Legal Definitions - de modo decimandi

De modo decimandi refers to a customary method of tithing that deviates from the general legal requirement of giving a tenth part of an annual increase. This term describes any special, established practice for paying tithes that differs from the standard proportion or form.

De modo decimandi is a historical legal term, primarily from ecclesiastical (church) law, that refers to a customary or special method of paying tithes that differed from the general rule. Traditionally, a tithe was a payment of one-tenth of one's annual produce or income, given to support the church or clergy. A de modo decimandi arose when a community or individual, through long-standing local custom, paid their tithes in a specific way that deviated from this standard "tenth part" requirement.

This deviation could involve paying a different proportion, a different type of goods, or a fixed amount rather than a variable percentage, all based on established local practice rather than the general law.

• Example 1: Fixed Grain Payment

  Imagine a medieval farming village where, for generations, the local custom dictated that instead of giving one-tenth of their fluctuating annual wheat harvest, the villagers collectively provided the church with a fixed amount of fifty bushels of wheat each year, regardless of whether the harvest was abundant or poor. This established, non-variable payment, accepted by both the villagers and the church over a long period, would be considered a de modo decimandi because it's a specific, customary payment differing from the general rule of a one-tenth share.

• Example 2: Specific Livestock Contribution

  Consider a community of shepherds who, by ancient custom, did not give one-tenth of the new lambs born each year. Instead, they consistently provided the local parish with a specific number of adult sheep (e.g., five mature ewes) annually, which was understood and accepted as their full tithe obligation. This particular, customary contribution of a fixed number of specific animals, rather than a percentage of their increase, exemplifies a de modo decimandi.

• Example 3: Monetary Commutation

  In a particular manor, the tenants had a long-standing custom of paying a fixed annual sum of money to the church, rather than contributing a tenth of the various agricultural products (like wool, milk, or vegetables) they produced. This monetary payment, solidified by custom and accepted by the ecclesiastical authorities as their full tithe, represents a de modo decimandi because it's a customary financial arrangement replacing the standard in-kind tithe based on a percentage of produce.