The bishop's order to remove the sermon from St. Oswald's to the choir of the cathedral does not appear to have given satisfaction; whereupon he removed it to the nave. The mayor now submitted the following case for counsel's opinion to Mr. J. Selden :—
"The church of A. adjoyninge to the Abbey churche of R hath tyme out of mind bene a p'ish church, and impropriate to the said Abbey of B., wch Abbot had alsoe thadvowson of the vicarage of the said church of A. Att the dissoluc'on of th' Abbey 33 H. 8, the said Abbey church and p'ish church of A. were by patent made a cathedrall church, and a Bishopp and Deane and Chapter created and instituted there, and the said impropriac'on, and advowson of the church and vicarage of A. granted to the saide Deane and Chapter, who ever since have presented to the said vicarage accordingly, and the said church of A. hath retayned and kept all rights and liberties of a p'ish church, saving that the said Deane and Chapter have the Lestalls, and some other profitts of the said church of A., and are att the charge of repaire thereof.
Ever since the creac'on of the said Bishopricke and Deane and Chapter (that is for 85 yeares and during the succession of 9 bishops) the sermons upon all Sundayes and holidayes have beane by the Bishoppe, Deane and Prebends of the said cathedrall church or their substitutes in the said church of A. being adjoyninge & annexed to the said cathedrall church as aforesaid.
The said Deane & Prebends have dureing that tyme had a peculier place, where they usually sate to heare sermons in the said church of A.
The said church of A. being the most eminent & spacious in the citty of C, the Maior, Sheriffs, & Aldermen of the said citty have alsoe used, by all the tyme aforesaid, to come to the said church to heare sermons, & have an auncient Pew, wherein they usually sate, wch hath convenient places where the sword & mace doe stand before the Maior in his seate, & a desk for his book & cushion to bee before him, in wth seate alsoe the Bishopp for the tyme beinge hath usually sate wth the Maior.
In the said church of A. there are alsoe convenient seats for the Aldermen's wives, for the p'ishioners, & for most of the cittizens of best ranke in the cittye.
