LIBERTY TO HOLD PLEAS

3 definitions found across Law Mind sources

LIBERTY TO HOLD PLEASAuthored
The Law Mind • 803 words
Definition
A franchise or privilege, historically granted to certain lords or manorial holders, entitling them to maintain their own court within their manor or territorial jurisdiction — that is, to hear and determine pleas (legal disputes and claims) without those matters being drawn into the king's or state's ordinary courts. The holder of this liberty possessed, in effect, a private adjudicatory jurisdiction over persons and disputes arising within the bounds of the franchise. The term is sometimes rendered in Latin as libertas placitandi or expressed through the broader concept of court baron and court leet jurisdiction. This is a term of English feudal and manorial law. It does not describe an individual litigant's procedural right but rather an institutional franchise — a grant of jurisdictional authority attached to land and lordship. ---
Common Confusion
The word "pleas" here does not refer to criminal pleas (guilty, not guilty) as in modern usage. In medieval and early common law English, "pleas" meant causes, suits, or cases — civil and criminal alike. "Holding pleas" meant hearing and deciding legal disputes. Researchers who approach this term through a modern criminal-procedure lens will misread it. Similarly, "liberty" here is a technical term of feudal law meaning a franchise or privileged jurisdiction, not a personal freedom or constitutional right. See LIBERTY (feudal sense) and FRANCHISE. ---
Why It Matters in Research
This term appears almost exclusively in historical English and early American legal sources dealing with manorial tenure, feudal franchises, and the organization of pre-modern courts. Researchers working in the Law Mind corpus will encounter it in: 1. Treatises on feudal tenure and manorial courts (Coke, Littleton, Blackstone's discussion of private jurisdictions). 2. Early American materials that carried over English common law vocabulary before the abolition or non-adoption of manorial structures in the colonies and states. 3. Conveyancing and grant documents, where lords' privileges were enumerated alongside rights of warren, free fishery, and similar franchises. The key navigational trap is anachronism. This concept had no meaningful American legal life after the Revolution — manorial courts were not transplanted into the new republic in any operative way. If you encounter the phrase in an American source after roughly 1800, it is almost certainly in a historical or comparative discussion, a treatise glossing English precedents, or a New York context (where manorial land tenure had limited late survival). The Rapalje & Lawrence citation to 1 Edw. (N.Y.) and Wheaton's American Criminal Law reports signals that the phrase appeared in early New York case law, likely in disputes about surviving quasi-manorial grants. Researchers should also be alert to the associated Latin maxim appearing in both source dictionaries immediately following this entry — Liberum corpus nullam recipit æstimationem — which is a separate legal principle (that a free person's body cannot be assigned monetary value in damages) and is not part of the definition of this term. Its placement in the original sources is alphabetical coincidence, not substantive connection. ---
Historical Dictionary Support
Black's Law Dictionary and Rapalje & Lawrence give identical one-sentence definitions: "The liberty of having a court of one's own; thus, certain lords had the privilege of holding pleas within their own manors." Both sources are consistent and neither adds significant elaboration beyond this core statement. This brevity reflects the term's status as a historical relic by the time these dictionaries were compiled — it was retained for reference purposes, not as live doctrine. Neither source contextualizes the term within the broader structure of manorial jurisdiction, the distinction between court baron (for civil tenancy disputes) and court leet (for criminal and police matters), or the process by which such liberties were granted by royal charter or prescription. Researchers who need that structural context must go beyond these dictionary entries to Blackstone's Commentaries (Book III, on private wrongs and courts) and Coke on Littleton, where the hierarchy of private jurisdictions is more fully described. Both dictionaries append the Latin maxim Liberum corpus nullam recipit æstimationem immediately after the entry. This juxtaposition is a formatting artifact of alphabetical organization, not a substantive connection. Researchers should not infer that the maxim modifies or elaborates the definition. ---
Jurisdictional Note
This concept is operative only within English feudal and manorial legal history. It had limited and mostly nominal American relevance, with the partial exception of early New York, where Dutch patroon grants and certain English colonial charters created quasi-manorial structures that generated litigation into the early nineteenth century. No American jurisdiction recognized a general liberty to hold pleas after independence. ---
Related Terms
LIBERTY (feudal franchise) | FRANCHISE | COURT BARON | COURT LEET | MANOR | PLEA (historical sense) | JURISDICTION | SEIGNORY | LEET | PALATINATE | ANCIENT DEMESNE | COURT OF RECORD
LIBERTY TO HOLD PLEASmain
Black's Law Dictionary • 1891
The liberty of having a court of one's own. Thus, certain lords had the privilege of holding pleas within their own manors. Liberum corpus nullam recipit æsti- mationem. Dig. 9, 3, 7. The body of a freeman does not admit of valuation. Liberum est cuique apud se explorare an expediat sibi consilium. Every one is free to ascertain for himself whether a recom- mendation is advantageous to his interests. 6 Johns. 181, 184.
LIBERTY TO HOLD PLEASmain
Rapalje & Lawrence • 1883
The liberty of having a court of one's own; thus, certain lords had the privilege of holding pleas within their own manors. LIBERTY TO PURCHASE, (in a covenant). 1 Edw. (N. Y.) 1; 8 Wheel. Am. C. L. 289. Liberum corpus nullam recipit æstimationem (Dig. 9, 3, 7): The body of a freeman does not admit of valuation.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In