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.
Changes in forest property in particular were brought about by the increase of princely property through the various methods of exercising the seignorage. Especially after the Thirty Years’ War ownerless tracts falling under this right were plentiful. In addition, wherever waste lands grew up to wood, they were claimed by the princes:
“Wenn das Holz dem Ritter reicht an den Sporn
Hat der Bauer sein Recht verlorn.”
When wood has grown up to the spur of the knight, the peasant has lost his right.
Some additions came from the secularization of church and cloister property, and others by the slices which the princes as Obermärker secured from the Mark forests by various artifices. It is these properties, which in Prussia were turned over by the King to the State in 1713, and by other princes, not until the 19th century.
The same means which the princes employed were used by the landed gentry to increase their holdings especially at the expense of the Mark from which in their capacity of Obermärker they secured portions by force or intrigue.
The peasants’ forest property – the Mark forest – had by the 19th century been almost entirely dismembered, part having come into the hands of the princes and barons, part having been divided among the Märker, and part having become corporation forest in the modern sense.
Partition had become desirable when the restrictions of use which were ordered for the good of the forest became unendurable under the rigid rule of appointed officials, but the expected improvement in management which was looked for from partition and private ownership was never realized.
After the Thirty Years’ War the free cities were impoverished and their autonomy undermined by Roman doctrine. From free republics they became mere corporations under the supervision of appointed officials, and experienced decadence in political as well as material directions. Hence, no increase in city forest took place except through division of the Mark forest in which cities had been co-owners, and through secularized properties of cloisters.
The worst feature, from the standpoint of forest treatment, which resulted from these changes in property conditions and relationship, was the growth of the pernicious servitudes or rights of user, which were either conferred to propitiate the powerless but dangerous peasantry, or evolved out of the feudal relations. From the 16th to the 19th centuries these servitudes grew to such an extent that in almost every forest some one outside of the owner had the right to use parts of it, either the pasture, or the litter, or certain classes or sizes of wood.
These rights have proved the greatest impediment to the progress of forestry until most recent times, and only within the last few decades have the majority of them been extinguished by legal process or compromise.
2. Forest Conditions
Under the exercise of these various rights and the uncertainty of property conditions, the forest conditions naturally deteriorated continuously until the end of the 18th century; the virgin woods were culled of their wealth and then grew up to brush, as is usual in the United States.
Every forest ordinance began with complaints regarding the increasing forest devastation, and predicted a timber famine in view of the increasing population, increasing industry and commerce, and hence increased wood consumption. Especially along the water routes, which furnished the means of transportation, the available supplies were ruthlessly exploited. More serious enemies than the exploitation of the timber proved the pasturing of cattle, the removal of the litter, and above all, the fires.
Towards the end of the 16th century, ordinances against forest fires began to be enacted; yet, as late as 1778, the necessity of keeping the rides or fire lanes open in the forests of Eastern Prussia is justified by the statement that “otherwise the still constantly recurring fires could not be checked.” At another place it is stated that “not a single acre of forest could be found in the province that had not been burnt in former or later times,” and that “the people are still too much accustomed to the ruthless use of fires, so that no punishment can stop them.”
Other causes of devastation were the Thirty Years’ War, the wars of the 18th century, and the loss of interest in the forest by the peasants after the collapse of the Mark. These had often to steal what they needed, and their depredations were increased by the desire to revenge themselves on the landed proprietors for the oppressions to which they were subjected. The increase in game, which was fostered by the landed gentry, did much damage to the young growths, and the increase in the living expenses of the nobility who mostly abandoned country for town had to be met by increased exploitation.
By the end of the middle ages the reduction of forest area had proceeded so far that it was generally believed desirable to restrict the making of clearings to exceptional necessities, except in the northeastern parts and in the distant mountain districts.
Yet a growing population increased the need for farm land, and since intensive use of the existing farm area was not attempted until the end of the 18th century, the forest had to yield still further.
3. Methods of Restriction in Forest Use
All ordinances issued by the princes to regulate the management of their properties contain the prescription, that permission of the Landesherr is necessary for clearings, and that abandoned fields growing up to wood are to be kept as woodland; this partly for timber needs, partly for considerations of the chase. Still, Frederick the Great in colonizing East Prussia, expressed himself to the effect that he cared more for men than for wood, and enjoined his officials to colonize especially the woods far from water, which entailed even more waste of wood than where means of transportation allowed at least partial marketing.
Improvident clearings proceeded even under his reign on the Frische Nehrung between Danzig and Pillau, and started the shifting sands of that peninsula.
In the absence of all knowledge as regards the extent of existing supplies or of the increment, and with poor means of transportation, at least local distress was imminent.
To stave off a threatening timber scarcity, regulation in the use of wood was attempted by the forest ordinances, even to the extent of forbidding the hanging out of green brush to designate a drinking hall, or the cutting of May trees, – similar to our crusade in the United States against the use of Christmas trees. A diameter limit to which trees might be permitted to be cut, was also frequently urged. Regulation of forest use did not confine itself to the princely properties alone, but, in the interest of the whole, the restrictions were extended to all owners. These restrictions were directed either to the practice in the