Слике страница




[ocr errors][merged small]

States, such as are regarded by all Christian tem of laws which is adopted by all commer-
nations as contra bonos mores, as naturally cial nations, and which, therefore, constitutes
incestuous, polygamous, and the like, 16 a part of the law of the land. See Law Mer-
Mass. 157, I Pick. Mass. 596; 8 id. 433; 10 CHANT.
Metc. 451; 1 Yerg, Tenn. 110; 2 Ired. No. LEX REI SITÆ (Lat.). The law of
C. 346; 5 Humphr. Tenn. 13; 8 Ala. N. s. the place of situation of the thing.
48; 3 A. K. Marsh. Ky. 368; 10 Watts, Penn. 2. It is the universal rule of the common
168 ; 2 Blatchf. C. C. 51; 2 Gilm. Va. 322; law that any title or interest in land, or in
5 J. J. Marsh. Ky. 460; 4 Johns. Ch. 343, other real estate, can only be acquired or
2 Parsons, Contr. 107; while marriages valid lost agreeably to the law of the place where
by the lex loci are sustained, even though the same is situate, 1 Pick. Mass. 81; 6 id.
incestuous in the lex fori, by statute provi- 286; 1 Paige, Ch. N. Y. 220; 2 Ohio, 124; 1
sions. 10 Metc. Mass. 451.

II. Blackst. 665; 2 Rose, Bank. 29; 2 Ves. In New Hampshire, the exceptions are ad- & B. Ch. Ir. 130; 5 Barnew. & C. 438; 6 mitted as fully as in England. 21 N. H. 55. Madd. Ch. 16; 1 Younge & C. Exch. 114; 7

The prevalent American doctrine is that Cranch, 115; 10 Wheat. 192, 465; 6 d. 597; a marriage valid in the state where con- 4 Cow. N.Y.510, 527 ; 4 Johns. Ch. N. Y. 460, tracted is good everywhere, even if prohibited 1 Gill, Md. 280; 6 Binn. Penn. 559; Story, by the lex fori or domicilii. But this is Confi. Laws, 72 365, 428 ; and the law is the otherwise by statute in some states, and de- same in this respect in regard to all methods cisions in others. Mass. Gen. Sțat. 529. whatever of transfer, and every restraint upon

12. As laid down in a recent decision, the alienation. 12 Eng. L. & Eq. 206. English law is that the lex loci, without regard 3. The lex rei site governs as to the capato any question of fraudulent evasion, governs city of the parties to any transfer, whether only as to formalities, but if in its essentials testamentary or inter vivos, as affected by the marriage violates the lex domicilii, it is questions of minority or majority, 17 Mart. void. 23 Bost. Law Rep. 741. In this de- 569; of rights arising from the relation of cision, the distinction taken in the Massachu- husband and wife, Story, Conf. Laws, $ 454; setts cases is denied. See, also, Vaugh.302; 11 9 Bligh, Hou. L. 127; 8 Paige, Ch. N. Y. Q. B. 205; 4 Johns. Ch. N. Y. 343; 21 N. H. 261; 2 Md. 297 ; 1 Miss. 281; 4 Iowa, 381, 55. This decision puts marriages on the 3 Strobh. So. C. 562; 9 Rich. Eq. So. C. 475; same footing with other contracts, except in parent and child, or guardian and ward, 2 the matter of avoiding formalities by Scotch Ves. & B. Ch. Ir. 127; 1 Johns. Ch. N. Y. marriages. This law is certainly open to the 153; 4 Gill & J. Md. 332; 4 Cow. N. Y. 529, n. objection of respecting the form more highly 9 Rich. Eq. So. C. 311; 14 B. Monr. Ky. 544; than the substance of marriage.

11 Ala. N. s. 343; 18 Miss. 529; but see 7 The formalities to be observed are those of Paige, Ch. N. Y. 236; and of the rights and the lex loci, if any mode available by the par- powers of executors and administrators, ties is provided by that law. 1 Ves. 157; 10 whether the property be real or personal, 2 East, 282; 6 How. 550; Bishop, Marr. & D. Hamm. 124; 8 Clark & F. Hou. L. 112; 4 & 138.

Mees. & W. Exch. 71, 192; 3 Q. B. 498, 507; 13. If no mode is provided, the formalities 2 Sim. & S. Ch. 284; 3 Cranch, 319; 5 Pet. of the lex domicilii of both parties may be 518 ; 15 id. 1; 12 Wheat. 169; 2 N. H. 291; observed. Bishop, Marr. & D. 2 134; 1 Šim. 4 Rand. Va. 158; 2 Gill & J. Md. 493 ; 5 Ch. 361; Rogers, Eccl. Law, 652; Waddi- Me. 261 ; 11 Mass. 256, 313; 5 Pick. Mass. love, Dig. 238; 11 Clark & F. Hou. L. 85, 152. 65; 10 Cush. Mass. 172; 7 Cow. N. Y. 4; 20

But the lex domicilii governs as to the Johns. N. Y. 229; 3 Day, Conn. 74; 1 Humphr. rights, duties, and obligations arising under Tenn. 54; 7 Ind. 211; 3 Sneed, Tenn. 55 ; 8 a marriage. 5 Barnew. & C. 438.

Md. 517; 10 Rich. So. C. 393; see ExecutORS; A marriage invalid where contracted is of heirs, 5 Barnew. C. 451, 452; 6 Bligh, not necessarily so elsewhere. 2 Hagg. Cons. 479, n.; 1 Rob. 627; 9 Cranch, 151; 9 Wheat. 389, 390, 423.

566, 570; 10 id. 192; and of devisee or deObtaining divorces is governed by the law visor. Story, Confl. Laws, 2474; 14 Ves. Ch. of the domicil. See DOMICIL.

337; 9 Cranch, 151; 10 Wheat. 192; 37 N. The law of all acts relating to real property H. 114. is governed by the lex rei sitæ. Taking a 4. So as to the forms and solemnities of mortgage as security does not, however, the transfer the lex rei sitæ must be complied divest the lex loci of its force. See Lex Rei with, whether it be a transfer by devise, 2 SITÆ.

Dowl. & C. 349; 2 P. Will. 291, 293 ; 14 Ves. For lex domicilii, see DOMICIL.

Ch. 537; 7 Cranch, 115 ; 10 Wheat. 192; 4

Johns. Ch. N. Y. 260 ; 2 Ohio, 124; 37 N. H. LEXLONGOBARDORUM (Lat.). 114; 5 R. 1. 112, 413; 2 Jones, No. C. 368 ; The name of an ancient code in force among see '4 McLean, C. C. 75, or by conveyance the Lombards. It contains many evident traces inter vivos, 9 'Bligh, Hou. L. 127, 128; 2 of feudal policy. It survived the destruction Dowl. & C. 349; 1 Pick. Mass. 81; 1 Paige, of the ancient government of Lombardy by Ch. N. Y. 220; 11 Wheat. 465; 11 Tex. 755; Charlemagne, and is said to be still partially 18 Penn. St. 170; 12 Eng. L. & Eq. 206 ; 13 in force in some districts of Italy.

id. 465. So as to the amount of property or LEX MERCATORIA (Lat.), That sys- / extent of interest which may be acquired,

[blocks in formation]

beld, or transferred, 3 Russ. Ch. 328; 2 LEYES DE ESTILLO. In Spanish Dow. & C. 393, and the question of what is Law. Laws of the age. A book of explareal property. 1 W. Blackst. 234; 2 Burr. nations of the Fuero Real, to the number of 1079; 2 Dowl. 230, 250; 6 Paige, Ch. N. Y. two hundred and fifty-two, formed under the 030; 3 Deac. & C. Bank. 704; 2 Salk. 666. | authority of Alonzo X. and his son Saneho, And, generally, the lex rei sitæ governs as to and of Fernando el Emplazado, and pubthe validity of


such transfer. 4 Sandf. lished at the end of the thirteenth century N. Y. 252; 23 Miss. 42; 22 id. 130; 11 Mo. or beginning of the fourteenth, and some of 314; 4 Den. N. Y. 305; 2 Bradf. Surr. N. Y. them are inserted in the New Recopilacion. 339. As to the disposition of the proceeds, See 1 White, New Recop. p. 354. see 12 Eng. L. & Eq. 206. As to the interpretation and construction of wills, see of one who is bound in law and justice to do

LIABILITY. Responsibility; the state Domicie. 5. The rules here given do not apply to This liability may arise from contracts either

something which may be enforced by action, personal contracts indirectly affecting reu? estate . I Halst. Ch. N.J. 631; Stry, Confl. express or implied, or in consequence of torts

committed, Laws, 351, d.

A contract for the conveyance of lands LIBEL. In Practice. The plaintiff's valid by the lex fori will be enforced in petition or allegation, made and exhibited in equity by a decree in personam for a convey a judicial process, with some solemnity of law. ance valid under the lex rei sita. 1 Ves. Ch. A written statement by a plaintiff of his 141; 2 Paige, Ch. N. Y. 606; Wythe, l'a. 135; / cause of action, and of the relief he seeks to 1 Hopk. Ch. N. Y. 213; 6 Cranch, 148. obtain in a suit. Law, Eccl. Law, 17; Ayliffe,

An executory foreign contract for the con- Par. 346 ; Shelford, Marr. & 1. 506; Dunlap, veyance of lands not repugnant to the lex rei Adm. Pract. 111. It performs substantially site will be enforced in the courts of the the same office in the ecclesiastical courts, latter country, by personal process. 8 Paige, and those courts which follow the practice of Ch. N. Y. 201; 23 Eng. L. & Eq. 288; 4 the ecclesiastical courts, as the bill in chanBosw. X. Y. 206.


and the declaration in common-law prac

tice. LEX TALIONIS (Lat.). The law of retaliation: an example of which is given in the cific, clear, direct, certain, not general nor

2. The libel should be a narrative, spelaw of Moses, an eye for an eye, a tooth for a

alternative. tooth, &c.


3 Law, Eccl. Law, 147. Amicable retaliation includes those acts of should contain, substantially, the following retaliation which correspond to the acts of requisites: the name, deseription, and addi? the other nation under similar circumstances. tion of the plaintiff

, who makes his demand Jurists and writers on international law by bringing his action; the name, descripare divided as to the right of one nation pun- name of the judge, with a respectful designa

tion, and addition of the defendant; the ishing with death, by way of retaliation, the citizens or subjects of another nation. In the tion of his office and court; the thing or L'nited States no example of such barbarity in the suit; the grounds upon which the suit

relief, general or special, which is demanded has ever been witnessed; but prisoners have

is founded. been kept in close confinement in retaliation

3. The form of a libel is either simple or for the same conduct towards American prisoners. See Rutherforth, Inst. b. 2, c.'9; articulate. The simple form is when the Marten, Law of Nat. b. 8, c. 1, s. 3, note; 1

cause of action is stated in a continuous narKent, Comm. 93 ; Wheaton, Int. Law, pt. 4, ration, when the cause of action can be c. 1, § 1.

The articulate form is

briefly set forth. Vindictive retaliation includes those acts when the cause of action is stated in distinct which amount to a war.

allegations or articles. 2 Law, Eccl. Law,

148; Hall, Adm. Pract. 123 ; 7 Cranch, 319, LEX TERRÆ (Lat.). The law of the The material facts should be stated in distinct land. See Due Process Of Law.

articles in the libel, with as much exactness LEY (Old French; a corruption of loi). Lin a declaration at common law. 4 Mas. C.

and attention to times and circumstances as Law. For example, Termes de la Ley, Terms

C. 541. of the Law. In another, and an old technical, sense, ley signifies an oath, or the oath libels, and the courts will receive such an in

4. Although there is no fixed formula for with compurgators: as, il tend sa ley aiu pleyntiffe. Britton, c. 27.

strument from the party in such form as his

own skill or that of his counsel may enable LEY GAGER. Wager of law. An offer him to give it, yet long usage has sanctioned to make an oath denying the cause of action forms, which it may be most prudent to adopt. of the plaintiff, confirmed by compurgators The parts and arrangement of libels com(q: v.), which oath used to be allowed in cer- monly employed are: tain cases. When it was accomplished, it First, the address to the court: as, To was called the “ doing of the law," "fesans the Honorable John K. Kane, Judge of the de ley." Termes de la Leye, Ley; 2 Barnew. district court of the United States within & C. 538; 3 Bos. & P. 297 ; 3 & 4 Will. IV. c. and for the eastern district of Pennsylvania, 42, 2 16.

5. Second, the names and descriptions of

[blocks in formation]

the parties. Persons competent to sue at in printing or writing, and tending either to common law may be parties libellants; and blacken the memory of one who is dead or similar regulations obtain in the admiralty the reputation of one who is alive, and expose courts and the common-law courts respecting him to public hatred, contempt, or ridicule. those disqualified from suing in their own 1 Hawkins, Pl. Cr. b. 1, c. 73, 81; 4 Mass. right or name. Married women prosecute 168; 2 Pick. Mass. 115; 9 Johns. N. Y. 214; by their husbands, or by prochein ami, when 1 Den. N. Y. 347; 24 Wend. N. Y. 434; 9 the husband has an adverse interest to hers; Barnew. & C. 172; 4 Mann. & R. 127; 2 minors, by guardians, tutors, or prochein Kent, Comm. 13. ami; lunatics and persons non compos mentis, It has been defined, perhaps with more by tutor, guardian ad litem, or committee; precision, to be a censorious or ridiculous the rights of deceased persons are prosecuted writing, picture, or sign made with a maliby executors or administrators; and corpo-cious or mischievous intent towards governrations are represented and proceeded against ment, magistrates, or individuals. 3 Johns. as at common law,

Cas. N. Y. 354; 9 Johns. N. Y. 215; 5 Binn. Third, the averments or allegations set- Penn. 340. ting forth the cause of action. These should 8. There is a great and well-settled disbe conformable to the truth, and so framed tinction between verbal and written slander; as to correspond with the evidence. Every and this not only in reference to the consefact requisite to establish the libellant's right quences, as subjecting the party to an indictshould be clearly stated, so that it may be ment, but also as to the character of the directly met by the opposing party by admis accusations or imputations essential to sussion, denial, or avoidance: this is the more tain a civil action to recover damages. To necessary, because no proof can be given, or write and publish maliciously any thing of decree rendered, not covered by and con- another which either makes him ridiculous formable to the allegations. 1 Law, Eccl. or holds him out as a dishonest man, is held Law, 150; Hall, Pract. 126; Dunlap, Adm. to be actionable, or punishable criminally, Pract. 113; 7 Cranch, 394; 21 How. Pract. when the speaking of the same words would 343.

not be so. 1 Saund. 6th ed. 247 a; 4 Taunt. 6. Fourth, the conclusion, or prayer for 355 ; 5 Binn. Penn. 219; Heard, Libel & S. relief and process: the prayer should be for 2 74; 6 Cush. Mass. 75. the specific relief desired; for general relief, 9. The reduction of the slanderous matter as is usual in bills in chancery; the conclu- to writing or printing is the most usual sion should also pray for general or particular mode of conveying it. The exhibition of a process. Law, Eccl. Law, 149. And see 3 picture intimating that which in print would Mas. C. C. 503.

be libellous is equally criminal. 2 Campb. Interrogatories are sometimes annexed to 512; 5 Coke, 125 ; 2 Serg. & R. Penn. 91. the libel: when this is the case, there is Fixing a gallows at a man's door, burning usually a special prayer, that the defendant him in effigy, or exhibiting him in any ignomay be required to answer the libel, and minious manner, is a libel. llawkins, Pl. Cr. the interrogatories annexed and propounded. b. 1, c. 73, s. 2; 11 East, 227. This, however, is a dangerous practice, be- There is, perhaps, no branch of the law cause it renders the answers of the defendant which is so difficult to reduce to exact princievidence, which must be disproved by two ples, or to compress within a small compass, witnesses, or by one witness corroborated by as the requisites of a libel. very strong circumstances.

In the following cases the publications bave 9. The libel is the first proceeding in a been held to be actionable. It is a libel to suit in admiralty in the courts of the United write of a person soliciting relief from a States. 3 Mas. C. C. 504.

charitable society, that she prefers unworthy No mesne process can issue in the United claims, which it is hoped the members will States admiralty courts until a libel is filed, reject forever, and that she has squandered 1 Adm. 7, Rules of the U. S. Supreme Court. away money, already obtained by her from The twenty-second and twenty-third rules the benevolent, in printing circulars abusive require certain statements to be contained in of the secretary of the society. 12 Q. B. 624. the libel; and to those, and the forms in 2 It is libellous to publish of tħe plaintiff that, Conkling, Adm. Pract., the reader is referred. although he was aware of the death of a perAnd see Parsons, Marit. Law; Dunlap, Adm. son occasioned by his improperly driving a Pract.; Hall, Adm. Pract.

carriage, he had åttended a public ball in the In Torts. That which is written or evening of the same day. I Chitt. Bail, 480. printed, and published, calculated to injure It is a libel to publish of a Protestant archthe character of another by bringing him bishop that he endeavors to convert Roman into ridicule, hatred, or contempt. Parke, J., Catholic priests by promises of money and 15 Mees. & W. Exch. 344.

preferment. 5 Bingh. 17. It is a libel to Every thing, written or printed, which re- publish a ludicrous story of an individual in flects on the character of another and is a newspaper, if it tend to render him the published without lawful justification or ex- subject of public ridicule, although he had cuse, is a libel, whatever the intention may previously told the same story of himself. have been. 15 Mees. & W. Esch. 437. 6 Bingh. 409.

A malicious defamation, expressed either A declaration which alleges that the be

[blocks in formation]
[ocr errors]


fendant charged the plaintiff, an attorney, the offence, and it is unnecessary, on the part with being guilty of “sharp practice," which of the prosecution, to prove any circumstance is aferred to mean disreputable practice, from which malice may be interred. But no charges a libellous imputation. 4 Mees. & allegation, however false and malicious, conW. Exch. 446.

tained in answers to interrogatories in affi10. Any publication which has a tendency davits duly made, or any other proceglings to disturb the public peace, or good order of in courts of justice or petitions to the legissociety, is indictable as a libel. "This crime lature, are indictable. *4 Coke, 14; 2 Burr. is committed,” says Professor Greenleaf, "by 807; Hawkins, Pl. Cr. b. 1, c. 73, s.8; 1 Saund. the publication of writings blaspheming the 131, n. 1; 1 Lev. 240; 2 Chitty, Crim. Law, Supreme Being, or turning the doctrines of 869; 2 Serg. & R. Penn. 23. li is no defence the Christian religion into contempt and ridi- that the matter published is part of a docucule; or tending, by their immodesty, to cor- ment printed by order of the house of conirupt the mind, and to destroy the love of mons. 9 Ad. & E. l. See JUDICIAL PROdecency, morality, and good order; or wantonly to defame or indecorously to calumniate The publisher of a libel is liable to be punthe economy, order, and constitution of things ished criminally by indictment, 2 Chitty, which make up the general system of the Crim. Law, 875; or is subject to an action on law and government of the country; to de- the case by the party grieved. Both remedies grade the administration of government, or may be pursued at the same time. See, of justice; or to cause animosities between generally, 2 Bishop, Crim. Law; Heard, Libel our own and any foreign government, by per- & S. sonal abuse of its sovereign, its ambassadors,

LIBEL OF ACCUSATION. In or other public ministers; and by malicious

Scotch Law. The instrument which condefamations

, expressed in printing or writing, tains the charge against a person accused of or by signs or pictures, tending either to blacken the memory of one who is dead, or indictments and criminal letters.

a crime. Libels are of two kinds, namely, the reputation of one who is living, and

Every libel assumes the form of what is termed, thereby to expose him to public hatred, con

in logic, a syllogism. It is first stated that some tempt, and ridicule. This descriptive cata- particular kind of act is criminal: as, that “theft logue embraces all the several species of this is a crime of a heinous nature, and severely punoffence which are indictable at common law; ishable.” This proposition is termed the major, all of which, it is believed, are indictable in / It is next stated that the person accured is guilty the United States, either at common law, or

of the crime so nained, "actor, or art and part." by virtue of particular statutes."

This, with the narrative of the manner in which, 3 Green

and the time when, the offence was committed, is leaf, Ev. & 164. See 4 Mass. 163; 9 Johns,

called the minor proposition of the libel. The conN. Y. 214; 4 M'Cord, So. C. 317; 9 N. H. 34. clusion is that, all or part of the facts being proved,

Libels against the memory of the dead, or admitted by confession, the papel " ought to be
which have a tendency to create a breach of punished with the pains of the law, to deler others
the peace, by inciting the friends and rela- from committing the like crime in all time coming."
tives of the deceased to avenge the insult of Burton, Man, Pub. L. 300, 301,
the family, render their authors liable to in- LIBELLANT. The party who files à
dictment. The malicious intention of the libel in an ecclesiastical or admiralty case,
defendant to injure the family and posterity corresponding to the plaintiff in actions in
of the deceased must be expressly aversed the common-law courts.
and clearly proved. 5 Coke, 125 ; 4 Term,
126, 129, note; 5 Binn. Penn, 281; Heard, libel has been filed in proceedings in an

LIBELLEE. A party against whom a
Libel & S. 82 72, 348.
If the matter is understood as scandalous, to the defendant in a common-law suít.

ecclesiastical or in admiralty, corresponding
and is calculated to excite ridicule or abhor-
rence against the party intended, it is libel- LIBELLUS (Lat.). In Civil Law.
lous, however it may be expressed. 5 East, A little book. Libellus supplex, a petition,
463; 1 Price, Exch. 11, 17; fob. 215; Chitty, especially to emperor; all petitions to whom
Crim. Law, 868; 2 Campb. 512.

must be in writing. L. 15, D. in jus roc. 11. The malicious reading of a libel Libellum rescribere, to mark on such petition one or more persons, it being on the shelves the answer to it. L. 2, & 2, Dig. de jur. fisc. in a bookstore, as other books, for sale; and Libellum agere, to assist or counsel the empewhere the defendant directed the libel to be ror in regard to such petitions, L. 12, D.'de printed, took away some and left others : distr. pign.; and one whose duty it is to do these several acts have been held to be publi- so is called magister libellorum. There were cations. The sale of each copy, where several 'also promagistri. L. 1, D. de offic. præf. pract. copies have been sold, is a distinct publica- Libellus accusatorius, an information and action and a fresh offence. The publication cusation of a crime. L. 17, 1, & L. 29, % 8, must be malicious: evidence of the malice D. ad leg. Jul. de adult. Libellus divortii, a may be either express or implied. Express writing of divorcement. L. 7, D. de divort, et proof is not necessary; for where a man pub- repud. Libellus rerum, an inventory. Calv. lishes a writing which on the face of it is Lex. Libellus or oratio consultoria, a message libellous, the law presumes he does so from by which emperors laid matters before senate. that malicious intention which constitutes Calvinus, Lex.; Suet. Cæs. 56.




[ocr errors]

A writing in which is contained the names extent on a statute staple, commanding the of the plaintiff (actor) and defendant (reus), sheriff to deliver them to the plaintiff, by the the thing sought, the right relied upon, and extent and appraisement mentioned in the name of the tribunal before which the action writ of extent and in the sheriff's return is brought. Calvinus, Lex.

thereto. See Comyns, Dig. Statute Staple (D6). Libellus appellatorius, an appeal. Calvinus,

LIBERATION. In Civil Law. The
Lex.; L. 1, & ult., D, ff. de appellat.
lus conventionalis). A bill. Bracton, fol. | Dr. de la Nat. & 749. Synonymous with pay-
In English Law (sometimes called libel- extinguishment of a contract, by which he who

was bound becomes free or liberated. Wolff, 112.

ment. Dig. 50. 16. 47. LIBELLUS FAMOSUS (Lat.). A libel; a defamatory writing. L. 15, D. de

LIBERTI, LIBERTINI. In Roman pæn.; Vocab. Jur. Utr. sub" famosus.” It Law. The condition of those who, having may be without writing: as, by signs, pic- been slaves, had been made free. 1 Brown, tures, etc. 5 Rep. de famosis libellis. Civ. Law, 99.

LIBER (Lat.). In Civil Law. A book, There is some distinction between these words. whatever the material of which it is made; By libertus, was understood the freedman when a principal subdivision of a literary work considered in relation to his patron, who had be

stowed liberty upon him; and he was called liberthus, the Pandects, or Digest of the Civil Law,

tinus when considered in relation to the state be is divided into fifty books. L. 52, D. de legat. occupied in society subsequent to his manumission.

In Civil and Old English Law. Free: Leç. El. Dr. Rom: 93. e.g. a free (liber) bull. Jacobs. Exempt from service or jurisdiction of another, Law

LIBERTY (Lat. liber, free; libertas, freeFr. & Lat. Dict. : 'e.g. a free (liber) man, L. dom, liberty). Freedom from restraint. The 3, D. de statu hominum.

faculty of willing, and the power of doing

what has been willed, without influence from LIBER ASSISARUM (Lat.). The

without. book of assigns or pleas of the crown; being A privilege held by grant or prescription, the fifth part of the Year-Books.

by which some men enjoy greater privileges LIBER FEUDORUM (Lat.). A code than ordinary subjects. of the feudal law, which was compiled by di- A territory with some extraordinary privirection of the emperor Frederick Barbarossa, lege. and published in Milan, in 1170. It was A part of a town or city: as, the Northern called the Liber Feudorum, and was divided | Liberties of Philadelphia. See FAUBOURG. into five books, of which the first, second, and Civil liberty is the greatest amount of absosome fragments of the others still exist, and are lute liberty which can in the nature of things printed at the end of all the modern editions be equally possessed by every citizen in a of the Corpus Juris Civilis. Giannone, b. state. 13, c. 3; Cruise, Dig: prel. diss. c. 1, & 31. The term is frequently used to denote the

LIBER HOMO (Lat.). A free man; a amount of absolute liberty which is actually freeman lawfully competent to act as juror. enjoyed by the various citizens under the Ld. Raym. 417; Kebl. 563.

government and laws of the state as admiIn London, a man can be a liber homo nistered. 1 Blackstone, Comm. 125. as |

The fullest political liberty furnishes the prenticeship; or, 2, by birthright, being a son best possible guarantee for civil liberty. of a liber homo; or, 3, by redemption, i.e. allow

Lieber defines civil liberty as guaranteed ance of mayor and aldermen. *8 Rep., Case of protection against interference with the inteCity of London. There was no intermediate rests and rights held dear and important by state between villein and liber homo. Fleta, large classes of civilized men, or by all the lib. 4, c. 11, $ 22. But a liber homo could be members of a state, together with an effecvassal of another. Bract. fol. 25.

tual share in the making and administration In Old European Law. An allodial pro- of the laws, as the best apparatus to secure prietor, as opposed to a feudatory. Calvinus, that protection, including Blackstone's diviLex, Alode.

sions of civil and political under this head. LIBER JUDICIARUM (Lat.). The

Natural liberty is the right which nature book of judgment, or doom-book. The Saxon gives to all mankind of disposing of their Domboe. Conjectured to be a book of statutes persons and property after the manner they of ancient Saxon kings. See Jacob, Domboc; condition of their acting within the limits of

judge most consonant to their happiness, cn 1 Sharswood, Blackst. Comm. 64.

the law of nature and so as not to interfere LIBER ET LEGALIS HOMO (Lat.). with an equal exercise of the same rights by A free and lawful man. One worthy of being other men. Burlam. c. 3, & 15; 1 Blackstone, a juryman: he must neither be infamous nor Comm. 125. It is called by Lieber social liba bondman. 3 Sharswood, Blackst. Comm. erty, and is defined as the protection of unre340, 362; Bracton, fol. 14 b; Fleta, 1. 6, c. strained action in as high a degree as the 25, & 4; 1. 4, c. 5, § 4.

same claim of protection of each individual LIBERATE (Lat.). In English Prac- admits of. tice. A writ which 'issues on lands, tene- Personal liberty consists in the power of ments, and chattels, being returned under an | locomotion, of changing situation, or remov

[ocr errors]
« ПретходнаНастави »