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.