case fix part Croxall minister of the unite parish of saint mary Somerset and  saint mary mounthaw in the city of London April a petition to Lord chancellor  to issue his warrant for levy the sum therein mention on the inhabitant who  have refuse the minister his due accord to a assessment in under the act for  the better settle the maintenance of the parson c in the parish of the city of  London burn by the fire if the Lord mayor have do wrong in refuse his warrant  of distress this court can issue their warrant for levy the sum assess the  petition pray that Lord chancellor will issue his warrant for levy the sum of  money mention in the petition on several of the inhabitant of these parish who  have refuse to pay the minister his due accord to a assessment in it depend  upon the construction on the statute of c h chap I entitle a act for the  better settlement of the maintenance of the parson vicar and curate in the  parish of the city of London burn by the fire the question be whether the  great seal have a authority under this act to issue such warrant as be pray if  the Lord mayor upon a application to he refuse to issue one the counsel for  the petitioner in support of the authority of the great seal cite the case ex  part savage rector of the unite parish of saint Andrew wardrobe and saint  whether Blackfriar and ex part wood rector of saint Michael royal and saint  Martin vintry which come before Lord Harcourt on petition the that of October  set forth that the petitioner have respective demand of the inhabitant the  respective rate and arrear for the house c in their respective occupation but  they refuse to pay the same and that the petitioner apply to sir Richard hoar  Lord mayor for such warrant as the a t of parliament direct he to grant for  levy the say money and he refuse to grant such warrant wherefore it be pray  that his lordship will grant the petitioner his warrant to levy the several  sum of money so respective due to they by distress and sale of such good of  the parish so refuse to pay accord to the direction of the act of parliament  Lord Harcourt think the matter of the petition be of great consequence to the  inhabitant of the several parish mention in the act as well as to the clergy  of the city of London as no such complaint since the make of the act have be  before make to the Lord chancellor or Lord keeper of the great seal or to any  two of the baron of the exchequer desire the assistance of Mr baron bury and  Mr baron price and on the atkins second of December follow it come on again in  their presence when it appear that several of the quarterly sum claim by the  petitioner become due and in arrear when the house or other hereditament  whereon such quarterly sum be assess stand empty or be in the possession of  former tenant or occupier thereof and a question thereupon arise whether such  sum so assess upon the several house within the several parish mention in the  act for make up certain annual sum of money to be pay in hear of tithe be  become a fix or real charge upon the house whereon they have be so assess so  that the arrear which become due in the time of former tenant or when the  house be empty may be levy on the succeed tenant the further consideration of  the petition be adjourn to the d of December upon which day the two baron  certify their opinion that by the statute the sum of money which have be duly  accord to the direction of the act assess upon the several house c within the  parish in the act be become real charge upon the house c whereon they be so  assess so that the arrear which ought to have be pay by the former occupier of  the house or which become due when the house stand empty may be levy by  distress and sale of the good of the present occupier and Lord Harcourt  declare he entire concur in opinion with the baron and that the petitioner be  at liberty to apply to he for warrant of distress as pray by their petition  but direct they first to demand from the several person mention in the  petition the respective sum due from they that they may have a opportunity of  pay they without further trouble or charge Lord chancellor the act of  parliament direct that the alderman of each respective ware within the city of  London wherein any of the say parish respective lie and his deputy or deputy  and the common councilman of each respective ware with the churchwarden and  one or more of the parishioner of each respective parish wherein the  maintenance be respective to be assess to be nominate by such atkins er p  respective alderman deputy common councilman and churchwarden or any five of  they whereof the alderman or his deputy to be one shall at some convenient and  seasonable time assemble and meet together in some place within each of the  respective parish in such respective ware wherein the maintenance aforesaid be  to be assess and they or the major part of they so assemble shall  proportionable assess upon all house shop warehouse and cellar wharf key crane  waterhouses and toss of ground and all other atkins hereditament whatsoever  the whole respective sum by this act appoint in the most equal way that the  say assessor accord to the best of their judgement can make it another  provision in the act be that if any difference shall arise in the assessment  and a parishioner shall find himself aggrieve by the assess of any sum of  money in the manner aforesaid that then upon complaint make by the party  aggrieve to the Lord mayor and court of alderman they summon as well the party  aggrieve as the alderman and such other as make the assessment shall hear and  determine the same in a summary way and the judgement by they give shall be  final and without appeal after settle the manner of make assessment and no  appeal then come a clause that direct upon refusal of the inhabitant of the  respective parish to pay to the respective incumbent any sum respective  Payable how the same shall be levy that it shall and may be lawful for the  Lord mayor of the city of London for the time be upon oath to be make before  he of such refusal to grant a warrant for the officer appoint to collect the  same with the assistance of a constable in the day time to levy the same tithe  or sum of money so due and in arrear by distress and sale of the good of the  party so refuse then come the proviso which give jurisdiction to the great  seal provide that in case the Lord mayor or court of alderman shall refuse to  execute any of the respective power to they by this act grant or to perform  all and such thing relate either to the assess or levy of the respective sum  afore say that then it shall and may be lawful for the Lord chancellor or Lord  keeper of the great seal for the time be or any two or more of the baron of  his majesty court of exchequer b warrant under his or their respective hand  and seal to do and perform what the say Lord mayor and court of alderman  accord to the true intent and meaning of this act may or ought to have do and  by such warrant either to empower any person to make the respective assessment  or to authorize the respective officer appoint to collect the sum aforesaid to  levy the same by distress and sale of the good of any person that shall refuse  to pay the same in manner and form aforesaid I must take it here as if the  assessment be make the authority of the great seal do not extend to every case  under this act but only where there have be a refusal by the atkins Lord mayor  c to execute the power grant to they there the Lord chancellor or c for the  time be be to issue a warrant c here the Lord mayor have hear the party and be  of opinion not to grant a warrant in one case the act do not intend to leave  the minister so far in the dower of common councilman and churchwarden as to  abide by their determination but he have his appeal and it do not only give a  appeal to the minister but to the inhabitant for the word be if any variance  or difference in the assignment and a parishioner shall find himself aggrieve  c and Lord mayor determination be final there in the other case where there be  no controversy about the assessment but a refusal to pay and though the word  be shall and may be lawful yet that be imperative upon the Lord mayor if a  just demand in case of any variance or difference in the assessment between  the minister and the parishioner and appeal to the Lord mayor the court of  chancery or exchequer have no jurisdiction unless the Lord mayor refuse to  take cognizance because that will be refuse to execute their own power but if  they have enter into the consideration of the grievance in any manner their  appeal will be final in the present case the only act the Lord mayor be to do  be to issue a warrant he have refuse it and unless I enter into the question  whether Lord mayor ought to have issue a warrant I can never judge whether he  have a power to do it or no atkins er p here be as it appear to I a plain  distinction in the act of parliament for this warrant must have be find upon a  assessment and as to the parishioner if the Lord mayor have issue a warrant  improper a action of trespass will have lie against he and that may be his  reason for refuse it upon the whole I think this court have a jurisdiction to  inquire whether the Lord mayor have do right in refuse the warrant and if of  opinion he have do wrong I can issue my warrant for revving the sum assess and  his lordship give direction accord there be a dispute whether part of the  premise be liable to the assessment by consent of all party the court refer it  to arbitrator