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Updated: May 26, 2025
He proposed to join the laws of excise to those of the customs; that the further subsidy of three farthings per pound charged upon imported tobacco, should be still levied at the custom-house, and payable to his majesty's civil list as heretofore; that then the tobacco should be lodged in warehouses, to be appointed for that purpose by the commissioners of the excise; that the keeper of each warehouse, appointed likewise hy the commissioners, should have one lock and key, and the merchant-importer have another; and that the tobacco should be thus secured until the merchant should find vent for it, either by exportation or home consumption; that the part designed for exportation should be weighed at the customhouse, discharged of the three farthings per pound which had been paid at its first importation, and then exported without further trouble; that the portion destined for home consumption should, in presence of the warehouse-keeper, be delivered to the purchaser, upon his paying the inland duty of fourpence per pound weight, to the proper officer appointed to receive it; by which means the merchant would be eased of the inconvenience of paying the duty upon importation, or of granting bonds and finding sureties for the payment, before he had found a market for the commodity; that all penalties and forfeitures, so far as they formerly belonged to the crown, should for the future be applied to the use of the public; that appeals in this, as well as in all other cases relating to the excise, should be heard and determined by two or three of the judges, to be named by his majesty; and in the country, by the judge of assize upon the next circuit, who should hear and determine such appeals in the most summary manner, without the formality of proceedings in courts of law or equity.
The juryman, Toole told us afterwards, was delighted, for he escaped for the whole Assize. Although there was much laughter, Toole knew his position and dignity too well to join in it; but he did what any respectable citizen would be expected to do in the circumstances tried to suppress it, yet made such faces in the attempt that the whole house came down in volleys.
Because of the alleged drunkenness and disorderly conduct attendant upon some of these ales, the justices of assize and the justices of the peace attempted in some shires to put them down on various occasions. More effective, perhaps, in doing away with them was the gradual growth of Puritanism.
"It is well known that during all the speeches he would deliver in the course of an assize sessions, Lachaud never lost sight of the two or three jurymen whom he knew or felt to be influential but obstinate. As a rule he was successful in winning over these refractory jurors.
A third was Henry Sherwood, student at law in the office of Attorney-General Robinson, and Clerk of Assize. He was a son of the Honourable Levius Petere Sherwood, one of the puisne judges, and was also connected with other leading members of the ruling faction.
Pen had a strong sense of humour and justice, and had not therefore an overweening respect for his own works; besides, he had his friend Warrington at his elbow a terrible critic if the young man was disposed to be conceited, and more savage over Pen than ever he was to those whom he tried at his literary assize.
Nor did he leave a single enterprise to chance: 'He divided the city and suburbs into wards or divisions, and appointed the persons who were to attend each ward, and kept them strictly to their duty. If a subordinate dared to disobey or to shrink from murder, Jonathan hanged him at the next assize, and happily for him he had not a single confederate whose neck he might not put in the halter when he chose.
And accordingly the Judges, after a few words, recorded their judgment, which bore, that the indictment, if proved, was relevant to infer the pains of law: And that the defence, that the panel had communicated her situation to her sister, was a relevant defence: And, finally, appointed the said indictment and defence to be submitted to the judgment of an assize. Most righteous judge! a sentence.
The Omniscient Judge at the grand assize shall ratify and confirm this to the confusion of many thousands; for England and her metropolis shall know that there hath been a prophet among them. The evangelist was wont to say "As I cannot get a D.D. for want of cash, neither can I get a M.A. for want of learning, therefore I am compelled to fly for refuge to S.S."
The second in the series, the Assize of Clarendon, the first that concerns the civil judicial system, though we have good reason to suspect that it was not actually Henry's first attempt at reform, dates from early in the year 1166. It dealt with the detection and punishment of crime, and greatly improved the means at the command of the state for these purposes.
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