Liberty

1.

Liberty is often used in jurisprudence in its general vernacular sense of freedom; exemption from bondage or servitude. Thus the law, in common with philosophy, speaks often of liberty as a condition or right of persons. It is distinguished as natural liberty, which implies freedom from all positive human laws; civil liberty, or the natural liberty of the individual, as abridged by and enjoyed under reasonable municipal laws; and political liberty, which is the exemption of a community or state from the control of any other. This, at least, seems the more convenient sense in which to employ the phrase political liberty, though earlier writers use it as an equivalent of civil liberty.

2.

In a more technical sense, liberty signifies, particularly in early English law, a franchise or personal privilege being some part of the sovereign power, vested in an individual, either by grant or prescription.

3.

In a secondary sense, derived from the one last mentioned, the region, territory, or place the inhabitants of which enjoy special privileges or franchises, is designated by the word liberty, more commonly pluralized. Examples are the ■which latter are the district in which a prisoner may walk at large, without rearrest or liability of escape. Iiiberties, or franchises, are royal privileges subsisting in the hands of subjects; also, districts in regard to which such privileges have been granted by the crown to individuals, conferring on them or their bailif Es the exclusive jurisdiction of executing legal process therein. Such districts are, in consequence, exempt from the sheriff's jurisdiction; but the practical importance of this exemption is diminished by the fact that it is now usual to insert a non omittas clause in the writs directed to the sheriff ("that you omit not by reason of any liberty within your bailiwick," &c.), specially authorizing him to enter into such privileged places.

And by Stat. 13 & 14 Vict. cli.

105, a liberty may now, on petition to the crown by the court of quarter sessions, be made to merge for the future in the general county jurisdiction. (2 Sieph. Com. 630.) Mozky Sr W. Liberty of the press. This expression imports freedom from any censorship over what shall be published; exemption from control in advance over the dissemination of ideas by printing. It does not import that one may not be mulcted in damages or punished for ■what he has published, if, after the act, it is shown to be contrary to law, but that he shall not be restrained beforehand. In some countries of continental Europe, government assumes the power of restricting the press, by prohibiting seditious and libellous publications; and enforces regulations, in the nature of a censorship, to preclude the appearance of ■what is deemed unla^wful. The favorite idea in England and America has been, that every person may freely publish what he sees fit; and any judgment of the law upon it shall be reserved tiU afterwards. But to suppose that he cannot be brought into judgment afterwards is a misconception of what is meant by the liberty of the press. Liberty of speech. Freedom to express one's sentiments by word of mouth, uncontrolled by any censorship or restrictions of government beforehand. Like the liberty of the press, this liberty is not an exemption from punishment or damages after the act; nor does it give any right of speaking to the interruption of lawful assemblies, or to the disturbhand what an individual intends to say, to restrict him. Liberty to hold pleas, signifies to have a court of one's own, and to hold it before a mayor, bailiff, &c.

Tondins.