Tithe Commutation Act 1836 - Execution of The Act

Execution of The Act

As the commission's first step was to identify affected properties, a set of surveys was made to produce maps 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.