Читать книгу A Brief History of Forestry - B. E. Fernow - Страница 16

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.

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.