case BATTELEY all versus cook all vern S c churchwarden have by order of  vestry lie out several sum for repair of the church and building two new  gallery and have at go out of their office their account take by auditor and  pass and allow by the vestry and a order of vestry for make a rate to  reimburse they bring a bill against the succeed churchwarden to enforce the  make such rate but those churchwarden be likewise remove after examination of  witness and publication pass make a good objection at the hear for that they  have no remedy but in the spiritual court or against the parishioner in  particular who employ they plaintiff be late churchwarden of the parish of  saint James in bury Suffolk and during the time of their office have by order  of the vestry expend several sum of money in repair the church and erect two  new gallery for the use of the parishioner and several sum of money have by  order of the vestry be collect towards reimburse they and they have receive  more than the bare repair do amount to but at their go out of their office  their account be take by auditor appoint by the parish and afterward pass and  allow by the vestry there remain due to they pound and upward and the vestry  make a order that a rate shall be make for reimburse they that money and then  the same vestry choose cook and another of the defendant churchwarden for the  year ensue who refuse to make any rate for reimburse the plaintiff they bring  this bill against the say churchwarden and other of the parishioner to have a  rate make pursuant to the precedent in chancery say vestry order and to be  relieve and pay the money due to they after the plaintiff have examine their  witness and before publication defendant cook and his partner be remove from  be churchwarden and new one choose and this be object to the plaintiff at the  hear of the cause Hutchins think it a material objection but it be answer for  the plaintiff that there can never be any remedy against a parish in any case  for they will be sure either to remove the of churchwarden and choose new one  or delay the cause till their time be out Trevor say the charge of the  churchwarden will be no objection if the nature of the case be such as the  court can give relief in but the plaintiff have receive as much and more than  have be lie out in repair as to what remain due to they for the gallery the  court say they will give they no relief but they must take their remedy  against such particular parishioner as have employ they or else in the  spiritual court yet a precedent be cite between birch and Barston all  churchwarden of Lambeth parish Trin W and m in this court where the court  decree the plaintiff who be late churchwarden there to be pay the money he  have lie out for the use of the parish with cost and then the decree go on and  say for which purpose the vestry of the say parish be to take notice hereof  videlicet of the decree and set a rate accord and what the churchwarden shall  pay in obedience to this decree the same be to be bring into their account and  to be allow they when they pass their account with the parish note there be  the like word in former decree of February car James and rich all which decree  be recite in the decree of W and m and be read at the hear of the case