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French forestry ordinance of 1669

The Forestry Ordinance of 1669 proclaimed by Louis XIV of France sought to protect and restore France’s timber resources as well as its considerable forestry heritage. The Ordinance consolidated and clarified older, more fragmented regulations. It was drafted after serious investigation of forestry exploitation practices by Jean-Baptiste Colbert, who successfully championed the idea of systematic reform. The Ordinance specified the skills of royal officers, imposed a uniform mode of forest exploitation and sought to steer forest exploitation toward what would today be called “sustainable” practices. This major reform also reflected a long-term strategy to protect forestry resources at a time when wood was not only the primary construction material, but also the primary source of energy for households and industry. Today's forest codes in France and in many other countries are direct heirs of this ordinance.

History
Noting that "the disorder which had crept into the Waters and Forests of our kingdom was so universal and so inveterate that the remedy seemed almost impossible", Louis XIV promulgated an ordinance that was to become a landmark in the history of forestry. However, the Ordinance of 1669 was part of a broader campaign of forestry reform under Louis XIV that lasted from 1661 to 1680. Colbert provided the knowledge and the impetus for this reform effort, but Louis XIV provided his wholehearted support. The deplorable state of French forests in the first half of the 17th century French forests were beset by numerous problems in the first half of the 17th century. These problems had been a long time in the making. From the 13th century onwards, political powers had attempted to put some order in the rampant exploitation of forest resources for fuel and building materials. By the mid-17th century, the urgent need for reform was clear from the extreme disorder of the administration of royal property after the long period of the Wars of Religion and the Huguenot Rebellions. Colbert, as Minister of Louis XIV, exclaimed: "France will perish for lack of wood!":15-26 Often they were not well qualified or not motivated to do their jobs. Indeed, the "ignorance of forest officers, the constant need for money from the Treasury, and embezzlement had led to enormous waste and inconsiderate sales of wood. ":291 As a result, little of the forestry revenues that should have accrued to the Treasury actually ended up there and often the forests were a drain on royal coffers.:16-20 users of the forest would buy exploitation rights from people who did not in fact own them; and many users – particularly the noble and ecclesiastical elites –would simply exploit the forest in ways that were detrimental to it (e.g. excessive grazing of animals, building kilns for firing bricks using the forest's wood as an energy source). As a result, France was being rapidly deforested. Of particular concern to Colbert and Louis XIV was that, for ship building, France was forced to rely on masts imported from the Netherlands or from nordic countries, leaving it vulnerable to blockades. Forestry reform was one of many other projects that Colbert would launch as first steps in the transition to the modern French state. Indeed, Colbert and the King XIV were well aware that the self-dealing of officers of the Crown and the usurping of royal rights by the nobility were broader problems that extended well beyond forestry and they sought to address these problems. Colbert's information gathering efforts also resulted in the imposition of disciplines and punishments on the corp of royal officials charged with implementing forestry policy. Indeed, "never before had royal forest policy been implemented with such exactitude and serverity." In November 1662, he instructed the Commissioner of Ile-de-France to "execute justice, spare no one, fear nothing .. it is necessary to bring the greatest severity to those who have committed depredations in the forests.":27 Some of the delinquent forest officials were dismissed and others were punished. In one case, a sergeant in the forest of Alençon had been condemned to the galleys (forced labour). Colbert wrote: "His punishment will serve as an example; and it will be well that you give, if you please, the order for his being taken to La Toulon with the first chain.":27 Officials and others were also fined and required to disgorge ill-gotten gains.:31 By the end of this reform, the Crown had recovered more than 70,000 acres of wood and the amount of fines exceeded 2 million pounds. == The Ordinance ==
The Ordinance
Between 1215 and 1611, 18 Forest Ordinances were issued by royal decree. Title XXXII provides inter alia for penalties and punishments for crimes committed by forest officials: "Officers who have been convicted of forgery or fraud are to be condemned to pay quadruple, be deprived of their offices, banished from the forests and subjected to corporal punishment ... the Guards who shall have made the [fraudulent] reports shall be sent to the galleys for life, without any moderation.":179 Many other offences under the Ordinance were punishable by fines. Culprits found guilty of depredations were liable for both fines and restitution, with the latter being greater than or equal to the fine. The fine was paid to the royal Treasury, while the restitution accrued to the possessor of the forest (the King or some other right holder). If the possessor was a community, it was required to spend the restitution money on public works in the forest or elsewhere.:55. The death penalty could be imposed for serious offenses. The principal judicial structure charged with adjudicating disputes or judging violations had 3 levels: a lower court (Gruries); an intermediate forum (the Master or Maîtres) and, finally, the highest court (the Courts of the Marble Table:54). For some types of offense (e.g. appeals by the Grand Masters themselves or by officials of the Marble Tables), Parliament could serve as an appeals body (Titles XIII and XIV). == Legacy ==
Legacy
An administrative monument of the Ancien Régime, the 1669 Ordinance now serves as the basis for France's current Forest Code and those of other countries as well. An analysis of French forestry policy by the European Forestry Institute credits the Ordinance with being "the first real forestry code." It goes on to say: "This code unified the law, regulated practices and defined the rules of forest management. Known as the amènagement forestier, this code has ever since determined the management plan of the forest. This forest management became a model throughout Europe." However, the Ordinance presented serious shortcomings as a general framework for forest management in France. Although its regulations of were ideal for oak silviculture, they were unsuitable for stands of conifers which do not sprout on stumps. For this reason, in the years following the enactment of the Ordinance, hundreds of supplementary statutes were issued. Some of these were designed to remedy the Ordinance's serious shortcomings with respect to non-deciduous trees. Subsequent legislation and local adaptations to the law managed to alleviate, "but did not eliminate, the damaging effects of technical deficiencies in the law.":99 == References ==
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