FORESTERS, are appointed by the king's letters patent, and sworn to walk the forest at all hours, and watch over the vert and venison; also to make attachments and true presentments of all trespasses committed within the forest. If a man comes into a forest by night, a forester cannot lawfully beat him before he makes some resistance; but in case such a person resists the forester, he may justify a battery. And a forester shall not be questioned for killing a trespasser that, after the peace cried to him, will not surrender himself, if it be not done on any former malice; though where trespassers in a forest, 6tc. kill a person that opposes them, it is murder in all, because they were engaged in an unlawful act, and therefore malice is implied to the person killed.
Harewood, Harry. A Dictionary of Sports. London: T. Tegg and son, 1835.
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