Ixxvi INTRODUCTION. [CH. 



who affect to consider themselves as more enlightened 

 than the poor fisherman, may share in his remark, I will 

 not pretend to inquire, — although it is by no means 

 certain that, by their so doing, they are not themselves 

 gi'eater objects of pity than the crazy naturalist. 



A curious question may be raised as to the right of 

 any person to collect and appropriate shells or other ob- 

 jects of Natural history. According' to the strict inter- 

 pretation of the law, all trespasses upon private lands 

 without the consent of the occupier are unjustifiable; 

 and it makes no difference whether the trespasser is a 

 naturalist in pursuit of his amusement, or whether he 

 is simply taking a walk for the sake of exercise. For- 

 tunately for scientific research, great forbearance is 

 almost invariably shoA\Ti to naturalists by the proprietors 

 or occupiers of land, even although the latter may take 

 no interest in such pursuits; and the instance to the 

 contrary, of which the gifted Hugh Miller complained, 

 in his " Cruise of the Betsey,^^ was probably owing to his 

 not having exercised the common courtesy of requesting, 

 from a sectarian opponent, permission to collect fossils 

 on his land. I could also very well imagine that the 

 owner of a "neat villa^^ might have a decided objection 

 to his favourite fish-pond being invaded by a party of 

 conchologists or entomologists armed with ladles or nets, 

 especially if they considered it quite unnecessary to go 

 through the ceremony of asking leave. In the case of 

 manorial wastes or commons, over which the lord and 

 his tenants have certain and well-defined rights, not ex- 

 tending to such things as objects of Natural history, no 

 question of this kind is ever likely to arise ; and the 

 legal maxim, "de minimis non curat lex,^^ would pro- 

 bably apply to this case. The majesty of the law would 

 iiot condescend to notice such trifles as a few shells, in- 



