liberty

Without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized . . . as essential to the orderly pursuit of happiness by free men.

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 restraint, coercion or control from other persons. See Booth v. Illinois, 184 U. S. 425, 22 Sup. Ct 425, 46 In Ed. 623; Munn v. Illinois, 94 U. S. 142, 24 L. Ed. 77; People v. Warden of Cley Prison, 157 N. Y. 116, 51 N. E. 1006,'43 L E. A. 264, 68 Am. St. Ren. 763 ; Bessette v. People, 193 III. 334, 62 N. E. 215, 56 In R. A. 558; Sinte v. Continental Tobacco Co., 177 Mo. 1, 75 S. W. 737; Kuhn v. Detroit City Council, 70 Mich. 534, 38 N. W. 470; Pcople v. Judson, 11 Daly (N. Y.) 1. "Liberty," as used in the provision of the fourteenth amendment to the federal constitution, forbidding the states to deprive any person 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 nil 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 Louisiana, 17 Sup. Ct. 427, 165 U. S. 578, 41 L. Ed. 832.
2. The word also mcans 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 immunity claimed, or a jurisdiction exercised.

In this sense, the term is commonly used in the plural; as the "liberties of the city," "the northern llberties of Philadelphia."

— Civil liberty. The liberty of a member ot society, being a man's natural liberty, so far restrained by human laws (and no further) as ls necessary and expedient for the general advantage of the public. 1 Bl. Comm. 125; 2 Steph. 487. The power of doing whatever the laws permit 1 Bl. Comm. 6; Inst. 1, 3, L See People v. Berbenicli, 20 Barb. (N. Y.) 231; In re Ferrier, 103 111. 372, 43 Am. Rep. lO; Dennis v. Moses, 18 Wash 537, 52 Pac. 333, 40 In R. A. 302; Slate v. Kreutzberg, 114 Wis. 530, 90 N. W. 1098, 58 In 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 possessed by every citizen in a state. Bouvier. Guarantied 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. Lieber, Civ. Lib. 24.

— Liberty of a port. In marine insurance. A license or permission incorporated in a marine policy allowing the vessel to touch and trade at a designated port other than the principal port of destination. See Allegre v. Maryland Ins. Co.., 8 Gill & J. (Md.) 200, 29 Am. Dec. 536,

— Liberty of conscience. Religious liberty, as defined below.

— Liberty of speech. Freedom accorded 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 the globe. In marine insurance. A license or permission incorporated in a marine policy authorizing the vessel to go to any part of the world, instead of being confined to a particular port of destination. 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 freely 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 interests of individuals. Co.oley, Co.nst. Ldm. p. 422. It is said to consist in this: "That neither courts of justice, nor any judges whatever, are authorized to take notice of writings intended for the press, but are confined to those which are actually printed " De Lolme, Eng. Const. 254.

— Liberty of the rules. A privilege to go out of the Fleet and Marshalsea prisons within certain limits, and there reside. Abolished by 5 & 6 Viet c. 22.

— Liberty to bold pleas. The liberty of having a court of one's own. Thus certain lords had the privilege of holding pleas within their own manors.

— Natural liberty. The power of acting as one thinks fit, without any restraint or control, 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 exercise of the same rights by other men. Bur-lamaqui, c. 3, § 15; 1 Bl. Comm. 125.

— Personal liberty. The right or power of locomotion ; of changing situation, or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by due course of law. 1 Bl. Comm. 134. Civil Rights Cases, 109 U. S. 8, 3 Sup. Ct. 42, 27 Ij. Ed. 835; Pinkerton v. Verberg, 78 M3ch. 573, 44 N. W. 579, 7 L. R. A. 507, 18 Am. St. Rep. 473,

— Political liberty. Liberty of the citizen to participate in the operations of government, and particularly in the making and administration of the laws.

— Religious liberty. Freedom from dictation, constraint, or control in matters affecting the-conscience, religious beliefs, and the practice of religion; freedom to entertain and express any or no system of religious opinions, anfl to engage in or refrain from any form of religious observance or public or private religious worship, not inconsistent with the peace and good order of sociecy aud the general welfare. See Frazee's Case, 63 Mich. 396, 80 N. W. 72, 6 Am. St. Rep. 310; State v. White, 64 N. H. 48, 5 All. 828.

Freedom from retraint; freedom. Liberty of speech: the right freely to state facts and express opinions. Liberty of the press: the right to print and publish anything that the publisher may choose, without previous license. Liberty of worship: the right freely to worship in any mode and in accordance with any behef, doctrine or principle which does not violate the laws of morality or property, nor infringe upon personal rights.

In English law. A privilege held by royal grant or prescription, whereby men enjoy some benefit or favor beyond the ordinary subject; a privilege allowed to be exercised over another man's estate; a place or district within which certain exclusive privileges may be exercised,

1. Freedom; exemption from extraneous control. The power of the will, in its moral freedom, to follaw the dictates of its unrestricted choice, and to direct the external acts of the individual without restraint, coercion, or control from other persons, Civil liberty is the greatest amount of absolute liberty which can, in the nature of things, be equally possessed by every citizen in astate. Bouvier. ‘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 Bl. Comm. 125. ee Civil liberty is guarantied protection against interference with the interests and rights held dear and important by large classes of civilized men, or by all the memvers of a state, together with an effectual share in the making and administration of the laws, as the best apparatus to secure that SS protection. Lieb. Civil Lib. 24. Natural liberty is the right which nature gives to all mankind 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 exercise of the same rights by other men. Burlamaqui,c.3, § 15; 1 BI. Comm. 125, Personal liberty consists in the power of locomotion, of changing situation, of removing one’s person to whatever place one’s inclination may direct, without imprisonment or restraint unless by due course of law. 1 Bl. Comm. 134. Political liberty is an effectual share in the making and administration of the laws. Lieb. Civil Lib. 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 sense, the term-is commonly used in the plural; as “the liberties of the city,” “the northern liberties of Philadelphia.”

* 1. The condition of a freeman; freedom from restraint; freedom.

In its broad sense, the right not only of freedom from servitude, imprisonment or restraint, but the right of one to use his fac- ' Penn. Const. Art. I, sec. 7. Compare Const, Ala. I, 5, 13; Ark. II, 6; Cal. I, 9; Col. II, 10; Conn. I, 5-7; Del. I, 5; Fla. D, R. 10; Ga. I, 9; Dl. n, 4; Ind. I, 9-10; Iowa, I, 7; Kan. B. E. 11; Ky. Xin, 9-10; La. 4; Me. I, 4; Mass. 1, 16; Mich. IV, 43, VI, 25; Minn. I, 3; Miss. I, 4; Mo. II, 14; Neb. I, 5; Nev. L 9; N. H. I, 22; N. J. I, 5;

A privilege, held by royal grant or prescription. A place or district wherein certain privileges may be enjoyed; an extension of a gaol; an exclusive jurisdiction.

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.

(POLITICAL.) Po- be his soil and freehold, or the soil litical liberty may be defined to be and freehold of a third person, by the security with which, from the whose command he entered. 2 Salk. constitution, form, and nature of the 453; 7 T. R. 355; 1 Saund. 299, established government, the citizens b. note. enjoy civil liberty. No ideas or LIBERUM TENEMENTUM, definitions are more distinguishable estate, the same as freehold, (q. v.) than those of civil and political lib- or frank tenement. erty, yet they are generally con- LICENSE, contracts, isa right founded. 1 Bl. Com. 6,125. The given by some competent authority political liberty of a state is based to do an act, which without such auupon those fundamental laws which thority would be illegal. The inestablish the distribution of legisla- strument or writing which secures tive and executive powers. The this right, is also called a license. political liberty of a citizen is that Vide Ayl. Parerg. 353; 15 Vin. tranquillity of mind, which is the Ab. 92; Ang. Wat. Co. 61, 85. effect of an opinion that he is in per- LICENSE, international law, 1s fect security; and to insure this an authority given by one. of two security, the government must be belligerent parties, to the citizens or such that one citizen shall not fear subjects of the other, to carry ona another. specified trade. The effects of the