英文法律词典 L-34

LIBEL OF ACCUSATION¹. A term used in Scotland to designate the instrument which contains the charge against a person accused of a crime. Libels are of two kinds, namely, indictments² and crimiual letters.

2. Every libel assumes the form of what is termed in logic³, a syllogism⁴. It is first stated that some partioular kind of act is criminal; as, that "theft is a crime of a heinous⁵ nature, and severely⁶ 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 narrative⁷ of the manner in which, and the time when the offence was committed, is called the, minor⁸ proposition of the libel. The conclusion is that all or part of the facts being proved, or admitted by confession⁹, the panel "ought to be punished with the pains of the law, to deter¹⁰ others from committing the like crime in all time coming." Burt Man. Pub. L. 300, 301.

LIBELLANT. The party who fires a libel in a chancery or admiralty case, correspondes to the plaintiff in actions in the common law courts, is called the libellant.

LIBELLEE. A party against whom a libel has been filed in chancery proceedings¹¹, or in admiralty, corresponding to the defendant¹² in a common law suit.

LIBER. A book; a principal subdivision of a literary work: thus, the Pandects, or Digest of the Civil Law, is divided into fifty books.

LIBER ASSISARUM. The book of assizes, or pleas of the crown; being the fifth part of the Year Books. (q. v.)

LIBER FEUD¹³ RUM. A code of the feudal¹⁴ 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 other's still exist and are printed at the end of all the modern editions of the Corpus Juris Civilis. Giannone, B. 13, c, 3; Cruise's Dig. Prel. Diss. c. 1, §31.

LIBER HOMO. A freeman lawfully¹⁵ competent to act as a juror. Raym. 417; Keb. 563.

LIBERATE¹⁶, English practice. A writ¹⁷ which issues on lands, tenements¹⁸, and chattels¹⁹, being returned under an extent on a statute²⁰ staple²¹, commanding the sheriff to deliver them to the plaintiff, by the extent aud appraisement²² mentioned in the writ of extent, and in the sheriff's return thereto. See Com dig. Statute Staple, D 6.

LIBERATION, civil law. This term is synonymous with payment. Dig. 50, 16, 47. It is the extinguishment of a contract by which he who was bound become's free, or liberated²³. Wolff, Dr. de la Nat. § 749.

LIBERTI, LIBERTINI. These two words were, at different times, made to express among the Romans, the condition of those who, having been slaves, had been made free. 1 Brown's 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 bestowed²⁴ liberty upon him and he was called libertinus, when considered in relation to the state he occupied in society since his manumission. Lec. El. Dr. Rom. §93.