Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/420

408 when afterwards king Edward, on his return from his French dominions in the feventeenth year of his reign, after up- wards of three years abfence, found it neceflary (or convenient) to profecute his judges for their corruption and other mal-praclices, the perverfion of judgments w by eraling and altering records was one of the caufes affigned for the heavy punifhments inflicted upon almoft all the king's juftices, even the moft able and up- right x. The feverity of which proceedings feems fo to have alarmed the fucceeding judges, that, through a fear of being faid to do wrong, they hefitated at doing that which was right. As it was fo hazardous to alter a record, even from compaffionate motives, (as happened in Hengham's cafe, which in ftrictnefs was

w Judicia perverterunt, ef in aliis errave- nmf. (Matth. Weftm. /!. D. 1289.) Hengham chief juftice of the king's bench is faid to have been fined 7000 marks, fir Adam Stratton chief baron of the exche- quer 34000 marks, and Thomas Wayland chief juPuce of the common pleas to have been attainted of felony, and to have ab- jured the realm, with a forfeiture of all his eftntes ; the whole amount of the forfeitures being upwards of 100000 marks, or 70000 pounds, (3 Pryn. Rec. 401, 402 ) An in- credible fum in thofe days, before paper credit was in ufe, and when the annual fa- lary of a chief juftice was only fixty marks. (Clauf- 6 Ed-jj. I. m. 6. Dugd. chran. J'er. 2.6.) The charge againft fir Ralph Hen- gham ( a very learned judge, to whom we are obliged for two excellent treatifes of praftice) was only, according to a tradition that was current in Richard the third's time, (Yearbook. M. z Ric.HI. 10.) his altering out of mere compaflion a fine, which was fet upon a very poor man, from 13 s. 4^'. to 6^. Sii 7. for which he was fined 800 ir.arks ; a more probable fum than 7000. It is true, die book calls the judge fopunifhed lagham and not Hengham : but I find no judge of the name of Ingbam in Dugdale's Serin ; and fir Edward Coke (4lnft. 255.) and fir Matthew Hale (i P. 0.646.) underftand it to have been the chief juftice. And cer- tainly his offence was nothing very atrocious or difgraceful : for though removed from the king's bench at this time (together with the reft of the judges) we find him about twelve years afterwards made chief juftice of the common pleas, (Pat, zqEdiu. I. tn.j. Dugd. cbren. fe r. 3 2 . ) in which office he continued till his death in zEdia. II. (Clauf. 1 Ediv. II. m. 19. Pat. 2 Eat'.: II. f.i.mg. Dugd. 34. Selden. pref. to Hengham. ) There is an appendix to this tradition, re- membered by juftice Southcote in the reign of queen Elizabeth ; (-^InK.jz. 4^/1.255.) that with this fine of chief jultice Hengham a clock-houfewas built at Weflminfter, and furnifhed with a clock, to be heard into Weftminfter-hall. Upon which flory 1 fhall only remark, that the firft introduction of clocks was not till an hundred years after- wards, about the end of the fourteenth century. ( Encyclopedic, tit. borloge.) Rh
 * Among the other judges, fir Ralph