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Hil. 12 Jac. Rot. 3007. Reyner versus Waterhouse.
Ebor.* 1.1
JOhn Reyner brought an action upon the case against L: Walterhouse,* 1.2 and declares, that wheras he is, and by the space of twenty years past have been an Inhabitant within the Town of Long Leverseidge in the Parish of Burstall: And wheras the Inhabitants of Long Lever∣seidge aforesaid, De tempore cujus contrarii memoria hominum; &c. used to have a common way as well for Foot-men as for Horse-men, to go and ride from the said Town of L. to the Parish Church of Bur∣stall aforesaid, on Lords daies, and Festivall daies, and other conve∣nient times to hear Divine Service within the said Church; and to carry bodies, &c. dying in the said Town, to the said Church to be in∣terred, Modo & forma sequent. viz &c. and shews the way through di∣vers Closes in Long Leverseidge, Little Leverseidge, and Gomersall, and over the Church-yard of the Church of Burstall, and from thence unto the Church aforesaid, and backward, &c. and shew one distur∣bance made by the Defendant by making of a Ditch in one of the Clo∣ses in Gomersall; the Defendant pleaded Non culpab: and found for the Plaintiff; and in Arrest of Iudgment it was alledged that the Venire facias fuit de Gomersall tant. And the Venire facias was quash∣ed per Curiam, and a new one awarded de L.L.G. & Burstall.