In Scotland no national collection exists, though a small body of zealous men have struggled to maintain an Archæological Museum in the Scottish capital for the last seventy years, in defiance of obstacles of the most harassing nature. Not the least of these is the enforcement of the law of treasure-trove, by which all objects of the precious metals are held to be the property of the Crown. Notwithstanding the earnest zeal for the preservation of national relics which has actuated both Sir Henry Jardine and John Henderson, Esq., the late and present Crown and Lord Treasurer's Remembrancers for Scotland, and the liberal construction of the law by its administrators, as shewn in their offer of full value for all objects of the precious metals which may be delivered up to them, its operation has constantly impeded researches into the evidences of primitive art, and in many cases has occasioned the destruction of very valuable relics.
In a letter on this subject with which I have been favoured by the distinguished Danish antiquary, Mr. J. J. A. Worsaae, he remarks: "In Denmark, in former times, all hidden treasures, when found, belonged to the king. They were called Danefa. The finder had to give them up to the Crown without any remuneration. The effect of this was that very few or no antiquities of gold or silver were preserved for the Museum, [of Northern Antiquities at Copenhagen,] as the finders secretly sold the antiquities. For the purpose of putting an end to this, a law was passed in the middle of last century, in which the king declared himself willing to give the full value to the finders, and in some cases still more than the value; but, at the same time, he ordered all such things to be given up to the public museums, and in case of concealment the finders were to be tried and punished.
"This law is still in operation. It is the rule that the finder, in the strictest sense of the word, gets the remuneration, as the king—the real owner—has renounced his rights to him. The owner of the soil only gets the value if he has ordered a servant expressly to dig for any such thing, or, of course, if he is the finder himself. This has proved most effective. Another measure which has secured a good many objects for the Museum is the payment of the finder as soon as possible. Poor people, as the finders generally are, do not like to wait for money. They get easily anxious, and prefer to sell the things for a smaller price, if they only get the money without delay. It has now come to this here, that very few antiquities of gold or silver are lost. The peasants and workmen are perfectly well aware that they get more for the things dug up, at the Museum in Copenhagen, than in the shop of a goldsmith. This has been effected by publication in the almanacs, newspapers, &c., of the payments given to finders of valuable antiquities."
Some of the wretched fruits of the different system still pursued in this country are referred to in the following pages;[8] yet with the earnest desire of the officers of the Scottish Exchequer, to whom the enforcement of the present law is committed, to avert, if possible, the destructive consequences which it has heretofore operated to produce, it is manifest that nothing more is needed than to adopt the essential practical feature in the Danish plan, which gives the actual finder the sole claim to reward, and also holds him responsible and liable to punishment. Until this indispensable change is effected, the Scottish archæologist must continue to deplore the annual destruction of national treasures, not less valuable to the historian than the chartularies which are being rescued with so much labour and cost from their long-neglected repositories.
In attempting to arrange the elements of a system of Scottish Archæology, as a means towards the elucidation of prehistoric annals, I have had frequently to regret the want of any national collection adequate to the object in view. That the Museum of the Society of Antiquaries of Scotland is one of considerable value must I think be apparent, even from the materials it has furnished for this volume. Some private collections, it will be seen, add a few more to the rescued waifs of Scottish national antiquities; but the result of an extensive correspondence carried on with a view to obtain the necessary facts which no books at present supply, has forced on me the conviction that, even within the last dozen years, such a number of valuable objects have been destroyed as would alone have formed an important nucleus for a complete Archæological Museum. The new Statistical Accounts, along with some periodicals and other recently published works, contain references to discoveries made within that period in nearly every district of Scotland. From these I selected upwards of two hundred of the most interesting and valuable examples, and the result of a laborious correspondence is, the establishment of the fact that scarcely five per cent. of the whole can now be ascertained to be in existence. Some have been lost or broken; some thrown away, sold, or stolen,—which in the case of objects of the precious metals involves their absolute destruction; in other cases, the proprietors themselves have disappeared—gone to India, America, Australia, or no one knows where. Of the few that remain, the jealous fear which the operation of the present law of treasure-trove excites has rendered a portion inaccessible, so that a sufficiently meagre handful of so prominent a harvest was left to be reaped.
When it is considered that in Scotland we have no such treasuries of the facts on which an archæological system must be built, as the Archæologia, the Vetusta Monumenta, the Nenia Britannica, the Ancient Wiltshire, and a host of other works supply to the English antiquary, I have a right to expect that some forbearance be shewn in contrasting this first attempt at a comprehensive treatment of the subject, with the works which other countries possess. I do not desire to offer it to the reader with an apology, or to seek to deprecate criticism by setting forth in array a host of difficulties surmounted or succumbed to. It has been the work of such leisure time as could be snatched from less congenial but engrossing pursuits, and will probably be found to contain some recurrence to the same ideas, to which a writer is liable when only able to take up his theme at intervals, and to pursue it amid repeated interruptions. Nevertheless, I have aimed at treating the subject as one which I esteem a worthy one ought to be treated, and if unsuccessful, it is not for want of the zeal which earnest enthusiasm commands. Some new ground I believe has been broken in the search after truth, and as a pioneer I am fully prepared to see my footsteps erased by those who follow me. It will be found, however, that truth is the goal which has been aimed at; and if it be but as a glimmering that light appears, it is well, so that its streaks are in the east, and the clouds which begin to break make way before the dawn.
It only remains for me to acknowledge some of the many favours received in the progress of the Work; though it is impossible to mention all to whose liberality I have been indebted during the extensive correspondence into which I was led while collecting needful materials for substantiating the positions assumed in the following argument. The want of such resources as in other countries supply to the Archæologist the means of constructing a system based on trustworthy evidence, has compelled me to draw largely on the courtesy of private collectors; and with very few exceptions, the cordial response returned to my applications has rendered the otherwise irksome task a source of pleasure, and even in some cases the beginning of valued friendships.
The Council of the Society of Antiquaries of Scotland have afforded the utmost facilities in regard to their important national collection, and have accorded to me an equal freedom in the use of the extensive correspondence preserved in their Library, from which it will be found that some curious information has been recovered, not otherwise attainable. From my fellow Associates in the Society I have also received the most hearty sympathy and cooperation. To the kind services of Sir James Ramsay, Bart., I am indebted for obtaining from Lady Menzies one of the beautiful gold relics figured in the work. To my friend Professor J. Y. Simpson, M.D., I owe the contribution of one of the illustrations, and to Albert Way, Esq., and George Seton, Esq., others of the woodcuts, presented to me as the expression of their interest in my labours; while I have to thank my friend James Drummond, Esq., A.R.S.A., for drawings from his faithful pencil of several of the examples of ancient Scottish arms, as well as of other relics figured in the work. The many obligations I owe to the freedom with which Charles Kirkpatrick Sharpe, Esq., has long permitted me to avail myself of the treasures of his extensive collection, will appear in some degree from the use made of them in the following pages; while John Bell, Esq. of Dungannon, has obviated the difficulties which would have prevented my turning his no less valuable archæological treasures to account, by forwarding to me drawings and descriptions, from which some portions of this work derive their chief interest. Others of the objects selected for illustration are from the collection of W. B. Johnstone, Esq., R.S.A., the whole rare and costly contents of which have been placed completely at my disposal.
Nor must I omit to acknowledge the kind assistance I have received in various ways from David Laing, Esq., William B. D. D. Turnbull, Esq., W. H. Fotheringham, Esq., the Rev., James Mather, J. M. Mitchell, Esq., William Marshall, Esq., as well as from other Fellows of the Society of Antiquaries of Scotland.