Legal Definitions - legit vel non

Legit vel non is a Latin phrase meaning "does he read or not?" Historically, in medieval English law, this question was formally posed by a secular (non-religious) court to an ecclesiastical official (a church authority, often called an "ordinary"). Its purpose was to determine if an accused person could claim "benefit of clergy," a legal privilege that allowed them to be tried in a more lenient church court rather than a harsher secular court.

The ability to read was the primary test for claiming this benefit, as it was presumed that only clergy or those associated with the church (like clerks or scholars) possessed literacy. If the accused could demonstrate their ability to read, the ordinary would respond "legit ut clericus" ("he reads like a clerk"), thereby granting them the benefit and transferring their case to the ecclesiastical court.

Here are some examples of how legit vel non would have been applied:

• Scenario 1: A Commoner Accused of Theft
  Imagine a peasant named Thomas in 14th-century England, who is caught stealing a pig from a lord's estate. Theft was a serious crime, often punishable by hanging in a secular court. When brought before the king's justice, Thomas, having perhaps learned to read a little from a local monk, claims he should be tried by the church court under the benefit of clergy.

  Application: The secular judge, following established procedure, would then formally ask the attending bishop (the ordinary), "legit vel non?" The bishop would present Thomas with a passage, often from a psalm, to read aloud. If Thomas successfully read the passage, he would be deemed eligible for the benefit of clergy and transferred to the ecclesiastical court, where he might face a lesser punishment like penance or a fine, rather than execution.

• Scenario 2: A Scribe Accused of Assault
  Consider Eleanor, a traveling scribe known for her literacy, who gets into a violent altercation in a market town and seriously injures another person. She is arrested and charged with assault, a felony under secular law. When presented before the local sheriff and a secular judge, Eleanor asserts her right to be tried by the church, citing her ability to read.

  Application: The secular court would then turn to the designated church official and pose the question, "legit vel non?" Eleanor would be required to demonstrate her literacy. Upon successfully reading a text, she would be granted the benefit of clergy. Her case would then be moved to the ecclesiastical court, which, while still holding her accountable, typically did not impose the same severe physical punishments or death sentences as secular courts for such offenses.

• Scenario 3: A Parish Priest Accused of Embezzlement
  Suppose Father Gregory, a respected parish priest, is accused of embezzling funds from the church's treasury. Although the crime involves church money, it is still a secular offense under the king's law, and he is apprehended by royal officers.

  Application: When Father Gregory is brought before the secular court, he would naturally claim benefit of clergy due to his actual clerical status. The secular judge would still formally ask the attending bishop, "legit vel non?" Even though Father Gregory's literacy is well-known, this formal question was a necessary procedural step to confirm his eligibility for trial in an ecclesiastical court, which had jurisdiction over its own clergy and would handle the case according to church law.