Legal Definitions - modus de non decimando

Modus de non decimando

This Latin term refers to a historical legal custom or agreement that established an exemption from the obligation to pay tithes. Tithes were traditionally a one-tenth portion of agricultural produce, livestock, or income paid to support the church or clergy in many historical societies. A modus de non decimando would arise when a specific arrangement, long-standing practice, or formal agreement demonstrated that certain land, individuals, or types of produce were not required to pay these standard tithes, often in exchange for some other form of payment, service, or simply due to ancient custom.

• Example 1: The Baron's Fixed Payment

  Imagine a medieval baron whose estate, for centuries, had paid a fixed annual sum of gold to the local monastery, rather than a fluctuating one-tenth of his yearly harvest or livestock. This arrangement was established by an ancient agreement with the church, recognizing the baron's significant initial endowment to the monastery.

  How it illustrates the term: This long-standing custom of a fixed payment, instead of the standard variable tithe, served as a modus de non decimando. It legally exempted the baron's estate from the usual tithe obligation, replacing it with a different, agreed-upon form of contribution.

• Example 2: The Fishermen's Exemption

  Consider a coastal village where, by ancient tradition, the local fishermen were never required to pay tithes on their daily catch. Instead, they were obligated to provide a certain amount of fish directly to the parish priest's household each week for his personal consumption and to distribute to the poor, a practice dating back generations.

  How it illustrates the term: This customary arrangement, where a specific service (providing fish directly) replaced the monetary or produce tithe, functioned as a modus de non decimando. It created a specific exemption for the fishermen from the general tithe law concerning their catch.

• Example 3: The Commuted Tithe for a Mill

  A landowner in the 17th century built a new watermill on his property, which significantly increased the value of his estate. To avoid paying a variable tithe on the mill's profits, he entered into a formal agreement with the church. In exchange for a one-time, substantial payment and the perpetual right for the church to grind its grain for free at his mill, the landowner's mill and its profits were forever declared exempt from all future tithes.

  How it illustrates the term: This formal agreement, which commuted the future tithe obligation into a specific payment and service, established a modus de non decimando for the mill. It created a permanent exemption from the standard tithe system for that particular asset.