Page:History of england froude.djvu/370

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348
REIGN OF HENRY THE EIGHTH
[ch. 4.

is that any fraction of a system so indefensible should have been permitted to continue. The courts were nothing else but the vicious sources of unjust revenue; and with the opportunity so fairly offered, it is strange indeed that they were not swept utterly away. But sweeping measures have never found favour in England. There has ever been in English legislation, even when most reforming, that temperate spirit of equity which has refused to visit the sins of centuries upon a single generation. The statute limited its accusations to the points which it was designed to correct, and touched these with a hand firmly gentle.

'Whereas great numbers of the King's subjects,' says the preamble, 'as well men, wives, servants, or others dwelling in divers dioceses of the realm of England and Wales, heretofore have been at many times called by citations and other processes compulsory to appear in the Arches, Audience, and other high Courts of the archbishops of this realm, far from and out of the dioceses where such persons are inhabitant and dwelling; and many times to answer to surmised and feigned causes and matters, which have been sued more for vexation and malice than from any just cause of suit; and when certificate hath been made by the sumners, apparitors, or any such light litterate persons, that the party against whom such citations have been awarded hath been cited or summoned; and thereupon the same party so certified to be cited or summoned hath not appeared according to the certificate, the same party therefore hath been excommunicated, or, at the least, suspended