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.