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Monitoring the Staffordshire Hoard field Cometh the hour - Cometh The State.
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Cometh the hour - Cometh The State.

Heritage Action..."From the moment you become aware you have found a significant hoard you should treat it as what it is – State Property"

Hey? Do we in "Britain" live in a "State" or are HA referring to The Crown Estate? I think HA are referring to the latter. There is no provision for protecting any lost scrap metal (Saxon, Roman or N. E. Other) under any "State Law" of England which relates to the Crown Estate or any imaginary organisation called "The State" whose notional existence cannot be defined, understood or respected. Under the Treaties of Union of 1706 and 1707, English law was suspended beyond 1st May 1707. Provision was made for the continuance of only the Scottish canon of law beyond that date. In constitutional terms English Law died along with the Kingdom of England in 1707.

I'll repeat that.

English Law died along with the Kingdom of England in 1707.

Heritage Actions wish to retain the hoard for the State, would seem to rely in something which they might call English Law (extinct since 1707) but would really be some vaguely imagined "United Kingdom" law as it applies South of the Scottish Border. The weakness with this position would seem to be that United Kingdom (inexplicably in the singular) law only came into being with the annexation of Ireland in 1800 and thus is way too late to have any relevance to any imaginary left-overs of the hoard in question. Can Heritage Action advise us all of the creation of any specific document purporting to affirm ownership of the left-overs of the Staffordshire Hoard by the Crown in Parliament since the Annexation of Ireland in 1800? (clue- there is no such document)

I would also draw to HA's attention the fact that there was a civil war in England in the 17th century which resulted in the 1689 Bill of Rights, a constitutional re-shuffle which left the Crown of England only what they called a 'constitutional monarch', that is devoid of all executive power and left with only a symbolic courtesy in the form of a technical right to veto. Under this arrangement executive power passed to the parliament at Westminster, giving birth to the English principle of 'parliamentary supremacy'. This constitutional revolution did not happen in Scotland where the principle of 'popular sovereignty' prevails. Generally speaking, this distinction is neither understood or respected in England and Wales but when it comes to conveying property it becomes important to be aware of the discrete nature of the systems. Therefore any Crown Sovereignty and Crown Estate claim to any imaginary leftovers of the Staffordshire Hoard can only rightfully be asserted by the Scottish Crown Estate.

So Heritage Action... You really want these fairly secret organistations (eg. 5th Battalion Neighbourhood Watch Saxon Scrap Observation Corps) to report to The State any suspected ground disturbances? The State are bound to help.
I'd sooner trust the Danebury Metal Detecting Club and the Mudsharks.

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Howburn Digger
Posted by Howburn Digger
30th August 2019ce

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