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1 N.C. 83

Clark's Case

Decided July 1, 1793

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.

Decided 1793-07-01

Jones, J.

¶1A 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.

¶2Adjournatur. 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.

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