Blacks Law Dict. 1st ed

716

LIBERTINUM, ETO.

LIBERUM SERVITIUM

Iiibertinum ingratum leges civiles in pristinam servitutem redigunt; sed le ges AnglieB semel manumissum semper liberum judicant. Co. Litt. 137. The civil laws reduce an ungrateful freedman to his original slavery; but the laws of England regard a man once manumitted as ever after free. LIBERTY. 1. Freedom; exemption from extraneous control. The power of the will, in its moral freedom, to follow the dictates of its unrestricted choice, and to direct the external acts of the individual without re straint, coercion, or control from other per sons. Civil liberty is the greatest amount of ab solute liberty which can, in the nature of things, be equally possessed by every citizen in a state. Bouvier. The term is frequently used to denote the amount of absolute liberty which is actually enjoyed by the various citizens under the government and laws of the state as admin istered. 1 Bl. Comm. 125. Civil liberty is guarantied protection against interference with the interests and rights held dear and important by large classes of civilized men, or by all the mem bers of a state, together with an effectual share in the making and administration of the laws, as the best apparatus to secure that protection. Lieb. Civil Lib. 24. Natural liberty is the right which nature gives to all mankind of disposing of their persons and propei ty after the manner they judge most consistent with their happiness, on condition ot their acting within the limits of the law of nature, and so as not to inter fere with an equal exercise of the same rights by other men. Burlamaqui, c. 3, § 15; 1 Bl. Comm. 125. Personal liberty consists in the power of locomotion, of changing situation, of remov ing one's person to whatever place one's in clination may direct, without imprisonment or restraint unless by due course of law. 1 Bl. Comm. 134. Political liberty is an effectual share in the making and administration of the laws. Lieb. Civil lib. 2. The word also means a franchise or per sonal privilege, being some part of the sover eign power, vested in an individual, either by grant or prescription. 3. In a derivative sense, the term denotes the place, district, or boundaries within which a special franchise is enjoyed, an immunity claimed, v a jurisdiction exercised. In this

sense, the term is commonly used in the plu ral; as "the liberties of the city," "the north ern liberties of Philadelphia." LIBERTY OP SPEECH. Freedom ac corded by the constitution or laws of a state to express opinions and facts by word of mouth, uncontrolled by any censorship or re strictions of government. LIBERTY OF THE PRESS. The right to print and publish the truth, from good motives and for justifiable ends. 3 Johns. Cas. 394. The right freely to publish what ever the citizen may please, and to be pro tected against any responsibility for so doing* except so far as such publications, from their blasphemy, obscenity, or scandalous charac ter, may be a public offense, or as by their falsehood and malice they may injuriously affect the standing, reputation, or pecuniary interests of individuals. Cooley, Const. Una. p. 422. It is said to consist in this: "That neither courts of justice, nor any judges whatever, are authorized to take notice of writings intended for the press, but are con fined to those which are actually printed. 1 * De Lolme, Eng. Const. 254. LIBERTY OF THE RULES. A priv ilege to go out of the Fleet and Marshalsea prisons within certain limits, and there re side. Abolished by 5 & 6 Viet. c. 22. LIBERTY TO HOLD PLEAS. The liberty of having a court of one's own. Thus, certain lords had the privilege of holding pleas within their own manors. Liberum corpus nullam recipit sesti mationem. Dig. 9, 3, 7. The body of a freeman does not admit of valuation. Liberum est cuique apud se explorare an expediat sibi consilium. Everyone is free to ascertain for himself whether a recom mendation is advantageous to his interests. 6 Johns. 181. 184. LIBERUM MARITAGIUM. In old English law. Frank-marriage. Bract, fol. 21. LIBERUM SERVITIUM. Free serv ice. Service of a warlike sort by a feudatory tenant; sometimes called "servitium liberum armorum ." Jacob. Service not unbecoming the character of a freeman and a soldier to perform; as to serve under the lord in his wars, to pay a sum of money, and the like. 2 Bl. Comm. 60.

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