According to Blackstone's Commentaries on the Law of England (1765), while trespassing and poaching were illegal, there were certain activities for which "license to enter" was deemed by law. Because foxes and badgers were considered such pests, a person hunting either was deemed to have permission to enter property to hunt them. In addition, people gleaning in the fields after harvest were granted permission to enter. Lastly, errant stray livestock could not be injured and was not even considered to be trespassing until it had eaten it's fill, laid down to rest and arose to eat again. Further, the law about trespassing, excused those who entered property with the good faith belief that they would be granted permission for a particular purpose, such as to retrieve stray livestock. Imagine a neighbor farm kid sent to retrieve a stray cow getting injured by a set gun. (In fact, in very early colonial Pennsylvania, it was the farmer's duty to fence livestock out of cultivated fields.)