Tithe commutation

The tithe system

Tithe maps and apportionments were produced as a result of the Tithe Commutation Act 1836. The aim of the Act was to convert traditional tithe payments, which were paid 'in kind' and based on 1/10 of produce, into rent payments which were to be based on the prevailing price of grain.

Tithes were divided into 'great' tithes: corn, grain, hay and wood; and 'small' tithes: all other produce. Usually 'great' tithes were paid to the rector and 'small' tithes to the vicar.

In practice many 'in kind' payments had already been replaced by cash, but before the 1836 Act, theoretically there could always be a reversion to the 'in kind' system.

How was change brought about?

The Enclosure Acts launched the attack on traditional tithe payments. Enclosure frequently involved the allotment of land in place of tithes. Also some proprietors not directly affected by enclosure had tithes commuted under powers given in the Enclosure Acts. The Surrey parishes of Ewell and East Molesey had their tithes extinguished under these Acts.

Tithe questions were debated in parliament between 1828 and 1836. In 1835 Peel's government introduced a Tithe Commutation Bill which included a scheme of payment of corn rents varying with the price of wheat, barley and oats. It did not, however, allow for compulsory commutation as would the final Act.

The Tithe Commutation Act 1836

The Tithe Commutation Act was passed in August 1836 and established three Tithe Commissioners who were based in London. They had the power to confirm voluntary agreements and impose compulsory awards. Most of the work was done by the Assistant Tithe Commissioners whose job was to settle disputes, make agreements and fix awards, in many cases providing a legal framework for what was already established practice.

The Tithe Commissioners divided the country into tithe districts. In many cases the tithe district was the parish and this generally seems to have been the case in Surrey, although there were some exceptions. For example Lambeth was divided into 5 districts and Ewell consisted of Ewell and Kingswood liberty.

There were 150 tithe districts in Surrey, 93% of which were subject to the payment of tithes in 1836. By 1852 the Tithe Commissioners had confirmed apportionments in 139 tithe districts. There were 75 voluntary agreements and 64 compulsory awards.

Procedures for setting tithe payments

Voluntary Agreements were made at a parochial meeting attended by owners of not less than 1/4 of either lands or tithes of the parish. A sum of rent in lieu of tithes agreed by 2/3 of landowners by value and 2/3 of both great and small tithes was binding on the parish if recommended by the Assistant Commissioner.

For Compulsory Awards the Assistant Commissioners ascertained the average value of tithes over the years between 1829 to 1835. If a certain number of landowners complained they had the right to have the award revised by the Assistant Commissioner. A special adjustment could be made in which the tithe values of a parish could be reassessed by comparison with other nearby parishes. There was a special assessment for Shere (ref 361/58/1-2).

Tithe files held at the National Archives (ref IR18) contain the reports of Assistant Commissioners who conducted the various meetings in the district and, where one was made, the draft of the award.

Surrey History Centre holds some material relating to the process of tithe commutation under the Act. Charlwood parish (ref 248/13) where an agreement on commutation was reached includes printed matter prepared by the Assistant Commissioner using standard procedures. There is material relating to various parochial meetings, and correspondence including a letter from Robert Lewin offering to carry out mapping, surveying and apportionment of the parish for the sum of 1s 3d per acre.

Surrey History Centre also has material relating to Little Bookham (ref 181/12) and Chobham (ref 361/2).

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