Obj. And whereas it was said that the Sheriff cannot Assess himself, and the Precedents war∣rant not this Assessment by the Sheriff.
Ans. I answer, All the Precedents are not a∣gainst it, but commonly it is not so, and yet there have been a multitude of Precedents thus.
As to the Inequality of it, Mr. Hampden had the least Cause of any man in England to complain, considering how he was rated.
Again, All that the Writ commands is but an Assessment Juxta facultates suas, ita quod omnes, &c. And if the Sheriff do otherwise & wrong the Sub∣jects, he is answerable: By divers Ancient Prece∣dents it appears, where the Sheriffs have been faulty this way, they have been punished; and Sir Walter Norton's Case now depending in the Star-Chamber concerns this, for thi•• abuse in le∣vying this Charge, being High Sheriff of Lincoln-Shire.
Truly, I think, as my Lord Chief Baron said, If there had not been an inequality by the abuse of the Assesses, the Charge had not been complain∣ed of; yet the like inequality is in Subsidies, and this is no just cause of Execution against it, but of accusation against the Sheriff, who is to answer it.
And I can say truly, that His Majesty hath been very careful to prevent and remedy the abuses therein, and hath often sat daily present in Coun∣cel Chamber to give His Advice herein himself; and upon His Command Reformation hath been in divers parts, and it hath been given in charge to all His Judges in their Circuits to endeavour the same in all parts: And I my self by his Com∣mand have rectified Rates in this kind unequal; and I doubt not, if necessity of danger shall still require it, or again, it may hereafter be done with all Equity.