Was there ever such a lying legend? Trespassers will _not_ be
prosecuted, for the sufficient reason that in English law trespassing is
not an offence. Of course, if any injury be done to property, the owner
can sue for damages, but a harmless trespasser can only be requested to
depart, though, if he be ill-advised enough to refuse to go, he may be
forcibly ejected. We see, therefore, that the threatened "prosecution"
of trespassers is in reality merely a _brutum fulmen_ launched by
landlords at a too credulous public, a pious fraud which has been far
more efficacious than such kindred notices as "Beware the dog," or
"Beware the bull," though these, too, have done good service in their
time. Trespassers will not be prosecuted, provided that they do no sort
of damage, and that if their presence is objected to they politely
retire. With these slight precautions and limitations, a trespasser may
go where he will, and enjoy the study of Nature in her most secluded and
"strictly private" recesses. He thus himself becomes, in one sense, a
lord of the soil; but his domain is far more extensive and unencumbered
than that of any actual landlord. He enjoys all that is best in park,
woodland, or mountain; and if he is "warned off" one estate he can
afford to smile at the prohibition, since many other regions are open to
him, and he can confidently look forward to a visit to fresh woods and
pastures new on the morrow.
In the course of these rambles the trespasser will probably, like
Ulysses, have some curious experiences of men and of notice-boards. It
is very instructive to observe the various types of the landlord class,
and their different methods of treating the intruder whom they meet on
their fields. There is the indignant landlord, who can scarcely conceal
his wrath at the astounding audacity of one who is deliberately crossing
his land without having come "on business." There is the despairing
landlord, who has been so broken by previous invasions that he is now
content with a shrug of the shoulders and a remark that the place is
"quite private, you know." There is the courteous landlord, who
politely assumes that you have lost your way, and naively offers to
conduct you to the high-road by the shortest cut; and there is the
mildly ironical, who, as in a case which I remember on a Surrey
hillside, remarks as he passes you: "There goes my heather."
Public-domain text, read in full here on John Shaqi.
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