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Encyclopedia Britannica



LIBERTY (Lat. libertas, from liber, free)

This article appears in Volume V16, Page 543 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: LEO-LOB
LIBERTY (Lat. libertas, from liber, free) , generally the state of freedom, especially opposed to subjection, imprisonment or slavery, or with such restricted or figurative meaning as the circumstances imply. The history of political liberty is in modern days identified practically with the progress of civiliza-tion. In a more particular sense, " a liberty " is the
term
  for a franchise, a privilege or branch of the crown's
prerogative
  granted to a subject, as, for example, that of executing legal process; hence the
district
  over which the privilege extends. Such liberties are exempt from the
jurisdiction
  of the sheriff and have
separate
  commissions of the peace, but for purposes of local government form
part
  of the county in which they are situated. The exemption from the
jurisdiction
  of the sheriff was recognized in England by the Sheriffs Act 1887, which provides that the sheriff of a county shall appoint a
deputy
  at the expense of the lord of the liberty, such
deputy
  to reside in or near the liberty. The deputy receives and opens in the sheriff's name all writs, the return or execution of which belongs to the bailiff of the liberty, and issues to the bailiff the warrant required for the due execution of such writs. The bailiff then becomes liable for non-execution, mis-execution or insufficient return of any writs, and in the case of non-return of any writ, if the sheriff returns that he has delivered the writ to a bailiff of a liberty, the sheriff will be ordered to execute the writ not-withstanding the liberty, and must cause the bailiff to attend before the high court of
justice
  and answer why he did not execute the writ.
In nautical phraseology various usages of the
term
  are derived from its association with a sailor's leave on shore, e.g. liberty-man, liberty-day, liberty-ticket.
A History of Modern Liberty, in eight volumes, of which the third appeared in 1906, has been written by James Mackinnon; see also Lord Acton's lectures, and such works as J. S. Mill's On Liberty and Sir John Seeley's Introduction to Political Science.


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