OR RL

consider what recusancy was, aud what the penalties for recusancy were. à Fee

“The recusancy had to be established by indictment and “trial. A person could be convicted only ‘* upon indictment at “the King's suit or a regular action or information on the sta- & tute of 23 Eliz. L., or an action of debth at the King's suit alone, “ according to the statute of 35 Elize I.” * Fines were imposed for recusancy, and if these were not paid the crown was empowered, ‘* by process out of the exchequer, to take, seize ‘ and enjoy all the goods, and two parts as well of all the Jands, tenements and hereditaments, leases and farms, of ‘ such offender. . .leaving the third part only of the same lands, “ tenements and hereditaments, leases and farms, to and for “the maintenance and relief of the same offender, his wife, # children und family.”

The severe acts of even Queen Elizabeth went no further, There was no provision by wluch the wife and children were punished for the offence of the father, nor was he deprived of all his lands. And even on conviction of recusancy, new procealings were required before the crown could occupy the landes, ‘ But as to lands and tenements,” says Cuwley, ‘* there must ‘ first be an office found for the kind ; for regularly before the ‘ finding of such oflice, lands or tenemeuts cannot be seized into “the King's hand,” + The recusant was regarded as a tenant for life, even of the two-thirds, which went to the heir in remaiuder. The laws did not contiscate the lands absolutely ; and these laws gave no authority whatever to any oflicer to seize the recusant and his whole family and carry them off.

‘There was no Warrant whatever in English law for proceeding against Popish Recusants in the manner in which Lawreuce and his Council did. And if there were individuals who where guilty of over acts of treason, they had powerto punish them, but no law of England authorized the seizure of property of a whole community and the removal of their persons.” — The American Catholic Quarterly Review, October, 1884. The Acadian Coufessors of the Faith, 1755, p. 596.

* Cowley's laws as concerning Jesuits, Seminary Priests, Recuan de., and concerning the oaths of supremicy and allegiance, Fe 252.

+ Cowley's Laws, p. 104.

été bannis, et cette tache n'aurait pas été infligée à la civilisation.

Les événements de la guerre, qui se précipitèrent durant les années suivantes, détournèrent l’attention des ministres anglais, et leur firent accepter les faits accomplis. !

1. Certains historiens ont avancé qu'on avait eu recours à la déportation qu'après avoir épuisé tous les moyens de douceur, Le cabinet anglais était loin, comme le prouve la dépêche de sir Thomas Robinson, d'être de ce sentiment.

Au reste, la persécution religieuse plus ou moins sourde qu'avaient eue à subir les Acadiens, et dont nous #vons cité queljues exemples, mitige singulièrement ce prétendu régime

e douceur, Nous pourrions au besvin multiplier ces exemples,