A Brief History of Forestry.: In Europe, the United States and Other CountriesFernow, B. E. (Bernhard Eduard)
History
A Brief History of Forestry.: In Europe, the United States and Other Countries
Fernow, B. E. (Bernhard Eduard)
Forests and forestry -- History
But, through sales and otherwise, this area had, by 1815, been reduced
to 3,200,000 acres, and during the period until 1872, the area had been
further again reduced to less than 2,500,000 acres. At present (1905) it
comprises 2.9 million acres, or less than 12 per cent., of the total
forest area, 55 per cent. of which comes from the original royal domain,
22 per cent. from original church property and 23 per cent. from recent
acquisitions, secured under the laws of reboisement of mountains, sand
dunes, etc.
The communal property developed largely in a similar manner as in
Germany, from the Mark, and through the feudal system, with its rights
of user as a result. In the twelfth century, the grandees or seigneurs
were active in colonizing their domains, acquired as fiefs or otherwise,
with serfs and others, giving them charters for villages with communal
privileges and rights. Under this method, another kind of communal
forest property grew up, by written instruments or contracts, in which
limitations and reservations of rights are imposed by the seigneurs. One
of the most usual conditions of the contract was the prevention of
clearing or sale; at the same time a new set of rights of user, this
time on the part of the seigneur, brought new complications. One of the
worst features originating in the 14th century as an outgrowth of feudal
relations, was “the right of the third” (_triage_), which gave to the
seigneur, whenever he wished to exercise it, one-third of the property
free of all rights of user. In this way, the communal area was
diminished until, in 1667, the widespread abuse of this right led to an
ordinance abolishing it. It was, however, re-established by the
ordinance of 1669 in all cases where the forest had been gratuitously
ceded by the seigneurs, or when the remaining two-thirds was deemed
sufficient for the needs of the parish. Not until 1790-1792 was this
exorbitant right finally abolished.
As an outgrowth of the revolutionary doctrine of 1793, the most radical
legislation decreed presumptive ownership by the municipal corporations
of all lands for which the claimant could not show a deed of purchase,
excluding any title acquired as a result of feudal relations. The day of
revenge of all old wrongs had come, and, appeal to justice being
useless, the municipalities increased their holdings freely. Although
later legislation attempted to arrest this public theft and to restitute
some of the stolen property, much of the communal forest area of to-day
consists of this kind of ill-gotten property.
Public-domain text, read in full here on John Shaqi.
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