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The Tithe Act 1836 (6 & 7 Will 4 c 71), sometimes called the Tithe Commutation Act 1836, is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
. It is one of the Tithe Acts 1836 to 1891. It replaced the ancient system of payment of
tithe A tithe (; from Old English: ''teogoþa'' "tenth") 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 or cheques or more ...
s in kind with monetary payments. It is especially noted for the tithe maps which were needed for the valuation process required by the Act. British Parliamentary Paper 1837 XLI 405 was published to give guidance on how landscape features were to be indicated on the maps. It is entitled ′Conventional signs to be used in the plans made under the Act for the Commutation of Tithes in England and Wales′What is a cross road? by Susan Taylor


Tithe payments

Tithes were originally paid as one-tenth of the produce of the land (crops, eggs, cattle, timber, fishing, etc.) to the
rector Rector (Latin for the member of a vessel's crew who steers) may refer to: Style or title *Rector (ecclesiastical), a cleric who functions as an administrative leader in some Christian denominations *Rector (academia), a senior official in an edu ...
, as
alms Alms (, ) are money, food, or other material goods donated to people living in poverty. Providing alms is often considered an act of virtue or charity. The act of providing alms is called almsgiving, and it is a widespread practice in a numbe ...
and as payment for his services. The tithes were often stored in a
tithe barn A tithe barn was a type of barn used in much of northern Europe in the Middle Ages for storing rents and tithe A tithe (; from Old English: ''teogoþa'' "tenth") is a one-tenth part of something, paid as a contribution to a religious orga ...
attached to the parish. At the dissolution of the monasteries some of the land passed out of church ownership, and the tithes were then paid to private landlords.
Inclosure Acts The Inclosure Acts, which use an archaic spelling of the word now usually spelt "enclosure", cover enclosure of open fields and common land in England and Wales, creating legal property rights to land previously held in common. Between 1604 and ...
made further modifications, either abolishing tithe payments entirely or replacing them with monetary payments. Various other arrangements also replaced payments in kind, but not systematically. By the time of the Tithe Commutation Act there was considerable discontent over payment of tithes, most notably in the Tithe War of 1831-1836 in
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
; in England a dispute over tithes in 1806 led to a
double murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...
in Oddingley, Worcestershire.


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 seven-year average prices of wheat, barley, and oats, with each type of grain contributing an equal part to the total. Prices were determined nationally. Parcels of land for which tithes had already been commuted 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 Blamire (chairman) *
Thomas Wentworth Buller Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Ap ...
* Rev. Richard Jones Valuation of current tithes could be negotiated by the parties; in the absence of an agreement, they were determined 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
maps A map is a symbolic depiction emphasizing relationships between elements of some space, such as objects, regions, or themes. Many maps are static, fixed to paper or some other durable medium, while others are dynamic or interactive. Although ...
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 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, an area in which tithes were paid as a unit. These were often distinct from parishes or townships. Areas in which tithes had already been commuted were not mapped, so that coverage varied widely from county to county. The maps indicated parcels of land and buildings, assigning each a number. Associated with each map was an apportionment schedule, which listed 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 whether the apportionment was agreed by 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 when properties were divided or other circumstances intervened. The work was also complicated by numerous inconsistencies in how tithes were assessed. For example, timber might or might not include standing trees, branches, acorns,
mast Mast, MAST or MASt may refer to: Engineering * Mast (sailing), a vertical spar on a sailing ship * Flagmast, a pole for flying a flag * Guyed mast, a structure supported by guy-wires * Mooring mast, a structure for docking an airship * Radio mas ...
, 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 document was kept by the commissioners (and is now held by
The National Archives National archives are central archives maintained by countries. This article contains a list of national archives. Among its more important tasks are to ensure the accessibility and preservation of the information produced by governments, both ...
); the other two copies were deposited with the local
diocesan registrar In church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop. History In the later organization of the Roman Empire, the increasingly subdivided provinces were administratively associate ...
and the parish (many of the latter copies have been transferred to local archives.) These maps and apportionments are often used for reference by genealogists and other historical researchers.


References


Sources

* Alan Wharham, "Tithes in Country Life," ''History Today'' (June 1972), Vol. 22 Issue 6, pp 426–433. * * * * *John Meadows White. The Act for the Commutation of Tithes in England and Wales. B Fellowes. Ludgate Street, London. 1836
Google Books
*Ralph Barnes. Remarks on the Tithe Commutation Act. J G and T Rivington. London. 1836
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*G H Whalley. The Tithe Act, and the Tithe Amendment Act. Shaw and Sons. Fetter Lane, London. 1838
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*John Meadows White. The Acts for the Commutation of Tithes in England and Wales. New Edition. B Fellowes. Ludgate Street, London. 1838
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*George Burges. A Commentary on the Act for the Commutation of Tithes in England and Wales. J G and F Rivington. London. Matchett, Stevenson and Matchett. Norwich. 1838
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*William Eagle. The Acts for the Commutation of Tithes in England and Wales. Third Edition. Saunders and Benning. Fleet Street, London. 1840
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*Leonard Shelford. The Acts for the Commutation of Tithes in England and Wales. Third Edition. S Sweet. Stevens and Norton. London. 1842
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*George Pemberton Leach. "The Tithe Act, 1836". The Tithe Acts. Fifth Edition. 1891. Page
1
to 36. Sixth Edition. 1896. Page
1
to 40. *Eric J Evans. Tithes and the Tithe Commutation Act 1836. Bedford Square Press. 1978
Google Books
*J M Lely. "Tithe Commutation Act, 1836". Chitty's Collection of Statutes of Practical Utility. Fourth Edition. 1880. Volume 6. Title "Tithes". Page
559
to 588. *J M Lely. "Tithe Act, 1836". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. 1895. Volume 12. Title "Tithes"
1
to 15. *"Tithe Act 1836". Halsbury's Statutes of England. Third Edition. Butterworths. London. 1971. Title "Tithe"
Volume 35
Page 390.


External links


Tithe Maps of Wales, National Library of WalesWelsh Tithe Maps - Places of Wales; Discover the tithe maps of Wales
{{UK legislation 1836 in law United Kingdom Acts of Parliament 1836 Tithes