case dr martin and lady arabella Howard his wife plaintiff NUTKIN all  defendant lord commissioner Gilbert and Raymond Eq can ab the plaintiff house  be so near the church that the five oclock bell ring in the morning disturb  her the plaintiff come to a agreement in write with the churchwarden and  inhabitant at a vestry that the plaintiff will erect a cupola and clock at the  church and in consideration thereof the five oclock bell shall not be ring in  the morning this a good agreement and decree to be bind in equity the bill be  bring against the defendant the churchwarden and against the parson and  overseer and several of the inhabitant of the town of Hammersmith peer William  er p to stay the ring of the five oclock bell of the town of Hammersmith which  usual have be ring at five of the clock in the morning from Michaelmas to  Candlemas except upon holiday and the twelve day at Christmas the case be the  plaintiff doctor Martin and dame Arabella Howard his wife have a house at  Hammersmith very near the church and lady Howard be of a sickly and weak peer  William constitution be much disturb and disquiet by the ring of this bell at  five of the clock in the morning and be about part with her house and remove  to another parish when it be intimate to her on behalf of the parish that she  may purchase her quiet at a reasonable sum to be lie out for the benefit of  the parish upon which it be propose on behalf of the plaintiff that they shall  build a cupola to the church and erect a clock and new bell provide that  during the life of the plaintiff and of the survivor of thorn the five oclock  bell shall not be ring and accord on a Sunday after morning service notice be  give at the church that the vestry will meet upon the occasion of the parish  in consequence of which they do meet when this proposal be make and agree to  and a entry be make of it in the parish vestrybook the same be sign by the  parson churchwarden overseer and several of the inhabitant after which the  plaintiff and the defendant the parson churchwarden overseer and some other of  the inhabitant execute article recite the proposal and agreement at the vestry  and the plaintiff thereby covenant to erect a new cupola clock and bell and  the defendant on their part covenant that the five oclock bell shall not be  ring during the life of the plaintiff or the survivor of they after this the  plaintiff cause the timber to be bring into the churchyard for the erect of  the cupola which be public see and the plaintiff be at the charge of erect the  cupola clock and bell and the five oclock bell be silence for about two year  but the defendant Nutkin a alehouse keeper be since choose churchwarden a new  order of vestry be obtain for the ring again of the five oclock bell which  occasion the peer William plaintiff to bring their bill to enjoin the ring of  this bell and on motion Lord chancellor Macclesfield grant a injunction to  stay the ring until the hear and now the cause come on before the lord  commissioner Gilbert and Raymond who decree that the injunction shall continue  during the life of the plaintiff and the survivor of they for that here be a  meritorious consideration execute on the plaintiff side that the churchwarden  be a corporation and may sell the bell or silence they and make a reasonable  agreement beneficial for the parish and thereby bind the parishioner and their  successor as also the succeed churchwarden that the ring the five oclock bell  do not seem to be of any use to the parish though of very ill consequence to  the plaintiff the lady Howard and ample recompense have be make to the parish  by the plaintiff both in the expense of the cupola clock and bell and also of  si lie out in improve the plaintiff own house which otherwise they will have  leave and it moreover appear that the majority and better part of the parish  continue Willing to abide by this agreement and protest against the now order  the court thereupon decree a injunction against the ring of this five oclock  bell accord peer William de term paschae