KFLCC Kingdom Law 2nd Ed.

LIBERTATIBUS EXIGENDIS

722

LIBERTY

LIBERTATIBUS EXIGENDIS IN ITI NEBE. An ancient writ whereby the king commanded the justices in eyre to admit of an attorney for the defense of another's liberty. Reg. Orig. 19. LIBERTI, LIBERTINI. Lat. In Rom an law. Freedman. There seems to have been some difference in the use of these two words; the former denoting the manumitted slaves considered in their relations with their former master, who was now called their "patron;" the latter term describing the status of the same persons in the general social economy of Rome. LIBERTIES. Privileged districts exempt from the sheriff's jurisdiction; as, "gaol liberties" or "jail liberties." See GAOL. Libertinum ingratum leges civiles in pristinaxn servitutem redigunt; sed le ges Anglise 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. See Booth v. Illinois, 184 U. S. 425, 22 Sup. Ct 425, 46 L. Ed. 623; Munn v. Il linois, 94 U. S. 142, 24 L. Ed. 77; People v. Warden of City Prison, 157 N. Y. 116, 51 N. E. 1006,'43 L. R, A. 264, 68 Am. St. Rep. 763; Bessette v. People, 193 111. 334, 62 N. E. 215, 56 L. R. A. 558; State v. Continental Tobacco Co., 177 Mo. 1, 75 S. W. 737; Kuhn v. Detroit City Council, 70 Mich. 534, 38 N. W. 470; People v. Judson, 11 Daly (N. Y.) 1. "Liberty," as used in the provision of the fourteenth amendment to the federal constitu tion, forbidding the states to deprive any per son of life, liberty, or property without due process of law, includes, it seems, not merely the right of a person to be free from physical restraint, but to be free in the enjoyment of all his faculties in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation; and for that purpose to enter into all contracts which may be proper, necessary, and essential to carrying out the purposes above mentioned. Allgeyer v. State of Louisi ana, 17 Sup. Ct. 427. 165 U. S. 578. 41 L. Ed. 832. 2. The word also means a franchise or personal privilege, being some part of the sovereign 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 im munity claimed, or a jurisdiction exercised. LIBERTICIDE. A destroyer of liberty.

In this sense, the term is commonly used In the plural; as the "liberties of the city," "the northern liberties of Philadelphia." —Civil liberty. The liberty of a member o* society, being a man's natural liberty, so far restrained by human laws (and no further) as is necessary and expedient for the general ad vantage of the public. 1 Bl. Comm. 125; 8 Steph. 487. The power of doing whatever the laws permit 1 Bl. Comm. 6; Inst. 1, 3, 1. See People v. Berberrich, 20 Barb. (N. Y.) 231; In re Ferrier, 103 111. 372, 43 Am. Rep. 10; Dennis v. Moses, 18 Wash. 537, 52 Pac. 333, 40 L. R, A. 302; State v. Kreutzberg, 114 Wis. 530, 90 N. W. 1098, 58 L. R. A. 748, 91 Am. St Rep. 934; Hayes v. Mitchell, 69 Ala. 454; Bell v. Gaynor, 14 Misc. Rep. 334, 36 N. Y. Supp. 122. The greatest amount of absolute liberty which can, in the nature of things, be equally possess ed by every citizen in a state. Bouvier. Guar antied protection against interference with the interests and rights held dear and important by large classes of civilized men, or by all the members of a state, together with an effectual share in the making and administration of the laws, as the best apparatus to secure that pro tection. Lieber, Civ. Lib. 24.—Liberty of a port. In marine insurance. A license or per mission incorporated in a marine policy allow ing the vessel to touch and trade at a designated port other than the principal port of destina tion. See Allegre v. Maryland Ins. Co., 8 Gill & J. (Md.) 200, 29 Am. Dec. 536.—Liberty of conscience. Religious liberty, as defined be low.—Liberty of speecb. Freedom accord ed by the constitution or laws of a state to express opinions and facts by word of mouth, uncontrolled by any censorship or restrictions of government.—Liberty of tbe globe. In marine insurance. A license or permission in corporated in a marine policy authorizing the vessel to go to any part of the world, instead of being confined to a particular port of des tination. See Eyre v. Marine Ins. Co., 6 Whart. (Pa.) 254.—Liberty of the press. The right to print and publish the truth, from good motives and for justifiable ends. People v. Croswell, 3 Johns. Cas. 394. The right free ly to publish whatever the citizen may please, and to be protected against any responsibility for so doing except so far as such publications, from their blasphemy, obscenity, or scandalous character, may be a public offense, or as by their falsehood and malice they may injuriously affect the standing, reputation, or pecuniary in terests of individuals. Cooley, Const. Lim. p. 422. It is said to consist in this: "That nei ther courts of justice, nor any judges whatever, are authorized to take notice of writings in tended for the press, but are confined to those which are actually printed" De Lolme, Eng. Const. 254.—Liberty of tbe rules. A priv ilege to go out of the Fleet and Marshalsea prisons within certain limits, and there reside. Abolished by 5 & 6 Vict c. 22.—Liberty to bold pleas. The liberty of having a court of one's own. Thus certain lords had the privi lege of holding pleas within their own manors. —Natural liberty. The power of acting as one thinks fit, without any restraint or con trol, unless by the law of nature. 1 Bl. Comm. 125. The right which nature gives to all man kind of disposing of their persons and property after the manner they judge most consistent with their happiness, on condition of their acting within the limits of the law of nature, and so as not to interfere with an equal ex ercise of the same rights by other men. Bur lamaqui, c. 3, § 15; 1 Bl. Comm. 125.—Per sonal liberty. The right or power of locomo tion ; of changing situation, or moving one's person to whatsoever place one's own inclina tion may direct, without imprisonment or re straint, unless by due course of law. 1 Bl. Comm. 134. Civil Rights Cases, 109 U. S. 8, 3 Sup. Ct 42, 27 L. Ed. 835; Pinkerton v.