William North and Grace Featley, Respondents.  
On the behalf of Bromley College AGAINST Lee Warner Gent. Appellant.  
To be Herd on Tuesday the 3d of March; 1695.   

The CASE of WILLIAM NORTH and GRACE. FEATLEY, 
KENT.  On behalf of herself and the rest of the WIDOWS in Bromley College in Kent, Respondents. To the Petition and Appeal of LEE WARNER Gent. Appellant.  
DOCTOR WARNER, 
14 Septemb. 1666.  late Bishop of Rochester by his Will then dated, Devised out of his Manor of Swayton 450 l. per Annum for ever, to maintain 20 poor Widows of Orthodox and Loyal Clergymen, and of a Chaplain to Minister to them in Holy things, in an Alms-House, then to be Built by his Executors out of His Personal Estate. To which Chaplain he gave 50 l. per Annum, and to each of the Widows 20 l. per Annum: The Election of which Widows and Chaplain, to be by his Executors for the time being; and after their decease to such trusties as they should appoint.  
The said Manor of Swayton was by the said Will devised to the Appellant, 
22 Car. 2.  charged with the payment of the said 450 l. for ever. By an Act of Parliament then made, for explaining and altering some Clauses in the said Will, there was 5 l. per Annum more for ever charged on the said Manor, to raise a Stock for Repair of the said Alms-House, and that no part of the 20 l. per Annum to the said poor Widows should be defaulked for that purpose; but no alteration to the Charity in question thereby.  
The said Alms-House was soon after built at Bromley in Kent, and called Bromley-Colledge, and 20 Widows placed therein above 20 years since, and so continued and supplied from time to time as there was a Vacancy. And the said 20 l. per Annum apiece was Customarily paid to them Quarterly, according to an Order for that purpose set up in the Chapel of the said College by the Appellant.  
The Respondent Featley was duly placed in as one of the Widows of the said College by Dr. Pierce, the surviving Executor of the Donor, and continued so quietly for some time; but her Pension (with the rest of the Widows) being much in Arrear, and thereby forced to run into Debt as far as her Credit would go, and being ready to starve (as most of the Widows than were) their Credit being quite gone, she was very pressing upon her Knees to the Appellant, for herself and the rest of the Widows, to Consider her (with the other Widows) lamentable Condition. Upon which this Respondent Featley was illegally and violently turned out by the Appellant, or his Order; and her Chamber broken open in her absence, and her Goods thrown out, 
May 1692.  spoiled and destroyed: There being about 60 l. due to her for her Pension in May then last passed.  
The Widows of the said College have a Right to two Acres of Ground adjoining to the said College, of the value of 40 s. per Annum, which had been detained from them for one year than last passed by the Appellant.  
A Commission of Charitable Uses, 
3 Nou. 1692.  grounded upon the Statute of the 43d of Eliz. was taken out, Directed to the Lord Bishops of London, Rochester, Lincoln, and other Bishops and Persons of considerable Quality.  
By Inquisition taken before the said Lord Bishops, 
28 Mar. 1693  and other Commissioners, upon the Oaths of about twenty Able persons of the said County, Returned on a Jury by the Sheriff, to Inquire into the said Charity; All the said Matters above set forth were found to be so, upon a full Hearing of the Appellant and the said Widows.  
Upon Consideration of the said Jurors Inquisition, 
19 Jun 1693.  and that there had not been, nor then were any trusties duly Elected and Appointed, for the inspecting and well governing of the said Charity; and the Commissioners being satisfied there had been great Abuses committed by the said Appellant for want of trusties, he having for several years than last passed taken upon him the sole Government thereof, and finding a necessity for appointiug trusties for the Good Government thereof.  
The said Commissioners did Decree the Archbishop of Canterbury, 
Commissioners Decree.  and Eleven other Persons of great Worth and known Integrity, in the County to be Tustees, to Manage and Govern the said College and Charity for the future, and that the Payments be made the Widows Quarterly; and, this Respondent Featley to be paid the Arrears, and to be restored forthwith to her Apartment in the said College, and the other Widows to be paid their Arrears: And the said two Acres of Ground to be disposed of by the trusties for the Charity, and 40 s. to be paid by the Appellant for one years' Rent thereof; and the Issues and Profits thereof, for the future, to be received by the trusties, or their Receiver, for the use of the said Widows.  
To which Decree the Appellant Excepted, 
Exceptions.  pretending this Charity was not within the Statute of Charitable Uses, the Founder having directed who should govern the same. That the Charity was not payable Quarterly; but Yearly. That no Orders were set up for a Quarterly payment by him, that could oblige him. That he ought to pay the Charity to the Widows, and not to the trusties. And that he did not turn the Respondent Featley out; but Dr. Pierce did, who had placed another in her stead, and that Widow was duly paid. That he never received any of the Rent of the two Acres; but the Chaplain did, for the use of the College. That the Appellant was constituted Trustee for the Charity, and had not broke his Trust; and yet is turned out, and others put in.  
To which Exceptions, 
Answer.  the said North for the Charity Answered: That this Charity was within the Statute; for that by the Will and Act of Parliament the Executors of the Founder, and such trusties as they should appoint after them, are only trusties, and not Special Visiters, within the Proviso of the Statute; and by reason of the great Abuses committed by the Appellant, the Commissioners were obliged to make such Decree for the well government thereof. That the Will and intent of the Donor was, the Widows should be paid to the best advantage of the Charity, and there being no Time or manner of Payment limited the Commissioners had power to Order it. That there were Orders set up in the Chapel of the said College by the Appellant, for the Quarterly Payment, and from time to time paid accordingly; and without such Quarterly Payment the Widows must live miserably upon Trust. That it is the practice of Commissions of this nature, when they change the Trust, to Decree the Payment to the new trusties for the Poor, and their Acquittance is a good Discharge. That the Appellant did turn out the said Widow Featley in a violent manner, six Months after Dr. Pierce his Death, and the Appellant did place another Widow in her stead; but did not Pay her, as pretended. That the Rent for the two Acres was received by the Chaplain; but disposed of by the Appellants Order, which belonged to the Widows. That the Appellant was never duly constituted a Trustee therefore, and for several grand Miscarriages committed by him in the Trust: And that the Charity was like to be destroyed, if he was continued; the Commissioners laid him aside, and placed others therein.  
That Depositions were taken on both Sides, and all the said Matters proved on behalf of the Charity.  
This Cause then coming to be heard before the Right Honourable the Lord Keeper of the Great Seal of England, 
24 Nou. 1693.  upon a full Hearing of Council, and Reading the Proofs on both Sides, his Lordship confirmed the said Commissioners Decree; which Decree of the said Lord Keeper was Signed and Enrolled accordingly.  
The Appellant appealed against the said Decree to this Honourable House the last Sessions of Parliament, and the Respondent North put in his Answer thereto: But pending that Appeal the Appellant did prevail with some few of the trusties to have another Meeting. And in order thereunto the Appellant illegally procured another Commission to issue; and thereupon the Appellant by his subtle Insinuations persuaded some few of the Commissioners, to comply with him to Sign a New Decree, differing from the former in many particulars: Whereby the former Decree, made by all the Commissioners, and (upon a full Hearing and due Proofs) Confirmed by the Lord Keeper, and Signed and Enrolled, was made null and void; and then the Appellant withdrew that Appeal. To which Second Decree the Widows did never consent; but so soon as they understood the Matter, they preferred their Petition to the Lord Keeper against the said Second Decree, and soon after put in Exceptions thereto; and amongst other Matters insisted (as now they do) that the said second Decree of the Commissioners was Illegal and Unwarrantable. To which Exceptions the Appellant put in his Answer.  
And the said Cause come on again to be Herd, 
A Second Hearing the 28 Oct. 1695.  upon the Exceptions to the said Second Decree of the Commissioners; and upon full Hearing of Council on both Sides, the Lord Keeper allowed the Exceptions, and Reversed the said Second Decree of the Commissioners as illegal and unwarrantable.  

Therefore the said Mr. Warner hath brought this Appeal.  
But the Poor Widows hope Your LORDSHIPS will see no Cause to Reverse, Change or Alter the said First Decree made by the Commissioners, or the Order made by the Lord Keeper, on the Arguing of the Exceptions thereto: And humbly pray your Lordships will not suffer them to be surprised by the said Second Decree of the Commissioners; but will quiet them at last, after so long a Travel and great Expense, and utter Ruin, if Your Lordships shall not let the First Decree of the Commissioners stand; and by Your Lordships be Ratified and Confirmed, and be observed and performed, and the Respondents dismissed with Costs, for this unjust and unreasonable Trouble and Vexation given them by the Appellant.