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by Coroner’s to hold Inquests) and (

A B

updating finders as their discoveries C / E

The search for buried treasure has progress through the Treasure process. M E H captivated people’s imagination for Readers of British Archaeology will The act requires this process to be C S

S E centuries, and in recent years the know that the Treasure Act has reviewed from time to time, to ensure I T Michael Ellis MP: Michael Lewis: The I U

number of finds has continued to been extremely successful in ensuring that it is relevant to current practice. Q I

Why are we consulting? Portable Antiquities T N

increase. However, some outstanding that many important artefacts have This last happened in 2001, resulting A

Scheme supports the act E artefacts of great archaeological and entered museum collections: over in the Treasure Act 1996 Designation L B A T

cultural importance have been lost 5,000 new archaeological finds have Order 2002, which ensured that R O to private buyers simply because they been acquired by more than 200 P do not meet the current criteria for museums since the act became law on Treasure. A famous example is the September 24 1997 (feature Jan/Feb Crosby Garrett Roman parade helmet 2018/158). Famous examples include that was found by a metal detectorist the Bronze Age gold cup from in Cumbria (features Jan/Feb 2011/116, Ringlemere in Kent (feature Jan Jan/Feb 2019/164). Although it was 2004/74), the Frome Hoard of recorded by the Portable Antiquities 52,000 Roman coins (News Sep/Oct Scheme, it ended up being sold to a 2010/114), and the Staffordshire Hoard private individual at auction, simply of over 600 pieces of Anglo-Saxon war because it did not meet the legal gear (feature Jan/Feb 2019/164). definition of Treasure – though in Most agree that the act has been so the eyes of most of us it was a treasure successful because of the work of the that should be in a museum. British Museum’s Portable Antiquities This consultation therefore seeks Scheme ( pas ) and its local network of to give the public a say on what finds liaison officers ( flo s). The pas Above: Treasure prehistoric base metal finds and also should be Treasure, but also looks was set up to complement the act, to cases continue those of similar date with any amount more broadly at how the act works. encourage the reporting of the great to grow (inset of precious metal are protected by law, Staffordshire Hoard Importantly, the new proposals will majority of archaeological finds helmet, Treasure as well as those of purer gold or silver. help our museums across England, discovered by the public that are 2009) Treasure finds (following declaration Wales and Northern Ireland acquire not covered under the definition by a Coroner) belong to the Crown, nationally important finds and make of Treasure. Nonetheless, flo s and can be acquired by local and it harder for them to be sold for also contribute significant time to national museums. A reward – equal to personal profit. supporting the act – liaising with the market value of the find – is paid to More items than ever are being finders (metal-detector users in the landowner and finder, and normally discovered by metal detectorists and particular), advising them about Below: Treasure shared 50/50. This enables important other finders, with the number of artefacts and their obligations under cases in England and archaeological remains to end up in Treasure finds increased by some 50 the act, and taking on much of the Wales (inset museums for the public to see and Ringlemere Bronze times since the act was implemented in administration relating to these finds, Age gold cup, enjoy. It is important to note that this 1997. The latest figures show that 2017 such as writing Treasure reports (used Treasure 2001) reward is paid ex gratia (a favour not was a record-breaking year with a total backed by law) – and is tax-free! – of 1,267 Treasure items unearthed, though professional archaeologists including Roman statues, Bronze Age are unable to claim any reward. The rings and a Stuart pocket watch. In acquiring museum is responsible for addition to this a further 79,000 or so raising the money to pay the reward, other archaeological finds – that do not and if they are unable or unwilling to fit the definition of Treasure – were do so, the find is returned to the finder recorded on a voluntary basis with the and landowner. Portable Antiquities Scheme. In the last 20 years, 13,000 finds Michael Lewis is head of portable have gone through the Treasure antiquities & treasure at the Portable process. Of these, over 30% are now Antiquities Scheme, the British Museum in museums and can be enjoyed by millions of people each year. I look forward to gaining the public’s view on whether it should be the case that Museums have benefitted enormously more of these archaeological finds from provisions made under the are saved for our museums and public Gteramils oBf tohye lTere:a Psuureb Alcitc a nadc icts ess enjoyment – the consultation is open tasoso fciinatdeds c oisde b oef pirnacgt ilcoe. sPtublic until the end of April. and press interest in treasure is almost guaranteed, and museum audiences Michael Ellis is under secretary of state for seemingly never tire of being thrilled by arts, heritage & tourism stories of chance finds made by ordinary

British Archaeolog y May June 2019 19 | | S ’ E I T S I R H C

, E M E H C S

S E I T I U Q I T N A

E L B A T R O P

people, as well as the opportunity to see Above: A Roman are nevertheless important aspects of however, is that the consultation rare and precious objects on show. parade helmet found the local archaeological record. provides an opportunity for museums The clarity the act brought to by a detectorist in It is with particular regard to the to ensure that the successes of the Cumbria in 2010 the definition of Treasure and the famously fell outside latter that museums will seize the current system are enhanced and institution of a systematic process for the definition of opportunity to comment on proposed not diminished. its reporting, recording and acquisition Treasure, and was revisions to the definition of Treasure, have also meant that more items sold (heavily since it is abundantly clear that public Gail Boyle is senior curator (archaeology ), restored) by designated as such have found their Christie’s for access is being lost in perpetuity to Bristol Museums, Galleries & Archives way into museum collections, thereby £2.33m to a private some items of local and national preserving their long-term research buyer who remains archaeological importance because potential and enabling continued public anonymous. they are not presently designated as Proposals in engagement with them. However, not the Treasure Treasure. The current system is not all museums are created equal in terms consultation would without its flaws, as articulated in the The consultation document, in its of the staff resources and expertise make a comparable consultation documentation: curators section on the long-term future of find legally Treasure Tom Redmayne: required to deal with the process itself. will be well placed to offer their Mthee trteaaslu dree ptroeccestsi,n sugg gseshtso tuhe ld Not all Treasure finds command the opinions to support the development binetro ldiuccetinons oef da regulation where public interest of the Staffordshire of future policies, although some of the archaeological digging is allowed only Hoard: curators more often than not points offered for discussion, such as by permit, as is already the case in find themselves dealing with the regular the introduction of a system similar Northern Ireland. challenge of raising funds to acquire to that currently being delivered in There has been a huge increase in the smaller, less spectacular finds but which Scotland, may provoke passionate number of people now owning and using reaction. What is most important, metal detectors in the uk over the past few years, many of them new users with Left and below: In 2010 the Portable little or no knowledge of the code of Antiquities Scheme was told about a discovery of Roman coins near Frome, practice or of the correct procedures to Somerset, and mounted an excavation. follow. Machines these days are very Because the detectorist, Dave Crisp, had user friendly and can be easily mastered stopped digging as soon as he realised he’d straight out of the box. There is no onus found what might become a Treasure item, archaeologists were able to record in detail on retailers or private sellers to educate a jar holding 52,503 Roman coins their customers on the code, the pas or how to gain legitimate permission to ) 2 (

E detect. Many mistakes are being made, M E

H mostly through inadequate education. C S

S A licence to own and use a metal E I T I detector could, in my opinion, be a U Q I

T good platform on which to present all N A

E that is needed to enter the hobby with L B

A the correct attitude and knowledge. T R O

P Issuing all the relevant information

20 British Archaeolog y May June 2019 | | This page: In 2008 a relatively few early In 2015 a second and this does need to be reviewed. A M U detectorist found a Roman examples hoard was found on E licence to own and use a metal detector S whiteware pot from Britain. It was Edge Hill during an U M

would be a good first step. H containing Roman declared Treasure, amateur excavation: S I T silver denarii on and was acquired 440 silver denarii I R B

,

Edge Hill near by the Market dating between 189 bc )

Tom Redmayne is an independent detectorist 2 (

Warmington, south Hall Museum, and ad 70 were buried E C

and self-recorder from Lincolnshire I

Warwickshire; more Warwickshire for in a whiteware V R E

coins were found in £52,000; it is flagon (left below) S

subsequent years, now on display. under the floor of a M U E making a total of Among the coins is Roman building. S U M 1,155. With pieces this denarius After conservation The consultation’s most controversial E R dating from (right), which and valuation at the I H

proposals are there “to open some S

194/190 bc to ad 64 commemorates British Museum, the K C (a coin of Nero), Claudius’s conquest hoard has been I initial debate and to encourage W

Sophie Jackson: Permits R the hoard is one of of Britain in ad 43. declared Treasure other suggestions for the long term A and Warwickshire useful if they don’t deter W sustainability of the treasure process”. Museum has until June 2019 to raise These include the introduction of £62,000 to acquire it. permits for archaeological digging of any sort. Among the coins (left Personally I would say a qualified yes below) are 78 from ad 68–69, the “year to permits, if the effect is to get those of the four emperors” doing the unofficial “archaeological (Galba, Otho, digging” to understand and fulfil their Vitellius and Vespasian) during a responsibilities in recording and period of civil war reporting their discoveries. The act’s after the death of revisions appear to be directed mainly Nero. This is thought at detectorists. While many do have a to be the largest group of such coins good understanding of the importance known. The hoard’s of reporting, anything that brings an international opportunity to get more training and significance, said understanding into the community Warwickshire environment, would be good. A permit might come heritage & culture in return for taking part in educational councillor Dave outreach, also described in the Reilly, “will increase consultation. It shouldn’t be difficult or visitors not only to Warwick, but the a deterrent, and fees would contribute wider county, which to treasure process costs. The permit can only contribute might confer some kind of benefit, to our key objective perhaps as a “seal of approval” for of making the Warwickshire gaining access to land – the cscs card economy vibrant” (Construction Skills Certification Scheme) of the professional archaeological world. The Port of London Authority operates a permit and licensing system for the Thames foreshore. Permits are required by mudlarks and anyone searching the foreshore, restricting and guidelines along with the licence change that would be an issue to many. their operations to limited digging would be a great benefit to newcomers, The price of a licence would also be a or surface collection depending on and would help them to ask the right concern to most, and it should not be location. This system is still relatively questions from the outset. set at such a level as to discriminate new but does appear to work: significant How a licence or permit (or both) against those less able to pay. I do feel, artefacts are reported to the Portable would be applied, however, is a key however, that needing a licence to own a Antiquities Scheme, and the number concern. The cost and restrictions they metal detector would act as a deterrent and range of objects removed by the would put on the hobby are questions to the current situation of being able public is limited. It helps that the that would need clarity. I would to just go out, buy any detector and Thames foreshore is a relatively small certainly agree with the requirement head out to the fields, park etc with and visible area that can, in theory, be for a licence to own and use a metal no further thought. Licensing in this policed, and that regular foreshore detector, but the term “permit” could manner would also throw light on the visitors are part of a close community. also mean more restrictions on how numbers of detectors in use, a figure Self-policing may not be sustainable or detectors are used and where. The that has had wildly varying estimates possible in other circumstances. hobby in England and Wales has over the years. Should professional and academic enjoyed years of relative freedom. To The hobby is only lightly regulated archaeologists and local societies also

British Archaeolog y May June 2019 21 | |

E have to get a fieldwork permit? I’m not

M

E

H sure that the need here is so urgent.

C

S

S

E Most excavation undertaken by these

I

T

I

U groups is already covered by the

Q

I

T

N standards and guidance of professional

A

E

L bodies, higher education institutions

B

A

T and local archaeological curators,

R

O

P who hopefully already instil the “positive behaviours” described in the consultation.

Sophie Jackson is director of research & engagement, mola

Above: These early medieval silver coins ( ad 880–923) were found by detectorists on heath at Langford, Bedfordshire in 2016 and declared Treasure. The finders had no permission to detect (and if they had asked it would have been denied), and thus received no reward. All the coins are variants of a two-line type introduced by Alfred of Wessex. At least 75% In November 2018 a group of were minted in Canterbury; of 19 with legible inscriptions, five bear the name of Archbishop Plegmund and nine of Alfred Kdeeteictthor iWsts,e arscthcaeootlotg: ists and Aothrecrhs aatteenodleod ga dya ym scahototle art ts he would be for detectorists to financially colleagues. Loss and damage to mUnoivreresi ttyh ofa Onx fporedr. Osvoenrsaubls cgriabien d, contribute towards supporting the pas , heritage assets are now included in with all 40 places taken, the day with a percentage of the membership the Sentencing Council’s Guideline for formed a small part in British history, fee being used for this purpose. theft offences, and Heritage Impact in that the subject at this university – Aligned to the Institute would be The Statements are routinely produced in world-renowned for academic Detectorists Foundation, recently criminal proceedings. excellence – was… metal detecting. registered as a Charitable Incorporated There have been several cases The course, titled “Metal-detecting Organisation. Here, detectorists where detectorists have failed to for archaeological projects: an could donate through clubs, meetings report finds of potential Treasure, introduction,” was approved by the and rallies, to a fund which could be and criminal investigation has been Chartered Institute for Archaeologists, accessed upon request from flo s, to unable to proceed due to the six with all attendees receiving a ci fa pay for the emergency excavation of month time limitation placed on continuing professional development important finds to secure both the summary only offences. Historic certificate. Participants gave it an artefacts and the archaeological record. England welcomes the proposal to overall approval rating of 95%. For me, This consultation provides a extend this limit up to six months as course director and tutor, returning well-timed opportunity, to develop after the date on which a prosecutor is earlier that month from participating an alternative approach based on aware that sufficient evidence exists in a “Building bridges between education, recognition and an that a crime has been committed. archaeologists and detectorists” aspirational goal to support course in Virginia, usa , it was another heritage conservation. Mark Harrison is head of heritage crime & milestone in a quest to establish a policing advice at Historic England research and educational Institute Keith Westcott is the director of the of Detectorists. Association of Detectorists, see Over the prolonged decades of www.detectorists.org.uk disapproval of metal detectorists’ A controversial proposal in the practices, “legislation” and “mandatory consultation is designed to capture code” have been floated as a possible Mexciekpetio Pnailt ittsem: sT nhote o vthaerlwuiese solution to a problem. Conversely (and roefc oTgnriesead.s Audrame Daubney, finds it is worth questioning the general Failure to report Treasure is an offence liaison officer for Lincolnshire, wrote reasoning), education was not deemed Mthaat lrakw eHnfaorcremiseontn a:g eDnceieas lsienekg to on Twitter why he thought using a worthy cause. The suggestion in this pwreivtehn tT anrde inavsesutirgaet eo, rfefceenntlcy ehes lped value as a criterion would not help: new consultation that training might bnye peardtnse rmshiposr seuc ht iams the e National • It places the onus on finds liaison officers be offered to detectorists is welcome. Heritage & Cultural Property Crime to make the initial decision regarding A possible approach, currently stage Working Group, the Alliance to potential value. funded by Historic England from a Reduce Crime against Heritage, and • The antiquities market is volatile and feasibility perspective, is to develop a Heritage Watch. Other heritage prices vary according to supply and demand. national Institute (for detectorists) in offences include damage to protected • Supply is linked to demand, and demand support of the Portable Antiquities archaeological sites, and those relating is linked to looting. Scheme, a balanced approach steered to unlawful metal detecting. • It suggests to the public that “treasure” by archaeologists and detectorists, Historic England has trained police equates to monetary value rather than developing standards and guidance officers and prosecutors in the archaeological value. while offering archaeologically based investigation of such crimes, working • It has the potential to push up education. A fundamental objective with law enforcement and heritage valuations of antiquities, especially

22 British Archaeolog y May June 2019 | | )

This page: Anglo- right), remains of a 4 (

Saxon silver and copper-alloy hanging E M E

gold jewellery from bowl and a fluted H C S a cultivated field glass bowl, and S E near Shorwell on the a “fragmentary I T I

Isle of Wight was iron vessel”; on U Q I reported to the conservation in the T N A

Portable Antiquities British Museum this E L

Scheme in 2004. turned out to be a B A T

Each artefact had Frankish helmet R O P

been precisely plotted (see News Jul/Aug , ) 2 ( with gps , and follow- 2013/131). M U

up excavation E S suggested there had The Isle of Wight U M

been eight or nine Metal Detecting H S I T ploughed-out graves. Club continued I R

The precious metal searching, on three B objects meant this occasions with was a Treasure find, detecting rallies. and many other Many further finds copper-alloy and were reported up iron pieces were to 2010, including assumed to be silver brooch associated. Among fragments and sword these, from grave pommels, and a gold 69 (the only one coin (below, possibly actually identified), a Merovingian were a heavily solidus , ad 500–580); corroded iron sword all were added to the and a shield boss original Treasure (seen before and case and acquired by after conservation on the British Museum E C I V R E S

T N E M N O R I V N E

C I R O T S I H

&

Y G O L O E A H C R A

T H G I W

F O

E L S I

British Archaeolog y May June 2019 23 | | ) 2 (

S N O I T U L O S

L A C I G O L O E A H C R A / E C I R P

A N N A S O R / K O O R B

N I T R A M

(potentially) where a “£10,000+” find This page: In 2011 of which was a would have been Crosby Garret helmet, for example, has been declared treasure, disclaimed, Archaeological collection of Middle declared Treasure it might have met all three criteria. Solutions Ltd Bronze Age copper- and valued for and then sold on the open market. What if However, the Department for Digital, conducted an alloy objects potential acquistion the original valuation was wrong? Does evaluation at consisting of two by a museum. As Culture, Media & Sport is understood it gain a “minimum sale price tag”? Sidegate Road, spiral twisted torcs, it was discovered to have rejected a Waverley solution Hopton-on-Sea, two bracelets and by professional for Treasure on the grounds that it Norfolk to inform a two rare quoit- archaeologists, would be difficult to manage. In the planning application headed pins (1400– however, no reward for a proposed new 1250 bc, below). This was paid or needed art world an application for an export hospice. Several important hoard, to be raised licence formally flags up an object for prehistoric ditches had it been found in assessment (as do other objective were revealed, in one other circumstances, definitions of Treasure), and an expert committee examines every licence application: but how would a finder know when to declare an object of high cultural value? And how would it be assessed? A criterion of financial value, however, could face the same problems. A new-found antiquity that is not legally Treasure can enter the market without being formally recognised A process for this category could be (declaring suspected Treasure is defined which safeguarded flo s from obligatory, but showing other finds responsibilities. The difficulty lies in to flo s is voluntary). It could then be finding a workable alternative, the most caught only if it was sold for more than promising option being an equivalent to £10,000, at that point comparable to the “Waverley criteria”. These are used the Waverly process. One way round to judge whether “objects of cultural this would be to make all archaeological interest” should be allowed to leave the finds Crown property. This would not country, asking three questions: be universally popular, would be hard 1. Is [the object] closely connected to police and would be expensive with our history and national life? (substantially increasing flo s’ workload) 2. Is it of outstanding aesthetic – but it is another proposal of the importance? Treasure consultation. 3. Is it of outstanding significance Meanwhile, a further proposal is for the study of some particular branch that anyone coming into the possession of art, learning or history? of Treasure would have the same Had the buyer sought to export the obligation to report it as the finder.

24 British Archaeolog y May June 2019 | | ) 5

Third parties currently have no (

E M

responsibility under the act, and a E H C

dealer can legitimately assume that an S

S E antiquity has been properly reported, I T I U Q

or, in the absence of data, that it was I T N A

found before the act came into force on E L

September 24 1997. That is a loophole B A T that would be usefully closed. R O P

Mike Pitts is editor of British Archaeology

The Treasure Act is accompanied by Icaodne sR ofi pcrhacatircde (sonoen fo: r England and UWpaldesa, atnidn agn ottehecrh fonr Nicoartlhiteiren s Iwreolaundl)d. T bhesen aeref imt peovrteanrty ino hnele ping with the daily administration of finds reported under the act. The code for England and Wales was last fully reviewed and updated in 2002, and its language reflects the system in place at that time, designed to process about 250 Treasure cases per year. The total now is almost a five-fold increase on that. This page: Two large around 2000 bc – A refreshed code of practice therefore hoards of Bronze a mixture that presents the opportunity to formally Age and Iron Age archaeologists would adopt those changes and to introduce metalwork, have found hard to containing an believe without the new measures for the more efficient exceptional mix of forensic record processing of cases. objects of widely (feature Mar/Apr Currently, officials spend much different dates and 2013/129). The time chasing up required information. functions, were hoard was declared recovered illegally Treasure and This wastes time and resources, and by nighthawks in the acquired by the causes delay. Many of the technical last century. What Salisbury & South proposals would see the code’s language could be identified Wiltshire Museum, of the Salisbury where it can now be strengthened to make it clear to Hoard and the seen on display everyone what their responsibilities are. Batheaston Hoard For instance, finders would be expected was acquired by the to provide a precise findspot and the British Museum, but unrecorded name of the landowner, which should excavations and be straightforward if proper permission handling by dealers, to search was gained. Archaeologists salerooms and (who also have to report Treasure finds) collectors means the true nature of the would be given more direction on how hoards will never to fulfil their obligations, and museums be known. would have stricter target times within which to express their interest in a find. By contrast in 2011 a detectorist found Since the pas became a nationwide what turned out to programme in 2003, it has become be a similar hoard normal for most finders of potential near Tisbury in the Treasure to take their artefacts to their Vale of Wardour, Wiltshire, and told local flo who then reports the discovery his local finds liaison on the finder’s behalf. The government officer. Professional and Coroners have been content with excavation found 114 this procedure, and it makes sense for pieces. Artefact types suggest the hoard the code to be updated to reflect this, had been buried not and offer assurance to finders that they long before 500 bc in have done things correctly. the Early Iron Age, but it also contained objects of Late, Ian Richardson is the Treasure registrar, Middle and Early British Museum Bronze Age back to

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