Page:The History of the Church & Manor of Wigan part 2.djvu/121

300 preacher to preach in the said church of A. or in some other church in the citty att the usuall houres twixt 10 & 11 of the forenoone. 5. Whether the Maior (the cathedrall being wthin the liberties of the citty) have not equall power & authority there as in other parts of the said citty, unless the Bp or Deane & Chapter have some charter of priviledge or exempc'on to restraine the same."

[OPINION.] Chester.—"By the custome of the place (as I conceive) most of the questions arising out of the case are to be determined. And if the case be (as by all likelihood it is) that, as well during the time that the Bishops of Coventry and Lichfield were Bishops there and before the dissolution of the Abbey, as after the institution of the Bishoprique of Chester and of the Deane & Chapter there, the sermons for the city were had in S. Oswald's church, and that also at a certain time, so that a custome time out of mind hath confirmed them to that place and time, I conceive that the Bishop hath not power to change that settled custome (which makes a law) or to alter the sermons to any other place or time. And if the times of the sermons made by the parsons or vicars of the parish churches have been settled by a custome also time out of mind, I conceive that they may preach at those times notwithstanding the Bishop's inhibition; and if he do inhibit them & proceed by ecclesiastical censures, a prohibition will ly at the common law against him. And for that of the Maior's power in the cathedral church, unlesse the Bishop or the Dean & Chapter have some privilege or exemption to the contrary, either of letters patents from the King or his progenitors, or by some custome at least held time out of mind (& that the charters to the church be ancienter then the charters by which the Maior & the rest of the corporation exercise their jurisdiction) the Maior hath like liberties & jurisdiction in the cathedrall church and the precincts of it, as he hath in other churches & their precincts in other parts of the city. J. Selden."