LITERATE

7 definitions found across Law Mind sources

LITERATEAuthored
The Law Mind • 716 words
Definition
In English ecclesiastical law, a person who qualified for holy orders by demonstrating personal accomplishment in classical learning — typically through examination — rather than by presenting a degree from Oxford, Cambridge, or another recognized university. The designation distinguished candidates who earned clerical standing through demonstrated scholarly attainment from graduates who qualified by institutional credential. The term had a narrow, technical function in ecclesiastical licensing and ordination practice. A literate was not simply a person who could read; the word carried the meaning of one formally certified as learned in the classical and theological curriculum sufficient for admission to orders. ---
Common Language
Modern common usage (Wiktionary): Able to read and write; having literacy. Also, knowledgeable in literature or writing; well-read. Historical common usage (Webster's 1913): "Instructed in learning, science, or literature; learned; lettered." The gap here is significant. In modern English, literate most often means nothing more than basic reading and writing ability — a low bar. The Webster's 1913 definition is closer to the ecclesiastical legal meaning, but still falls short: being "learned" generally describes a personal quality, while the legal use of literate was a formal ecclesiastical classification with procedural consequences for ordination eligibility. A researcher encountering literate in a legal or church document should not read it as a simple descriptor of the person's education level. ---
Why It Matters in Research
The term appears almost exclusively in sources touching English ecclesiastical law and church court practice, and is of limited relevance outside that context. Researchers will encounter it primarily in pre-twentieth-century materials dealing with ordination, clerical licensing, benefices, or church discipline. The key navigational point: Black's second edition entry reproduced in the source material above does not actually define literate — it records a passage on literary property and copyright. This is almost certainly a printing or indexing error in the source. Researchers relying on Black's 2nd edition for this term should treat that passage as misfiled and consult the first edition definition instead. This kind of artifact is not unusual in early legal dictionaries and is worth flagging as a potential trap when building arguments from historical dictionary authority. The term has no meaningful modern American legal usage. It does not appear as a term of art in statutory or constitutional law, and courts do not deploy it as a legal classification. Where literacy appears in modern legal contexts — voter literacy tests, literacy as a condition of employment, competency assessments — the operative word is literacy or literate as an ordinary English adjective, not as the technical ecclesiastical noun found in Black's first edition. Do not conflate this term with literary property, copyright, or literacy tests, all of which occupy entirely separate bodies of law. ---
Historical Dictionary Support
Black's first edition captures the term correctly: a literate is one who presents himself for holy orders on the basis of classical learning demonstrated by examination rather than by university degree. This was a recognized pathway in the Church of England's ordination framework. Black's second edition, as noted above, does not supply a usable definition for this term in the source material available — the reproduced passage concerns literary property and its distinction from copyright, which appears to be a printing or binding error in the source rather than an intentional entry. Researchers should weight Black's first edition as the controlling historical dictionary authority for this term. Neither edition engages with the procedural mechanics of how a candidate established literate status, or with the ecclesiastical courts' role in adjudicating disputed claims to that designation. For that detail, canonical treatises on English ecclesiastical law and church court records are the appropriate sources. ---
Jurisdictional Note
The term is specific to English ecclesiastical law and has no recognized equivalent in American law. It will not appear as a legal classification in U.S. federal or state materials. Researchers working in comparative ecclesiastical law or on the history of Anglican church practice in colonial America may encounter it, but should treat it as an English term of art throughout. ---
Related Terms
Literary property — Copyright — Ecclesiastical law — Ordination — Benefice — Holy orders — Literacy (as a general concept in modern legal contextsdistinct from this term)
LITERATEmain
Black's Law Dictionary • 1891
In English ecclesiastical law. One who qualifies himself for holy or- ders by presenting himself as a person ac- complished in classical learning, etc., not as a graduate of Oxford, Cambridge, etc.
LITERATEmain
Black's Law Dictionary (2nd Ed.) • 1910
on his or their part, vested in another person. 2 Amer. Law Keg. 44. And see Keene Vv. Wheatley. 14 Fed. Cas. 192; Palmer v. De Witt, 32 N. Y. Super. Ct. 552. <A distinction is to be taken between “literary property” (which is the natural, common-law right which a person has in the form of written expression to which he has, by labor and skill, reduced his thoughts) and “copyright,” (which is a statutory monopoly, above and beyond natural property, conferred upon an author to encourage and reward a dedication of his literary property to the public.) Abbott. In English ecclesiastical law. One who qualifies himself for holy orders by presenting himself as a person accomplished in classical learning, etc., not as a graduate of Oxford, Cambridge, etc.
LITERATEa.
Websters Unabridged Dictionary (1913) • 1913
Instructed in learning, science, or literature; learned; lettered. The literate now chose their emperor, as the military chose theirs. Landor.
LITERATEn.
Websters Unabridged Dictionary (1913) • 1913
One educated, but not having taken a university degree; especially, such a person who is prepared to take holy orders. [Eng.] A literary man.
literateadj
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
Able to read and write; having literacy. | Knowledgeable in literature, writing; literary; well-read. | Which is used in writing (of a language or dialect).
literatenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A person who is able to read and write. | A person who was educated but had not taken a university degree; especially a candidate to take holy orders.

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