Part 3

For the student of forestry the history of its development in Germany is of greatest interest not only because his art has reached here the highest and most intensive application, but because all the phases of development through which other countries have passed or else will eventually have to pass are here exemplified, and many if not most of the other countries of the world have more or less followed German example or have been at least influenced by German precedent. There is hardly a policy or practice that has not at some time in some part been employed in the fatherland of forestry.

One reason for this rich historical background is the fact, that Germany has never been a unit, that from its earliest history it was broken up into many independent and, until modern times, only loosely associated units, which developed differently in social, political and economic direction. This accounts also for the great variety of conditions existing even to-day in the 26 principalities which form the German empire.

Politically, it may be mentioned that out of the very many independent principalities into which the German territory had been divided, variable in number from time to time, the 26 which had preserved their autonomy formed in 1871 the federation of States, known as the German Empire. Each of these has its own representative government including the forest administration, very much like the state governments of the United States; only the army and navy, tariff, posts, telegraphs, criminal law and foreign policy, and a few other matters are under the direct jurisdiction of the empire, represented in the Reichstag, the Bundesrath, and the Emperor.

The 208,830 square miles of territory,[2] which supports a population of about 60 million people, still contain a forest area of around 35 million acres (26% of the land area) or .61 acre per capita, which although largely under conservative management has long ago ceased to supply by its annual increment (somewhat over 50 cubic feet per acre) the needs of the population; the imports during the last 50 years since 1862, when Germany began to show excess of imports over exports, having grown in volume at the average rate of 10% to now round 380 million cubic feet (45 million dollars) or nearly 15% of the consumption.

[2] The statistics in this book do not pretend to be more than approximations.

The larger part of Germany, two thirds of the territory and population is controlled by modern Prussia, with a total forest area of 20 million acres; Bavaria comes next with one seventh of the land area and 6 million acres of forest; the five larger states of Wurttemberg, Baden, Saxony, Mecklenburg and Hesse, occupying together another seventh of the territory with 5 million acres of forest. The balance of the area is divided among the other 19 states.

Fifty per cent. of Germany roughly speaking, is plains country, the larger part in the northern and eastern territory of Prussia; 25% is hill country, mostly in West and Middle Germany; and 25% is mountain country, the larger portion in the southern states.

There are at best only five species of timber of high economic general importance, the (Scotch) pine which covers large areas in the northern sandy plain and the lighter soils in the south; the (Norway) spruce and (Silver) fir which form forests in the southwestern and other mountain regions and represent, in mixture with broadleaf forest, a goodly proportion in the northeastern lowlands; the (English) oak, of which botanically two species are recognized; and the beech. The last two are the most important hardwoods found throughout the empire, but especially highly developed in the west and southwest. In addition, there are half a dozen species of minor or more local importance, but the five mentioned form the basis of the forestry systems.

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The history of the development of forestry in Germany may be divided into periods variously. Bernhardt recognizes six periods; Schwappach makes four divisions, namely, the first, from the earliest times to the end of the Carlovingians (911), which is occupied mainly with the development of forest property conditions; the second, to the end of the Middle Ages (1500), during which the necessity of forest management begins to be sporadically recognized; the third, to the end of the 18th century, during which the foundation for the development of all branches of forestry is laid; the fourth, the modern period, accomplishing the complete establishment of forestry methods in all parts of Germany. For the later historian it would be proper to recognize a fifth period from about 1863, when, by the establishment of experiment stations, a breaking away from the merely empiric basis to a more scientific foundation of forestry practice was begun.

For our purposes we shall be satisfied with a division into three periods, namely: first, to the end of the middle ages, when, with the discoveries of America and other new countries, an enlargement of the world’s horizon gave rise to a change of economic conditions; second, to the end of the eighteenth century, when change of political and economic thought altered the relation of peoples and countries; third, the modern period, which exhibits the practical fruition of these changes.

I. FROM EARLIEST TIMES TO END OF MIDDLE AGES.

Many of the present conditions, especially those of ownership, as well as the progress in the development both of forest policy and of forest management, can be understood only with some knowledge of the early history of the settlement of the country.[3]

[3] FELIX DAHN, _Urgeschichte der germanischen und romanischen Völker_, 1881.

As is well known, Aryan tribes from central Asia had more than a thousand years before Christ begun to overrun the country. These belonged to the Keltic (Celtic) or Gaelic race which had gradually come to occupy partly or wholly, France, Spain, northern Italy, the western part of Germany and the British Islands. They were followed by the _Germani_ (supposedly a Celtic word meaning neighbor or brother), also Aryan tribes, who appeared at the Black Sea about 1000 B.C., in Switzerland and Belgium about 100 B.C. These were followed by the Slovenes, Slovaks, or Wends, crowding on behind, disputing and taking possession of the lands left free by, or conquered from the Germani. Through these migrations, by about 400 A.D., the whole of Western Europe seems to have been fully peopled with these tribes of hunters and herders. The mixture of the different elements of victors and vanquished led to differentiation into three classes of people, economically and politically speaking, namely the free, the unfree (serfs or slaves), and the freedmen--an important distinction in the development of property rights.

1. _Development of Property Conditions._

The German tribes who remained conquerors were composed of the different groups of Franks, Saxons, Thuringians, Bajuvarians, Burgundians, etc., each composed of families aggregated into communal hordes with an elected Duke (_dux_, _Herzog_, _Graf_, _Fürst_), organized for war, each in itself a socialistic and economic organization known as _Mark_, owning a territory in common, the members or _Markgenossen_ forming a republic. Outside of house, yard and garden, there was no private property; the land surrounding the settlement, known as _Allmende_, (commons) was owned in common, but assigned in parcels to each family for field use, the assignment first changing from year to year, then becoming fixed. The outlying woods, known as the _Marca_ or _Grenzwald_, forming debatable ground with the neighboring tribes, were used in common for hunting, pasturing, fattening of hogs by the oak mast, and for other such purposes, rather than for the wood of which little was needed. In return for the assignment of the fields, the free men, who alone were fully recognized citizens of the community, had to fulfil the duties of citizens and especially of war service.

Only gradually, by partition, immigration and uneven numerical development, was the original Mark or differentiation into family associations destroyed and a more heterogeneous association of neighbors substituted. At the same time, inequality of ownership arose especially from the fact that those who owned a larger number of slaves (the conquered race) had the advantage in being able to clear and cultivate more readily new and rough forest ground. Those without slaves would seek assistance from those more favored, exchanging for rent or service their rights to the use of land; out of this relationship a certain vassalage and inequality of political rights developed.

Under the influence of Roman doctrine, a new aspect regarding newly conquered territory gained recognition, by which the Dukes as representatives of the community laid claim to all unseated or unappropriated land; they then distributed to their followers or donated to the newly established church portions of this land, so that by the year 900 A.D., a complete change in property relations had been effected. By that time the large baronial estates of private owners had come into existence which were of such great significance in the economic history of the Middle Ages, changing considerably the status of the free men, and changing the free mark societies into communities under the dominion of the barons.

The first real king, who did not, however, assume the title, was Clovis, a Duke of the Franks, who had occupied the lower Rhine country. About 500 A.D., picking a quarrel with his neighbors, the Allemanni, he subdued them and aggrandized himself by taking their Mark. In this way he laid the foundation for a kingdom which he extended by conquest mainly to the westward, but also by strategy to the eastward, the warlike tribes of Saxons and other Germans conceding in a manner the leadership of the Franks.

A real kingdom, however, did not arise until Charlemagne, in 772, became the ruler, extending his government far to the East.

At times, the kingdom was divided into the western Neustria, and the eastern Austria, and then again united, but it was only when the dynasty of Charlemagne became extinct with the death of Louis the Child (911), that the final separation from France was effected, and Germany became a separate kingdom, the eastern tribes between the Rhine and Elbe choosing their own king, Conrad, Duke of Franconia. There were then five tribes or nations, each under its own Duke and its own laws, comprising this new kingdom, namely the Franks, Suabians, Bavarians, Saxons on the right, and the Lorainers on the left bank of the Rhine, while the country East of the Elbe river was mostly occupied by Slovenians.

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.

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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.