When the laws, plain of themselves, are thus illustrated by facts, and their uniform meaning established by history, we do not want the authority of opinions, however respectable, to inform our judgment, or to confirm our belief. But I am determined that you shall have no escape. Authority of every sort shall be produced against you, from Jacob to Lord Coke, from the dictionary to the classic.—In vain shall you appeal from those upright judges whom you disdain to imitate, to those whom you have made your example. With one voice they all condemn you.
"To be taken with the maner, is where a thief, having stolen any thing, is taken with the same about him; as it were in his hands, which is called flagrante delicto. Such a criminal is not bailable by law."—Jacob, under the word maner.
"Those who are taken with the Maner, are excluded by the statute of Westminster, from the benefit of a replevin."—Hawkins, P.C. 2. 98.
