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
In these earlier ages, the main use of the forests was for the hunt, the
mast and the pasture, and since wood was relatively plentiful, forest
destruction was the rule. Those who became possessed of larger
properties through the causes mentioned tried to secure an increased
value of their possessions by colonization, in which especially the
slaves or serfs were utilized. These often became freedmen, paying rent
in product or labor, and acquiring the rights of usufruct in the
property, out of which developed the so-called _servitudes_ or _rights
of user_, the _praedium_ of the Romans, a limited right to use the
property of another.
With the development of private property there naturally also developed
the right of preventing the hunting on such lands, this being then their
main use. This exclusive right to the chase or hunt we find recognized
as a part of the property of the kings and barons in the 8th century,
when the kings forbade trespass under penalty of severe fines; the
king’s _ban_ (interdiction) of 60 shillings being imposed upon the
trespassers. Indeed, by the end of the 8th century the word _Forst_
(_voorst_--_foresta_) which until then had been used merely to denote
the king’s property was exclusively used to designate not necessarily
woodland (the latter being referred to as _silva_ or _nemus_), but any
territory in which the hunt had been reserved.
This right to reserve the chase and the fishing, that is, to establish
_banforests_ was in the 10th century extended by the kings to territory
not belonging to them, the right to the chase being according to the
Roman doctrine a regal right over any property. Under this conception
fields and pastures, woods and waters, and whole villages with their
inhabitants became “inforested” grounds. The Norman kings, imbued with a
passion for the chase, exercised this right widely, especially in
England; the forests of Dean, Epping and the New Forest being such
inforested territories, the inhabitants of which were placed under
special “forest laws,” and adjudged by special “forest courts.”
Presently the king’s right of ban was granted with the land grants to
his barons and to the clergy. Banforests also grew up through owners of
properties placing themselves and their possessions under the protection
of kings or bishops or other powerful barons and giving in exchange this
hunting right, and in various other ways. At the same time the headmen
of the Mark (_Obermärker_, _Graf_, _Waldgraf_), who from being elected
officers of the people had become officials of the king, began to
exercise, by virtue of their office, the jurisdiction of the king, and
declaring the ban for their own or their friends’ benefit, excluded the
_Märker_ from their ancient right to hunt and fish freely over the
territory of the Mark.
Public-domain text, read in full here on John Shaqi.
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