Tithe Commutation Act 1836
Encyclopedia
The Tithe Commutation Act of 1836 (6 & 7 Will 4 c 71) was an Act
of the Parliament of the United Kingdom
with the long title
"An Act for the Commutation of Tithes in England and Wales". It replaced the ancient system of payment of tithe
s in kind with monetary payments. It is especially noted for the maps which were produced as a side effect of the valuation process which the change entailed.
as alms
and for payment for his services. The tithes were often stored in a tithe barn
attached to the parish. After the dissolution of the monasteries some of the land in question, having passed out of church ownership, had tithes paid to private landlords. Enclosure acts made further modifications in the pattern, either by abolishing tithe payments entirely or replacing them with monetary payments. Various other arrangements also replaced payment in kind, though not systematically.
By the time of the Act there was considerable discontent over payment of tithes, most notably in the form of the Tithe War
of 1831-1836 in Ireland
.
A commission was established to identify all affected properties and to resolve boundary issues arising from the survey. It was headed by three commissioners:
Valuation of current tithes could be worked out by the parties, or in the absence of an agreement, by the commission.
in areas affected by the act. The initial intent was to produce maps of the highest possible quality, but the expense (incurred by the landowners) led to the provision that the accuracy of the maps would be testified to by the seal of the commissioners, and only maps of suitable quality would be so sealed. In the end, about one sixth of the maps had seals. A map was produced for each "tithe district", that is, one region in which tithes were paid as a unit. These were often distinct from parishes or townships. Areas in which tithes had already been commutated were not mapped, so that coverage varied widely from county to county. The maps indicated parcels and buildings, assigning each a number.
Associated with each map was an apportionment, in the form of a table with an entry for each map item by number. For each entry the owner, tenant, area, name or description, state of cultivation, rent charge payable, and the tithe owner was listed. A preamble gave the name of the tithe owner, the circumstances under which tithes were owed, and the whether the apportionment was subject to an agreement worked out among the parties, or was being imposed by the Crown.
The surveying was carried out expeditiously, with the majority of the work performed by 1841, and largely completed by 1851. In some cases amendments had to be filed as properties were divided or other circumstances intervened. The work was also complicated by numerous irregularities in the way tithes were assessed. For example, timber might or might not include standing trees, branches, acorns, mast
, and even charcoal. Variations as to the circumstances of tithe-paying were also considerable.
Three copies of each map and apportionment were made. The original copy was kept by the national archives; the other two copies were deposited with the local diocesan registrar and parish. (Many of the latter copies have been transferred to local archives.) These maps and apportionments are often used as references by genealogists and other historical researchers.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
with the long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
"An Act for the Commutation of Tithes in England and Wales". It replaced the ancient system of payment of tithe
Tithe
A tithe is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash, cheques, or stocks, whereas historically tithes were required and paid in kind, such as agricultural products...
s in kind with monetary payments. It is especially noted for the maps which were produced as a side effect of the valuation process which the change entailed.
Tithe payments
Tithes were originally paid as one tenth of the produce of the land (crops, eggs, cattle, timber, fishing, etc.) to the rectorRector
The word rector has a number of different meanings; it is widely used to refer to an academic, religious or political administrator...
as alms
Alms
Alms or almsgiving is a religious rite which, in general, involves giving materially to another as an act of religious virtue.It exists in a number of religions. In Philippine Regions, alms are given as charity to benefit the poor. In Buddhism, alms are given by lay people to monks and nuns to...
and for payment for his services. The tithes were often stored in a tithe barn
Tithe barn
A tithe barn was a type of barn used in much of northern Europe in the Middle Ages for storing the tithes - a tenth of the farm's produce which had to be given to the church....
attached to the parish. After the dissolution of the monasteries some of the land in question, having passed out of church ownership, had tithes paid to private landlords. Enclosure acts made further modifications in the pattern, either by abolishing tithe payments entirely or replacing them with monetary payments. Various other arrangements also replaced payment in kind, though not systematically.
By the time of the Act there was considerable discontent over payment of tithes, most notably in the form of the Tithe War
Tithe War
The Tithe War was a campaign of nonviolent civil disobedience, punctuated by sporadic violent episodes, in Ireland between 1830-36 in reaction to the enforcement of Tithes on subsistence farmers and others for the upkeep of the established state church - the Church of Ireland...
of 1831-1836 in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
.
Provisions of the act
The act substituted a variable monetary payment (referred to as the "corn rent") for any existing tithe in kind. This payment was originally calculated on the basis of a seven-year average price of wheat, barley, and oats, with each grain contributing an equal part to the total. Prices were determined nationally. Parcels where tithes had already been commutated were unaffected, as initially were Ireland and Scotland. Some land was free of tithe obligation, due to barrenness, custom, or prior arrangement.A commission was established to identify all affected properties and to resolve boundary issues arising from the survey. It was headed by three commissioners:
- William Balmire (chairman)
- Thomas Wentworth Buller
- Rev. Richard JonesRichard Jones (economist)Richard Jones was an English economist who criticised the theoretical views of David Ricardo and T. R. Malthus on economic rent and population....
Valuation of current tithes could be worked out by the parties, or in the absence of an agreement, by the commission.
Execution of the act
As the commission's first step was to identify affected properties, a set of surveys was made to produce mapsTithe maps
The term Tithe map is usually applied to a map of an English or Welsh parish or township, prepared following the Tithe Commutation Act 1836. This act allowed tithes to be paid in cash rather than goods. The map and its accompanying schedule gave the names of all owners and occupiers of land in the...
in areas affected by the act. The initial intent was to produce maps of the highest possible quality, but the expense (incurred by the landowners) led to the provision that the accuracy of the maps would be testified to by the seal of the commissioners, and only maps of suitable quality would be so sealed. In the end, about one sixth of the maps had seals. A map was produced for each "tithe district", that is, one region in which tithes were paid as a unit. These were often distinct from parishes or townships. Areas in which tithes had already been commutated were not mapped, so that coverage varied widely from county to county. The maps indicated parcels and buildings, assigning each a number.
Associated with each map was an apportionment, in the form of a table with an entry for each map item by number. For each entry the owner, tenant, area, name or description, state of cultivation, rent charge payable, and the tithe owner was listed. A preamble gave the name of the tithe owner, the circumstances under which tithes were owed, and the whether the apportionment was subject to an agreement worked out among the parties, or was being imposed by the Crown.
The surveying was carried out expeditiously, with the majority of the work performed by 1841, and largely completed by 1851. In some cases amendments had to be filed as properties were divided or other circumstances intervened. The work was also complicated by numerous irregularities in the way tithes were assessed. For example, timber might or might not include standing trees, branches, acorns, mast
Mast (botany)
Mast is the "fruit of forest trees like acorns and other nuts". It is also defined as "the fruit of trees such as beech, and other forms of Cupuliferae". Alternatively, it can also refer to "a heap of nuts"....
, and even charcoal. Variations as to the circumstances of tithe-paying were also considerable.
Three copies of each map and apportionment were made. The original copy was kept by the national archives; the other two copies were deposited with the local diocesan registrar and parish. (Many of the latter copies have been transferred to local archives.) These maps and apportionments are often used as references by genealogists and other historical researchers.