Online Encyclopedia

LIBERTY (Lat. libertas, from liber, f...

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Originally appearing in Volume V16, Page 543 of the 1911 Encyclopedia Britannica.
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LIBERTY (
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Lat. libertas, from
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liber,
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free)
  , generally the state of freedom, especially opposed to subjection, imprisonment or
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slavery, or with such restricted or figurative meaning as the circumstances imply . The
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history of
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political liberty is in
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modern days identified practically with the progress of civiliza-tion . In a more particular sense, " a liberty " is the
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term for a franchise, a
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privilege or branch of the
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crown's
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prerogative granted to a subject, as, for example, that of executing legal
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process; hence the
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district over which the privilege extends . Such liberties are exempt from the jurisdiction of the
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sheriff and have
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separate commissions of the peace, but for purposes of
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local government form
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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
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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
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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
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works as J . S . Mill's On Liberty and
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Sir John Seeley's Introduction to Political Science .

End of Article: LIBERTY (Lat. libertas, from liber, free)
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