KFLCC Kingdom Law 2nd Ed.

721

LIBERTATIBUS ALLOCANDIS

LIBER

LIBER, adj. Lat Free; open and ac cessible, as applied to courts, places, etc.; of the state or condition of a freeman, as applied to persons. —Liber bancus. In old English law. Free bench. Bract, fol. 976.—Liber et legalis homo. In old English law. A free and law ful man. A term applied to a juror, from the earliest period.—Liber homo. A free man; a freeman lawfully competent to act as juror. Ld. Raym. 417; Kebl. 563. An allodial pro prietor, as distinguished from a vassal or feuda tory. This was the sense of the term in the laws of the barbarous nations of Europe. LIBERA. A livery or delivery of so much corn or grass to a customary tenant, who cut down or prepared the said grass or corn, and received some part or small portion of it as a reward or gratuity. Cowell. LIBERA. Lat (Feminine of liber, adj.) Free; at liberty; exempt; not subject to toll or charge. —Libera batella. In old records. A free boat; the right of having a boat to fish in a certain water; a species of free fishery.—Li bera chasea habenda. A judicial writ grant ed to a person for a free chase belonging to his manor after proof made by inquiry of a jury that the same of right belongs to him. Whar ton.—Libera eleemosyna. In old English law. Free alms; frankalmoigne. Bract, fol. 276.—Libera falda. In old English law. Frank fold; free fold; free foldage. 1 Leon. 11.—Libera lex. In old English law. Free law; frank law; the law of the land. The law enjoyed by free and lawful men, as distin guished from such men as have lost the benefit and protection of the law in consequence of crime. Hence this term denoted the status of a man who stood guiltless before the law, and was free, in the sense of being entitled to its full protection and benefit. Amittere liberam legem, (to lose one's free law) was to fall from that status by crime or infamy. See Co. Litt. 946.—Libera piscaria. In old English law. A free fishery. Co. Litt. 122a.—Libera war rena. In old English law. Free warren, (

the treasurer, chamberlains, and barons of the exchequer, for the payment of any annual pension, or other sum. Reg. Orig. 193; Cow ell. A writ issued to a sheriff, for the delivery of any lands or goods taken upon forfeits of recognizance. 4 Coke, 646. A writ issued to a gaoler, for the delivery of a prisoner that had put in bail for his ap pearance. Cowell. LIBERATIO. In old English law. Livery; money paid for the delivery or use of a thing. In old Scotch law. Livery; a fee given to a servant or officer. Skene. Money, meat, drink, clothes, etc., yearly given and delivered by the lord to his do mestic servants. Blount LIBERATION. In the civil law. The extinguishment of a contract, by which he who was bound becomes free or liberated. Wolff, Inst. Nat § 749. Synonymous with "payment" Dig. 50, 16, 47. LIBERI. In Saxon law. Freemen; the possessors of allodial lands. 1 Reeve, Eng. Law, 5. In the civil law. Children. The term included "grandchildren." LIBERTAS. Lat. Liberty; freedom; a privilege; a tranchise. —Libertas ecclesiastica. Church liberty, or ecclesiastical immunity. Libertas est naturalis facultas ejus quod cuique facere libet, nisi quod de jure aut vi prohibetur. * Co. Litt 116. Liberty is that natural faculty which permits every one to do anything he pleases except that which is restrained by law or force. Libertas inestimabilis res est. Liberty is an inestimable thing; a thing above price. Dig. 50, 17, 106. Libertas non recipit sestimationem. Freedom does not admit of valuation. Bract fol. 14. Libertas omnibus rebus favorabilior est. Liberty is more favored than all things, [anything.] Dig. 50, 17, 122. Libertates regales ad coronam spec tantes ex concessione regum a corona exierunt. 2 Inst. 496. Royal franchises relating to the crown have emanated from the crown by grant of kings. ALLOCANDIS. A writ lying for a citizen or burgess, implead ed contrary to his liberty, to have his privi lege allowed. Reg. Orig. 262. LIBERTATIBUS