States, such as are regarded by all Christian nations as contra bonos mores, as naturally incestuous, polygamous, and the like, 16 Mass. 157; 1 Pick. Mass. 596; 8 id. 433; 10 Metc. 451; 1 Yerg. Tenn. 110; 2 Ired. No. C. 346; 5 Humphr. Tenn. 13; 8 Ala. N. s. 48; 3 A. K. Marsh. Ky. 368; 10 Watts, Penn. 168; 2 Blatchf. C. C. 51; 2 Gilm. Va. 322; 5 J. J. Marsh. Ky. 460; 4 Johns. Ch. 343, 2 Parsons, Contr. 107; while marriages valid by the lex loci are sustained, even though incestuous in the lex fori, by statute provisions. 10 Metc. Mass. 451. In New Hampshire, the exceptions are admitted as fully as in England. 21 N. H. 55. The prevalent American doctrine is that a marriage valid in the state where contracted is good everywhere, even if prohibited by the lex fori or domicilii. But this is otherwise by statute in some states, and decisions in others. Mass. Gen. Stat. 529. tem of laws which is adopted by all commercial nations, and which, therefore, constitutes a part of the law of the land. See Law MERCHANT. LEX REI SITE (Lat.). The law of the place of situation of the thing. 2. It is the universal rule of the common law that any title or interest in land, or in other real estate, can only be acquired or lost agreeably to the law of the place where the same is situate, 1 Pick. Mass. 81; 6 id. 286; 1 Paige, Ch. N. Y. 220; 2 Ohio, 124; 1 H. Blackst. 665; 2 Rose, Bank. 29; 2 Ves. & B. Ch. Ir. 130; 5 Barnew. & C. 438; 6 Madd. Ch. 16; 1 Younge & C. Exch. 114; 7 Cranch, 115; 10 Wheat. 192, 465; 6 d. 597; 4 Cow. N. Y. 510, 527; 4 Johns. Ch. N. Y. 460; 1 Gill, Md. 280; 6 Binn. Penn. 559; Story, Confl. Laws, 22 365, 428; and the law is the same in this respect in regard to all methods whatever of transfer, and every restraint upon alienation. 12 Eng. L. & Eq. 206. 3. The lex rei sita governs as to the capacity of the parties to any transfer, whether testamentary or inter vivos, as affected by questions of minority or majority, 17 Mart. 569; of rights arising from the relation of husband and wife, Story, Conf. Laws, 454; 12. As laid down in a recent decision, the English law is that the lex loci, without regard to any question of fraudulent evasion, governs only as to formalities, but if in its essentials the marriage violates the lex domicilii, it is void. 23 Bost. Law Rep. 741. In this decision, the distinction taken in the Massachusetts cases is denied. See, also, Vaugh. 302; 119 Bligh, Hou. L. 127; 8 Paige, Ch. N. Y. Q. B. 205; 4 Johns. Ch. N. Y. 343; 21 N. H. 55. This decision puts marriages on the same footing with other contracts, except in the matter of avoiding formalities by Scotch marriages. This law is certainly open to the objection of respecting the form more highly than the substance of marriage. The formalities to be observed are those of the lex loci, if any mode available by the parties is provided by that law. 1 Ves. 157; 10 East, 282; 6 How. 550; Bishop, Marr. & D. 138. 13. If no mode is provided, the formalities of the lex domicilii of both parties may be observed. Bishop, Marr. & D. 134; 1 Sim. Ch. 361; Rogers, Eccl. Law, 652; Waddilove, Dig. 238; 11 Clark & F. Hou. L. 85, 152. But the lex domicilii governs as to the rights, duties, and obligations arising under a marriage. 5 Barnew. & C. 438. A marriage invalid where contracted is not necessarily so elsewhere. 2 Hagg. Cons. 389, 390, 423. Obtaining divorces is governed by the law of the domicil. See DOMICIL. The law of all acts relating to real property is governed by the lex rei sita. Taking a mortgage as security does not, however, divest the lex loci of its force. See LEX REI SITE. For lex domicilii, see DOMICIL. 261; 2 Md. 297; 1 Miss. 281; 4 Iowa, 381, 3 Strobh. So. C. 562; 9 Rich. Eq. So. C. 475; parent and child, or guardian and ward, 2 Ves. & B. Ch. Ir. 127; 1 Johns. Ch. N. Y. 153; 4 Gill & J. Md. 332; 4 Cow. N. Y. 529, n.; 9 Rich. Eq. So. C. 311; 14 B. Monr. Ky. 544; 11 Ala. N. s. 343; 18 Miss. 529; but see 7 Paige, Ch. N. Y. 236; and of the rights and powers of executors and administrators, whether the property be real or personal, 2 Hamm. 124; 8 Clark & F. Hou. L. 112; 4 Mees. & W. Exch. 71, 192; 3 Q. B. 498, 507; 2 Sim. & S. Ch. 284; 3 Cranch, 319; 5 Pet. 518; 15 id. 1; 12 Wheat. 169; 2 N. H. 291; 4 Rand. Va. 158; 2 Gill & J. Md. 493; 5 Me. 261; 11 Mass. 256, 313; 5 Pick. Mass. 65; 10 Cush. Mass. 172; 7 Cow. N. Y. 4; 20 Johns. N. Y. 229; 3 Day, Conn. 74; 1 Humphr. Tenn. 54; 7 Ind. 211; 3 Sneed, Tenn. 55; 8 Md. 517; 10 Rich. So. C. 393; see EXECUTORS; of heirs, 5 Barnew. & C. 451, 452; 6 Bligh, 479, n.: 1 Rob. 627; 9 Cranch, 151; 9 Wheat. 566, 570; 10 id. 192; and of devisee or devisor. Story, Confl. Laws, 474; 14 Ves. Ch. 337; 9 Cranch, 151; 10 Wheat. 192; 37 N. H. 114. 4. So as to the forms and solemnities of the transfer the lex rei sita must be complied with, whether it be a transfer by devise, 2 Dowl. & C. 349; 2 P. Will. 291, 293; 14 Ves. Ch. 537; 7 Cranch, 115; 10 Wheat. 192; 4 Johns. Ch. N. Y. 260; 2 Ohio, 124; 37 N. H. 114; 5 R. I. 112, 413; 2 Jones, No. C. 368; see 4 McLean, C. C. 75, or by conveyance inter vivos, 9 Bligh, Hou. L. 127, 128; 2 Dowl. & C. 349; 1 Pick. Mass. 81; 1 Paige, Ch. N. Y. 220; 11 Wheat. 465; 11 Tex. 755; 18 Penn. St. 170; 12 Eng. L. & Eq. 206; 13 id. 465. So as to the amount of property or LEX MERCATORIA (Lat.). That sys-extent of interest which may be acquired, LEX LONGOBARDORUM (Lat.). The name of an ancient code in force among the Lombards. It contains many evident traces of feudal policy. It survived the destruction of the ancient government of Lombardy by Charlemagne, and is said to be still partially in force in some districts of Italy. held, or transferred, 3 Russ. Ch. 328; 2 Dow. & C. 393, and the question of what is real property. 1 W. Blackst. 234; 2 Burr. 1079; 2 Dowl. 230, 250; 6 Paige, Ch. N. Y. 630; 3 Deac. & C. Bank. 704; 2 Salk. 666. And, generally, the lex rei sita governs as to the validity of any such transfer. 4 Sandf. N. Y. 252; 23 Miss. 42; 22 id. 130; 11 Mo. 314; 4 Den. N. Y. 305; 2 Bradf. Surr. N. Y. 339. As to the disposition of the proceeds, see 12 Eng. L. & Eq. 206. As to the interpretation and construction of wills, see DOMICIL. 5. The rules here given do not apply to personal contracts indirectly affecting real estate. 1 Halst. Ch. N.J. 631; Story, Confl. Laws, 8 351, d. A contract for the conveyance of lands valid by the lex fori will be enforced in equity by a decree in personam for a conveyance valid under the lex rei sitæ. 1 Ves, Ch. 144; 2 Paige, Ch. N. Y. 606; Wythe, Va. 135; 1 Hopk. Ch. N. Y. 213; 6 Cranch, 148. An executory foreign contract for the conveyance of lands not repugnant to the lex rei | site will be enforced in the courts of the latter country by personal process. 8 Paige, Ch. N. Y. 201; 23 Eng. L. & Eq. 288; 4 Bosw. N. Y. 266. LEX TALIONIS (Lat.). The law of retaliation: an example of which is given in the law of Moses, an eye for an eye, a tooth for tooth, &c. a LEYES DE ESTILLO. In Spanish Law. Laws of the age. A book of explanations of the Fuero Real, to the number of two hundred and fifty-two, formed under the authority of Alonzo X. and his son Sancho, and of Fernando el Emplazado, and published at the end of the thirteenth century or beginning of the fourteenth, and some of them are inserted in the New Recopilacion. See 1 White, New Recop. p. 354. of one who is bound in law and justice to do LIABILITY. Responsibility; the state This liability may arise from contracts either something which may be enforced by action. express or implied, or in consequence of torts committed. LIBEL. In Practice. The plaintiff's petition or allegation, made and exhibited in a judicial process, with some solemnity of law. A written statement by a plaintiff of his cause of action, and of the relief he seeks to obtain in a suit. Law, Eccl. Law, 17; Ayliffe, Par. 346; Shelford, Marr. & D. 506; Dunlap, Adm. Pract. 111. It performs substantially the same office in the ecclesiastical courts, and those courts which follow the practice of the ecclesiastical courts, as the bill in chancery and the declaration in common-law practice. cific, clear, direct, certain, not general nor 2. The libel should be a narrative, spealternative. 3 Law, Eccl. Law, 147. It Amicable retaliation includes those acts of should contain, substantially, the following retaliation which correspond to the acts of requisites: the name, description, and addithe other nation under similar circumstances. tion of the plaintiff, who makes his demand Jurists and writers on international lawy bringing his action; the name, descripare divided as to the right of one nation pun-name of the judge, with a respectful designation, and addition of the defendant; the ishing with death, by way of retaliation, the citizens or subjects of another nation. In the United States no example of such barbarity has ever been witnessed; but prisoners have been kept in close confinement in retaliation for the same conduct towards American priSee Rutherforth, Inst. b. 2, c. 9; Marten, Law of Nat. b. 8, c. 1, s. 3, note; soners. Kent, Comm. 93; Wheaton, Int. Law, pt. 4, c. 1, 1. 1 Vindictive retaliation includes those acts which amount to a war. tion of his office and court; the thing or in the suit; the grounds upon which the suit relief, general or special, which is demanded is founded. 3. The form of a libel is either simple or articulate. The simple form is when the cause of action is stated in a continuous nar ration, when the cause of action can be briefly set forth. The articulate form is when the cause of action is stated in distinct allegations or articles. 2 Law, Eccl. Law, 148; Hall, Adm. Pract. 123; 7 Cranch, 349. LEX TERRÆ (Lat.). The law of the The material facts should be stated in distinct land. See DUE PROCESS OF LAW. LEY (Old French; a corruption of loi). Law. For example, Termes de la Ley, Terms of the Law. In another, and an old technical, sense, ley signifies an oath, or the oath with compurgators: as, il tend sa ley aiu pleyntiffe. Britton, c. 27. LEY GAGER. Wager of law. An offer to make an oath denying the cause of action of the plaintiff, confirmed by compurgators (q. v.), which oath used to be allowed in certain cases. When it was accomplished, it was called the "doing of the law," "fesans de ley." Termes de la Leye, Ley; 2 Barnew. & C. 538; 3 Bos. & P. 297; 3 & 4 Will. IV. c. 42,8 16. articles in the libel, with as much exactness in a declaration at common law. 4 Mas. C. and attention to times and circumstances as C. 541. 4. Although there is no fixed formula for libels, and the courts will receive such an instrument from the party in such form as his own skill or that of his counsel may enable him to give it, yet long usage has sanctioned forms, which it may be most prudent to adopt. The parts and arrangement of libels commonly employed are: First, the address to the court: as, To the Honorable John K. Kane, Judge of the district court of the United States within and for the eastern district of Pennsylvania. 5. Second, the names and descriptions of the parties. Persons competent to sue at common law may be parties libellants; and similar regulations obtain in the admiralty courts and the common-law courts respecting those disqualified from suing in their own right or name. Married women prosecute by their husbands, or by prochein ami, when the husband has an adverse interest to hers; minors, by guardians, tutors, or prochein ami; lunatics and persons non compos mentis, by tutor, guardian ad litem, or committee; the rights of deceased persons are prosecuted by executors or administrators; and corporations are represented and proceeded against as at common law. Third, the averments or allegations setting forth the cause of action. These should be conformable to the truth, and so framed as to correspond with the evidence. Every fact requisite to establish the libellant's right should be clearly stated, so that it may be directly met by the opposing party by admission, denial, or avoidance: this is the more necessary, because no proof can be given, or decree rendered, not covered by and conformable to the allegations. 1 Law, Eccl. Law, 150; Hall, Pract. 126; Dunlap, Adm. Pract. 113; 7 Cranch, 394; 21 How. Pract. 343. 6. Fourth, the conclusion, or prayer for relief and process: the prayer should be for the specific relief desired; for general relief, as is usual in bills in chancery; the conclusion should also pray for general or particular process. Law, Eccl. Law, 149. And see 3 Mas. C. C. 503. Interrogatories are sometimes annexed to the libel: when this is the case, there is usually a special prayer, that the defendant may be required to answer the libel, and the interrogatories annexed and propounded. This, however, is a dangerous practice, because it renders the answers of the defendant evidence, which must be disproved by two witnesses, or by one witness corroborated by very strong circumstances. 7. The libel is the first proceeding in a suit in admiralty in the courts of the United States. 3 Mas. C. C. 504. No mesne process can issue in the United States admiralty courts until a libel is filed, 1 Adm. 7, Rules of the U. S. Supreme Court. The twenty-second and twenty-third rules require certain statements to be contained in the libel; and to those, and the forms in 2 Conkling, Adm. Pract., the reader is referred. And see Parsons, Marit. Law; Dunlap, Adm. Pract.; Hall, Adm. Pract. In Torts. That which is written or printed, and published, calculated to injure the character of another by bringing him into ridicule, hatred, or contempt. Parke, J., 15 Mees, & W. Exch. 344. Every thing, written or printed, which reflects on the character of another and is published without lawful justification or excuse, is a libel, whatever the intention may have been. 15 Mees. & W. Exch. 437. A malicious defamation, expressed either in printing or writing, and tending either to blacken the memory of one who is dead or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule. 1 Hawkins, Pl. Cr. b. 1, c. 73, 1; 4 Mass. 168; 2 Pick. Mass. 115; 9 Johns. N. Y. 214; 1 Den. N. Y. 347; 24 Wend. N. Y. 434; 9 Barnew. & C. 172; 4 Mann. & R. 127; 2 Kent, Comm. 13. It has been defined, perhaps with more precision, to be a censorious or ridiculous writing, picture, or sign made with a malicious or mischievous intent towards government, magistrates, or individuals. 3 Johns. Cas. N. Y. 354; 9 Johns. N. Y. 215; 5 Binn. Penn. 340. 8. There is a great and well-settled distinction between verbal and written slander; and this not only in reference to the consequences, as subjecting the party to an indictment, but also as to the character of the accusations or imputations essential to sustain a civil action to recover damages. To write and publish maliciously any thing of another which either makes him ridiculous or holds him out as a dishonest man, is held to be actionable, or punishable criminally, when the speaking of the same words would not be so. 1 Saund. 6th ed. 247 a; 4 Taunt. 355; 5 Binn. Penn. 219; Heard, Libel & S. 74; 6 Cush. Mass. 75. 9. The reduction of the slanderous matter to writing or printing is the most usual mode of conveying it. The exhibition of a picture intimating that which in print would be libellous is equally criminal. 2 Campb. 512; 5 Coke, 125; 2 Serg. & R. Penn. 91. Fixing a gallows at a man's door, burning him in effigy, or exhibiting him in any ignominious manner, is a libel. Hawkins, Pl. Cr. b. 1, c. 73, s. 2; 11 East, 227. There is, perhaps, no branch of the law which is so difficult to reduce to exact principles, or to compress within a small compass, as the requisites of a libel. In the following cases the publications have been held to be actionable. It is a libel to write of a person soliciting relief from a charitable society, that she prefers unworthy claims, which it is hoped the members will reject forever, and that she has squandered away money, already obtained by her from the benevolent, in printing circulars abusive of the secretary of the society. 12 Q. B. 624. is libellous to publish of the plaintiff that, although he was aware of the death of a person occasioned by his improperly driving a carriage, he had attended a public ball in the evening of the same day. I Chitt. Bail, 480. It is a libel to publish of a Protestant archbishop that he endeavors to convert Roman Catholic priests by promises of money and preferment. 5 Bingh. 17. It is a libel to publish a ludicrous story of an individual in a newspaper, if it tend to render him the subject of public ridicule, although he had previously told the same story of himself. 6 Bingh, 409. A declaration which alleges that the be fendant charged the plaintiff, an attorney, with being guilty of "sharp practice," which is averred to mean disreputable practice, charges a libellous imputation. 4 Mees. & W. Exch. 446. 10. Any publication which has a tendency to disturb the public peace, or good order of society, is indictable as a libel. "This crime is committed," says Professor Greenleaf, "by the publication of writings blaspheming the Supreme Being, or turning the doctrines of the Christian religion into contempt and ridicule; or tending, by their immodesty, to corrupt the mind, and to destroy the love of decency, morality, and good order; or wantonly to defame or indecorously to calumniate the economy, order, and constitution of things which make up the general system of the law and government of the country; to degrade the administration of government, or of justice; or to cause animosities between our own and any foreign government, by personal abuse of its sovereign, its ambassadors, or other public ministers; and by malicious defamations, expressed in printing or writing, or by signs or pictures, tending either to blacken the memory of one who is dead, or the reputation of one who is living, and thereby to expose him to public hatred, contempt, and ridicule. This descriptive catalogue embraces all the several species of this offence which are indictable at common law; all of which, it is believed, are indictable in the United States, either at common law, or by virtue of particular statutes." 3 Greenleaf, Ev. 164. See 4 Mass. 163; 9 Johns. N. Y. 214; 4 M'Cord, So. C. 317; 9 N. H. 34. Libels against the memory of the dead, which have a tendency to create a breach of the peace, by inciting the friends and relatives of the deceased to avenge the insult of the family, render their authors liable to indictment. The malicious intention of the defendant to injure the family and posterity of the deceased must be expressly averred and clearly proved. 5 Coke, 125; 4 Term, 126, 129, note; 5 Binn. Penn. 281; Heard, Libel & S. 72, 348. If the matter is understood as scandalous, and is calculated to excite ridicule or abhorrence against the party intended, it is libellous, however it may be expressed. 5 East, 463; 1 Price, Exch. 11, 17; Hob. 215; Chitty, Crim. Law, 868; 2 Campb. 512. the offence, and it is unnecessary, on the part of the prosecution, to prove any circumstance from which malice may be inferred. But no allegation, however false and malicious, contained in answers to interrogatories in affidavits duly made, or any other procedings in courts of justice or petitions to the legis lature, are indictable. 4 Coke, 14; 2 Burr. 807; Hawkins, Pl. Cr. b. 1, c. 73, s. 8; I Saund. 131, n. 1; 1 Lev. 240; 2 Chitty, Crim. Law, 869; 2 Serg. & R. Penn. 23. It is no defence that the matter published is part of a document printed by order of the house of commons. 9 Ad. & E. 1. See JUDICIAL PROCEEDINGS. 11. The malicious reading of a libel one or more persons, it being on the shelves in a bookstore, as other books, for sale; and where the defendant directed the libel to be printed, took away some and left others: these several acts have been held to be publications. The sale of each copy, where several copies have been sold, is a distinct publication and a fresh offence. The publication must be malicious: evidence of the malice may be either express or implied. Express proof is not necessary; for where a man publishes a writing which on the face of it is libellous, the law presumes he does so from that malicious intention which constitutes The publisher of a libel is liable to be punished criminally by indictment, 2 Chitty, Crim. Law, 875; or is subject to an action on the case by the party grieved. Both remedies may be pursued at the same time. See, generally, 2 Bishop, Crim. Law; Heard, Libel & S. LIBEL OF ACCUSATION. In Scotch Law. The instrument which contains the charge against a person accused of a crime. Libels are of two kinds, namely, indictments and criminal letters. Every libel assumes the form of what is termed, in logic, a syllogism. It is first stated that some particular kind of act is criminal: as, that "theft is a crime of a heinous nature, and severely punishable." This proposition is termed the major. It is next stated that the person accused is guilty of the crime so named, "actor, or art and part." This, with the narrative of the manner in which, and the time when, the offence was committed, is called the minor proposition of the libel. The conclusion is that, all or part of the facts being proved, or admitted by confession, the panel "ought to be punished with the pains of the law, to deter others from committing the like crime in all time coming." Burton, Man. Pub. L. 300, 301. LIBELLANT. The party who files a libel in an ecclesiastical or admiralty case, corresponding to the plaintiff in actions in the common-law courts. LIBELLEE. A party against whom a libel has been filed in proceedings in an ecclesiastical or in admiralty, corresponding to the defendant in a common-law suit. LIBELLUS (Lat.). In Civil Law. A little book. Libellus supplex, a petition, especially to emperor; all petitions to whom must be in writing. L. 15, D. in jus voc, Libellum rescribere, to mark on such petition the answer to it. L. 2, 2, Dig. de jur. fisc. Libellum agere, to assist or counsel the empe ror in regard to such petitions, L. 12, D. de distr. pign.; and one whose duty it is to do so is called magister libellorum. There were also promagistri. L. 1, D. de offic. præf. pract. Libellus accusatorius, an information and accusation of a crime. L. 17, 1, & L. 29, 8 8, D. ad leg. Jul. de adult. Libellus divortii, a writing of divorcement. L. 7, D. de divort. et repud. Libellus rerum, an inventory. Calv. Lex. Libellus or oratio consultoria, a message by which emperors laid matters before senate. Calvinus, Lex.; Suet. Cæs. 56. A LIBELLUS FAMOSUS (Lat.). libel; a defamatory writing. L. 15, D. de pon.; Vocab. Jur. Utr. sub "famosus." It may be without writing: as, by signs, pictures, etc. 5 Rep. de famosis libellis. LIBER (Lat.). In Civil Law. A book, whatever the material of which it is made; a principal subdivision of a literary work thus, the Pandects, or Digest of the Civil Law, is divided into fifty books. L. 52, D. de legat. In Civil and Ŏld English Law. Free: e.g. a free (liber) bull. Jacobs. Exempt from service or jurisdiction of another, Law Fr. & Lat. Dict.: e.g. a free (liber) man. 3, D. de statu hominum. L. LIBER ASSISARUM (Lat.). The book of assigns or pleas of the crown; being the fifth part of the Year-Books. LIBER FEUDORUM (Lat.). A code of the feudal law, which was compiled by direction of the emperor Frederick Barbarossa, and published in Milan, in 1170. It was called the Liber Feudorum, and was divided into five books, of which the first, second, and some fragments of the others still exist, and are printed at the end of all the modern editions of the Corpus Juris Civilis. Giannone, b. 13, c. 3; Cruise, Dig. prel. diss. c. 1, § 31. LIBER HOMO (Lat.). A free man; a freeman lawfully competent to act as juror. Ld. Raym. 417; Kebl. 563. In London, a man can be a liber homo either-1, by service, as having served his apprenticeship; or, 2, by birthright, being a son of a liber homo; or, 3, by redemption, i.e. allowance of mayor and aldermen. 8 Rep., Case of City of London. There was no intermediate state between villein and liber homo. Fleta, lib. 4, c. 11, 22. But a liber homo could be vassal of another. Bract. fol. 25. In Old European Law. An allodial proprietor, as opposed to a feudatory. Calvinus, Lex, Alode. LIBER JUDICIARUM (Lat.). The book of judgment, or doom-book. The Saxon Domboc. Conjectured to be a book of statutes of ancient Saxon kings. See Jacob, Domboc; 1 Sharswood, Blackst. Comm. 64. LIBER ET LEGALIS HOMO (Lat.). A free and lawful man. One worthy of being a juryman: he must neither be infamous nor a bondman. 3 Sharswood, Blackst. Comm. 340, 362; Bracton, fol. 14 b; Fleta, 1. 6, c. 25, 4; 1. 4, c. 5, 8 4. LIBERATE (Lat.). In English Practice. A writ which issues on lands, tenements, and chattels, being returned under an extent on a statute staple, commanding the sheriff to deliver them to the plaintiff, by the extent and appraisement mentioned in the writ of extent and in the sheriff's return thereto. See Comyns, Dig. Statute Staple (D6). LIBERATION. In Civil Law. The extinguishment of a contract, by which he who Dr. de la Nat. & 749. Synonymous with paywas bound becomes free or liberated. Wolff, ment. Dig. 50. 16. 47. LIBERTI, LIBERTINI. In Roman Law. The condition of those who, having been slaves, had been made free. 1 Brown, Civ. Law, 99. There is some distinction between these words. By libertus was understood the freedman when considered in relation to his patron, who had betinus when considered in relation to the state be stowed liberty upon him; and he was called liberoccupied in society subsequent to his manumission. Leç. El. Dr. Rom. 93. dom, liberty). Freedom from restraint. The LIBERTY (Lat. liber, free; libertas, freefaculty of willing, and the power of doing what has been willed, without influence from without. A privilege held by grant or prescription, by which some men enjoy greater privileges than ordinary subjects. A territory with some extraordinary privilege. A part of a town or city: as, the Northern Liberties of Philadelphia. See FAUBOURG. Civil liberty is the greatest amount of absolute liberty which can in the nature of things be equally possessed by every citizen in a state. 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 administered. 1 Blackstone, Comm. 125. best possible guarantee for civil liberty. The fullest political liberty furnishes the Lieber defines civil liberty as guaranteed 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 protection, including Blackstone's divisions of civil and political under this head. Natural liberty is the right which nature gives to all mankind of disposing of their persons and property after the manner they condition of their acting within the limits of judge most consonant to their happiness, cn the law of nature and so as not to interfere with an equal exercise of the same rights by other men. Burlam. c. 3, 15; 1 Blackstone, Comm. 125. It is called by Lieber social liberty, and is defined as the protection of unrestrained action in as high a degree as the same claim of protection of each individual admits of. Personal liberty consists in the power of locomotion, of changing situation, or remov |