Legal Definitions - liberate

The term liberate refers to a historical legal writ, which was a formal written order issued by a court, typically in England. Its primary purpose was to command the release or delivery of funds, property, or a person, usually after a specific legal condition had been met or an obligation fulfilled.

Historically, a liberate writ served several functions, including:

• Ordering the royal treasury to pay an annual pension or other sum.
• Directing a sheriff to return property that had been pledged as security once the associated legal requirement was satisfied.
• Commanding a jailer to release a prisoner who had successfully posted bail.
• Instructing a sheriff to deliver lands or goods to a creditor following a debtor's default on a specific type of commercial loan.

Here are some examples illustrating the historical application of a liberate writ:

• Imagine a medieval knight who, upon retiring from royal service, was promised an annual stipend from the Crown. If the payment became overdue, a liberate writ could be issued to the Exchequer (the royal treasury) by a court, compelling them to release the funds to the knight. This demonstrates how the writ was used to enforce the payment of an owed sum.

• Consider a merchant in 14th-century England who pledged a valuable shipment of wool as collateral for a short-term commercial loan. If the merchant repaid the loan in full as agreed, a court might issue a liberate writ to the local sheriff, instructing him to return the wool to the merchant. This illustrates the writ's role in ensuring the return of pledged property once an obligation was met.

• Suppose a person was arrested and held in a local gaol (jail) awaiting trial. After a successful hearing, a judge set a bail amount, which the individual's family promptly paid. A liberate writ would then be dispatched to the gaoler, ordering the immediate release of the prisoner. This exemplifies the writ's function in securing a person's freedom after legal conditions, such as bail, were satisfied.