OF THE FOREST ORDINANCE OF 1669. 55 



The term Abus, in its general acceptation, is in French 

 law applied to anything done contrary to law and usage. 

 In forest law it appears to be applied to any wrong-doing 

 in the discharge of official functions — these being regarded 

 as an abuse of the confidence placed in the officers by 

 their sovereign. 



Delit is applied generally to contraversions of orders and 

 regulations, suggestive of what may be called a misde- 

 meanour. Many misdeeds in woods and forests maybe so 

 described. But while the term is so used as to cover these, 

 the most frequent application of it seems to be what almost 

 makes it equivalent to the English term niepredation ; and 

 the phrase Bois de delif, is applied generally to wood which 

 has been felled in contravention of the ordinance ; and 

 more particularly to wood stolen from Crown forests. 

 Malversation included all kinds of fraud not included under 

 one or other of the designations thus explained. 



Many offences were punished by fine. In some cases 

 the amount of fine was specified ; in others it was left to 

 the discretion of the court. In these it was designated 

 amende arbitraire, by which I understand, not a mere 

 nominal fine, but, one proportionate to the offence, how- 

 ever heinous. 



Culprits guilty of depredations, and other like mis- 

 demeanours, were punishable by fine and restitution, the 

 latter penalty being a pecuniary payment, never less 

 in amount than the fine imposed. In these cases the fine 

 went to the king, the restitution to the possessor of the 

 forest — be he the king or another — as compensation for 

 loss and damage sustained. And restitutions adjudged 

 to communities were required to be spent exclusively and 

 entirely in public T\orks in the forest or elsewhere. 



The principal officials were Grand-Maitres des Eaux et 

 ForetSj who were superior and qualified officers, appointed 

 to watch over the execution of the ordinance, and the 

 conduct of the officers of the Maitmes, and of others who 



