A Brief History of Forestry.

With Clovis began the new order of things which was signalized by the aggrandizement of kings, dukes and barons.

In addition to the rule regarding the ownership of unseated lands there developed, also under Roman law doctrine, the conception of seignorial right, i. e., the power of the king to jurisdiction over his property. This right, first claimed by the duke or king for himself, is then transferred with the territory given to his friends and vassals, who thereby secure for themselves his powers and jurisdiction, immunity from taxes and from other duties, as well as the right to exact taxes and services from others, the favored growing into independent knights and barons.

The forest, then, originally was communal property and the feeling of this ownership in common remains even to the present day. Indeed, actually it remained in most cases so until the 13th century, although the changes noted had their origin in the 7th century when the kings began to assert their rights of princely superiority.

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.

While in this way the freedom of the communal owners was undermined, the institution of banforests had nevertheless its value in that it led to forest protection, restriction in forest use and restriction in clearing, all this, to be sure, merely for the benefit of the chase. Special officers to guard the rights of the king, forestarii, chosen from the free and freedmen, and also superior officers, forestmasters, were instituted, to administer the chase and enforce the restrictions which went with it.

Gradually, with the loss of property rights, there came also a change in the political rights of the märker or commoners, through the large barons interfering with self-government, assuming for themselves the position of Obermärker, appointing the officials, and issuing strict forest ordinances to regulate the cutting of wood; finally, the original right which belonged to every commoner of supplying himself with wood material, became dependent upon permission in each case, and thus his title to ownership became doubtful.

Undoubtedly also through the influence of Roman institutions with which the Franks under their Merovingian kings came into close contact, there arose that social and political institution which became finally known as the feudal system. By the grants of lands which the kings made out of their estates to their kinsmen and followers with the understanding that they would be faithful and render service to their masters, a peculiar relationship grew up, based on land tenure, the land so granted being called a fief or feud, and the relationship being called vassality or vassalage. This vassalage denoted the personal tie between the grantor and grantee, the lord and the vassal; the lord having the obligation to defend the vassal, and the vassal to be a faithful follower of his lord. Similar relationship arose from the surrender by landowners of their estates to the church or to other powerful barons, to be received back again as fiefs and to be held by them as tenants in exchange for rent or service. In this way a complete organization of society developed in which, from the king down to the lowest landowner, all were bound together by obligation of service and defence, both the defence and service being regulated by the nature and extent of the fief. Finally, all kinds of property of whatever nature, as well as official positions which would give an income, were subject to be treated as fiefs. The obligations of the recipient were of various nature, but finally service in army or court became the main one, giving rise to the class of knights (Ritter) or barons, while the fiefs to the small farmer gave rise to the class of peasants (Bauern, this name appearing first in 1106 under Conrad II).

The fiefs of the higher class, while at first given only to the individual, became early hereditary, and hereditary succession to estates and offices generally became the rule. Primogeniture in the succession to the estates did then not as in England prevail in Germany; instead, either tenancy in common, or else equal division among the sons was practised. As a result the very many small principalities came into existence in the 14th and 15th centuries, these growing smaller and smaller by subdivision. The first to institute the primogeniture rule by law was the house of Brandenburg (in the 15th century).

In addition to the class of peasants and knights, there came into existence a third class, the burghers, when, by the order of Conrad I in the beginning of the 10th century, towns were built with walls and towers for defence against the encroachments of the Huns, who endangered the eastern frontier Mark. In order to encourage the settlement of these towns, any slave moving to town was declared a freeman; and the cities became free republics; gifts of land, including forest areas, were made to the cities, and the development of industries was encouraged in every way. These cities, favored by the kings, and, having become rich and powerful, in the later quarrels of the kings with the lawless nobility, gave loyal support with money and arms. In return for their loans, the forest properties of the kings were often mortgaged to the burghers; and, failing of redemption, were often forfeited to them. In this way and through purchases the city forests came into existence.

Still other property conditions arose when, under Otto the Great (960), colonization of the eastern country beyond the Elbe was pushed. In these cases, the Mark institution was absent, although the colonists did often become part owners in the king’s forest, or acquired parts of it as common property, or else secured rights of user in the nearest royal forest.

By the end of the period, due to these various developments, a great variety of property conditions in forest areas had developed, most of which continue to the present time, namely royal properties, which by the end of the eighteenth century and the beginning of the nineteenth were in part to become state property; princely and lordly possessions under separate jurisdiction, with or without entail, and mostly encumbered with rights of user; allodial possessions (held independent of rent or service); municipal possessions owned by city corporations; communal properties, the remnants of the Mark; and farmers’ woodlots (Bauernwald), resulting from partitions of the Mark.

All these changes from the original communal property conditions did not, of course, take place without friction, the opposition often taking shape in peasants’ revolts; hundreds of thousands of these being killed in their attempts to preserve their commons, forests and waters free to all, to re-establish their liberty to hunt, fish and cut wood, and to abolish tithes, serfdom and duties.

2. Forest Treatment

As stated, the German tribes which settled the country were herders and hunters, who only gradually developed into farmers while the country was being settled. At first, therefore, as far as the forest did not need to give way to farm lands, its main use was in the exercise of the chase and for pasture, and especially for the raising and fattening of hogs; the number of hogs which could be driven into a forest serving as an expression of the size of such a forest. Oak and beech furnishing the mast were considered the preferable species. It is natural, therefore, that, wood being plentiful and the common property of all, the first regulation of forest use had reference to these, now minor benefits of forest property, as for instance the prohibition of cutting mast trees, which was enforced in early times. The first extensive regulation of forest use came however, from the exercise of the royal right of the ban and merely for the avowed purpose of protecting the chase.

Real forest management, however, did not exist, the forestarii mentioned in these early times being nothing but policemen guarding the hunting rights of the kings or other owners. The conception that wood on the stump was of the same nature as other property and its removal theft had not yet become established: “quia non res possessa sed de ligno agitur” (wood not being a possessed thing), a conception which still pervades the laws of modern times to some extent.

The necessity of clearing farm lands for the growing population continued, even in the western, more densely populated sections, into the 12th and 13th centuries. The cloisters were especially active in colonizing and making farm land with the use of axe and fire, such cloisters being often founded as mere land speculations. Squatters, as with us, were a frequent class of colonists, and in eastern Prussia continued even into the 17th and 18th centuries to appropriate forest land without regard to property rights.

The disturbed ownership conditions, which we have traced, led also often to wasteful slashing, especially in the western territory, while colonization among the Slavs of the Eastern sections led to similar results. In the 12th century, however, here and there appear the first signs of greater necessity for regulating and restricting forest use in the Mark forest, and for improvement in forest conditions with the purpose of insuring wood supplies.

In that century, division of the Mark forest begins for the alleged reason that individual ownership would lead to better management and less devastation. In the 12th and 13th centuries also, stricter order in the fellings and in forest use was insisted upon in many places. In the forest ordinances of the princes and barons, which, of course, have always reference to limited localities, we find prescriptions like the following: The amount to be cut is to be limited to the exact needs of each family and the proper use of the wood is to be inspected; the timber is to be marked, must be cut in a given time and be removed at once; only dry wood is to be used for fuel and the place and time for gathering it is specially designated, similar to the present practice. The best oak and beech are to be preserved (this, however, merely with reference to the mast), and in the Alps we find already provisions to reserve larch and pine. The charcoal industry is favored (because of easier transportation of its product), but permitted only under special precautions. Bark peeling and burning for potash is forbidden. The pasture is regulated with regard to the young growth, and sheep and goats are excluded.

Such measures are, to be sure, found only here and there where local conditions gave rise to a fear of a timber famine; such communities may also be found making attempts to protect themselves against reduction of home supplies by forbidding the export of wood from their territory. An amusing restriction of this kind is found at Altenstadt where the bakers were forbidden to bake bread for any but the citizens of the town.

The first ordinance prohibiting for clearings is found at Lorsch in the Rhenish country in 1165, and other ordinances with such prohibition are on record in other parts in the 13th century. In 1237, at Salzburg, clearings were prohibited in the interest of the salt mines, “so that the cut forest may grow up to wood again,” and also in other parts where mining interests made a special demand for props or charcoal the regulation of forest use was begun early.

The difficulties of transportation in the absence of roads rendered local supply of more importance than at present, and this accounts for the early measures to secure more economical use while distant woods were still plentiful but unavailable.

While in the 12th and 13th centuries a merely restrictive and regulative, or else a let-alone policy, “allowing the wood to grow up,” prevailed, we find in the 14th century the first beginnings of an attempt at forest extension or recuperation.

In 1309, Henry VII ordered the reforestation of a certain stripped area by sowing. Of the execution of this order we have no record, but the first actually executed plantation on record is that by the city of Nuremberg, in 1368, where several hundred acres of burned area were sowed with pine, spruce and fir; and there is also a record that in 1449 this crop was harvested. In 1420, the city of Frankfort on the Main followed this example, relying on the Nuremberg seed dealer, whose correspondence is extant and who was invited to go to Frankfort for advice how to proceed. He sowed densely in order to secure clear boles, but expressed the opinion that the plants could not be transplanted; he also relied on the phases of the moon for his operations.

The planting of hardwoods seems to have been begun much later; the first reference to it coming from the cloister and city of Seligenstadt, which agreed in 1491 to reforest annually 20 to 30 acres with oak.

Natural regeneration by coppice was in quite general practice and proved satisfactory enough for fuelwood production. The system of coppice with standards was also frequently practised, the standards, 20 or 30 to the acre, being “reserved for the lord.”

In the timber forest, the unregulated selection system was continued generally through the period, although in 1454 we find in the Harz Mountains a transition to a seed tree management, a few seed trees or groups of seed trees being left on the otherwise cleared area, somewhat in the manner of the French méthode à tire et-aire. Toward the end of the 15th century we find here and there a distinction made between timber forest, where no firewood is to be cut, and “leaf forest” which is to serve the latter purpose, and is to be treated as coppice.

Toward the end of the period we find, however, various provisions which are unquestionably dictated by the fear of a scarcity of timber. The discovery that pasture prevents natural regeneration led to a prohibition of pasturing in the newly cut felling areas. In 1488, we find already a diameter limit of 12 inches – just as is being advocated in the United States now – as a basis for conservative exploitation, the city of Brunswick buying stumpage, and in the contract being limited to this diameter, and in addition obligated to leave 15 oaks or aspen per acre for seed trees.

Attempts at regulating the use of a given forest by division into felling areas are recorded in 1359, when the city forest of Erfurt, 286 acres, was divided into seven felling areas. It is questionable whether this referred to a coppice with short rotation or whether a selection forest with seven periodic areas is meant.

We see, then, that the first sporadic and, to be sure, crude beginnings of a forest management in Germany may be traced back to the 14th and 15th centuries; but it took at least 250 to 350 years before such management became general.

Outside of the information found scattered in forest ordinances, instructions and prescriptions of various kinds there is no forestry literature to be recorded from this period except one single book, published about the year 1300, by an Italian, Petrus de Crescentiis, which was translated into German. It was merely a scholastic compilation on agriculture and allied subjects, mostly cribbed from old Roman writers and without value for German conditions.

II. First Development of Forestry Methods

(Period 1500 to 1800.)

The period following the middle ages marks the gradual changes from the feudal system to the modern State organizations and to considerable change of ownership conditions and forest treatment. Various causes which led to an increased development of industrial life were also instrumental in hastening the progress of forest destruction. At the same time, during this period the germs and embryonic beginnings of every branch of forestry, real forestry policy, forestry practice and forestry science are to be noted. By the end of this period, preparatory to more modern conditions, we find organized technical forest administrations, well developed methods of silviculture and systems of forest management.

1. Development of Forest Property Conditions

A number of changes in the conceptions of political relations, in methods of life and of political economy brought further changes in property conditions on the same lines as those prevailing in the 14th and 15th centuries. These changes were especially influenced by the spread of Roman law doctrine regarding the rights of the governing classes; by the growth of the cities, favoring industrial development and changing methods of life; by the change from barter to money management, favored by the discovery of America, by other world movements, and by the resulting changes in economic theory.

Through the discovery of the new world and the influx of gold and silver that came with it gave impetus to industry and commerce of the cities; the rapid increase of money capital increased extravagance and induced a desire for amassing wealth, which changed modes of life, changed policies and systems of political economy.

The fiscal policy of the many little principalities was dominated by a desire to get a good balance of trade by fostering exports of manufactures, but forbidding exports of raw materials like forest products, also by forbidding imports, subsidizing industries, fixing prices by law, and taking in general an inimical attitude towards outsiders except in so far as they sent gold and silver into the country.

This so-called mercantilistic system, which saw wealth not in labor and its products but in horded gold and silver, had also full sway in England under Cromwell, and in France under Colbert’s influence. This fiscal policy, which was bent upon bringing cash into the country, led, under the direction of servile officials, to oppressive measures. A reaction naturally followed, when it was pointed out that the real wealth of a nation lies in its natural resources and in its labor. But this so-called physiocratic doctrine had little practical influence except to prepare men’s minds for the reception of the teachings of Adam Smith at the end of the period.

The doctrine of the Roman law, deified by the jurists and commentators, undermined the national conceptions and institutions of free citizenship and of existing property relations; courts, legislation and administration were subject to their sway, and this influence lasted, in spite of reactions, until the end of the 18th century. Under it the doctrine of the imperium– the seignorage or superior power of the princes (Hoheitsrecht) – was further developed into the dominium terrae, i.e., superior ownership of all the land, which gives rise to the title and the exercise of the function of “Landesherren,” masters of the land, and confers the privilege of curtailing and even discontinuing private property rights. To sustain their position in each of the state units, a restriction of the autonomy of churches and cloisters, of the Mark and of the vassals became needful to the princes. This was secured by taking the first under their protection, by making themselves Obermärkers, and by changing vassals who held office in fief into employes (Beamte). For a time the three privileged classes of prelates, knights and burghers, combined in the Landstand or Landtag, participated in some of the functions of government, especially in raising and administering taxes, but by the second half of the 14th century the princes had become absolute, and the doctrine of the Hoheitsrecht was firmly established.

Under this doctrine, the historic position of the Mark is perverted and instead of being the common property of the people, it becomes the property of the prince, on which he graciously permits the usufruct; for, forest, pasture and water (Wald, Weide, Wasser) are res publicae, hence ownerless and at the disposal of the king. Through this new construction of relationship, as well as through the same machinations and tricks which the princes as Obermaerker or headmen of the Mark had employed during the foregoing period in usurping power, and partly through voluntary dissolution was the decadence of the social, economic and political organization of the Mark gradually completed.

The original usufruct of a property held in common is explained in the Roman sense as a precarium or servitude, and from being a right of the whole organization becomes a right of the single individual or group of individuals. In this way the socialistic basis of the Mark is destroyed. Through the exercise of the Forsthoheit, i. e., the superior right of the prince over all forest property, by the appointment of the officials instead of their election, by issuance of ordinances, in short, by the usurpation of the legislative and police power, the political power of the Mark is broken and the Thirty Years’ War completes the breakdown; the pride of the burgher and the peasant is gone, their autonomy destroyed and their economic and political organizations sink into mere corporations based on land tenure, which, according to Roman doctrine come under the regulation of the State or Prince.

The nobility move into the cities and leave the administration of their estates to officials who are constantly pressed to furnish the means for the extravagant life of their masters. These in turn harass and oppress the peasantry, who finally become bondsmen, Gutshörige (bound to the glebe) and lose their independence entirely. These, briefly, are the steps by which the changes, social and economic, progressed.

Reforms in this situation of the peasantry began first in Prussia in 1702, when bondage was abolished for all those who could purchase their houses and farms from the gentry. As few had the means to do so, the result was the creation of a proletariat, hitherto unknown because under the old feudal system the lord had to feed his impoverished bondsmen from which he was now absolved.