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But both Fletcher and Shakespeare, in their use of this phrase, unusual as it now seems to us, have only exemplified the custom referred to by our contemporary legal authority, "And so we commonly use to saye, when wee finde one doing of an unlawfull act, that we tooke him with the maynour"; though this must doubtless be understood to refer to persons of a certain degree of education and knowledge of the world.
But in such cases as these, it is not a set number that makes the Assembly Unlawfull, but such a number, as the present Officers are not able to suppresse, and bring to Justice. When an unusuall number of men, assemble against a man whom they accuse; the Assembly is an Unlawfull tumult; because they may deliver their accusation to the Magistrate by a few, or by one man. Such was the case of St.
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