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.

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