The causes of forest waste thus far enumerated are more or less common to both continents; but in Europe extensive woods have, at different periods, been deliberately destroyed by fire or the axe, because they afforded a retreat to enemies, robbers, and outlaws, and this practice is said to have been resorted to in the Mediterranean provinces of France as recently as the time of Napoleon I.[253] The severe and even sanguinary legislation, by which some of the governments of mediæval Europe, as well as of earlier ages, protected the woods, was dictated by a love of the chase, or the fear of a scarcity of fuel and timber. The laws of almost every European state more or less adequately secure the permanence of the forest; and I believe Spain is the only European land which has not made some public provision for the protection and restoration of the woods—the only country whose people systematically war upon the garden of God.[254]
Royal Forests and Game Laws.
The French authors I have quoted, as well as many other writers of the same nation, refer to the French Revolution as having given a new impulse to destructive causes which were already threatening the total extermination of the woods.[255] The general crusade against the forests, which accompanied that important event, is to be ascribed, in a considerable degree, to political resentments. The forest codes of the mediæval kings, and the local "coutumes" of feudalism contained many severe and even inhuman provisions, adopted rather for the preservation of game than from any enlightened views of the more important functions of the woods. Ordericus Vitalis informs us that William the Conqueror destroyed sixty parishes, and drove out their inhabitants, in order that he might turn their lands into a forest,[256] to be reserved as a hunting ground for himself and his posterity, and he punished with death the killing of a deer, wild boar, or even a hare. His successor, William Rufus, according to the Histoire des Ducs de Normandie et des Rois d'Angleterre, p. 67, "was hunting one day in a new forest, which he had caused to be made out of eighteen parishes that he had destroyed, when, by mischance, he was killed by an arrow wherewith Tyreus de Rois [Sir Walter Tyrell] thought to slay a beast, but missed the beast, and slew the king, who was beyond it. And in this very same forest, his brother Richard ran so hard against a tree that he died of it. And men commonly said that these things were because they had so laid waste and taken the said parishes."
These barbarous acts, as Bonnemère observes,[257] were simply the transfer of the customs of the French kings, of their vassals, and even of inferior gentlemen, to conquered England. "The death of a hare," says our author, "was a hanging matter, the murder of a plover a capital crime. Death was inflicted on those who spread nets for pigeons; wretches who had drawn a bow upon a stag were to be tied to the animal alive; and among the seigniors it was a standing excuse for having killed game on forbidden ground, that they aimed at a serf." The feudal lords enforced these codes with unrelenting rigor, and not unfrequently took the law into their own hands. In the time of Louis IX, according to William of Nangis, "three noble children, born in Flanders, who were sojourning at the abbey of St. Nicholas in the Wood, to learn the speech of France, went out into the forest of the abbey, with their bows and iron-headed arrows, to disport them in shooting hares, chased the game, which they had started in the wood of the abbey, into the forest of Enguerrand, lord of Coucy, and were taken by the sergeants which kept the wood. When the fell and pitiless Sir Enguerrand knew this, he had the children straightway hanged without any manner of trial."[258] The matter being brought to the notice of good King Louis, Sir Enguerrand was summoned to appear, and, finally, after many feudal shifts and dilatory pleas, brought to trial before Louis himself and a special council. Notwithstanding the opposition of the other seigniors, who, it is needless to say, spared no efforts to save a peer, probably not a greater criminal than themselves, the king was much inclined to inflict the punishment of death on the proud baron. "If he believed," said he, "that our Lord would be as well content with hanging as with pardoning, he would hang Sir Enguerrand in spite of all his barons;" but noble and clerical interests unfortunately prevailed. The king was persuaded to inflict a milder retribution, and the murderer was condemned to pay ten thousand livres in coin, and to "build for the souls of the three children two chapels wherein mass should be said every day."[259] The hope of shortening the purgatorial term of the young persons, by the religious rites to be celebrated in the chapels, was doubtless the consideration which operated most powerfully on the mind of the king; and Europe lost a great example for the sake of a mass.
The desolation and depopulation, resulting from the extension of the forest and the enforcement of the game laws, induced several of the French kings to consent to some relaxation of the severity of these latter. Francis I, however, revived their barbarous provisions, and, according to Bonnemère, even so good a monarch as Henry IV reënacted them, and "signed the sentence of death upon peasants guilty of having defended their fields against devastation by wild beasts." "A fine of twenty livres," he continues, "was imposed on every one shooting at pigeons, which, at that time, swooped down by thousands upon the new-sown fields and devoured the seed. But let us count even this a progress, for we have seen that the murder of a pigeon had been a capital crime."[260]
Not only were the slightest trespasses on the forest domain—the cutting of an oxgoad, for instance—severely punished, but game animals were still sacred when they had wandered from their native precincts and were ravaging the fields of the peasantry. A herd of deer or of wild boars often consumed or trod down a harvest of grain, the sole hope of the year for a whole family; and the simple driving out of such animals from this costly pasturage brought dire vengeance on the head of the rustic, who had endeavored to save his children's bread from their voracity. "At all times," says Paul Louis Courier, speaking in the name of the peasants of Chambord, in the "Simple Discours," "the game has made war upon us. Paris was blockaded eight hundred years by the deer, and its environs, now so rich, so fertile, did not yield bread enough to support the gamekeepers."[261]
In the popular mind, the forest was associated with all the abuses of feudalism, and the evils the peasantry had suffered from the legislation which protected both it and the game it sheltered, blinded them to the still greater physical mischiefs which its destruction was to entail upon them. No longer protected by law, the crown forests and those of the great lords were attacked with relentless fury, unscrupulously plundered and wantonly laid waste, and even the rights of property in small private woods were no longer respected.[262] Various absurd theories, some of which are not even yet exploded, were propagated with regard to the economical advantages of converting the forest into pasture and ploughland, its injurious effects upon climate, health, facility of internal communication, and the like. Thus resentful memory of the wrongs associated with the forest, popular ignorance, and the cupidity of speculators cunning enough to turn these circumstances to profitable account, combined to hasten the sacrifice of the remaining woods, and a waste was produced which hundreds of years and millions of treasure will hardly repair.
Small Forest Plants, and Vitality of Seed.
Another function of the woods to which I have barely alluded deserves a fuller notice than can be bestowed upon it in a treatise the scope of which is purely economical. The forest is the native habitat of a large number of humbler plants, to the growth and perpetuation of which its shade, its humidity, and its vegetable mould appear to be indispensable necessities.[263] We cannot positively say that the felling of the woods in a given vegetable province would involve the final extinction of the smaller plants which are found only within their precincts. Some of these, though not naturally propagating themselves in the open ground, may perhaps germinate and grow under artificial stimulation and protection, and finally become hardy enough to maintain an independent existence in very different circumstances from those which at present seem essential to their life.