The commutation fund thus formed is a permanent memorial of a generous and disinterested act on the part of her ministry.
He was out-voted by his council on the question of commutation of tithes, and his enlightened zeal for reforming the "wicked and abominable" sentences of the criminal law met with complete failure.
Gradually, however, doubtless by way of commutation of excommunication and of penance, temporal penalties were added, as scourging, banishment, seclusion in a monastery, fines.
Of these, the first in date and importance is the Tithe Commutation Act of 1836.
(8) The commutation of the twenty-two letters is effected by the last letter of the alphabet taking the place of the first, the last but one the place of the second, and so forth.
This board may allow commutation or diminution of sentence for good behaviour, meritorious services or exemplary conduct.
"Simony according to the canonists," says Ayliffe in his Parergon, " is defined to be a deliberate act or a premeditated will and desire of selling such things as are spiritual, or of anything annexed unto spirituals, by giving something of a temporal nature for the purchase thereof; or in other terms it is defined to be a commutation of a thing spiritual or annexed unto spirituals by giving something that is temporal."
But shortly after the abolition of feudalism there had come into the possession of the former feudatories state loan-bonds amounting to some 18 millions sterling, which represented the sum granted by the treasury in commutation of the revenues formerly accruing to these men from their fiefs.
Moreover, every one who so desired it might pay a commutation in lieu of personal service, and the amount so realized was to be re-used to levy troops.
Upon that prince throwing himself into the hands of the Mahrattas, the place was resumed by the British in 1771 and again transferred to the nawab of Oudh, by whom it was finally ceded together with the district to the British in 1801, in commutation of the subsidy which the wazir had agreed to pay for British protection.
W.) Tithes in England may be best dealt with in two chronological divisions - tithes under the system existing previously to the Commutation Acts and tithes under the system then introduced.
A custom also sprang up, and was common at the time of the Commutation Acts, for a tithe-owner to accept a fixed sum of money or fixed quantity of the goods tithable in place of the actual tithes, known as a modus decimandi, whether in respect of a whole parish or only of particular lands within it; and this could be sued for in the ecclesiastical courts.
The principle of the Tithe Commutation Acts (1836-1860) is to make permanent and general the system which had been only partial or temporary (in most cases), After the and to "substitute a corn rent (known as a tithe rent charge), permanent in quantity and payable Acts.
In certain cases where commutation of tithes for rent charge in the ordinary way was impracticable, e.g.
C. 93) a gross rent charge can be substituted for a commutation of tithes on common rights at a fixed sum per head; a gross rent charge made payable in respect of the tithes of a gated or stinted pasture rated to the relief of the poor may be apportioned thereupon and enforced in the method prescribed by the other Tithe Acts; a rent charge on commons may be commuted for part of the land or redeemed, if the landowners and persons liable for tithe so agree; and upon enclosure, a rate per head may be converted into a rent charge on the lands allotted.
In the case of hop-grounds, orchards, fruit-plantations and gardens power was given to the commissioners to value them separately, according to the average rate of composition for the seven years preceding Christmas 1835, and to fix an ordinary and an extraordinary charge for tithes thereof, the former for such lands going out of cultivation, the latter for such as were thereafter newly cultivated; lands subject to the latter were exempted during their first years of cultivation; and such lands were only subject to it if situated in a parish in which an extraordinary charge had been distinguished at the time of commutation (6 & 7 Will.
Besides the tithes dealt with by local acts as already mentioned, certain other kinds of tithes are outside the scope of the Commutation Acts, namely, tithes of fish and fishing, personal tithes other than tithes of mills, and mineral tithes, unless the landowners and tithe-owners consent to make a parochial agreement for commutation before the confirmation of an apportionment after a compulsory award in such parish.
The method of recovering rent charge under the Commutation Acts was distraint where the rent charge is in arrear for twentyone days after the half-yearly days of payment, and entry and possession with power of letting if it is in arrear for forty days, and arrears for two years are so recoverable: this power of distress and entry extends to all lands occupied by the occupier of the land whose tithe is in arrear as owner or under the same landlord; but no action lies against the owner or occupier of the land personally.
In general Grattan supported the government for time after 1782, and in particular spoke and voted for the stringent coercive legislation rendered necessary by the Whiteboy outrages in 1785; but as the years passed without Pitt's personal favour towards parliamentary reform bearing fruit in legislation, he gravitated towards the opposition, agitated for commutation of tithes in Ireland, and supported the Whigs on the regency question in 1788.
This attitude of the Catholics was caused by Pitt's encouragement of the expectation that Catholic emancipation, the commutation of tithes, and the endowment of the Catholic priesthood, would accompany or quickly follow the passing of the measure.
As constable of Dundee he secured the commutation of the death penalty on minor offenders under his jurisdiction, and his expressed maxim was " in the greatest crimes it is thought wisest to pardon the multitude and punish the ringleaders."
As time went on these practices of commutation became more and more frequent.
But it must be kept in mind that the conversion of services into rents went on very gradually, as a series of private agreements, and that it would be very wrong to suppose, as some scholars have done, that it had led to a general commutation by the middle or even the end of the 14th century.
A second drawback from the point of view of the landlords was called forth by the fact that commutation for fixed rents gradually lessened the value of the exactions to which they were entitled.
In 1801 the nawab of Oudh ceded it to the Company in commutation of the subsidy money.
On the commutation of vows and tithes.
The governor is ex officio a member of the court of pardons, and his affirmative vote is necessary in all cases of pardon or commutation of sentence (see below).
These properties include tithes, tithe commutation rent charge, land used as arable, meadow or pasture ground only, or as woodlands, market gardens or nursery grounds, orchards, allotments, any land covered with water such as the reservoir of a waterworks company, or used only as a canal or towing-path of the same, or as a railway constructed under the powers of any Act of Parliament for public conveyance.