26
History of Local Rates
received rent” for the 130 acres, whereas it would, he
alleged, “be against law and reason, and against the
common experience of all England,” that he should
be rated if he had let the land. In response to this
complaint, the court, which had not then the horror
of giving unnecessary decisions it now feels, resolved
that “ when there is a farmer of the same lands, the
lessor who receives rent for them shall not be charged
for them in respect of his rent, because there is an
inhabitant and parishioner who may be charged, and
the receipt of the rent doth not make the lessor a
parishioner.” While thus throwing over the old
principle in favour of the new and more convenient
practice, the court was still willing to do lip-service
to the old principle, for it observed, “In this case the
charge is on the person, and not on the land, but is
on the person in respect of the land, for the more
equality and indifferency.”
Coke was counsel in this case himself, and he says
at the end of his report, “ Note, reader, this is a good
zase to many purposes, and therefore well observe the
consequences of it.” 1
Reports, Pt. v. pp. 67, 68.