Читать книгу A Brief History of Forestry - B. E. Fernow - Страница 8

As to development of forest property we have also only fragmentary information. Nomads do not know soil as property. When they become settled farmers the plowland, the vineyard or olive grove and orchard are recognized as private property, but all the rest remains common property or nobody’s in particular; and even the private property was not at first entirely exclusive. Hence for a long time (and in some parts even to date) the exclusive property right in forests is not fully established. At least the right to hunt over all territory without restriction was possessed by everybody, although an owner might prevent undesirable hunters from entering his property if it was enclosed. The setting aside of hunting grounds for private use came into existence only in later Roman times. But woodland parks, planted or otherwise, like the “paradises” of the Persian kings and the nemora of the Romans and Carthaginians were early a part of the private property of princes and grandees from which others were excluded.

Forests formed a barrier and defense against outsiders, or a hiding place in case of need, hence we find in early times frontier forests, or as the Germans called them “Grenzmarken,” set aside or designated for such purposes and withdrawn from use, and sometimes additionally fortified by ditches and other artificial barriers. Even before the “Grenzmarken” of the Germans the forest was used by Greeks, Romans and still earlier among Asiatic tribes to designate the limit of peoples as well as to serve as a bulwark against attacks from invaders.

Again, the pantheistic ideas of the ancients led to consecrating not only trees but groves to certain gods: holy groves were frequent among the Greeks and Romans, and also among other pagans; the Jews, however, were enjoined to eradicate these emblems of paganism in the promised land with axe and fire, and they did so more or less, removal and re-establishment of holy groves varying according to the religious sentiment of their rulers. Altogether, in Palestine the forests were left to the free and unrestricted use of the Israelites.

Out of religious conceptions and priestly shrewdness arose church property in farms and forests among the Indian Brahmans, the Ethiopians and Egyptians, as also among Greeks and Romans.

It appears that the oriental kings were exclusive owners of all unappropriated or public forests. This was certainly the case with the princes of India and of Persia, and such ownership can be proved definitely in many other parts, as in the case of the forests of Lebanon, of Cyprus, and of various forest areas in Asia Minor.

That in the Greek republics the forests were mainly public property seems to be likely; for Attica, at least, this is true without doubt.

While the first Roman kings seem to have owned royal domains, which were distributed among the people after the expulsion of the kings, the public property which came to the republic as a result of conquest was in most cases at once transferred to private hands, either for homesteads of colonists, or in recognition of services of soldiers and other public officers, or to mollify the conquered, or by sale, or for rent, not to mention the rights acquired by squatters. The rents were usually farmed out to collectors (publicani) or to corporations formed of these. Livy, however, mentions also State forests in which the cutting was regulated, probably by merely reserving the ship timber.

That occasionally single cities and other smaller municipal units owned forest properties in common seems also established.

Private forest properties connected with farm estates existed in Ethiopia, in Arabia, among the Greeks and among the Romans at home as well as in their colonies. Especially pasture woods (saltus) connected with small and large estates (latifundia) into which probably most forest areas near settlements were turned, are frequently mentioned as in private ownership; but also other private forests existed.

The institution of servitudes or rights of user (usus and usus-fructus) and a considerable amount of law regarding the conditions under which they were exercised and regarding their extinguishment were in existence among the Romans in the first centuries of the Christian era.