Page:Black's Law Dictionary (Second Edition).djvu/729

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


LIBER

LIBER. adj. Lat. Free; open and accessible, as applied to courts. places, etc.; of the state or condition of a freeman, as applied to persons. —Liber humana.

in old English law. Free

bench. Bract. fol. 9Tb.—Liber et legalis homo. In old English law. A free and liiw- fui man. A term iipplieii to a juror, from the

earliest period.—I.iher homo. A free _man: a froomnn lly competent to act as Juror. Lil ihigm. -iii: Kebl. 563. An allodiai pro- prietor, as distinguished from a vassnl or _feudarory. This vias the sense of die term in the laws of the barbarous nations of Europe.

E‘

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.

LTBERA. Lat. (Feminine of lilicr, adj.) Free; iit liberty; exempt; not subject to

' toll or charge.

—I.il.ie1-a hntella. In old records. A free boat; the right of having a boat to fish in a cert.-iiu water: a species of free fishcry.—Li- hers. chases. hahenda. A judicial writ granted 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. Wi:iar- l,on.—LiIie1-a eleemosyna. In old English is Free aims; frankalmoigne. Bract. fol. 2ib.—Liher-a. fnlda. In old English law. Frank fold: free fold; free foidage. 1 Leon. i_l.—Lihera lex. In old English law. Free law; frank law; the law of the land. The IHVI enjoyed by free and lawful men, as distin- guishcd from such men as have lost the benefit and protection of the law in consequence of crime. Hence this term denoted the status of ll man who stood guiltless before the law, and “as free. in the sense of being entitled to its full protection and lienefit. Amitters libeaam lrgzm (to lose one’: free law) “as to fall from that status by crime or infamy. See Co. Litt. Elalli.—I.i'he1-n. piscaria. ln old English law. A free fishery. Co. Litt. 122II.——Lihe1-a warrena. In old English law. Free warren. (q. 1/.)

LIBERAIK LEGEM AMITTERE. To lose one's free law, (called the villainous judgment.) to become discredjteil or disabled llS juror and witness. to forfeit goods and chattels and lands for life, to have those lands wasted, houses razed. trees rooted up, and one‘s body committed to prison. It was anciently pronounced against conspirators. but is now disused, the punish merit substituted being fine and imprisonment. Hawk. P. C-. (51, c lxxii., s. 9; 3 Inst. 221.

LIBERARE. Lat In the civil law. To tree or set free; to liberate; to give one his liberty. Calvin.

In old English law. To deliver. transfer, or hand over. Applied to writs. panels of jurors. etc. Bract. fols. 116, 1760

Liberate pecnnia non liherat oflerenteni. Co. Litt. 207. Money being restored does not set free the party offering.

LIBERATE. In old English practice. An original writ issuing out of Chancery to Bl.Law Dict.(2d Ed.)—16

721

LIBERTATIBUB ALLOCANDIS

the treasurer, chamberlains, and barons of the exchequer, for the payment of any annual pension, or other sum. Reg. Orig, 193; Cow- ei.l.

A writ issued to a sheriir, for the delivery of any lands or goods taken upon forfeits of recognizance. 4 Coke, Gib.

A Writ issued to a gaoier. [or the delivery of a prisoner that had put in bail for his appearance. Cuweil.

LIBERATIO.}} In old English law. Livery; money paid for the delivery or use of a thing.

In old Scotch law. Liveiy; a fee given to a se1'\'.iut or olticer. Skene.

Money. meat. drink, clothes. etc.. yearly given and deliiered by the lord to his do- mestic servants. Blount.

LIBERATION. In the civil law. The extiuguishment of a contract, by which he who was bound becomes tree or liberated. Woi.L‘E, Inst. Nat. § 749. synonymous with ‘‘payment. Dig. 50. 16, 47.

LIBERI. In Saxon law. possessors of allodial lands. Law. 5.

In the civil law. Children. included “grandchildren.”

Freernen; the 1 Reeve. Eng.

The term

LIBERTAS. Lat. Liberty; freedom; I privilege; a franchise.

—-Lihertas ecolesiasticn. Church liberty. or ecclesiastical iminuniw.

Libertas est natlu-alis fncultas ejlrs quad euiqrre facere lihet, nisi qrrod de jure nut vi prohibetux-. Co. Litt. 116. Liberty is that natural faculty which permits every one to do anything he pleases except that which is resti-ained by law or force.

Libel-tas inestimabilis res est. Liberty is an inestiinable thing; a thing above price. Dig. 50. 17. 106.

Lihertas non reoipit seatimatianexn. Freedom does not admit of valuation. Bract. fol. 14.

Lihertiis omnibus rehns favorahilior eat. Liberty is more favored than all things, [nnythlug.J Dig. 50, 17. 122.

Llhertates regales ad. coronnm spectantes ex concessions reguxn E corona exiex-imt. 2 Inst. 496. Royal franchisea relating to the crown have emanated from the crown by grant of kings.

LIBERTATIBUS ALLOCANDIS. A writ lying for a citizen or bnrgess, iinpieiided contrary to his liberty, to have his privi-

lege allowed. Reg. Orig. 262.