(151) (152) tion, 1.-Defamation by writing, printing, pictures or other signs; a defamatory publication; a publication affecting character.* -Any malicious defamation expressed either in printing, writing, pictures or effigies. 1 Chitt. Gen. Pr. 43. Any act, other than spoken words, which sets a person in an odious or ridiculous light, and thereby diminishes his reputation.* 3 Bl. Com. 125. A censorious or ridiculing writing, picture or sign, made with a mischievous or malicious intent towards government, magistrates or individuals. Hamwhich, taken by itself, certainly radically imports a little book. But libellus, in the sense of an injurious publication, was never used in the Roman law without the epithet famosus, in which indeed the whole force of the term rested, famosus libellus signifying a defamatory publication, a publication affecting character, (fama.) See Dig. 47. 10, De injuriis et famosis libellis. Cod. 9.36, De famosis libellis. The term and its epithet were both transferred to the common law, and rendered in English, scandalous libel, infamous libel, &c. See ilton arg. in The People v. Croswell, 35 Co. 125 a, De libellis famosis. At some Johns. Cas. 354. The last definition was adopted by the Supreme Court of NewYork, in the case of Steele v. Southwick, 9 Johns. R. 214, 215, and recently approved by the same court. 1 Denio's R. 347. See 4 Mass. R. 168. 2 Pick. R. 111, 113. United States Digest, Libel. Lord Chancellor Lyndhurst lately remarked that he had never yet seen, nor been able period, however, not very distinctly marked, the epithet began to be dropped, and the word libel has, by a sort of judicial license, or professional usage, come down to modern times as importing in itself, and without epithet, a defamatory publication; and this has become the settled popular meaning of the term. Perhaps, however, the proper view is to regard the epithet (defamatory) himself to hit upon any thing like a definias still understood, and omitted only by tion of libel, which possessed the requisites of a good logical definition; and that he could not help thinking that the difficulty was not accidental, but essentially inherent in the nature of the subject matter. See Cooke's Law of Defamation, 482, Appendix, No. II. *** The precise meaning of the word libel has been the subject of considerable discussion in the books, founded for the most part on the meaning claimed for the Latin word libellus, (literally, a little book,) from which it is unquestionably derived. In the case of Rex v. Curl, (2 Stra. 789, the pleadings then being in Latin,) it was argued for the defendant that the word libellus was so called from its being a book, and not from the matter of its contents; and the Chief Justice (Raymond) observed, "I do not think libellus is always to be taken as a technical word. Would not trover lie de quodam libello intitulat (of a certain book, or little book, entitled) the New Testament?" Reynolds, J. in the same case said, "a libel. does not, ex vi termini, import defamation, but is to be governed by the epithet which is added to it." Fortescue, J. however, was of opinion that libel was a technical word at the common law, and in this the court appear to have finally agreed. The misapprehension which has existed on this point seems to have grown out of the idea that libel was merely the English form of the Lat. libellus, (q. v.) way of abbreviation. Indeed, in pleading, it has generally been expressed, and in the late English Libel Act, 6 & 7 Vict. c. 96, the expression "defamatory libel" is constantly, though not invariably, used. See Cooke's Law of Defamation, 467, Appendix, No. I. And see Id. 482, Appendix, No. II. containing a report of the evidence of Lord Chancellor Lyndhurst before a committee of the House of Lords, in which the etymology of libel is placed in a clear light. To LIBEL. In admiralty practice. To proceed against, by filing a libel; to seize under admiralty process, at the commencement of a suit. Applied most commonly to the seizure of vessels. (153) book; whereas, formerly, consuls and gen- coupled with libellus. Sometimes the exerals, when they wrote to the senate, used pression is libellus ad infamiam. Inst. to continue the line quite across the sheet, 4. 4. 1. (transversâ charta,) without any distinction of pages, and roll them up in a volume. law. See infra. Suet. Cæs. 56. Hence the use of libellus in the last sense. A writing containing a complaint or claim against a person. Answering to a modern bill in equity. Dig. 2. 13. 1. Cod. 2.2.4. A writing containing a formal accusation or complaint against a person, (libellus accusatorius.) Dig. 48. 5. 17. 1. Id. 48. 5. 29.8. A written application or petition to the emperor, (libellus supplex.) Dig. 19. 2. 19.9. Tayl. Civ. Law, 230. An appeal, in writing, from the sentence of a judge, (libellus appellatorius.) Dig. 49. 1. 1. 4. (154) free or slaves. Inst. 1. 3, pr. See Fleta, lib. ❘ one's frank-law. 3 Bl. Com. 340. 4 Id. 1, c. 1, § 2. Liber homo bonâ fide ser136. Crabb's Hist. 318, 319. Co. Litt. viens; a freeman serving in good faith. Dig. 41. 1. 19. In old English law. A freeman. Omnis homo aut est liber aut est servus; every man is either free or a slave. Bract. fol. 4 b. Omnis homo aut est omnino liber, aut omnino servus, nec habetur medium; every man is either wholly free, or wholly a slave, nor is there a medium. Fleta, lib. 4, c. 11, § 22. The term liber homo, however, did not import freedom in the modern sense, for a man might be another's freeman, as well as another's slave. Poterit quis esse servus unius, et liber homo alterius. Bract. fol. 25. Magna Charta distinguishes the liber homo from the mercator, (merchant,) and the villanus, (villein.) Mag. Cart. 9 Hen. (155) and their descendants. Dig. 50. 60. 220, pr. Inst. 1. 14. 5.