Abstract
We return to Scotland where the crown claim to treasure trove was (and is) part of the wider principle, quod nullius est fit domini regis. Although untrammelled by some of the legal limitations of English and Irish law, the operation of the Scots law of treasure trove was not without difficulty in the nineteenth and twentieth centuries, as we see when we explore, inter alia, the Giffnock and Balcalk hoards of 1879 and 1880 respectively; the Traprain Law treasure of 1919, and the St Ninian’s Isle treasure of 1958. Scots treasure trove practice is considered up to the Normand Review (2003). The role of Robert Stevenson, director of the National Museum of Antiquities (which was later absorbed into the National Museum of Scotland), in bringing Scots rewards practice into line with that of England and Wales, is highlighted. The chapter concludes with an examination of the post-Normand structure of Scots treasure trove practice, concluding with the Galloway hoard (2014).
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Notes
- 1.
Finlay (1963), 68.
- 2.
See Chaps. 3 and 4.
- 3.
See Chap. 3.
- 4.
Considered in Chaps 5-7; Hickey (2010).
- 5.
NRS, E871/2, p. 61ff; E872/63. See https://historyregained.net/the-giffnock-hoard/ for Tom Welsh’s popular account of the hoard based on newspaper accounts.
- 6.
- 7.
NRS, E871/2, pp. 32–40, 44, 46, 48, 63–6 (Hawick); pp. 66–72 (Jura); both cases are obliquely mentioned in the Treasury’s Treasure Trove Memorandum: TNA, T221/95. For the Hawick find, see also NRS, E872/53/2; Sim (1874–6), 547–8; Brown and Dolley (1971), SN2. For the Jura find, see also NRS, E872/60/2.
- 8.
NRS, E871/2, p. 40.
- 9.
NRS, E871/2, pp. 71–2.
- 10.
An eighteenth-century case of imprisonment of two finders in Hamilton for failure to comply with a sheriff court order to deliver up treasure trove was mentioned anecdotally in Ure (1793), 132. The reference is repeated in Murray (1896), 59, and in Hill (1936), 260. Both Murray and Hill regarded the episode as an example of a criminal prosecution, but it may have been a civil action, if it happened at all.
- 11.
NRS, E871/2, p. 88.
- 12.
Anderson (1903), 79.
- 13.
Shetland Archives, D6/292/24/p 182, copy letter dated 14 October 1872, Poolar to Exchequer Chambers.
- 14.
- 15.
See Chap. 4.
- 16.
NRS, E872/75. McIver had sold this sword in Stornoway for £1, but he gave the money back. This was one of two bronze swords that he found on his croft in 1891–2: Colquhoun and Burgess (1988), §558.
- 17.
NRS, E872/64.
- 18.
TNA, T221/95, Treasure Trove Memorandum, 16.
- 19.
NRS, E871/2, p. 198, postscript to letter dated 4 October 1887, QLTR to Treasury Secretary; Anderson (1891–2), 186. See e.g. NRS, E872/57/8.
- 20.
See p. 192.
- 21.
NRS, E871/2, p. 198.
- 22.
NRS, E871/2, pp. 170 and 204.
- 23.
Only after 1883: prior to that, treasure trove payments were charged to the lord advocate’s criminal procedure vote: NRS, E871/2, p. 145f; see also NRS, E871/2, p. 266f.
- 24.
As happened in relation to some silver rings gifted to Thurso Public Museum in 1872: NRS, E871/2, p. 1: see also pp. 54, 290–2, and E872/46.
- 25.
NRS, E871/2, pp. 2–4, letter from Stair Agnew, QLTR, to Francis Douglas MP, secretary of the Tweedside Physical and Antiquarian Society, 5 March 1872.
- 26.
NRS, E871/2, pp. 2–4, letter from duke of Roxburgh, 6 February 1872; letter from John Stuart, SAS honorary secretary, to Stair Agnew, QLTR, February 15, 1872. See also NRS, E871/3, Ultimus Haeres Department, Treasure Trove Books, letter from Joseph Anderson of SA Scot to QLTR, 3 May 1870. As to the earlier Yetholm shields, see p. 105.
- 27.
NRS, E871/2, p. 48, Jedburgh Abbey case.
- 28.
See e.g. Munro (1905–06).
- 29.
Clark (1879–80). The finders may have been rewarded.
- 30.
Anderson (1903–4). Sutherland Estates sold the armlet in 1986 to raise funds for the renovation of the museum at Dunrobin Castle. When it was sold to a bidder outside the UK, an export deferral was imposed, allowing Inverness Museum and Art Gallery to raise matching funds to acquire it.
- 31.
NRS, E871/2, p. 148.
- 32.
See e.g. NRS, E872/62, Montraive treasure trove.
- 33.
NRS, E872/71/13, letter dated ? November 1886 from Dalrymple-Hay, Treasury, to Reid, QLTR.
- 34.
- 35.
Mayhew (1975), 36.
- 36.
NRS, E872/71-73; E871/2, pp. 170–230.
- 37.
NRS, E871/2, p. 261.
- 38.
NRS, E871/2, p. 148.
- 39.
NRS, E872/71/22, letter dated 24 December 1886. See also E871/2, p. 181; Fraser and Lee (eds) (2000), 186.
- 40.
- 41.
Stevenson (1981b), 180.
- 42.
NRS, E871/2, pp. 203–4, 210–1.
- 43.
Christison et al. (1892).
- 44.
NRS, E872/47.
- 45.
NRS, E872/53/6.
- 46.
Southern Reporter, 16 January 1862. There was, of course, no such statute.
- 47.
Proceedings of the Society of Antiquaries of Scotland 5 (1862–4): 214.
- 48.
NRS, E872/53/6, Hawick bronze spear head; E871/2, p. 239, Tarbat treasure trove.
- 49.
E.g. Glasgow Saturday Post and Paisley and Renfrewshire Reformer, 8 October 1864, republished a substantial article on the law of treasure trove from the Manchester Guardian.
- 50.
Aberdeen Journal, 29 March 1843: the relevant extract was reprinted in full in Proceedings of the Society of Antiquaries of Scotland 77 (1942–3): 189.
- 51.
Pearce (1970–1), 57.
- 52.
- 53.
NRS, E871/2, pp. 242–76 passim. The facts are set out on pp. 242–8.
- 54.
Sturrock (1879–80).
- 55.
NRS, HH1/2717, memorandum (n.d.) from George Macdonald, Scottish Education Department, to Sir James Miller Dodds, permanent undersecretary of state for Scotland, Scottish Office. The file is marked ‘1912’.
- 56.
NRS, E871/2, p. 275, letter dated 26 May 1890, Home to Welby; see also pp. 268–9, letter dated 16 June 1890, Frank Mowatt, Treasury, to QLTR.
- 57.
Reginald MacLeod, QLTR (1889–1900) succeeded in securing the payment where the acting QLTR, R. Glegg, had failed.
- 58.
Report of Committee appointed by the Lords Commissioners of HM Treasury to inquire into the circumstances under which certain Celtic Ornaments found in Ireland were sold to the British Museum, and to consider relations between the British Museum and the Museums of Edinburgh and Dublin, PP 1899 (179) lxxvii 689, 731, q. 570 (Dr David Christison). Hereafter, ‘Museums Committee’.
- 59.
TNA, T221/95 Treasure Trove Memorandum, 15: see p. 194.
- 60.
See Christison et al. (1892).
- 61.
This is confirmed in NRS, HH1/2717.
- 62.
See e.g. Proceedings of the Society of Antiquaries 3 (1857–9): 78–9; vol 8 (1868–70): 408–11; vol 36 (1901–2): 584–8; vol 50 (1915–6): 201–40.
- 63.
Christison et al. (1892), 5.
- 64.
‘Proceedings at meetings’, Proceedings of the Society of Antiquaries of Scotland 25 (1890–91): 64–5.
- 65.
Stevenson (1969), 27.
- 66.
- 67.
Murray (1896), 57–69.
- 68.
See editor’s comment on Munro (1903), 276–7, and Ed., ‘Current Literature’, Scottish Historical Review 1 (1904): 214.
- 69.
Green’s Encyclopaedia of the Law of Scotland, 14 vols (1896–1904), vol 12, pp. 309–11. The editor of the first two editions of Green’s Encyclopaedia was John Chisholm, advocate.
- 70.
Dobie (1931), 303–4, 308.
- 71.
M’Millan (1936), 57–9.
- 72.
Hill (1936), 256–62, relying on a supplement to the second edition of Green’s Encyclopaedia.
- 73.
NRS, E873/184, letter dated 16 November 1944, Rose to Cleary.
- 74.
The Times, 12 November 1937.
- 75.
NRS, E871/2, pp. 321–331, opinion dated ‘October 1907’. See also Mackenzie (1907–8).
- 76.
NRS, E873/79, letter dated 6 September 1909, signature illegible, Treasury to KLTR.
- 77.
NRS, E873/96A, circular notice to procurators fiscal dated 23 June 1911.
- 78.
NRS, HH1/2717.
- 79.
NRS, E873/99. Rhind (1858b), 6–8.
- 80.
NRS, E873/140.
- 81.
TNA, T227/987, letter dated 8 May 1925.
- 82.
NRS, E873/158. The case in which Inglis sought advice related to the ‘rifling’ of a grave in Skye.
- 83.
TNA, T227/987, circular letters dated 16 June 1948 and 18 October 1952.
- 84.
Breeze (2013a).
- 85.
Francis Haverfield’s letter to the editor of The Times—‘Treasure Trove – The Great Find on Mr. Balfour’s Estate – Buckets of Silver’—captures something of the excitement surrounding the find: The Times, 4 June 1919.
- 86.
https://blog.nms.ac.uk/2019/05/12/a-century-of-silver-the-traprain-treasure-on-its-hundredth-birthday/See also Hunter and Painter (eds) (2013); Curle (1919–20), (1921) and (1923); Clark (2014), 55. Curle (1923), 11–91, provided an inventory and description of the hoard; see also Kaufmann-Heinimann (2013). As to terminology—hack-silver or ‘Hacksilber’—see Hunter and Painter (eds) (2013), xvii.
- 87.
- 88.
Stevenson (1981b), 187.
- 89.
TNA, T161/42/10.
- 90.
- 91.
- 92.
TNA, T1/11623/8445; T227/987; NRS, E873/95; Ward (1931). The NMAS provided the necessary valuation.
- 93.
See e.g. NRS, E973/229 Renfrew, Bell Street hoard.
- 94.
After the NMAS secured a purchase grant in 1895, it had to reimburse the Exchequer office for treasure trove rewards by procurators fiscal on the instruction of the Q/KLTR.
- 95.
TNA, T1/11623/8445, letter dated 10 September 1912, Mackenzie to McFadyean, Treasury; see also NRS, E873/184 and HH1/2717.
- 96.
TNA, T1/11623/8445, letter dated 26 August 1912, Gordon to Lloyd George. A founder’s hoard is a collection of metal(s), the stock-in-trade of a metal worker.
- 97.
Maxwell (1912–3), 9 December 1912.
- 98.
TNA, T1/11623/8445; NRS, E872/89.
- 99.
- 100.
See p. 329.
- 101.
Burgh Police (Scotland) Act 1892, s. 412: ‘Every person finding any goods, articles or money’ (italics added). The rule was later extended beyond burghs: Lost Property (Scotland) Act 1965; Irons (1893), 654–6.
- 102.
Scottish Law Commission (1980), [2.1].
- 103.
TNA, T221/987, internal Treasury memorandum dated 27 January 1959, Winnifreth to Bennett.
- 104.
The relevant Treasury records are TNA, T221/987; T227/2152; T227/2153. Later files, T227/2551 and T227/2739, are relevant to the aftermath of the case. A principal file relating to the St Ninian’s Isle treasure has not been released by the QLTR. It is recorded in the NRS catalogue as E8773/211.
- 105.
Stevenson (1959), 18.
- 106.
https://www.whithorn.com/timeline/st-ninian/; Small (1973); Thomas (1973); Clancy (2001); Jennings (2018). See also Morris (1996) and http://canmore.org.uk/site/587/st-ninians-isle.
- 107.
Bruce-Mitford (1960). Similarly, the Glenluce hoard of (mostly) fifteenth-century Scottish coins was taken by the finders, professional archaeologists, to the Ashmolean Museum in 1956: Ashmolean staff contacted Stevenson who was content to leave the coins there for cleaning. The hoard was treated as treasure trove and awarded to the NMAS: NRS, E873/207; Stewart (1958–9).
- 108.
- 109.
McRoberts (1960–1).
- 110.
Wilson (1973), 147.
- 111.
The archaeologist Jacquetta Hawkes also provided information for a story in The Observer, 3 August 1958: ‘Greatest Find since Sutton Hoo’.
- 112.
Johnston (2021), 165. O’Dell’s postgraduate research was undertaken on Shetland and led to his 1939 publication, The Historical Geography of the Shetland Islands (Lerwick: T. & J. Manson).
- 113.
- 114.
O’Dell, Bruce-Mitford et al. (1959). The British Museum staff who co-authored were Rupert Bruce-Mitford, keeper of British and Medieval Antiquities, Julian Brown, assistant keeper of manuscripts, and H.J. Plenderleith, keeper of the British Museum Research Laboratory. O’Dell also published three sole-authored papers about the find in 1959, in Scottish Geographical Magazine, Geographical Magazine and Aberdeen University Review: his publications are listed in an obituary: ‘Anon’ (1967).
- 115.
Wilson (1970), 1.
- 116.
TNA, T221/987.
- 117.
St Ninian’s Isle Treasure: A Silver Hoard discovered on St Ninian’s Isle, Zetland, on 4th July 1958, with notes by A.C. O’Dell and photographs by Alexander Cain (Edinburgh: Oliver & Boyd, 1960).
- 118.
- 119.
- 120.
Torrance characterises McClay as a natural conciliator: (2006), 230. His successor, Michael Noble (1962–64), was involved in the case at an advanced stage.
- 121.
TNA, T221/987. Stevenson contributed an article about the NMAS to The Scotsman magazine supplement on 6 July 1963, after the court hearings had concluded but before the decision of the court was delivered.
- 122.
Stevenson (1981b), 209; NRS, E881/2.
- 123.
NRS, E973/200, letter dated 8 September 1955, Stevenson to Jamieson, in relation to silver coins (Queen Mary) found at Braeside, Greenock: ‘I am not aware of any precedent in Scotland for local museums being given an opportunity to acquire treasure trove’. Thirty coins of the hoard were granted to the McLean Museum, Greenock: ‘quite a respectable museum’, in Stevenson’s opinion. The Royal Museum of Scotland selected 20 coins.
- 124.
Johnston (2021), chapter 7 passim.
- 125.
TNA, T221/987, letter dated 28 August 1958, Stevenson to Jamieson. See also NRS, E873/192; Henshall and Maxwell (1951–2).
- 126.
Callander (1925–6).
- 127.
Cross (1966), 83 (nine local museums in Scotland in 1966): he also notes that, at the time of writing, there were 29 local antiquarian societies in Scotland, of which only six published Transactions.
- 128.
TNA, WORK14/2331; WORK14/ 3084.
- 129.
See Samson (1982).
- 130.
See e.g. Brundle (2003), explaining how the Orkney Museum, formerly Tankerness House Museum, benefited from Historic Scotland excavations (now, Historic Environment Scotland).
- 131.
Rae and Rae (1974), 169.
- 132.
- 133.
Carey Miller (2010), 114.
- 134.
TNA, T221/987, letter dated 2 March 1960, Maclay to Heathcoat Amory.
- 135.
MacPherson (2016), 49n.
- 136.
Carey Miller (2010), 116–7. In his 1961 Hamlyn Lectures, British Justice: The Scottish Contribution, Smith referred to the St Ninian’s Isle treasure, ‘held in trust by Aberdeen University in berserker defiance of feudal claims … a timely reminder of the Norse tradition in Scottish affairs’: Smith (1961), 183–4.
- 137.
Walker (2001), 294.
- 138.
TNA, T221/987, letter dated 2 March 1960, Maclay to Heathcoat Amory. ‘Thrawn’ means stubborn, awkward, unbending.
- 139.
Carey Miller (2010), 119.
- 140.
The first instance case and the appeal are reported at 1963 SC 533. See also 1962 SLT 413 (Outer House), and 1963 SLT 361 (Inner House).
- 141.
Carey Miller (2010), 126. Smith was consulted.
- 142.
Lords Patrick and Mackintosh gave reasoned opinions in which Lords Guthrie and Strachan concurred.
- 143.
- 144.
- 145.
1963 SC 533, 540.
- 146.
1963 SC 533, 555 and 562. Even Smith called it an ‘apparent’ Act: (1964), 192.
- 147.
Register of Privy Council, IX, 181–2 (28 May 1611). See also Court Books of Orkney and Shetland, 1614–1615, ed. Barclay (1967), xix–xx.
- 148.
- 149.
1963 SC 533, 554, Lord Patrick, who also thought that it might be inferred that the treasure in the case had been abandoned; 558–9, Lord Mackintosh.
- 150.
1963 SC 533, 548. As to the institutional writers, see pp. 106–11.
- 151.
1963 SC 533, 559.
- 152.
- 153.
See also Shetland Salmon Farmers Association v. Crown Estate Commissioners 1991 SLT 166; Ryder (1988), (1990)
- 154.
1963 SC 533, 560.
- 155.
See generally Tomkins (2006).
- 156.
- 157.
Chitty (1820), 2.
- 158.
TNA, TS18/1427.
- 159.
- 160.
Bruce v. Smith (1890) 17 R 1000; 1963 SC 533, 555 and 563.
- 161.
(2010), 129.
- 162.
- 163.
Stevenson (1974), 325. That would be but one way of achieving the necessary tripartite division.
- 164.
Smith (1973), 163.
- 165.
Robberstad (1969). Dust jacket, inside front.
- 166.
Robberstad (1969), 63; Smith (1973), 157n, referring to Taranger’s ‘Rets Historie, ii, 154’. This is Udsight over den Norske Rets Historie, 4 vols. (1898–1907). The alternative view was that the Gulathing Law of Olaf applied in Shetland before impignoration: see also Orkney and Shetland Records, coll. and ed. by A.W. Johnston and A. Johnston (London: University of London for Viking Society of Northern Research, Old Lore Series, 1907–1942), vol 1 (1907), xxv–xxxviii.
- 167.
Hill (1936), 182.
- 168.
TNA, T227/2551, letter dated 11 June 1965, Wright to McTavish, QLTR. Taylor died in 1962.
- 169.
Carey Miller (2010), 131.
- 170.
TNA, T221/987; T227/2551.
- 171.
TNA, T221/987, internal Treasury memorandum dated 8 March 1960, Butt to Griffith and Trend.
- 172.
TNA, T227/2551; T227/2739.
- 173.
NRS, E873/217, letter dated 30 July 1964, Stevenson to McTavish.
- 174.
Shetland Archives (established in 1976) and the Shetland Museum were brought together in 2007 at their current seaward site in Lerwick: ‘Anniversary Celebrations at Shetland Museum and Archives’, Unkans, The Newsletter of the Shetland Heritage and Culture Community, issue 56, June 2016.
- 175.
‘List of Donations to the Museum, 1965–6’, Proceedings of the Society of Antiquaries of Scotland 98: 334.
- 176.
See TNA, T227/2153, T227/2551; NRS, E873/227.
- 177.
- 178.
TNA, T227/2551, Treasury memorandum, Scullion to Lucas, December 1965.
- 179.
The NMAS purchase grant was augmented by gifts, grants from the National Art Collections Fund and other charitable bodies, and by special grants from HM Treasury: Kennedy (1983), 2.
- 180.
TNA, T227/2551.
- 181.
- 182.
TNA, T227/2739, letter dated 21 April 1967, Stevenson to McTavish.
- 183.
- 184.
Stewartby (1995).
- 185.
TNA, T227/2551, notes of meeting on 24 January 1966, between Sir Frank Francis, Trustee of the British Museum, Bruce-Mitford, Stevenson and Lucas of HM Treasury.
- 186.
As regards articles merely lost and found on land or premises, landowners in Scotland have no rights because of the Civic Government (Scotland) Act 1982, s. 73(c).
- 187.
Stevenson (1969), 27–8.
- 188.
The Laws of Scotland: Stair Memorial Encyclopaedia, vol 18 (1993), §553.
- 189.
TNA, T227/3906, letter dated 2 November 1973, Stevenson to Bell-Berry, Treasury.
- 190.
Turnbull (1989), and e.g. NRS, E873/277.
- 191.
Carey Miller (2005a), 43–7.
- 192.
TNA, T227/2152; T227/2153.
- 193.
Scottish Federation of Museums and Art Galleries (1966).
- 194.
The Council (known since 2008 as ‘Museums Galleries Scotland’) was established in 1964, not as a result of the St Ninian’s Isle controversy but as one of several councils created in the UK to improve museum and gallery quality. See Ambrose (1995), 375.
- 195.
TNA, T227/2739, Treasury file note dated 16 June 1967. The Standing Commission, established by Treasury minute dated 28 November 1930, was responsible for advising government across the UK on strategic matters relating to museum and gallery provision. It later became the Museums and Galleries Commission; in 2000, its functions were dispersed to the Museums, Libraries and Archives (MLA) Council and The National Archives. In 2012, the MLA went into liquidation as part of government cost-cutting, and its functions were transferred to Arts Council England.
- 196.
TNA, T227/2739.
- 197.
TNA, T227/2551, letter dated 26 October 1966, Lucas, Treasury, to Stevenson. See also NRS, E873/242, letter dated 31 October 1968, Stevenson to QLTR.
- 198.
TNA, T227/2152; T227/2153; T227/2551; T227/2739; T227/3906.
- 199.
TNA, T227/3641, press notice, February 1970.
- 200.
TNA, T227/3641.
- 201.
TNA, T221/987, Treasury memorandum dated 8 March 1960, Butt to Griffiths and Trend.
- 202.
TNA, T227/2739, Treasury memorandum dated 11 July 1967, Pittam to Collier.
- 203.
TNA, T227/2739; T227/3641 (Miss K Whalley).
- 204.
TNA, T227/3641, Treasury memorandum dated 1 July 1968, Pittam to Hay.
- 205.
TNA, T227/3906; see pp. 315–7.
- 206.
TNA, T227/3906, letter dated 2 November 1973, Stevenson to Bell-Berry.
- 207.
TNA, T227/3906.
- 208.
The QLTR role was retained specifically to deal with treasure trove and bona vacantia (including ultimus haeres cases): https://www.qltr.gov.uk.
- 209.
The chancellor of the exchequer was consulted in the case of individual reward disputes: e.g. TNA, T227/4530.
- 210.
The Scottish Executive was renamed the Scottish Government under the Scotland Act 2012, s. 12(2)(a). Under s. 44(2) of the 1998 Act, members of that government are known as the Scottish Ministers. Ss 53(1) and (2) of the 1998 Act effected a transfer of functions to the Scottish ministers including prerogative powers. The Scottish Consolidated Fund was established by s. 64, 1998 Act. Schedule 5 of the 1998 Act deals with reserved matters: the crown is a reserved matter, as are the hereditary revenues of the crown except for treasure trove, ultimus haeres, and bona vacantia (paras 1, 3(1) and (3)).
- 211.
National Heritage (Scotland) Act 1985, Part I.
- 212.
- 213.
- 214.
Scottish Executive (2003a), Review of Treasure Trove Arrangements in Scotland, para 2.30.
- 215.
- 216.
Annual volumes of this publication (to 2009) can be accessed at http://archaeologydataservice.ac.uk/archives/view/des/. Prior to 1996, one has to gather evidence piecemeal from lists of finds and of donations to the NMAS in PSAS and other antiquarian journals. The British Numismatic Journal also usefully lists ‘Finds – Scotland’ in the index to volumes 1–80. A series of papers on Roman coin finds in Scotland was commenced by Anne Robertson in PSAS covering finds in the 1950s, 1960s and 1970s (vols 94, 103 and 113). The series was continued and extended to medieval coins, by J.D. Bateson (vol. 119), and by Bateson and N.M.McQ. Holmes (vols 127, 133 and 136).
- 217.
Saville (2002), 799.
- 218.
Vernon (1880).
- 219.
Normand Review, appendix C.
- 220.
- 221.
Saville (2009), 91, 98n.
- 222.
See Simpson (1860–62b), 119–20, for an early statement of the historical and cultural significance of such stones.
- 223.
Foster (2010), 15–7.
- 224.
- 225.
Clarke and Foster (2008), 11n; Foster (2010), 17–21. See also SAFAP minutes for 24 October 2013: https://treasuretrovescotland.co.uk/documents/reports-minutes/.
- 226.
Jones and Ralston (2010); Foster et al. (2016). See also http://www.carvedstones.scot/ for the work of the National Committee on Carved Stones in Scotland (NCCSS).
- 227.
O’Connor and Clarke (eds) (1983).
- 228.
- 229.
NRS, E873/265. See Close-Brooks (1975–6). As there was no archaeological museum in the Outer Hebrides, the spearheads were allocated to NMAS, but were briefly restored to the islands (Benbecula) in 2006: www.newsfromthehebrides.blogspot.com/2006/07/july-2006.html.
- 230.
Stevenson (1969), 28.
- 231.
NRS, E873/277, letters dated 22 March and 18 April 1979 between Fenton and Robertson.
- 232.
NRS, E873/277; Hall et al. (1998).
- 233.
Two booklets on treasure trove were published by the Scottish Executive Education Department in 1999: Information on Treasure Trove Procedures, Criteria for Allocation and the Allocation Process, and Guidelines for Fieldworkers.
- 234.
Curtis (2007), 355.
- 235.
- 236.
Saville (2002), 798.
- 237.
‘News: Treasure Appeals “unclear and unfair”’, Museums Journal 1996: 9; Carey Miller and Sheridan (1996), 403.
- 238.
Shetland Times, 4 July 2008.
- 239.
All-Party Parliamentary Archaeology Group (2003), [109]–[111].
- 240.
Scottish Executive (2003a), hereafter ‘Normand Review’ (Edinburgh, April 2003).
- 241.
Normand Review, paras 2.3–2.5, 6.8–6.13.
- 242.
See also Bland (2009a), 79.
- 243.
Normand Review, para 6.11.
- 244.
Scottish Executive (2003b), 3–4.
- 245.
QLTR, Treasure Trove in Scotland 2004–06, 6.
- 246.
Scottish Executive (2003b) indicates the government response to Normand’s recommendations; see also QLTR, Treasure Trove in Scotland 2004–06, 22–8.
- 247.
- 248.
Bailie (2017), 38.
- 249.
- 250.
- 251.
- 252.
- 253.
This caused significant pressures in the system: see SAFAP chair’s report in successive annual treasure trove reports.
- 254.
We deal here with chance finds, not assemblages from funded excavations.
- 255.
- 256.
Under the first edition of the code of practice, the QLTR could ‘claim’, ‘unclaim’ or ‘disclaim’ (the latter was very narrowly defined, at p. 8). Under the current code, the only decisions open to QLTR are to claim or disclaim: p. 11. Disclaimer can occur at the outset or when it later transpires that no museum wishes to acquire an object: Code of Practice 2014–16, Section 4, 11.
- 257.
QLTR, Treasure Trove in Scotland: A Code of Practice (July 2014, as revised to 13 January 2016), Appendix D, hereafter ‘Code of Practice 2014–16’: https://treasuretrovescotland.co.uk/documents/code-of-practice/.
- 258.
Saville (2009), 88.
- 259.
SAFAP minutes, 3 July 2014 and 28 March 2013; QLTR, Treasure Trove in Scotland 2010–11, 3. There is no appeal from the SAFAP valuation if accepted by the QLTR, although the panel may revisit cases where additional evidence is submitted. The QLTR’s decisions are final: Code of Practice 2014–16, 7.13.
- 260.
SAFAP minutes are published (since 2010): https://treasuretrovescotland.co.uk/documents/reports-minutes/ The remit of SAFAP is stated in Code of Practice 2014–16, and its membership is stated in each annual report.
- 261.
Code of Practice 2014–16, Appendix M. For accreditation of museums, go to: https://www.museumsgalleriesscotland.org.uk/accreditation-recognition/accreditation-scheme/.
- 262.
The QLTR, SAFAP and TTU have an annual meeting to reflect on the process.
- 263.
Code of Practice 2014–15, 7.13.
- 264.
- 265.
- 266.
Scottish Outdoor Access Code, 6, 41: https://www.outdooraccess-scotland.scot. The Code exempts certain land from access rights (see para 2.11), and other specific restrictions on metal detecting may exist (e.g. in Scotland’s National Forest Estate).
- 267.
AMAAA 1979, ss 2, 29, 42: see pp. 313–4.
- 268.
As regards vandalism, the Scottish Outdoor Access Code refers to s. 78 of the Criminal Justice (Scotland) Act 1980, but that was repealed by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, ss 4, 6, Sched. 5.
- 269.
- 270.
QLTR, Treasure Trove in Scotland 2018–19, 3, chair of SAFAP (Evelyn Silber). See also TTU, Treasure Trove in Scotland Strategic Plan 2017–20: https://treasuretrovescotland.co.uk/sites/default/assets/File/ttu_strategicplan_2017_20203.pdf.
- 271.
For the previous decade, see Bland (2009a), 79, but note that his figures relate to claimed finds, not reported finds.
- 272.
The Times, 1 January 2003. Hunter (2015) illustrates the cultural significance of the breadth of the Scots law claim.
- 273.
1963 SC 533, 559.
- 274.
Code of Practice 2014–16, section 4 (‘Definitions’), p. 12.
- 275.
QLTR, Treasure Trove in Scotland 2008–09, 8, chair of SAFAP (Professor Ian Ralston). As regards trafficking in illicit antiquities, TTU staff monitor the online auction site eBay for antiquities that appear to have been found in Scotland with a view to having them taken down pursuant to an agreement struck in 2008. The Dealing in Cultural Objects (Offences) Act 2003 does not apply in Scotland, but see Carey Miller, Meyers and Crowe (2001).
- 276.
- 277.
QLTR, Treasure Trove in Scotland: A Code of Practice, December 2008, para 2.5(ii).
- 278.
- 279.
- 280.
Normand Review, [2.3]–[2.6].
- 281.
Code of Practice 2014–16, [2.6].
- 282.
- 283.
Civic Government Act 1982, s. 67(1).
- 284.
Prescription and Limitation (Scotland) Act 1973, s. 8 and Schedule 3(g); Carey Miller and Sheridan (1996), 397; Code of Practice 2014–16, [2.5(iii)]. See also Sheridan (1994), 6, and Scottish Law Commission (2012), [4.12]. (In England, the Limitation Act 1980, s 32(1)(b) provides that if any facts relevant to a claimant’s right of action have been deliberately concealed by the defendant, time does not run until the claimant has discovered those facts or could with reasonable diligence have done so: innocent purchasers are protected under s 32(3) and (4).)
- 285.
Foyle (2020), 20–1.
- 286.
Reid (2006).
- 287.
Normand Review, [2.29].
- 288.
Code of Practice 2014–16, Appendix Q.
- 289.
Bailie (2017), 38–40. See also SAFAP minutes, 11 February 2010, where it was suggested that nighthawking may not be a common Scottish phenomenon.
- 290.
- 291.
- 292.
QLTR, Treasure Trove in Scotland 2010–11, 1, 4. It appears that the reward was shared with the landowner, presumably as a result of a prior agreement: https://www.bbc.co.uk/news/uk-scotland-tayside-central-11550610.
- 293.
QLTR, Treasure Trove in Scotland 2014–5, 1, and Treasure Trove in Scotland 2017–18, 3; SAFAP minutes, 23–24 March and 28 April 2017.
- 294.
National Geographic, 24 March 2016.
- 295.
I have relied on the report of a meeting of the Dumfries and Galloway Natural History and Antiquarian Society on 16 January 2016, when Nicholson was the speaker: http://www.dgnhas.org.uk/report_2016_01_15 See also Goldberg (2021) for a description of the objects.
- 296.
Goldberg and Davis (2021). See also Harding (2020), 95–7.
- 297.
SAFAP minutes, 23–24 March 2017: https://treasuretrovescotland.co.uk/documents/reports-minutes/.
- 298.
See previous note.
- 299.
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Dawson, N.M. (2023). ‘The Royal Rummager of Dustbins’: Scotland, 1859–. In: A Modern Legal History of Treasure. Palgrave Modern Legal History. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-12833-2_8
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