by Siorna McFarlane

Modern society….greets gold as its Holy Grail, as the glittering incarnation of the very principle of its own life (Karl Marx).

Laws governing the nation's treasure have existed since the late thirteenth century. Although there have been references to a Treasure Trove law from the time of Edward the Confessor (1042-66), the actual law was dated to 1250AD from the manuscript delegibus et consuetudinibus, written by Henry de Bracton.

Treasure Trove

Treasure Trove stated that for an item to be considered ‘treasure’ it had to:

o       be made substantially of gold or silver

o       deliberately hidden with the intent of recovery

o       without a known heir or owner

It soon became apparent that the safeguards Treasure Trove had established, for the Crown to take full ownership of treasure items, were deceptively comprehensive where archaeological discoveries were concerned.

A Problem with Treasure Trove

The most famous example of the ineffectiveness of Treasure Trove is the ship burial discoveries at Sutton Hoo, Suffolk in 1939. Since the vast amounts of seventh century gold and silver found within the ship burial were not buried with intent of recovery, the Coroner ruled that the Crown had no claim to these items and ownership resided with the landowner, Mrs Pretty.

Thankfully Mrs Pretty donated the Anglo-Saxon burial to the nation and today the famous helmet, along with the other extraordinary artefacts, are displayed at the British Museum. As a result information about Anglo-Saxon burial practices, trade links and British history has been safeguarded for present and future generations.

Treasure Act 1996

The Treasure Act modified the pre-existing law of Treasure Trove and removed the clause ‘burial with intent of recovery’. Now any metallic OBJECT found after the 27^th September 1997 is considered Treasure if it contains:

o       ten percent gold or silver

o       is over three hundred years old

COINS are considered Treasure if:

o       two or more coins are found containing ten percent gold or silver

o       are at least three hundred years old

o       are recovered from the same find spot

o       where coins are found together, but with less than ten percent precious metal content, there need to be over ten coins

o       single coin finds are not classified as treasure unless they are found in association with ‘treasure’ standard material

The Treasure Act also includes:

o       any object, whatever it is made of, found in the same place as, or had previously been together with, another object that is Treasure

A further addition to the Act was introduced with the Treasure Act (Designation) Order 2002, which was made effective from 1^st January. The Designation Order stipulated that:

o       any prehistoric base-metal assemblages of two or more objects, coming from the same find spot, would also be classified as treasure

The three clauses which constitute Treasure Trove still stand under the 1996 Act; however these are atypical of finds handed in to the Treasure Department.

 
Finds must be reported to the Coroner located in the district of discovery within fourteen days of recognising the item as potential treasure.

Why report?

Reporting finds through the Treasure Act enables items to be financially valued by experts, who assess the material based upon its rarity, cultural importance and market value. Once this valuation has taken place, museums are then given the opportunity to buy the item for the enjoyment and education of the public. 

Further Reading

Cambell, J. 1991. ‘The Lost Centuries: 400-600’. In (ed.) Cambell, J. The Anglo Saxons. Penguin: London. 20-45.

 
Department of National Heritage. Department of Culture Media and Sport. 2002. The Treasure Act 1996 (Revised). Code of Practice. (England and Wales). London.

 
Hobbs, R. 2003. Treasure. Finding our Past. The British Museum Press: London.

Useful Websites

For UK finds: The Portable Antiquities Scheme at www.finds.org.uk  (inc Treasure Reports at http://www.finds.org.uk/treasure/reports.php)

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