Pasch, 1 Car.
SIR SIMON brought an action on the case for these words: You have talked with a jesuit, in your house a week, knowing him to be a jesuit. It was objected that before the 27 Eliz. this was no offence; and an indictment for harbouring a jesuit ought to contain that the defendant harboured him after the statute, and 40 days after; and if the jesuit was sick, so that he could not travel, he might remain here, and it is not felony to receive or assist him.
Jones, J.
A man may maintain a jesuit, without being within the statute; for it ought to be a jesuit born here, for if it be a French or Spanish jesuit, it is not felony to harbour him.
Adjournatur. It was replied that the words are actionable, for although it is not felony; it is a scandal to be charged with harbouring Zuares or Greg. de Valencia. Jones 68, Roll. 69.