couple of years later.  

Wartime sheet music

This evening also came to mind as we were developing the projections that were to become a central part of our performance. In exploring what Tom had called the ‘third history to shape us’, we had put together a medley of wartime songs to evoke the historical background to Maxwell Fyfe’s life. Until he was forty-five this was one of world war and Depression. As we devised a picture show to illustrate how his life changed over those years, we put aside the wartime tunes and chose instead to stay true to the emerging Scottish spirit we were depicting. It was a dialect poem from the evening – Sergeant o’ Pikes by Neil Munro, quoted by Fyfe in an introduction to the autobiography of the Duke of Sutherland, that I finally chose to set.  

Munro’s lines on the warlike clansmen echoed the ‘brave spirits’ of the past that set alight Fyfe’s romantic imagination. For them ‘the Hielan’s’ were forever at their back driving them on, keeping them true to Scots tradition wherever they were fighting. And so it was with David Maxwell Fyfe. He remained true to his Scottish heart and history as he went out to try to change the world. 

Listen to Dreams of Peace & Freedom now on YouTube or SoundCloud.

David Maxwell Fyfe’s closing against Nazi organisations

It is not merely the quantity of horrors – although these organizations have been the instruments of death for 22,000,000 people, it is the quality of cruelty which produced the gas chambers of Auschwitz or the routine shooting of Jewish children throughout a continent claiming to be civilized. There is not one of these organizations which is not directly connected with the sorry trade of murder in a brutal form.

On 28th August 1946, David Maxwell Fyfe gave his first speech on behalf of the UK prosecution against the Nazi organisations at the Nuremberg War Crimes Trials. It is now recognized as a classic of its kind and a textbook example for student lawyers. It lasted over 4 hours – below are extracts from his closing.

In 1938 Hitler spoke in the Reichstag, and I quote his words:  

“National Socialism has given the German people that leadership which, as a party, not only mobilizes the nation but also organizes it. National Socialism possesses Germany entirely and completely…. There is no institution in this State which is not National Socialist.”  

Adolf Hitler 1938

We know now the kind of leadership that National Socialism did give the German people. We know how and for what purposes the Nazi Party mobilized and organized the German nation – for world dominion at the cost of war and murder. The entire and complete possession of Germany by National Socialism meant the possession of the people, body and soul, by the organizations of the National Socialist Party and Government… 

…we do not seek to convict the people of Germany. Our purpose now is to protect them and to give them an opportunity to rehabilitate themselves in the esteem and friendship of the world. But how can this be done if we leave amongst them unpunished and uncondemned those elements of Nazidom which were most responsible for the Nazi tyranny and crimes and which, as this Tribunal may well believe, are beyond conversion to the ways of freedom and righteousness? Nor is it only the German people that we seek to protect. All Europe needs protection… 

The law is a living thing.  It is not rigid and unalterable. Its purpose is to serve mankind, and it must grow and change to meet the changing needs of society. The needs of Europe today have no parallel in history.  

Never before has the society of Europe faced the problem or the danger of having in their midst millions of ruthless, fanatical men, trained and educated in murder and racial hatred – and in war 

The principle on which their condemnation is asked for is clear. It is a practical application of the sound theory of punishment which we learnt in our youth – from, among others, that great German thinker, Kant. If men use society merely as a means to their own ends, then society is justified in putting them outside society. The immensity of the problem does not excuse its nonsolution. The failure to perform this legal duty may well spell terror and racial persecution throughout a continent and, for the third time in our adult lives, world war.  

 My Lord, I am deeply conscious that one of the greatest difficulties, and not the least of the dangers, of this Trial is that those of us who have been engaged day in and day out for 9 months have reached the saturation point of horror. Shakespeare attempted to picture that saturation point in the memorable lines:

"Blood and destruction shall be so in use 
And dreadful objects so familiar
That mothers shall but smile when they behold
Their infants quartered with the hands of war;
All pity chok'd through custom of fell deeds."

Julius Caesar, Act 3 Scene 1 by William Shakespeare

It is only when we stand a little apart from what has been our daily companion for 40 weeks that we realize that the “domestic fury and fierce civil strife,” the results of which Mark Anthony was prophesying, are an inconsiderable bagatelle beside the facts which we have had to consider.  

It is not merely the quantity of horrors – although these organizations have been the instruments of death for 22,000,000 people, it is the quality of cruelty which produced the gas chambers of Auschwitz or the routine shooting of Jewish children throughout a continent claiming to be civilized. There is not one of these organizations which is not directly connected with the sorry trade of murder in a brutal form.  

If Europe is to be cleansed of Nazi evil it is indispensable that you and the world should know these organizations for what they are.  

It has been our sombre task to assist you to this knowledge; having done so, we sometimes wonder if the stench of death will ever wholly pass from our nostrils. But we are determined to do our utmost to see that it will pass from Germany, and that the spirit which produced it will be exorcised.  

It may be presumptuous for lawyers, who do not claim to be more than the cement of society, to speculate or even dream of what we wish to see in its place. But I give you the faith of a lawyer. Some things are surely universal: tolerance, decency, kindliness. It is because we believe that there must be a clearance before such qualities will flourish in peace that we ask you to condemn this organization of evil.  

When such qualities have been given the chance to flourish in the ground that you have cleared, a great step will have been taken. It will be a step towards the universal recognition that  

"...sights and sounds all happy as her day,
And laughter learnt of friends, and gentleness,
And hearts at peace...."

From Rupert Brooke's War Sonnet V, The Soldier

are not the prerogative of any one nation. They are the inalienable heritage of mankind.  

Design a site like this with WordPress.com
Get started