diff options
Diffstat (limited to '28499.txt')
| -rw-r--r-- | 28499.txt | 3267 |
1 files changed, 3267 insertions, 0 deletions
diff --git a/28499.txt b/28499.txt new file mode 100644 index 0000000..fe89e8f --- /dev/null +++ b/28499.txt @@ -0,0 +1,3267 @@ +The Project Gutenberg EBook of Mother Earth, by W. Stitt Robinson, Jr. + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Mother Earth + Land Grants in Virginia 1607-1699 + +Author: W. Stitt Robinson, Jr. + +Release Date: April 5, 2009 [EBook #28499] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK MOTHER EARTH *** + + + + +Produced by Mark C. Orton and the Online Distributed +Proofreading Team at https://www.pgdp.net + + + + + + +Transcriber's Note: Extensive research indicates the copyright on this +book was not renewed. + + + +_Mother Earth_-- + +LAND GRANTS IN VIRGINIA + +1607-1699 + + + +By + +W. STITT ROBINSON, JR. +Associate Professor of History +University of Kansas + + +VIRGINIA 350TH ANNIVERSARY CELEBRATION CORPORATION +WILLIAMSBURG, VIRGINIA +1957 + +COPYRIGHT(C), 1957 BY +VIRGINIA 350TH ANNIVERSARY CELEBRATION +CORPORATION, WILLIAMSBURG, VIRGINIA + +Jamestown 350th Anniversary +Historical Booklet, Number 12 + + + + +CHAPTER ONE + +The Land and the Indian + + +Among the motives for English colonization of America in the seventeenth +century, the desire for free land occupied a prominent place. The +availability of land in the New World appealed to all classes and ranks +in Europe, particularly to the small landholder who sought to increase +his landed estate and to the artisans and tenants who longed to enter +the ranks of the freeholder. + +The desire for land and the opportunity to provide a home for one's +family, according to Professor C. M. Andrews, "probably influenced the +largest number of those who settled in North America." Land also had its +appeal as the gateway to freedom, contributing substantially to the +shaping of the American character. When analyzing the factors that +helped make this "new man, who acts upon new principles," De Crevecoeur +in 1782 emphasized the opportunity to "become a free man, invested with +lands, to which every municipal blessing is annexed!" + +Formulation of a land policy confronted the officials of all the +colonies in early America. Its importance is reflected in the statement +by C. L. Raper in his study of English colonial government that the +"System and policy concerning land determine to a very considerable +extent the economic, social, and political life of the colonists." The +existence of the American frontier with unoccupied land was a potent +force in America, and Frederick Jackson Turner stated in his famous +essay in 1893 that the "Most significant thing about the American +frontier is, that it lies at the hither edge of free land." + +Before analyzing the nature of landholding and the land policy that was +adopted in early Virginia, let us examine first the problem that arose +by virtue of the presence of the Indians in North America. + +At the time of the settlement of Jamestown in 1607 the area of +present-day Virginia was occupied by Indians of three linguistic stocks: +Algonquin, Siouan, and Iroquoian. Generally speaking, the Algonquins +which included the Powhatan Confederacy inhabited the Tidewater, +reaching from the Potomac to the James River and extending to the +Eastern Shore. The Siouan tribes, including the Monacans and the +Manahoacs, occupied the Piedmont; while the Iroquoian group, containing +the independent Nottoways and Meherrins, partially surrounded the others +in a rough semicircle reaching from the headwaters of the Chesapeake +through the western mountains and back to the coast in the region south +of the James River. + +The presence of these tribes in the areas of proposed colonization +confronted the colonizers of the sixteenth and seventeenth centuries +with the same problem that has faced imperialists of a later date, the +question of "right and title" to land. The British, like other European +nations, did not recognize the sovereign right of the heathen natives +but claimed a general title to the area by the prevailing doctrine of +right by discovery and later by the generally accepted doctrine of +effective occupation. As stated in the charter to Sir Walter Raleigh in +1584 with essentially the same provision included in the first charter +of Virginia in 1606, the colonizers were authorized to occupy land "not +actually possessed of any Christian Prince, nor inhabited by Christian +People." Over the Indians the British maintained a "limited +sovereignty"; and when acknowledging any claim, they recognized only the +Indian's right of occupation and asserted the "exclusive right" to +extinguish this title which occupancy gave them. + +In the first years of the colony not even these tenure rights were +recognized by the British. While a few gifts of land had been made by +the natives and one of these confirmed by the London Company, there was +no admission, either direct or by inference, that the Indians possessed +a superior claim to the land. When such an implication was made in a +land grant to Barkham in 1621, the company reacted with bitter +resentment. Governor Yeardley, striving to maintain peace with the +natives, made the grant conditional upon the consent of the Indian chief +Opechancanough. According to stated practice under the company, the +grant then had to be approved in England by a quarter court of the +company's stockholders. When Barkham's petition was presented for +ratification, the members of the court held the provision concerning the +Indian chief to be "verie dishonorable and prejudiciall" for it +infringed upon the company's title by acknowledging sovereignty in that +"heathen infidell." + +Disregard for the aboriginal occupants of Virginia called forth anew the +question of "right and title," a problem subject to discussion in +England even before Jamestown. To allay these attacks, several +proponents of colonial expansion attempted to justify the policy of the +crown and the London Company. + +Sir George Peckham in _A true reporte of the late discoveries_ pointed +out as early as 1583, relating to the discoveries of Sir Humphrey +Gilbert, that it was "lawfull and necessary to trade and traficke with +the savages." In a series of subsequent arguments, he then expounded +the right of settlement among the natives and the mutual benefit to +them and to England. This theme was later extended by the author of +_Nova Britannia_, who maintained that the object of the English was to +settle in the Indian's country, "yet not to supplant and roote them +out, but to bring them from their base condition to a farre better" by +teaching them the "arts of civility." The author of _Good Speed to +Virginia_ added that the "Savages have no particular propertie in any +part or parcell of that countrey, but only a generall residencie there, +as wild beasts have in the forests." This last opinion, according to +Philip A. Bruce, prevailed to a great extent and was held by a majority +of the members of the London Company in regard to the appropriations of +lands. + +In spite of these views entertained by the company, there were several +instances in which the natives were compensated for their territory. +This was done primarily through the initiative of local authorities, for +they were usually better informed concerning Indian affairs. They were +in much closer contact with the natives than the company's Council in +London and realized that the goodwill of the aborigines could be +cultivated by giving only minor considerations for the land occupied by +the English. On other occasions the Indians voluntarily gave up their +land such as the present from Opechancanough in 1617 of a large body of +land at Weyanoke. At still other times land was seized by force. When +any attempt was made to justify the seizure, it was done on the basis of +an indemnity for damage inflicted upon the colony or for violations of +agreements by the natives. By 1622 settlements had been made along the +banks of the lower James River and in Accomac on the Eastern Shore, the +land having been obtained by direct purchase, by gifts from the natives, +or by conquest. + +Any attempt to determine the extent of the areas acquired by purchase in +Virginia is hindered by the indefinite nature of the Indian holdings and +by the lack of complete records for the early periods. Thomas Jefferson +thought much of the land had been purchased. Writing to St. George +Tucker in 1798, Jefferson stated: + + At an early part of my life, from 1762 to 1775, I passed much time + in going through the public records in Virginia, then in the + secretary's office, and especially those of a very early date of our + settlement. In these are abundant instances of purchases made by our + first assemblies of the indi[ans] around them. The opinion I formed + at the time was that if the records were complete & thoroughly + searched, it would be found that nearly the whole of the lower + country was covered by these contracts. + +Jefferson overestimated the amount of land that was purchased by +Virginia during the early years. While the records now extant show that +the colony often purchased lands, they likewise indicate that frequently +land was appropriated without compensation. Especially during the years +following the first massacre of 1622, "The Indians were stripped of +their inheritance without the shadow of justice." The greater part of +the Peninsula between the York and James rivers was taken by conquest; +the right of possession was later confirmed by a treaty with Necotowance +in 1646, without, however, any stipulation for compensating the natives +for the land they relinquished. + +The treaty of 1646 with the successor of Opechancanough inaugurated the +policy of major historical significance of either setting aside areas +reserved for Indian tribes, or establishing a general boundary line +between white and Indian settlements. Influenced by the desire of +individual settlers to fortify their claims and by the opposition of the +natives to white encroachment, the colony designated definite lands for +the Virginia Indians and began to follow more closely the custom of +purchasing all territory received from the natives. To see that this was +done, the Assembly passed numerous laws, pertaining in most cases only +to the specific tribes of Indians mentioned in each act. + +In 1653 the Assembly ordered that the commissioners of York County +remove any persons then seated upon the territory of the Pamunkey or +Chickahominy Indians. At the same time both lands and hunting grounds +were assigned to the red men of Gloucester and Lancaster counties. The +following year the Indian tribes of Northampton County on the Eastern +Shore were granted the right to sell their land to the English provided +a majority of the inhabitants of the Indian town consented and provided +the Governor and Council of the colony ratified the procedure. Soon +other tribes were given the same privilege. So anxious were they to +dispose of their land when allowed to convey a legal title, that it +became necessary for the colony to forbid further land transfers without +the Assembly's stamp of approval. Such a step was taken in order to +prevent the continual necessity of apportioning new lands to keep the +natives satisfied. + +By 1658 the Assembly had received from several Indian tribes so many +complaints of being deprived of their land, either by force or fraud, +that measures were again adopted to protect the natives in their rights. +No member of the colony was allowed to occupy lands claimed by the +natives without consent from the Governor and Council or from the +commissioners of the territory where the settlement was intended. To +decrease the chances for cheating the Indians, all sales were to be +consummated at quarter courts where unfair purchases could be prevented. + +Efforts to protect the Indians in the possession of their lands were +subject to modification from time to time. The treaty of 1646 designated +the York River as the line to separate the settlements of the English +and the natives. But the colony at that time was on the eve of a great +period of expansion. With an estimated population of 15,000 in 1650, the +colony increased by 1666 to approximately 40,000, and by 1681 to +approximately 80,000. To stem the tide of the advancing English +settlement was apparently an impossibility. Therefore, Governor William +Berkeley and the Council, upon representation from the Burgesses, +consented to the opening of the land north of the York and Rappahannock +rivers after 1649. At the same time the provision making it a felony for +the English to go north of the York was repealed. This turn in policy, +based upon the assumption that some intermingling of the white and red +men was inevitable, led to the effort to provide for an "equitable +division" of land supplemented by attempts to modify the Indian economy +which had previously demanded vast areas of the country. + +Endeavoring to provide for this "equitable division" of land, the +Assembly in 1658 forbade further grants of lands to any Englishmen +whatsoever until the Indians had been allotted a proportion of fifty +acres for each bowman. The land for each Indian town was to lie together +and to include all waste and unfenced land for the purpose of hunting. +This provision did not relieve all pressure on Indians' lands, partly +because some of the natives never received their full proportion and +partly because some had been accustomed to even larger areas. But it did +serve as a basis for reservation of land for different tribes. + +[Illustration: From a portrait reproduced in J. H. Claiborne, _William +Claiborne of Virginia_. + Photo by Flournoy, Virginia State Chamber of Commerce. + +William Claiborne, Surveyor for Virginia, Secretary of the Colony of +Virginia] + +[Illustration: _How to reduce all sorts of grounds into a square for +the better measuring of it._ + +From John Norden's "Surveior's Dialogue" +Photo by T. L. Williams] + +Two years later the Assembly in 1660 took definite steps to relieve the +pressure of English encroachments upon the territory of the Accomac +Indians on the Eastern Shore. Enough land was assigned to the natives of +Accomac to afford ample provisions for subsistence over and above the +supplies that might be obtained through hunting and fishing. To insure a +fair and just distribution of these lands, the Assembly passed over +surveyors of the Eastern Shore and required that the work be done by a +resident of the mainland, who obviously would be less prejudiced against +the aborigines because of personal interest. When once assigned to the +natives, the land could not be alienated. + +By 1662 this last provision, forbidding the Accomacs to alienate their +lands, was extended to all Indians in Virginia. The Assembly had +realized that the chief cause of trouble was the encroachment by the +whites upon Indian territory. Efforts, therefore, had been made to +remove this cause of friction by permitting purchases from the natives +provided each sale was publicly announced before a quarter court or the +Assembly. But the plan had not been a complete success. Various members +of the colony had employed all kinds of ingenious devices to persuade +the natives to announce in public their willingness to part with their +land. Dishonest interpreters had rendered "them willing to surrender +when indeed they intended to have received a confirmation of their owne +rights." In view of these evil practices the Assembly declared all +future sales to be null and void. + +Twenty-eight years later in 1690 the Governor and Council in accord with +this restriction nullified several purchases made from the Chickahominy +Indians. By order of the Assembly in 1660 this tribe had received lands +in Pamunkey Neck. Since that time several colonists had either purchased +a part of their land or encroached upon their territory without regard +for compensation. In neither case were the white settlers allowed to +remain. All leases, sales, and other exchanges were declared void by the +Governor and Council, and all intruders were ordered to withdraw and +burn the buildings that had been constructed. George Pagitor, being one +of the settlers affected by this order, had obtained about 1,200 acres +in Pamunkey Neck from the natives. He had built a forty-foot tobacco +barn and kept two workers there most of the year. When his purchase was +declared void, he was ordered to return the land to the natives and to +burn the barn that had been constructed. Accompanying this executive +decree was an order to the sheriff of New Kent County authorizing him to +carry out the will of the officials of the colony and to burn the barn +himself, if necessary. + +Commissioners were also employed for the supervision of Indian lands. +Upon the recommendation of the committee appointed for Indian affairs, +the Assembly in 1662 authorized the Governor to appoint a commission "to +enquire into and examine the severall claimes made to any part of our +neighboring Indian land, and confirme such persons who have justly +invested themselves, and cause all others to remove." The English with +rights to land within three miles of the natives were to assist in +fencing the Indian corn fields. This was done to prevent harm to the +Indian crops by hogs and cattle of the colony. Commissioners appointed +were to designate the time and number of English to aid in the +construction. Other commissioners were to view annually the boundaries +separating the two people. + +The commissioners diligently enforced the provisions of these laws which +underwent few changes until the outburst of hostilities in Bacon's +Rebellion. In 1678 the additional expense of the Indian war led the +colony to modify temporarily its former provisions in order to obtain +more revenue from land. All territory recently assigned to the Indians +but then abandoned and any land then occupied that should later be +deserted were to be sold. The proceeds from the sale were to be used in +the public interest to defray the expense of the war. + +This regulation applied only to land abandoned by the Indians. The +colony continued to protect the natives in other lands assigned them as +is exemplified in the region south of the James River. In 1665 the +Indian boundary line for the area was designated to run from the +southern branches of the Blackwater River to the Appomattox Indian town, +and from there to Manakin Town located only a few miles above the Fall +Line. By 1674 some of the colonists had crossed this line and were +settling on the territory of the Nottoway Indians. When the encroachment +was called to the attention of the Governor and Council, they ordered +the English to withdraw immediately, and in the next instructions to the +surveyor of the colony they again forbade the location of new grants in +the region designated as Indian land. + +The number of the aborigines gradually dwindled in this section as in +other parts of the colony, due mainly to wars, smallpox epidemics, +spirituous liquors, migration, and the abridgement of territory of a +people who lived principally on the "spontaneous productions of nature." +Because of the decrease the Burgesses in 1685 appealed to Governor +Howard for permission to allow grants to some of the land in the area. +The Governor failed to comply with their requests. Later, in 1690, an +order was issued for the immediate removal of several persons who had +obtained illegal patents to land south of the main Blackwater Swamp. All +members of the colony were again forbidden to settle beyond the boundary +line, and any who had already constructed houses were ordered not to +repair them nor to finish any other uncompleted buildings. The sheriffs +and justices of the peace of Charles City, Surry, Isle of Wight, and +Nansemond counties were instructed to be on the alert for violators of +the order. + +However, the Indians themselves, residing in the region on the south +side of the Blackwater River and in Pamunkey Neck had requested in 1688 +that colonists be allowed to settle across the boundary line in the area +now made vacant by the gradual dying out of their tribes. The basis for +the request seems to have been a desire for relief in their precarious +economic condition and the fear of invasion by hostile Indians, whom +they regarded with more apprehension than they did the English. By 1705, +the colony, influenced by the request from the natives revoked its +former law regarding the Indian boundary, permitting a limited number of +white settlements in Pamunkey Neck and in the region south of the +Blackwater Swamp and Nottoway River. + +Thus in the seventeenth century the pendulum moved from a position of +the colony ignoring any Indian rights in the land to a gradual +recognition of the Indian right of occupation. This sweep of the +pendulum brought the establishment of boundary lines between the whites +and the Indians with reservations being designated for certain tribes. +By the end of the century the diminution of the tribes found the +pendulum swinging back to open the area to white settlement which had +once been reserved to the natives, yet still retaining the recognition +of the Indian's right of occupation where tribes survived. With this +survey of the problem of the red man's title to land, let us now turn to +a consideration of the white man's title and how it was obtained in +seventeenth-century Virginia. + + + + +CHAPTER TWO + +The London Company + + +General boundaries for English settlement were designated in the charter +of 1606 creating the London Company and the Plymouth Company to settle +the area in America known as Virginia. The London Company was authorized +to settle a tract of land 100 miles square in the southern part of the +area extending from the thirty-fourth to the forty-first degrees north +latitude, or from the Cape Fear River in present North Carolina to New +York City. The boundaries for the Plymouth Company were from the +thirty-eighth to the forty-fifth degrees north latitude, or from +approximately the mouth of the Potomac River to a line just north of +present Bangor, Maine. In the overlapping area between the thirty-eighth +and forty-first degrees, which in effect created a neutral zone between +the present location of Washington, D.C., and New York City, provision +was made for a distance of at least 100 miles to separate the sites that +might be selected by the two companies. + +As stated in the charter of 1606, "all the lands, tenements, and +hereditaments" were to be held "as of our Manor at East-Greenwich in the +County of Kent, in free and common soccage only, and not in capite." The +"Manor at East-Greenwich" refers to the residence of King James I at the +royal palace of Greenwich and was used as a descriptive term in many +grants to indicate that the land in America was also considered a part +of the demesne of the King. The land was held not "in fee simple" with +absolute ownership, a concept which was not a part of English law at the +time; but it was granted "in free and common soccage" with the holder a +tenant of the King with obligations of fealty and of the payment of a +quitrent. The fixed rent replaced the service, military or personal, +required under feudal law; and the socage tenure in effect did not +subject the land to the rules of escheat or return of the land to the +King if inherited by minors or widows. For Englishmen in America, the +"Instructions for the government of the colonies" in 1606 were explicit +in showing that their legal and tenurial rights were the same as +residents of the mother country by stating that "All the lands, +tenements, and hereditaments ... shal be had and inherited and enjoyed, +according as in the like estates they be had and enjoyed by the lawes +within this realme of England." + +Government by the charter of 1606 provided for a strong exercise of +control by the crown over the colonies of both companies. This was +achieved through the establishment of the Council for Virginia that was +appointed by the King, was resident in England, and answered to the King +through the Privy Council for its actions. For local control of each +company, authorization was made for a Council in America with its +initial membership determined by the Council for Virginia and with a +president selected by the local group. + +Few details were given either in the charter or "Instructions" of 1606 +about distribution of land. Provisions did state that grants of land in +the colony would be made in the name of the King to persons whom the +local Council "nominate and assign"; but no details were given of the +method of land distribution. From the scant records that survive, it is +evident that promises of land were made to individuals who were willing +to hazard the dangers of the new country. From a bill of adventure that +goes back to 1608, the nature of the promise of land is revealed in the +agreement between Henry Dawkes and Richard Atkinson, clerk of the +Virginia Company. Fortunately the bill of adventure of 1608 was recorded +with the patent by Governor John Harvey in 1632 to William Dawkes, son +and heir of Henry Dawkes. The commitments in the bill of adventure were +as follows: + + _Whereas_ Henry Dawkes now bound on the intended voyage to Virginia + hath paid, in ready money, to Sr. Thomas Smith Kt. treasurer for + Virginia the some of twelve pounds tenn shillings for his adventure + in the voyage to Virginia. + + _It is agreed_ that for the same the said Henry Dawkes his heires, + executors, admrs. and assignes shall have rateably according to his + adventure his full pte. of all such lands tenemts and hereditamts. + as shall from time to time bee there planted and inhabited, and of + all such mines and minneralls of gould, silver, and other mettalls + or treasures, pearles, pretious stoanes or any kinds of wares or + merchandize, comodities or pfitts. whatsoever, which shal bee + obtained or gotten in the said voyage, according to the portion of + money by him imployed to that use, In as large and ample manner as + any other adventurer therein shall receave for the like some. + + Written this fowerteenth of July one thousand six hundred and eight. + + Richard Atkinson + [Clerk of the Virginia Company]. + +The first two years at Jamestown brought disappointments, but the +adventurers of the London Company found grounds for new hope in the +enlarged and expanded program that was inaugurated in 1609. A new +charter was sought from the King to make possible reforms in +governmental organization both in England and Virginia; and a broader +base for financial support was laid by inviting the public to subscribe +to a joint-stock fund. By the charter of 1609 the new organization was +incorporated as the Treasurer and Company of Adventurers and Planters of +the City of London for the First Colony in Virginia. In England the head +of the reorganized company was designated as treasurer, and the major +change in control was the transfer of authority over the colony from the +crown to the company with the powers of government in the hands of the +treasurer and Council. This Council in England, which continued for some +time to be called the Council for Virginia, had its jurisdiction limited +to the exploits of the London Company; its membership came entirely from +the company; and its members were in effect selected by the leading +promoters of the company. One major governmental change occurred in the +colony by the president and Council being eliminated in favor of a +strong Governor to be advised by a Council. The former provision for +title to an area of land 100 miles square was changed to give title to +"all that space and circuit of land" lying 200 miles north and 200 miles +south of Point Comfort from the sea coast "up into the land, throughout +from sea to sea, west, and northwest" plus islands within 100 miles of +the coast. + +Provisions relative to distribution of land were more specific in the +1609 charter and provided that land should be conveyed by majority vote +of the company under its common seal. Consideration in distribution of +land was to be given both to the amount invested by adventurer as well +as "special service, hazard, exploit, or merit of any person." + +In the third charter of 1612 no major changes were included relative to +land. Boundaries of the colony were extended from 100 miles to 300 +leagues to include the newly discovered Bermuda Islands. And greater +governmental authority was placed in the generality of the company by +providing for quarterly court meetings of the company to handle "matters +and affairs of greater weight and importance" than were resolved by +lesser courts of a smaller portion of the company. + +No immediate grants of land to individuals were forthcoming with these +charters. Only promises were made to those who subscribed to the +joint-stock undertaking. The adventurer invested only his money and +remained in England with each unit of investment set at L12 10s. per +share. The term planter was applied to one who went to the colony, and +his personal adventure was equated to one unit of investment at the +same rate as above. Both adventurer and planter were promised a +proportionate share of any dividends distributed, whether in land or in +money. The joint-stock arrangement was originally set to continue seven +years from its inception in 1609, thus making 1616 as the terminal +date. During this period monetary dividends might be declared, and at +the end of the period the land suitable for cultivation was to be +divided with at least 100 acres to be given for each share of stock. +The tract _Nova Britannia_ of 1609, written by Robert Johnson as a part +of the promotional campaign of the London Company, outlined these major +provisions concerning land and included the optimistic prediction that +each share of L12 10s. would be worth 500 acres at least. But an +attempt fourteen years later by Captain Martin to justify a patent +based on this figure of 500 acres per share failed because the promise +was held to be the work of a private individual and not a commitment by +the court of the company. + +In the absence of private title to land in the early years of the +Virginia colony, the company relied upon a corporate form of management +with the pooling of community effort to clear the land, construct +buildings, develop agriculture, and engage in trade with the Indians. +This was not an experiment based on a theory of communism for the +joint-stock claims were limited in time. Most of the settlers were more +in a position of contract laborers performing services for the company, +and plans were devised for monetary dividends even before 1616 if the +colony prospered. Inadequate supplies from England, severe weather +conditions, hostility of the Indians, and the lack of willingness for +industrious labor on the part of the early settlers depleted the common +storehouse upon which the colonists were forced to rely, leading to the +exercise of stern and autocratic measures by John Smith and some of his +successors as leaders in the colony. Among the factors that contributed +to the lack of zeal among the settlers was the absence of private +ownership of land. + +Prior to the promised distribution of land in 1616, there was granted +private use of land under a tenant-farm policy which most probably was +first inaugurated in 1614 under Sir Thomas Dale, although there is some +uncertainty about the date. Three acres of "cleare ground" were allotted +to men of the old settlement. In effect they became tenants of the +company and were obligated to render only one month's service to the +colony at some period other than the planting and harvesting time and to +contribute annually to the common magazine two barrels and a half of +corn on the ear. This tenant-farm policy worked well and better +conditions resulted with increased production of crops and stock. +According to one account in 1616: + + They sow and reape their corne in sufficient proportion, without + want or impeachment; their kine multiply already to some hundreds, + their swine to many thousands, their goates and poultry in great + numbers, every man hath house and ground to his owne use.... + +In the same year this policy was extended to include eighty-one farmers +or tenants in the colony's total population of 351. + +Despite improvement in the supply of provisions, the company still had +to face the harsh facts that in 1616 there were only 351 persons alive +in the colony, and funds were low in the treasury. There had been only a +limited number of new subscribers; some of the earlier subscribers had +defaulted on their second or third payments; and the use of lotteries +had failed to provide adequate money. This was the year set for the end +of the joint ownership of land with the declaration of land dividends. +But the company could not provide the necessary funds to defray the +administrative costs for the land divisions; and furthermore, many were +of the opinion that not enough land in possession had been cleared of +trees and surveyed. The arbitrary conduct of the Deputy Governor Captain +Samuel Argall, who arrived in Virginia in May, 1617, also contributed to +the delay in carrying out the plan for land distribution. + +_In A Briefe Declaration of the present state of things in Virginia_, +adventurers were told that "this course of sending a Governor with +commissioners and a survayor, with men, ships, and sundry provisions" +would be expensive, and plans were announced for only a preliminary or +"first divident" of fifty acres with the expressed hope that a later +division would bring at least 200 acres for every share. But even for +the preliminary division, more money was needed and shareholders were +asked to subscribe another L12 10s. to help pay for the administrative +cost. For each additional subscription of L12 10s., a fifty-acre grant +would be made. Here we have provisions for obtaining land by "treasury +right," a method remaining in effect only until dissolution of the +company in 1624 and not reappearing until 1699. Planters in the colony +were also to receive a fifty-acre grant for their personal adventure. +Even new adventurers were invited to buy shares at L12 10s. and were +promised fifty-acre grants with the same privileges of the old +adventurers. But the response was poor. Most of the grants that were +made were either irregular in form or contained unreasonable provisions +dictated by the exigency of the situation, thereby being later +repudiated by the company. + +The financial embarrassment of the company and the need for further +colonization led to grants of land in return for service to the company +by officials or for promoting the transportation of colonists. For the +services of Sir Thomas Dale to the colony, the Council for Virginia +awarded him the value of 700 pounds sterling to be received in land +distribution; to Sir Thomas Smith for his noteworthy efforts as +treasurer or chief official of the company, 2,000 acres; and to Captain +Daniel Tucker for his aiding the colony with his pinnace and for his +service as vice-admiral, fifteen shares of land. Similar rewards could +be made under the company to ministers, physicians, and other government +officials. + +As a further stimulus to expand the population of the colony and to +enhance agricultural production, the company beginning in 1617 +encouraged private or voluntary associations, organized on a joint-stock +basis, to establish settlements in the area of the company's patent. +These "societies of adventurers" were to send to Virginia at their own +expense, tenants, servants, and supplies; and the associates were given +certain governmental powers over the settlement that approached the +position of an independent colony. They were authorized "till a form of +government is here settled over them" to issue orders and ordinances +provided they were not contrary to the laws of England. In relation to +the four original boroughs of James City, Charles City, Henrico, and +Kecoughtan (later Elizabeth City), the hundreds or particular +plantations in government were "co-ordinate and not subordinate"; and +some of them sent representatives to the first Assembly held in 1619 +under Governor Yeardley. + +The amount of land in these sub-patents depended upon the number of +shares of stock of the associates, and in effect the grants served as +dividends to the shareholders. One hundred acres were granted for each +share with the first division of land, and the promise was made for an +equal amount upon a second division of land provided the first was +"sufficiently peopled." There was to be some choice in location by the +associates, although certain restrictions were imposed. No grant was to +be located within five miles of the four original boroughs, and the +plantation should be ten miles from other settlements unless on opposite +sides of an important river. These provisions were designed to provide +for expansion and at the same time avoid conflict among plantations, yet +they tended to disperse the colony and complicate efforts to maintain +adequate protection from the imminent threat of hostile natives. + +The term hundred was applied to some, but not all, of these particular +plantations. The origin of this designation has sometimes been explained +as a derivation from the English administrative system, but this seems +valid only as it pertains to the name. There was no attempt to establish +a system based on English counties and hundreds, rather the Virginia +hundreds were closer to the feudal manor with a degree of economic and +political independence. In the light of these conditions, Professor +Wesley Frank Craven suggested the possibility that the term might have +been a "colloquial designation" applied to plantations with no definite +name and related to the units of 100 acres included in the grants or by +the requirement to seat 100 settlers on the land. + +There were three general types of particular plantations. The first of +these represented the voluntary pooling of land and resources by several +adventurers of the company, since few had adequate land or financial +support to go it alone. The company granted a patent to contiguous areas +of land according to the number of shares of stock possessed by the +group. Examples of this type include the Society of Smith's Hundred and +Martin's Hundred. Smith's Hundred, later called Southampton Hundred, was +organized in 1617 and included among its adventurers Sir Thomas Smith, +Sir Edwin Sandys, and the Earl of Southampton. The grant included 80,000 +acres and was located on the north side of the James River in the area +between "Tanks Weyanoke" and the Chickahominy River. The society was +administered by a treasurer and committees selected by a meeting of the +adventurers. The associates settled at least 300 colonists within their +boundaries and reported in 1635 the expenditure of L6,000 on the +settlement. Martin's Hundred, organized in 1618, was named for Richard +Martin and should be distinguished from (John) Martin's Brandon +organized the previous year. The Society of Martin's Hundred held patent +to 80,000 acres and dispatched over 250 colonists, but only a part of +the tract was ever occupied. + +The second type of particular plantation involved an adventurer who +combined with persons outside the company to obtain a grant. The title +usually resided in the original adventurer, and the nature of government +and special privileges was similar to grants of the first kind discussed +above. The grant made to Captain Samuel Argall was of this type. So was +the grant of John Martin's Brandon in 1617, a plantation of 7,000 acres +situated seven miles upstream from Jamestown. + +The third type of grant involved new adventurers whose major purpose in +buying stock in the company was to organize a particular plantation. +Illustrative of this category was the plantation of Christopher Lawne, +who transported 100 settlers in 1619 to Warrosquoik and established +Lawne's Hundred. During the following year the hundred was dissolved and +thereafter called Isle of Wight Plantation. + +Beginning with the election of Sir Edwin Sandys as treasurer in 1619 and +including the next four years, there were forty-four grants made for +particular plantations; and the company declared six others to have been +made prior to this time under Sir Thomas Smith. All of the projected +plantations, however, were never located; and few were settled to the +extent planned by the company. Historical records are scarce for these +projects and this paucity of material has left much of the story +incomplete. It is certain that the following additional plantations were +actually established in Virginia: Archer's Hope on the James River, +Bargrave's Settlement, Bennett's Welcome, Society of Truelove's +Plantation, Persey's or Flowerdieu Hundred, and Berkeley Town or +Hundred. For the last of these, Berkeley Hundred, there is an extensive +set of records in the Smyth of Nibley Papers that gives considerable +insight into the organization and activities of the adventurers under +the leadership of Richard Berkeley, George Thorpe, William Throckmorton, +and John Smyth of Nibley. + +Resembling its larger prototype, the London Company, the Berkeley +Hundred group had a governor and council. The adventurers were granted +100 acres of land for each share of stock with the promise of an equal +amount when the first grant was settled; likewise they were promised +fifty acres without quitrent for every person transported at their +expense who remained for three years or died within this period. For +promoting both a church and school, the adventurers were also granted +1,500 acres. With these grants and with exemptions from both the +company's trade rules and from taxation except by consent, the leaders +of Berkeley Hundred inaugurated a vigorous campaign to provide the +necessary provisions and personnel, including farmers, artisans, +overseers, a minister, and a doctor. Over ninety people were dispatched +to the colony in 1619 and 1620 at a cost of approximately L2,000. This +settlement, however, did not thrive. Many of the settlers died of +disease and eleven were killed in the Indian massacre of 1622. By 1636 +the adventurers had abandoned their plans to continue the settlement and +sold their interests to London merchants. + +In addition to the stimulus to migration by the three foregoing types +of grants for particular plantations, the company took steps in 1618 +toward reorganization of its administration. Sir Thomas Smith was still +in control of the company as treasurer and contributed to the reforms, +but the major contribution came from Sir Edwin Sandys who succeeded to +the position of treasurer in the spring of the following year. Rules +and by-laws were restated in the "Orders and Constitutions," which were +largely prepared in 1618 although not formally adopted until June, +1619. One additional document of 1618 was very significant because it +outlined a uniform land policy. Identified by the term "the greate +charter," it is listed in the _Records_ of the London Company as +"Instructions to Governor Yeardly" under the date November 18, 1618. + +This "charter" outlined plans for distribution of the land dividend and +contained provisions for the headright system which became a basic +feature of the colony's land policy. One hundred acres were promised as +a first dividend to all adventurers for each paid-up share of stock at +L12 10s., another 100 acres as a second dividend when the first had been +settled ("sufficiently peopled"). "Ancient planters," that is, those who +had come to the colony prior to the departure of Sir Thomas Dale in +1616, were to receive similar grants if they had come to the colony at +their own expense. These foregoing grants were to be free of quitrent. +"Ancient planters" who came to the colony at the company's expense would +receive the same amount of land after a seven-year term of service but +would be required to pay a quitrent of two shillings for every 100 +acres. + +For settlers arriving after the departure of Dale in 1616 or those +migrating during the seven-year period following Midsummer Day of 1618, +separate regulations applied. If transported at company expense, the +colonist was to serve as a half-share tenant for seven years with no +promise of a land grant; if at his own expense, he was to receive as a +headright fifty acres on the first dividend and the same amount on the +second dividend. This provision for the fifty-acre headright was set up +for the seven-year period prior to Midsummer Day of 1625, but it +continued beyond this date as the essential key to Virginia's land +policy of the seventeenth century. + +Out of the number of people who purchased a share in the company and +thereby received a bill of adventure, Alexander Brown in his _Genesis +of the United States_ estimated that about one-third came to Virginia +and took up their land claim; approximately one-third sent over agents, +or in some cases heirs, to benefit by the grants; and the remaining +one-third disposed of their shares to others who occupied the lands. + +Provisions for special lands were also stated in "the greate charter." +At each of the four focal points of settlement--James City, Charles +City, Henrico, and Kecoughtan, 3,000 acres were to be set aside as the +company's land. Half-share tenants were to cultivate the lands and half +of the company's profits was to be used to support several of the +colonial officials. For the Governor, a special plot known as the +Governor's land was to be designated at Jamestown, and half of the +proceeds of the tenants was to go to the Governor. For local government, +additional provisions were made for support by setting aside 1,500 acres +as "burroughs land" at the four points of settlement listed above. + +Support of cultural activities, as well as governmental, was also +provided by land. Glebe lands were authorized at each borough, including +100 acres for the minister with a supplement from church members to pay +a total of L200 per annum. For the promotion of education, "the greate +charter" set aside 10,000 acres at Henrico as an endowment for a +"university and college." The primary aim of the college in 1618 was to +serve as an Indian mission, although the training of English students +was probably a part of the plan. Tenants were dispatched to Virginia to +work at Henrico as "tenants at halves," one-half of the proceeds of +their labor to go to the tenant, the other half to be used for the +building of the college and for support of its tutors and students. One +hundred and fifty tenants were sent over for the college land; and to +improve the returns from this enterprise, Sir Edwin Sandys engaged that +"worthy religious gentleman" George Thorpe as deputy to supervise the +investment in the college land. Patrick Copland, projector of the first +English free school in North America, was designated president-elect of +the Indian college; and Richard Downes, a scholar in England, came to +Virginia in 1619 with plans to work in the proposed college. All of +these hopeful plans were suddenly blasted by the eruption of the Indian +massacre of 1622. For all practical purposes the project was ended, +although some efforts were made after 1622 by the company to have the +remaining tenants cultivate the land and to hold the bricklayers to the +obligations of their contract. + +The trace of these grants, including the company land, the Governor's +land, and the "burroughs land" fades out in the absence of complete +records for this period of the colony. Use of the glebe land as partial +support for the minister was continued in later years, although details +of the disposition of these early plots are missing. And the +appropriation of lands for support of education and other public +purposes was a recognized concept in later American history. + +The issuing of patents in fee simple to land promised under the general +land dividend did not reach the extent planned by the company until the +arrival of Governor George Yeardley in 1619. There seems to be adequate +evidence to prove, as Bruce contended, that a few grants had been made +prior to this time, even prior to 1617; but no record has been preserved +in the Virginia Land Office. However, even if such grants were +authorized, it is unlikely that the proper surveys were made for many of +them. + +As early as 1616 there were references by the company to send to +Virginia a surveyor who could lay out the lands to be distributed to the +adventurers. It is probable that a surveyor accompanied Captain Samuel +Argall to the colony in 1617, but the first name on record in this +position seems to be that of Richard Norwood who had previously engaged +in surveying in the Somer Isles. There is little to indicate that much +was done by Norwood. In 1621 William Claiborne accompanied Governor +Francis Wyatt to Virginia, and the arrival of these two men actuated the +granting of many tracts. + +One of these grants by Governor Wyatt is the earliest extant form of the +headright franchise. Dated January 26, 1621/22, it conveyed to Thomas +Hothersall 200 acres of land at Blunt Point located in later Warwick +County. The grant read as follows: + + _By the Governr and Capt: Generll: of Virginia_ + + _To all to whome these prsents shall come_ greeting in our Lord God + Everlasting. + + _Know Yee_ that I sr Francis Wyatt Kt, Governr and Capt: Generall + of Virginia, by vertue of the great charter of orders and lawes + concluded on and dated at London in a generall quarter court the + eighteenth day of November one thousand six hundred and eighteene + by the treasurer Counseil and company of adventurers for the first + southerne colony of Virginia, according to the authority graunted + them from his Matie under his great seale, the said charter being + directed to the Governr and Counseil of State here resident, and by + the rules of justice, equity & reason, doe wth the approbation and + consent of the same Counseil who are joyned in commission with mee, + give and graunt unto Mr. Thomas Hothersall of Paspehay gent., and + to his heires and assignes for ever, for his first generll: + devident, to bee augumented and doubled by the said company to him + and his said heires and assignes when hee or they shall once + sufficiently have planted and peopled the same. + + Two hundred acres of land scituate and being at Blunt Point, + confining on the east the land of Cornelius May, on the south upon + the great river, on the north upon the maine land and on the west + runing towards a small creek one hundred rod (at sixteene foote and + a half the rod); + + Fifty acres whereof is his owne psonall right and fifty acres is + the psonall right of Frances Hothersall his wife, the other hundred + acres in consideration of his transportacon of twoe of his children + out of England at his owne cost & charges, Viz: Richard Hothersall + and Mary Hothersall, + + _To Have and to Hold_ the said twoe hundred acres of land with all + and singular the apptennces, and with his due share of all mines & + minneralls therein conteyned, and wth all rights and privileges of + hunting, hawking and fowling and others within the prcincts and + upon the borders of the said land, To the only pper use benifitt + and behoofe of the said Thomas Hothersall, his heires and assignes + for ever, + + In as large and ample manner to all intents and purposes as is + specified in the said great charter or by consequences may justly + bee collected out of the same, or out of his Ma'ties letters + patents whereon it is grounded. + + _Yeilding and paying_ to the treasurer and company and to their + successors for ever, yearely at the feast of St. Michael the + Archangell [September 29], for every fifty acres, the fee rent of + one shilling. + + _In witness whereof_ I have to these presents sett my hand and + the great seale of the colony, given at James Citty the six and + twentieth day of January one thousand six hundred twenty one [o.s.] + and in the yeares of the raigne, of our Soveraigne Lord, James by + the Grace of God King of England, Scotland, France and Ireland, + Defender of the faith &c., Vizt: of England, France and Ireland the + nineteenth and of Scotland the five and fiftieth, and in the + fifteenth yeare of this plantacon. + +Claiborne supervised most of the surveys included on the list of patents +that was drawn up by Governor Wyatt in 1625. Out of 184 patents that +were issued to individual planters, over seventy-five per cent included +only 200 acres or less with the most frequent grant being the 100-acre +grant to the "ancient planter." For the remaining individual grants, +approximately one-sixth were between 201 and 600 acres; four were +between 601 and 1,000 acres; and four exceeded 1,000 acres. + +In an analysis of the status of the Virginia population with regard to +landholding at the time of the dissolution of the company in 1624, +Professor Manning C. Voorhis concluded that only about one-seventh of +the 1,240 population obtained land from the company. This would leave +the remainder of the settlers as indentured servants or tenant farmers +who worked out their maintenance or transportation either for the +company or for private individuals who financed their trip to America. +The tenant farmers constituted the larger group. In the chapter that +follows, some attention will be given to the status of these immigrants +and the extent to which they were able to become independent landowners +in the colony. + + + + +CHAPTER THREE + +Virginia as a Royal Colony + +The Nature and Size of Land Grants + + +A variety of reasons led the King to dissolve the London Company and to +assume royal control over the first experiment in colonization under an +incorporated company. Failure of the colony to thrive economically, the +poor financial condition of the company, political differences between +Sir Edwin Sandys and the King, internal dissensions between the Sandys +faction and the Smith-Warwick group, the extremely high death rate in +the colony, and the impact of the Indian massacre of 1622--all +contributed in varying degrees of importance to the dissolution. The +company rejected efforts of the crown to substitute a new charter drawn +up in 1623 providing for the King to resume control of the colony by +establishing a royal Council in England and a Governor and Council in +Virginia. Consequently the Privy Council obtained a writ of _quo +warranto_ which terminated with a decision by the court of King's Bench +in May, 1624, annulling the charter of the company. + +With the advent of royal control there was a significant continuity in +practice in the colony, and the political framework was little changed. +The Governor and Council were then appointed by the King, but the House +of Burgesses continued without major revision. In order to assure +continued respect for public authority, a royal commission was +dispatched to Governor Wyatt and an eleven-man Council empowering them +to act "as fully and ampley as anie Governor and Councell resident there +at anie tyme within the space of five yeares now last past." A similar +commission was issued to Sir George Yeardley in 1626, and for the next +sixteen years royal instructions to the Governors reflected a striking +resemblance. + +A similar continuity was evident in economic affairs as revealed in land +policy. The London Company as a corporate body in charge of the colony +terminated in 1624 after eighteen years, and the following year after +the death of King James I the colony of Virginia by proclamation was +made a part of the royal demesne. The landholder in Virginia became then +in effect a freehold tenant of the King. The rights and property of the +company were taken over by the crown, but recognition was made of the +private property right of the planter and of individual claims of those +who had invested in the company. Even land rights to planters and +adventurers that had not been taken up were recognized, but few +proceeded to effect settlement or to exercise the right of taking up 100 +acres per share of stock. + +The land rights of the private joint-stock associations also continued +to be recognized, but there was less enthusiasm on the part of +individual adventurers to promote the projects started some years +earlier. This development was indicative of the major change in the +economic life of the colony that resulted in the decline, if not +disappearance, of absentee ownership. As previously noted, Berkeley +Hundred had suffered the loss of many of its settlers in the massacre of +1622; and upon expiration of term of service of the few remaining +servants, only the land and a few cattle were left in the settlement. By +1636 the adventurers had sold their claims to London merchants. In the +case of Martin's Hundred located about seven miles from Jamestown, the +massacre doomed the active settlement and only the title to the land +continued. Eventually the title to this hundred was withdrawn to permit +natural expansion of the colony, and the associates or adventurers were +awarded claims to land allotments commensurate with the number of shares +held in the joint stock. + +The tracts known as company land were maintained for a while under royal +control. The role of the public estate, however, never assumed great +significance, yet there is evidence of the continued practice during the +seventeenth century of endowing an office such as Governor or secretary +with the proceeds of a land grant. + +Theoretically tenants and contract laborers who were still alive at the +time of the dissolution of the company were to continue their labor +either on the public land or on private associations. In practice, +however, it is likely that lax enforcement of the contracts resulted in +a substantial diminution of the obligations of many workers. The +scarcity of records for this period makes it impossible to trace all of +this group, but there is enough evidence to indicate that some continued +to serve out their term of labor. The General Court in 1627 expressed +concern about the approaching expiration of leases and indentures of +persons for whom there were no provisions for lands; and action was +taken to permit them to lease land for a period of ten to twenty-one +years in return for which they were to render a stipulated amount of +tobacco or corn for each acre, usually one pound of tobacco per acre. +This lenient provision notwithstanding, only about sixty persons availed +themselves of the opportunity, the remainder presumably either squatting +on frontier land, working as laborers, or eventually obtaining title to +land by purchase from an original patentee. + +With the dissolution of the company the issuing of land patents +continued in the hands of the Governor and Council. The King and Privy +Council assumed power over land distribution but apparently left the +issuing of patents as it had been before. Up until January, 1625, +Governor Wyatt issued patents in the name of the company. At that time +news reached Virginia that the writ of _quo warranto_ of June, 1624, +had dissolved the company and that King James I upon assumption of +control of the colony had issued on August 26, 1624, the first +commission of a royal Governor to Wyatt. But the commission made no +reference to land grants, and Governor Wyatt issued none after January, +1625. + +Charles I succeeded to the throne following the death of James I on +March 27, 1625. His proclamation stating policy relative to Virginia +professed protection of the interests of private planters and +adventurers but made no direct reference to land grants. Governor +Yeardley replaced Wyatt by a commission of March 14, 1625/26 and arrived +in Virginia in May, 1626. There is no record extant to show that +Yeardley received direct instructions to start issuing grants; but it is +certain that he did begin in February, 1626/27, interpreting his +instructions and commission as authorizing the action. + +Land patents during this period were to be issued on four main +conditions: (1) as a dividend in return for investment in the founding +of the colony; (2) as a reward for special service to the colony; (3) as +a stimulus to fortify the frontier by using land to induce settlement; +and (4) as a method of encouraging immigration by the headright. + +The first of these was simply an assurance by the King that the former +stockholders in the company still had the right to take up land at the +rate of 100 acres for each share of stock owned. As late as 1642 this +privilege was still being confirmed in instructions to the Governor; but +the stockholders appeared to be little interested at this time in coming +to Virginia, for very few took up their claim and apparently the shares +bearing the holder's name could not be transferred after the +dissolution. The plan for the distribution of the first dividend in 1619 +also provided for a second allotment. As late as 1632 patents still +included authorization for a second dividend when the first had been +cultivated. But no second allotment was ever made. There are, however, +examples to indicate that claims for the first dividend were upheld +after the company was dissolved. In 1628 Thomas Graies obtained a patent +as a dividend for his subscription of twenty-five pounds sterling; in +1636 Captain John Hobson was issued a patent covering a bill of +adventure that went back to 1621; and on another occasion the land +dividend due a deceased father was awarded to his son. + +The next condition of awarding patents for meritorious service to the +colony was of long standing. Used to award ministers, political +officials, physicians, sea captains, and various other individuals under +the company, the practice continued under royal control after 1624. +Governor Wyatt in 1638 was instructed to issue land patents for +meritorious service according to provisions previously adopted for such +cases. And a few years later Charles II awarded lands in Virginia to +servants or others who aided him, although it is not certain whether +these individuals were ever able to take up the claim bestowed upon +them. + +The third condition for a patent was practically a corollary to the +second, for it involved rendering service to the colony by settling and +fortifying the frontier. One example during this period may be found in +securing the Peninsula. Following the massacre of 1622 Governor Wyatt +and his Council wrote to the Earl of Southampton about a plan for +"winning the forest" by running a pale between Martin's Hundred on the +James River and Cheskiack on the York. Again in 1624 the suggestion was +made to the royal commissioners who were sent over by the King to +determine the most suitable places for fortification. To effect the +construction of this palisade, the General Assembly in 1633 offered land +as an inducement to settle between Queen's Creek and Archer's Hope +Creek, promising fifty acres and a period of tax exemption to freemen +who would occupy the area of Middle Plantation, later Williamsburg. In +February, 1633, the order was issued for a fortieth part of the men in +the "compasse of the forest" between the two previously mentioned creeks +and Chesapeake Bay to meet at Dr. John Pott's plantation at the head of +Archer's Hope Creek for the purpose of erecting houses to secure the +neck of land known as the Peninsula. With this encouragement by the +Assembly, a palisade six miles in length was completed, running from +Queen's Creek to Archer's Hope Creek and passing through Middle +Plantation. Houses were constructed at convenient distances, and a +sufficient number of men were assigned to patrol the line of defense +during times of imminent danger. By setting off a little less than +300,000 acres of land, this palisade provided defense for the new +plantations between the York and James rivers and served as a +restraining barrier for the cattle of the colony. + +Granting of land was again used on a large scale for the establishment +of forts after the Indian massacre of 1644. By order of the Assembly in +1645 blockhouses or forts were established at strategic points: Fort +Charles at the falls of the James River, Fort Royal at Pamunkey, Fort +James on the ridge of Chickahominy on the north side of the James, and +in the next year Fort Henry at the falls of the Appomattox River. The +maintenance of these forts involved considerable expense, more than the +officials of the colony wished to drain from the public treasury. +Therefore, they decided to grant the forts with adjoining lands to +individuals who would accept the responsibility of their upkeep as well +as the maintenance of an adequate force for defense. Fort Henry, located +at present-day Petersburg, was granted to Captain Abraham Wood with 600 +acres of land plus all houses, edifices, boats, and ammunition belonging +to the fort. Wood was required to maintain and keep ten persons +continuously at the fort for three years. During this time he was +exempted from all public taxes for himself and the ten persons. Upon +similar terms Lieutenant Thomas Rolfe, son of Pocahontas and John Rolfe, +received Fort James and 400 acres of land; Captain Roger Marshall, Fort +Royal and 600 acres. Since there was no arable land adjoining Fort +Charles at present-day Richmond, other inducements were made for its +maintenance. These forts served as the first line of defense against +possible attacks by the natives. Being the center of the varied +activities of the frontier, they also were the starting point for +expeditions against the Indians and became the center of trade for the +outlying regions. + +The fourth condition for granting of land--the headright--was by far the +most important and became the principal basis for title to land in the +seventeenth century. Its origin goes back to "the greate charter" of +1618 in which the following provision was included: + + That for all persons ... which during the next seven years after + Midsummer Day 1618 shall go into Virginia with intent there to + inhabite If they continue there three years or dye after they are + shiped there shall be a grant made of fifty acres for every person + upon a first division and as many more upon a second division (the + first being peopled) which grants to be made respectively to such + persons and their heirs at whose charges the said persons going to + inhabite in Virginia shall be transported with reservation of twelve + pence yearly rent for every fifty acres to be answered to the said + treasurer and company and their successors for ever after the first + seven years of every such grant. + +Under these provisions of "the greate charter," it is evident that not +only was the headright grant of fifty acres per person open to +shareholders who brought settlers to the colony, but also to anyone who +had migrated to the colony at his own expense or who had financed the +expedition of other persons. Individuals paying their own transportation +were entitled to fifty acres for themselves and for every member of the +family, providing they fulfilled the residence requirement of three +years. + +Governors under the company issued patents based on the headright until +dissolution by the crown in 1624. Beyond that time the status of the +headright was uncertain. The "charter" of 1618 had specified a term for +this right for seven years ending on Midsummer Day of 1625. After this +term expired, royal governors continued to honor headright claims based +on immigration, although no direct authorization for such action had +come from the crown. Therefore, the issuance of these claims after 1625 +was based primarily on custom, brief as it was, until more direct +instructions were issued to Governor John Harvey in 1634 following the +proprietary grant of Maryland in 1632. + +The Maryland grant enhanced the concern of the Virginia inhabitants +about their title to land, and correspondence conducted by Governor +Harvey finally brought forth a statement from the Privy Council. +Apprehension over Maryland led to assurance of the headright for +Virginia as the Privy Council issued the following dispatch of July 22, +1634, to the Governor: + + We have thought fit to certify you that his Majesty of his royal + favor, and for the better encouragement of the planters there doth + let you knowe that it is not intended that the interestes which men + had settled when you were a corporation should be impeached; that + for the present they may enjoy their estates and trades with the + same freedom and privileges as they did before the recalling of + their patents: To which purpose also in pursuance of his Majesty's + gracious intention, wee doe hereby authorize you to dispose of such + proportions of lands to all those planters beeing freemen as you had + power to doe before the yeare 1625. + +With this explicit royal endorsement of land patent principles followed +under the company and confirmation of the headright, Governor Harvey +modified the wording in the patents and adopted the following form +illustrated in a grant of 2,500 acres to Captain Hugh Bullocke: + + _To all to whome these prsents. shall come_, I Sr. John Harvey Kt. + Governr. and Capt. Generll. of Virginia send greeting in our Lord + God Everlasting. + + _Whereas_ by letters pattents bearing date the twoe and twentieth + of July one thousand six hundred thirtie fower from the Rt. Honble. + the Lords of his Majties. most Honoble. Privie Councell their + lordshipps did authorize the Governr. and Councell of Virginia to + dispose of such pportions of land to all planters being freemen as + they had power to doe before the yeare 1625, whene according to + divers orders & constitutions in that case provided and appointed + all devidents of lands any waies due or belonging to any + adventurers or planters of what condicon soever were to bee laid + out and assigned unto them according to the severall condicons in + the same menconed. + + _Now Know Yee_ therefore that I the said Sr. John Harvey doe, with + the consent of the Councell of State give and graunt unto Capt. + Hugh Bullocke and to his heires and assignes for ever by these + prsents + + Twoe thousand five hundred and fiftie acres of land, scituate, lying + & being from the runn that falleth downe by the eastern side of a + peece of land knowne by the name of the Woodyard and soe from that + runn along the side of the Pocoson (or great Otter pond soe called) + northwest and about the head of the said Otter pond back southeast + leaveing the Otter pond in the middle. + + _To have and to Hold_ the said twoe thousand five hundred and + fiftie acres of land with his due share of all mines and minneralls + therein conteyned and with all rights and priviledges of hunting, + hawking, fishing and fowling, wth in the prcincts of the same to + the sole and pper use benifitt and behoofe of him the said Capt. + Bullocke his heires and assignes for ever. + + In as large and ample manner to all intents and purposes as is + expressed in the said orders and constitutions, or by consequence + may bee justly collected out of the same or out of his Majties. + letters pattents whereon they are grounded. + + _Yielding and paying_ for every fiftie acres of land herein by + these presents given and graunted yearely at the feast of St. + Michaell the Archangell [September 29], the fee rent of one + shilling to his Majties. use. + + _Provided always_ that [if] the said Capt. Hugh Bullock, his heires + or assignes shall not plant or seate or cause to bee planted on the + said twoe thousand five hundred & fiftie acres of land wth in the + time and terms of three yeares now next ensuing the date hereof, + that then it shall and may bee lawfull for any adventurer or + planter to make choice and seate upon the same. + + _Given_ at James Citty under my hand and sealed with the seale of + the colony the twelfth day of March one thousand six hundred + thirtie fower [o.s.] & in the tenth year of our Soveraigne Lord + King Charles &c. + +Use of the headright had been adopted by the company as an expedient to +increase population of the colony and to encourage immigration without +further expenditure from the company treasury. The practice continued +with the fifty acres of land granted to the persons who financed the +transportation of the immigrant, but the grant itself was not valuable +enough to compensate for the expense involved. Therefore, with +increasing frequency the system of indentured servitude was used whereby +the immigrant agreed to an indenture or contract to work a certain +number of years as additional payment for his transportation. This +system, in general, proved advantageous to both the master and the +servant, to the colony by providing additional immigrants, and to +England by serving as a vent for surplus population. + +Indentured servants were not slaves but were servants during the +specified period of the contract. While the laws of the time did make a +distinction in the severity of the penal code as applied to servants and +to freemen, still indentured servitude did not have the stigma of +bondage or slavery; and many servants upon completion of their term of +service rose to positions of social and political prominence in the +history of the colony. In 1676 the Lords of Trade and Plantations +expressed concern over the use of the word "servitude" because of the +implications of slavery, and they preferred "to use the word service, +since those servants are only apprentices for years." + +At the expiration of the term of service, the servants usually received +equipment and supplies necessary to start them as freemen. They +received grain enough for one year, clothes, and in some cases a gun +and a supply of tools. As to receipt of land, the policy varied from +one colony to another, and at times there was uncertainty within one +colony about obligations to freedmen. In Virginia the indentured +servant did not usually receive land at the end of service unless he +had insisted, as John Hammond in _Leah and Rachel_ had advised, that a +specific provision be included in the contract to include the award of +fifty acres as "freedom's dues." There are some cases in which the +provision for land was included as illustrated in one of the earliest +indentures known to exist for Virginia. This indenture of September 7, +1619, was made between Robert Coopy of North Nibley in Gloucestershire +with the associates of Berkeley Hundred. Coopy agreed to work three +years in Virginia and submit to the government of the hundred in return +for which the owners were to transport him to Virginia and "There to +maintayne him with convenient diet and apparell meet for such a +servant, and in the end of the said terme to make him a free man of the +said cuntry theirby to enjoy all the liberties, freedomes, and +priviledges of a freeman there, and to grant to the said Robert thirty +acres of land within their territory or hundred of Barkley...." + +The confusion over the question whether the indentured servant was +entitled to fifty acres of land upon expiration of his service extended +to the mother country. There was a widespread belief in England that +such was the case, and there were indefinite statements in commissions +and instructions to the Governors that left the matter in doubt. In +practice in Virginia, however, it is certain that the fifty acres under +the headright claim went to the person transporting indentured servants, +not to the servants themselves. Only where the contract specifically +stated that the servant was to receive fifty acres was he assured of +this grant. + +Under the company there had been definite provisions that the fifty +acres went to the persons transporting servants, not to the servants +themselves. After its dissolution, Governors were instructed to follow +the rules of the "late company," and this continued until there was a +variation in Sir Francis Wyatt's commission of 1639 authorizing the +Governor and the Council to issue grants to adventurers and planters +"According to the orders of the late company ... and likewise 50 acres +of land to every person transported thither ... until otherwise +determined by His Majesty." Did "to every person" mean that the servant +was entitled to land? Such was the case across the Potomac in Maryland +where the servant could claim fifty acres from his employer or master +until 1646; after 1646 and until 1683 the proprietor provided land for +the servant. If such were intended, it was not followed and the +intentions were far from clear in the later commission to Sir William +Berkeley in 1642. In addition to assigning land for "adventurers of +money" and "transportation of people," the commission authorized the +Governor and Council to grant "fifty acres for every person transported +thither since Midsummer 1625, and ... continue the same course to all +persons transported thither until it shall otherwise be determined by +His Majesty." The loose use of the terminology "to" and "for" recurred +in subsequent years and again reflected the lack of precision in this +matter as well as the seeming misapprehension in England that the +servant was entitled to a fifty-acre grant. Under the articles of the +treaty of 1651 between Virginia and the commissioners of the +Commonwealth, the reversion to the term "for every person" was made and +the policy of no land to servants was implicit in the sixth article of +the agreement: "That the priviledge of haveing fiftie acres of land for +every person transported in the collony shall continue as formerly +granted." + +Even though servants were not granted land by the colony at the +expiration of their service, a substantial number soon became +landowners. The exact proportion of servants that became landholders +after 1624 cannot be determined in the absence of a complete census. +However, an examination of the land patents and the list of headrights +makes possible some estimate of the percentage of landholders that had +once been indentured servants. The conclusions cannot be final and are +subject to limitations. Identification presents a problem because of the +frequency of the same name as Smith or Davis and because of the omission +of middle names. The problem is further complicated by the fact that +headrights were often transferred by sale. A person entitled to a +headright claim on the frontier may not have wished to settle there; +rather he may have preferred to sell his headright claim and purchase +land in an established county. As a result of the sale of his headright +claim, his name may have appeared in the headright list as the basis for +the claim for someone else even though he had not been an indentured +servant. Therefore, all persons so listed under the headright claim +cannot be considered indentured servants. + +Fully aware of the limitations just suggested and equally conscious +that estimates in the absence of more complete records cannot be final, +Professor Thomas J. Wertenbaker in his _Planters of Colonial Virginia_ +summarized his analysis of patents and concluded that both before 1635 +and in the following two or three decades, thirty to forty per cent of +the landholders of Virginia came to the colony as indentured servants. + +Professor Wertenbaker also indicated general agreement with conclusions +drawn by William G. Stanard about the proportion of immigrants that +were indentured servants. From an analysis of the patent rolls from +1623 to July 14, 1637, printed in the April, 1901, issue of the +_Virginia Magazine of History and Biography_, Stanard estimated that +seventy-five per cent of immigrants from 1623 to 1637 were imported +under term of the indenture. Out of 2,675 names on the rolls, 336 +entered as freemen at their own cost and an additional 245 persons were +believed for the most part to be of the same status although there was +some uncertainty about this group. Transportation expenses were paid by +others for 2,094. From these numbers, the conclusion was reached that +675 persons on the patent rolls were freemen, including women and +children; the remaining 2,000 were servants and slaves, the latter in +very small number at this time. Thus the analysis roughly confirms the +conclusion that three-fourths of the immigrants during this period were +indentured servants. + +Use of the headright system for distribution of land had a close +correlation with expanding population, for it was hoped that the +increase of population would keep pace with the acquisition of private +title in the soil. As the seventeenth century progressed, there were +many abuses and evasions of the system; and by the end of the period its +significance declined in favor of acquisition of title by purchase, or +the "treasury right." To understand the various deviations from the +system, it will be helpful to review the steps by which title to land by +headright was obtained. + +The first step involved the proving of the headright by the claimant +appearing before either a county court or the Governor and Council and +stating under oath that he had imported a certain number of persons +whose names were listed. The clerk of the court issued a certificate +which was validated in the secretary's office. Authorization for the +headright was then passed on to a commissioned surveyor who ran off +fifty acres for each person imported and located the grant in the area +selected by the claimant as long as the land had not already been +patented and had not been barred for white settlement in order to +maintain peace with the Indians. Upon completion of the survey and of +marking the boundaries, a copy of the record along with the headright +certificate was presented to the secretary's office where a patent was +prepared and a notation made of those imported. The final step was the +signing of the patent by the Governor in the presence of, and with the +approval of, the Council. + +One deviation from the spirit of the law of the headright involved +claims based upon the person being imported into the colony more than +once. For example, John Chew in 1637 received 700 acres, using his own +transportation in 1622 and 1623 as the basis for the claim to 100 acres +in the grant. Carrying this practice to a greater extreme, Sarah Law +received a grant for 300 acres of land based upon the fact that she had +imported John Good, probably a sailor, six times. + +On a larger scale, ship masters submitted lists for headright claims +which in actuality contained the roster of both the sailors of the ship +and the passengers. In neither case should the right have been +acknowledged, for the sailors were under agreement to continue service +at sea and the passengers had paid their own transportation to the +colony. But the lax administration of the system usually permitted +approval of such applications, and the ship master therefore found +himself with headright certificates which he could sell to others for +whatever price he could wangle. This practice was sometimes repeated by +the same unscrupulous ship master who was aided in the irregular +procedure by the failure of the clerks of the secretary's office to make +careful checks of lists submitted, and also by the fact that he could +present his lists to a different county court when importing the same +sailors for the third or fourth time. + +Like the ship master, the sailor engaged in falsifying the record by +swearing that he had imported himself and sometimes others at his own +expense. Patents were obtained on the basis of the headright. Philip A. +Bruce concluded that the land obtained in Virginia by mariners was "very +extensive." To substantiate this general statement, he referred to +powers of attorney found in the county court records, authorizing an +agent in Virginia to handle the estates of the mariner. In the records +of Rappahannock County for 1668 is an example of the practice, in which +Thomas Sheppard of Plymouth, England, designated William Moseley to +handle his interest in 150 headrights which he claimed for importing 150 +people to Virginia. It was likely in this case that duplicate claims +were issued, either to the individual if he paid his own transportation +or to some master if the immigrant became an indentured servant. In some +instances, as many as three or four claims were made for one +importation: one for the ship master, one for the merchant who acted as +middle-man in purchasing the service of the immigrant, one for the +planter who eventually purchased the indentured servant, and less often +one for a second planter who may have joined with the first in obtaining +the services of the imported person. + +As abuse of the system increased, headright lists sometimes included +fictitious names or in some cases names copied from old record books. +The final stage in irregular procedure was reached when the clerks in +the office of the secretary of the colony sold the headright claim to +persons who would simply pay from one to five shillings. The exact date +at which this practice began has not been determined, but it was +prevalent sometime before 1692. Francis Nicholson reported to the Board +of Trade that while serving as Governor of Virginia from 1690 to 1692, +he had "heard" that the sale of rights by the clerks in the secretary's +office was "common practice." Another report to the Board in 1697 +described the clerks as being "a constant mint of those rights." + +The combined variations in the operation of the headright system +resulted in the distortion, if not destruction, of its original +concepts. The system continued to bring immigrants into the colony which +had been a very important purpose when inaugurated. But the abuses threw +out of balance the relation between patented land and the number of +people in the colony; and furthermore through perversion of the system, +speculation in land was not prevented and there resulted large areas of +wholly uncultivated and uninhabited lands to which title had been +granted. The headright was also originally intended to apply to +inhabitants of the British Isles, but by the middle of the seventeenth +century the names of persons imported from Africa appeared occasionally +as the basis for headright, and by the last decade of the century they +were frequently found. + +The distortion of the headright system was done with considerable public +approval and in some ways reflected the evolution of economic +development that seemed to demand a more convenient and less expensive +method for obtaining title to large areas of unoccupied land. As the +population of the colony increased and as the labor supply became more +plentiful, there was a rather widespread demand to be able to obtain +additional land, particularly adjacent undeveloped tracts, without +having to import an additional person for every fifty acres. Partly +through this demand, impetus was given to the custom, which was not at +first sanctioned by law, to permit the granting of patents by simply +paying a fee in the secretary's office. + +While the headright system was designed to maintain some proportion +between the population of the colony and the amount of land patented, it +was also designed to stimulate the migration of immigrants to the +colony. Therefore, under the system it was possible for individuals who +would engage in transporting or financing the transportation of +immigrants to obtain large areas of land. This trend was started under +the company; and in the four years prior to 1623, forty-four patents of +5,000 acres each were awarded to persons who were to transport at least +100 immigrants to the colony. In 1621, for example, 5,000 acres were +granted to Arthur Swain and Nathaniel Basse and a similar grant to +Rowland Truelove and "divers other patentees" each grant to be based on +the transportation of 100 persons; 15,000 acres were to go to Sir George +Yeardley for engaging to transport 300 persons. + +For the years following the dissolution of the company, valuable +information of the nature and size of land grants can be found in the +"Virginia Land Patents" which fortunately have survived the usual +hazards of fire and carelessness. The two following tables (Tables I +and II) have been compiled from the analysis of the land patents by +Philip A. Bruce and summarized in his _Economic History of Virginia_ +(volume I, pages 528-532). + + I. TABLE SHOWING SIZE OF LAND GRANTS FROM 1626 TO 1650 + BASED ON THE RECORD OF VIRGINIA LAND PATENTS + + Year or years Average grant for Largest grant for + the period the period + + 1626-1632 100-300 acres 1,000 acres + 1634 719 acres 5,350 acres + 1635 380 acres 2,000 acres + 1636 351 acres 2,000 acres + 1637 445 acres 5,350 acres + 1638 423 acres 3,000 acres + 1640 405 acres 1,300 acres + 1641 343 acres 872 acres + 1642 559 acres 3,000 acres + 1643 595 acres 4,000 acres + 1644 370 acres 670 acres + 1645 333 acres 1,090 acres + 1646 360 acres 1,200 acres + 1647 361 acres 650 acres + 1648 412 acres 1,800 acres + 1649 522 acres 3,500 acres + 1650 677 acres 5,350 acres + +II. TABLE SHOWING SIZE OF LAND GRANTS FROM 1650 TO 1700 + BASED ON THE RECORD OF VIRGINIA LAND PATENTS + + Period of years Average grant for Number of largest grants + the period for the period + + 1650-1655 591 acres 1,000- 2,000 acres ( 92) + 2,000- 5,000 acres ( 41) + 5,000-10,000 acres ( 3) + 1655-1666 671 acres 1,000- 2,000 acres (252) + 2,000- 5,000 acres (147) + 5,000-10,000 acres ( 20) + 1666-1679 890 acres 1,000- 2,000 acres (220) + 2,000- 5,000 acres (154) + 5,000-10,000 acres ( 25) + 10,000-20,000 acres ( 12) + 1679-1689 607 acres 1,000- 2,000 acres (143) + 2,000- 5,000 acres ( 66) + 5,000-10,000 acres ( 17) + 10,000-20,000 acres ( 2) + 1689-1695 601 acres 1,000- 2,000 acres ( 63) + 2,000- 5,000 acres ( 23) + 5,000-10,000 acres ( 7) + 1695-1700 688 acres 1,000- 2,000 acres ( 14) + 2,000- 5,000 acres ( 13) + 5,000-10,000 acres ( 7) + 13,400 acres ( 1) + + [Note: In compiling this table, two changes have been made to + correct what seems clearly to be errors in Bruce's description. + Forty-one grants were listed for 2,000-5,000 acres from 1650-1655 + rather than forty-one grants of 1,000-5,000 acres as noted by Bruce. + The date 1685 listed in Bruce has been changed to 1689 to give the + proper time period of 1689-1695.] + +For the period from 1634 to 1650 included in Table I, there were +occasional grants of 5,000 acres, but the average size of the patents +for the period was not over 446 acres. It was possible, of course, for +one individual to build up a large landed estate by putting together +several smaller grants; and this was done by a limited number of persons +during the seventeenth century in Virginia as will be discussed later. +There was also the possibility that grants of considerable size in the +original patent might be broken up and distributed to others in smaller +amounts. In any case, the second half of the century as reflected in the +land patents saw a moderate increase in the size and number of large +grants as the population increased, and the average size for the land +patent of this period was 674 acres, an increase of 228 acres over the +period prior to 1650. + +While the second half of the century witnessed this increase, much of it +came during the third quarter of the period. Near the end of the century +there was a definite trend to break up some of the larger patents into +smaller landholdings by sales to servants completing their indenture, by +distribution of land to children, or by sale because of an inadequate +labor supply either of slaves, indentured servants, tenant farmers, or +wage earners. + +The existence of the small farm and the small farmer as a major part of +the socio-economic system of Virginia at the end of the seventeenth +century has been well established. Professor Wertenbaker suggested that +"a full 90 per cent of the freeholders" at the time the rent roll was +compiled in 1704/05 included the "sturdy, independent class of small +farmers." Through examination of land patents, land transfers, tax +rolls, and a sampling of other county records, he found substantial +evidence to corroborate the suggested trend of the breakup of a number +of large patents and their distribution to small freeholders. +Illustrative of this development was the land known as Button's Ridge in +Essex County. Originally including 3,650 acres, the tract was patented +to Thomas Button in 1666. The estate then passed first to the brother of +Button and later was sold to John Baker. Baker divided the large tract +and sold small amounts to the following people: 200 acres to Captain +William Moseley, 600 to John Garnet, 200 to Robert Foster, 200 to +William Smither, 200 to William Howlett, 300 to Anthony Samuell, and 200 +to William Williams. + +Professor Susie M. Ames in _Studies of the Virginia Eastern Shore in +the Seventeenth Century_ found evidence of the same trend by which +original land grants increased in size by the middle of the century and +reached its peak in the third quarter of the century. Near the end of +the period many of the larger tracts were being divided by wills +distributing them among children or by sales in smaller units. Much of +the land obtained by the first two generations on the Eastern Shore was +broken up into small holdings by the third. As stated by Professor +Ames, "It is the subtraction and division of acres, with only +occasionally any marked addition, that seems to be the chief +development in land tenure during the last quarter of the seventeenth +century." + +Even with the trend of dividing some of the large estates on the Eastern +Shore, a small per cent of the population held a considerable part of +the land. In 1703/04 the average size of landholding in Northampton +County was 389 acres, in Accomack 520 acres. When analyzed by use of the +list of tithables, Northampton County had twenty-one persons, only three +per cent of the tithables, holding thirty-nine per cent of the land; +Accomack County had a total of forty-six persons, only four per cent of +the tithables, holding forty-three per cent of the land. + +Considering all of Virginia of the seventeenth century, one cannot say +that it was primarily a land of large plantations, of cavaliers, and of +noble manors which have been romanticized by some writers. Yet there was +a significant number of prominent planters who took an active part in +the social and political life of the colony and exerted an influence +disproportionate to their ratio of the population. Professor Wertenbaker +listed the following men among the prominent planters of the first half +of seventeenth-century Virginia--George Menefie, Richard Bennett, and +Richard Kinsman; for the second half of the century, a more extensive +list--Nathaniel Bacon, Sr., Thomas Ballard, Robert Beverley, Giles +Brent, Joseph Bridger, William Byrd I, John Carter, John Custis I, +Dudley Digges, William Fitzhugh, Lewis Burwell, Philip Ludwell I, +William Moseley, Daniel Parke, Ralph Wormeley, Benjamin Harrison, Edward +Hill, Edmund Jennings, and Matthew Page. Members of this group +accumulated large landholdings, mostly by original patent through the +headright system or by private purchase from holders of original +patents. For example, William Byrd I had obtained 26,231 acres of land +at the time of his death; and William Fitzhugh acquired during his +lifetime 96,000 acres of land and left at the time of his death in 1701 +a little over 54,000 acres in family "seats" to five sons. + +The land system and its administration that permitted the accumulation +of a few of these substantial plantations came under detailed discussion +by crown officials near the end of the seventeenth century. Before +examining this analysis of Virginia land policy, it will be helpful to +survey in the following chapter the major laws and the officials +responsible for their administration. + + + + +CHAPTER FOUR + +Royal Administration of Land Policy + +Attempts at Reform + + +The issuing of land patents and the administration of laws concerning +land involved a variety of officials during the seventeenth century. +Under the company the authority to convey title to land rested after +1609 with the treasurer, the Council in London, and the association of +adventurers in England. The Governor and Council in the colony were +authorized as ministerial agents of the company to make grants, but +final approval was to be made at sessions of the quarter court of the +company in England. This last step, as previously noted, was seldom +completed. After dissolution of the company, the process of issuing +patents was simplified. Most grants were made under the headright claim +and followed the steps outlined in chapter three, involving the county +court, the secretary of the colony, the Governor and Council, and the +commissioned surveyors. + +The office of surveyor existed under the company and William Claiborne, +who came to the colony in 1621, was the first to fill the position +effectively. As surveyor, Claiborne received the annual wage of thirty +pounds sterling which was to be paid either in tobacco or some other +comparable commodity with a good price on the English market. Surveyor +Claiborne also had the use of a house constructed by the company as well +as receiving the necessary equipment and books needed for his work. + +Following the dissolution of the company in 1624, the office of +surveyor-general was established with a royal appointee who was charged +with the responsibility of maintaining the survey records and issuing +commissions to the surveyors of the colony. Some difficulty was +encountered in securing qualified and reliable men. This led during the +interregnum to a law in March, 1654/55, calling for the dismissal of +unqualified surveyors and placing the power of appointment in the hands +of the county court. After the restoration of Charles II to the throne, +the appointment of surveyors returned to the system of commissions from +the surveyor-general. + +The amount for surveyors' fees was designated by the legislature at +various times. Ten pounds of tobacco for every 100 acres was specified +in 1624; in 1642 and again in 1646 the fee limit was raised to twenty +pounds of tobacco for measuring 100 acres of land with an additional +allowance of twelve pounds of tobacco for each day that the task +required the surveyor to be away from his home. If his transportation +could be only by water, the person employing him was required to assume +the expense of travel both to and from the location of the survey. In +1661/62 the allowance for each day away from home was increased to +thirty pounds of tobacco; and by the same law the surveyor was +authorized the same limit of twenty pounds of tobacco for running off +100 acres if the total was greater than 500, otherwise he was to receive +a minimum of 100 pounds of tobacco. Efforts to obtain capable, honest, +and conscientious appointees continued to be a problem. The need for +better surveyors and the decline of the tobacco prices led the Assembly +to double the previous fees. In 1666 forty pounds of tobacco was +stipulated for surveying 100 acres if the total was for 1,000 acres. If +less than 1,000, the allowance was 400 pounds of tobacco. + +Commissioned surveyors were not at liberty to refuse reasonable requests +for surveys to be made, except in cases involving sickness or some other +impediment recognized as legal. The law of 1666 provided that anyone +violating this requirement was subject to a fine of 4,000 pounds of +tobacco; for charging excessive fees, the fine was 200 pounds of tobacco +that could be recovered in the Virginia courts. + +Gabriel Hawley, Robert Evelyn, Thomas Loving, Edmund Scarborough, and +Alexander Culpeper served as surveyor-general with the last named having +Philip Ludwell as his deputy. Upon the chartering of the College of +William and Mary surveyors were appointed by the institution, and the +appointees were required to contribute to the trustees of the college +one-sixth of the fees of the office. The trustees were permitted to +delegate the appointments. Consequently in 1692 they designated Miles +Cary as surveyor-general, who was instructed to make the selection of +surveyors with the aid of a committee named by the trustees. + +In addition to the fees of the surveyor, there were other charges that +were made from time to time in obtaining a patent in Virginia. Under the +company without a legal guide for the fees to be charged, the secretary +of the colony apparently demanded at times as much as twenty pounds of +tobacco or three pounds sterling when issuing a title for the individual +dividends of fifty or 100 acres. Leaders of the company considered this +fee unreasonable and took steps to prevent its collection. + +Following the dissolution of the company, the Assembly set the fees of +the secretary regarding land patents along with other authorized +charges. In 1632 the secretary collected thirty pounds of tobacco for +issuing a patent plus two pounds for each sheet required to record the +document. In 1633 the fee for patents by the secretary was designated as +fifteen shillings which could be collected either in tobacco or corn +according to current price. Ten years later in 1643 the fee for a patent +was again listed in terms of tobacco at fifty pounds with six pounds +allowed for each recorded sheet. In lieu of four pounds of tobacco, the +secretary was authorized to receive money at the rate of twelve pence +for every four pounds of tobacco. At the March session of the +legislature in 1657/58, the secretary's fees were further raised to +eighty pounds of tobacco for issuing and recording a patent; thirty +pounds was set as the fee for supplying a copy of the patent later; and +fifteen pounds of tobacco was authorized for providing a certificate for +land. These same fees of 1657/58 were repeated by law in 1661/62. + +The stamp of the seal of the colony was required during much of the +seventeenth century as the final step of approval for a patent, and +during most of the time no fee was charged for this. However, under the +governorship of Lord Howard which began in April, 1684, a charge of 200 +pounds of tobacco was ordered for use of the seal for patents as well as +all public documents such as commissions and proclamations. The proceeds +from this fee were used by the Governor and were estimated by William +Fitzhugh to equal 100,000 pounds of tobacco each year. However, such +strong opposition was raised to the charge that it was dropped after +1689. + +In addition to controversies over fees, there were many problems that +arose in seventeenth-century Virginia over surveys and the +identification of boundaries. Surveyors usually took the edge of a +stream, either a river or creek, as the base line of the survey and then +ran the boundaries for a specified distance along a line at right angle +to the base. Terminal points were laid out and witnessed by neighboring +owners with some distinguishing mark as a large stone or a tree with +three or four chops. In 1679 a question was called to the attention of +the Assembly as to the extent of the owner's rights along the water's +edge. The case arose over the complaint of Robert Liny that part of his +patent along the river had been cleared for fishing but the exercise of +his fishing rights had been hampered by trespassing individuals who +dragged their seines upon the river's edge, claiming that "The water was +the kings majesties ... and therefore equally free to all his majesties +subjects to fish in and hale their sceanes on shore...." In answer to +this complaint, the Assembly declared that the rights of the patent +holder extended into the stream as far as the low water mark, and any +person fishing or seining without permission within these bounds was +guilty of trespass. + +More frequently problems arose as a result of defective surveys either +in the first line along the edge of the stream or in a second and third +line of patents that were laid out when all land along the streams had +been occupied. Some of the surveys were inaccurate because of the lack +of graduation on the compass; others were distorted by careless +surveyors selecting convenient terminal points such as a tree, a road, +or another stream and ignoring the accurate measurement of the line. As +early as 1623/24, the Assembly ordered that individual land dividends be +surveyed and the bounds recorded; and in case serious disputes arose +over conflicting boundaries, appeal could be made to the Governor and +Council. In an effort to prevent the holder of patents from having to +pay for more than one survey of the same grant, the Assembly in 1642/43 +stated that surveys made by commissioned surveyors were considered valid +and bestowed full right of ownership without the necessity and expense +of new surveys. Such a provision did not, however, resolve the problem +that arose over errors made by commissioned surveyors, errors that may +have led a person in good faith to construct buildings on a plot that +was later determined to be a part of the patent of his neighbor. Several +cases having arisen over this situation, the Assembly in 1642/43 and +again in 1657/58 and 1661/62 provided that when one person had +unknowingly erected constructions on another person's land, the original +owner as shown by survey was to have the right to purchase the +improvements at a price fixed by a twelve-man jury. If the amount proved +too great for the original owner, then the person seating the land by +mistake was to have the option of purchasing the land at a price set by +the jury for its value before seating occurred. Beginning with the +1657/58 statement of the law, no consideration was to be given if +construction had been made after legal warning had been given to desist. + +Other legislation was designed to minimize the number of cases of this +type that would arise. One provision made in 1646 required the person +claiming to be the original owner of the land to file suit against his +encroaching neighbor within five years for removal; otherwise possession +of the land for five years without contest would prevent recovery by the +original claimant. The law exempted orphans from the above provision and +permitted them a five-year period after coming of age. A later enactment +in 1657/58 repeated the provision on orphans and added to the exemption +married women and persons of unsound mind. A second provision designed +to prevent quarrels among neighbors required a person holding patent to +land adjacent to a proposed grant to show the boundaries of his property +within twelve months; otherwise the latest grant as surveyed would be +valid and would take precedence over the old patent. + +But these various laws did not prevent "contentious suites" from arising +because of defective surveys when the lines were first run or because +the restriction against resurveys did not resolve the boundary disputes. +Conflicts continued if the surveyor had been negligent in marking +clearly the boundaries, or if lines had become indistinct by the chops +in trees filling out, by piles of stones being scattered, or by trees +being removed. To prevent "the inconvenience of clandestine surveigh," +the Assembly in 1661/62 enacted the law of processioning. By this +provision the members of each community were to "goe in procession" once +every four years to examine and renew, if necessary, the boundary lines. +Boundaries acknowledged by the procession as correct were conclusive and +prohibited later claims to change them. If controversy arose over the +line, the two surveyors accompanying the party were to run the line +anew, disputes were to be equitably settled, and the line so laid out to +be final. For administration of processioning, the county court was to +order the vestry to divide each parish into as many precincts as +necessary, and the time set in 1661/62 for processioning was between +Easter and Whitsunday (seventh Sunday or fiftieth day after Easter). The +time was changed in 1691 to the months from September to March as a more +convenient period. To assure enforcement of the law, provisions for +penalties were included--1,200 pounds of tobacco for any vestry not +ordering the processioning and 350 pounds of tobacco for individuals who +failed to participate without good reason. + +Still other problems concerning land patents related to two important +conditions stipulated for perfection of the title to land--the first, +"seating and planting," and the second, the collection of a quitrent. +With the exception of some of the early grants, the patents of +seventeenth-century Virginia required "seating and planting" of the +tract within three years. As shown in the form used by Governor William +Berkeley during the 1660's, if the patentee "His heirs or assignes doe +not seate or plant or cause to be planted or seated on the sayd land +within three years next ensueing, then it shall be lawful for any +adventurer or planter to make choyse or seate thereupon." The time limit +was extended as the exigency demanded. Because of losses from the Indian +massacre of 1644, of the shortage of corn, and of the need for +additional servants, the Assembly ruled that persons affected by the +massacre were permitted three additional years to comply with the +requirement for "seating and planting." Following the Indian +disturbances of Bacon's Rebellion, the time period for plantations that +were attacked was extended to seven years from the date the Assembly +passed the act in 1676/77. + +Generally speaking, however, the requirement for "seating and planting" +was not carried out effectively, and there was little forfeiture because +of noncompliance. In 1657/58 the Assembly recognized the right for +patents to be issued on order of the Governor and Council for land +"deserted for want of planting within the time of three yeeres." But +even if such forfeiture did occur, the original patent holder was +authorized to take up additional land elsewhere in the colony without +complying with the headright requirement. And it was not until 1666 that +the Assembly gave a definition for "seating and planting" in the +declaration that "Building an house and keeping a stock one whole yeare +upon the land shall be accounted seating; and that cleering, tending and +planting an acre of ground shall be accounted planting." Either one or +the other fulfilled the condition for the patent, and throughout the +seventeenth century there was no relation between the size of the tract +and the amount of improvement required. The minimum performance +satisfied the law. Therefore, either the building of a small cabin, +putting a few cattle or a few hogs on the tract for a year, or planting +as little as an acre of ground--any one of the three protected the +grant. + +For most of the patents issued, this requirement presented little +problem because the owner was interested in settling and improving his +holdings. Violation of the provision was most likely to come in the case +of land speculators who had taken up large tracts or in the case of +landholders who were interested in acquiring adjacent tracts for the +purpose of grazing or for forest supply. In the case of the latter, +there was some question whether the requirement applied to adjacent +tracts; but the Assembly in 1692 declared that tracts added to an +original patent must be seated and planted as the law provided for other +grants. + +To a considerable extent there was the same attitude toward the +requirement for "seating and planting" as has been noted previously for +obtaining patent by headright. Light regard for the spirit of the law +and at times the letter of the law came in part as a result of the +unlimited expanse of land that tempted the established settler as well +as the newcomer. Evasion of the law cast no stigma upon the offender, +and some who were aware of their neighbor's dereliction winked at the +action, thinking perhaps that they too might sometime engage in the same +practice. Furthermore, the necessity of the provision for "seating and +planting" which was well founded for the early years of the colony +decreased in significance as the population and occupied areas of +Virginia increased. + +The second condition for perfection of title to land--payment of a +quitrent--likewise had a checkered career in the seventeenth century. +Under the company there is some question whether quitrents were due. It +is clear that "the greate charter" of 1618 in order to encourage +immigration exempted for seven years settlers who were taking up land by +headright. For planters settled before 1616 at the expense of the +company, it seems that they would have been free of paying the quitrent +only for a seven-year period which would have required compliance before +dissolution of the company. Settlers who arrived in Virginia after +Dale's departure in 1616 and before 1618 would most probably have been +subject to the quitrent under the company since they were exempt for +only seven years. Whatever the case, there were rents to be collected +before 1624 as shown by the duties of George Sandys, younger brother of +Sir Edwin Sandys and first appointee to the office of treasurer in +Virginia. Sandys was instructed to collect some L1,000 owed the company +either as rent or as dues. + +When Virginia became a royal colony in 1624, the quitrents were then +payable at the rate of one shilling for every fifty acres patented. For +1631 the estimate was made by the Assembly that the quitrents would +bring in as much as 2,000 pounds sterling, if paid. But little effort +was being made to collect the rent and it was not until 1636 that Jerome +Hawley was appointed treasurer. His arrival in the colony the following +year initiated plans for collection. Proceeds from this source of +revenue were to be used for the treasurer's salary; any surplus amount +was to be used at the discretion of the Assembly. In order to determine +who owed the rent, instructions were issued to landholders in Virginia +to show their land titles to the treasurer in order that he could +compute the rents that were due. But little action was taken and it +seems certain that not enough was collected to pay the salary of the +treasurer. In 1639 additional provisions were stipulated by the Assembly +to tighten the quitrent collection by requiring landholders upon summon +by warrant to reveal their title and the size of their estates to +commissioners of the county courts. Following the precedent of "the +greate charter" of 1618, no rents were to be paid until the expiration +of seven years. This provision continued in effect under Charles I and +during the interregnum, but the time limit was retracted in the +instructions to Governor William Berkeley under Charles II. The +retraction was confirmed under James II, the major reason being that it +encouraged individuals to take up larger areas of land than they were +able to cultivate. + +Collection of quitrents, however, continued to lag and around 1646 no +more than 500 pounds sterling was being collected. The treasurer +appealed to the Assembly which acknowledged that "There is and hath been +great neglect in the payment of the quitt rent." Consequently the +Assembly in 1647 authorized the treasurer to levy a distress upon the +property of delinquent taxpayers. The delinquent was permitted, if +providing security, to retain his goods under replevin and to have a +hearing before either a county court or the Governor and Council for +final disposition of the case. Such a measure, however, was not +effective against land not seated and planted, for the land itself was +not to be seized; and a similar handicap prevailed against absentee +owners as far as action by the treasurer was concerned. + +Assistance in collection of quitrents was provided by the sheriff who +was designated as the recipient of payments for each county with the fee +of ten per cent of the collections being allowed him. Using the patent +rolls of his office, both past and current, as a guide, the sheriff +collected the rent and turned it over to the auditor of the colony. The +rent was received either in coin or in tobacco as the law provided from +time to time. In 1661, for example, persons unable to pay in coin were +permitted by law to pay in tobacco at the rate of two pence per pound. +But there was considerable controversy over the nature of the payment, +and King James II ordered the repeal of the earlier act because of the +poor quality of tobacco being submitted. After the overthrow of the King +in 1688/89, the collection of quitrents continued for the most part in +tobacco at the rate of one penny per pound. + +In 1671 the privilege of collecting and using the quitrents was granted +to Colonel Henry Norwood, who had supported faithfully the King and the +royal cause during the civil war. Two years later the quitrents were +given to Lords Arlington and Culpeper, including collections that might +be made of rents in arrears. Protests from Virginia of these grants +forced the revocation of the special gifts in 1684, although Culpeper +retained the right to the quitrents in the Northern Neck. + +Collection of quitrents at various times was farmed out to members of +the Council and to the Governor, with the Councilor concerned usually +taking the counties near his own residence. In 1665, for example, +Governor William Berkeley assumed the collection in James City and Surry +counties; Colonel Miles Cary, in Warwick and Elizabeth City counties; +Nathaniel Bacon, Sr., for York County, the Isle of Wight, and the +southern part of New Kent; and similar designations for other members of +the Council. In 1699, however, the Council ordered William Byrd, auditor +of the colony, to sell the quitrents of each county to any individual at +the price of one penny per pound of tobacco and on the condition that +the usual payment would be made to the sheriff for receiving the rent. + +While some improvement was made in the last half of the seventeenth +century in the collection of quitrents, the sum was never very great; +and according to one report in 1696 no land had been taken over by the +colony because of failure to pay the rent. As to the amount being +collected near the end of the century, the figure was not impressive. +For the period of six years between 1684 and 1690, the estimate has been +made that receipts totalled L4,375 13s. 9d. or a little over L700 as an +average for each year during this period. The figure was little changed +near the end of the century, for it was reported in 1697 that the amount +collected from quitrents did not total more than L800. + +These weaknesses and abuses of the Virginia land system underwent a +detailed analysis near the end of the seventeenth century by the newly +created agency--the Lords Commissioners of Trade and Plantations which +was commonly known as the Board of Trade. During the first year of its +organization in 1696 the Board received a report from Edward Randolph, +sent from England to be surveyor-general of customs in America. Randolph +pondered the question as to why the colony of Virginia was not more +densely populated with all of the migration that had occurred. He +attributed little importance to the imputation of "the unhealthiness of +the place" and to the assertion that tobacco sales yielded little return +in England after all fees were paid. In an incisive statement he +concluded that + + ... the chief and only reason is that the inhabitants have been and + still are discouraged and hindered from planting tobacco in that + colony; and servants are not so willing to go there as formerly + because the members of Council and others who make an interest in + the government have from time to time procured grants of very large + tracts of land, so that for many years there has been no waste land + to be taken up by those who bring with them servants, or by servants + who have served their time. But the land has been taken up and + engrossed beforehand, whereby such people are forced to hire and pay + rent for lands or to go to the utmost bounds of the colony for land + exposed to danger.... + +Randolph then reviewed the steps by which a land patent was obtained and +analyzed the conditions which a person was supposed to fulfill in order +to obtain the land title in fee simple. The first of these was the +requirement for the annual quitrent of one shilling for fifty acres; but +according to Randolph, the colonists "never pay a penny of quit-rent to +the King for it, by which in strictness of law their land is forfeited." +The second requirement was for seating the land within three years to +prevent it from being relinquished as deserted land. The following +description was given of this condition: + + By seating land is meant that they build a house upon and keep a + good stock of hogs and cattle, and servants to take care of them and + to improve and plant the land. But instead thereof, they cut down a + few trees and make thereof a hut, covering it with the bark, and + turn two or three hogs into the woods by it. Or else they are to + clear one acre of that land and plant and tend it for one year. But + they fell twenty or thirty trees and put a little Indian corn into + the ground among them as they lie and sometimes make a beginning to + serve it, but take no care of their crop, nor make any further use + of the land. + +The third condition pertained to the keeping of "four able men well +armed" on land that was situated on the frontier of the colony. Again +Randolph reported that + + ... this law is never observed. These grants are procured upon such + easy terms and very often upon false certificates of rights. Many + hold twenty or thirty thousand acres of land apiece, very largely + surveyed, without paying one penny of quit-rent for it. In many + patents there is double the quantity of land expressed in the + patent, whereby some hundred thousand acres of land are taken up but + not planted, which drives away the inhabitants and servants brought + up only to planting to seek their fortunes in Carolina and other + places, which depopulates the country and prevents the making of + many thousand hogsheads of tobacco, to the great diminution of the + revenue. + +Three proposals were submitted to the Board of Trade by Randolph to +correct the evils of the land system: first, order a survey in every +Virginia county of the lands in question; second, demand full payment of +all quitrents in arrears and use legal compulsion to collect them; and +third, limit grants to 500 acres for one man and have them issued on +"more certain terms." Such requirements would produce threefold +advantages to the crown and the colony. They would either bring in +additional revenue by collection of the quitrent; or if payment were not +made, approximately 100,000 acres of land would revert to the King and +could be granted to new settlers. Limitation of grants to 500 acres +would increase the number of planters, make settlements more compact, +and produce more tobacco. And finally, both trade and the customs +collection on tobacco would be enhanced. + +Before concluding his report, Randolph acknowledged both the awareness +of the problem and the efforts of correction initiated by Francis +Nicholson while Lieutenant-Governor of Virginia from 1690 to 1692. +Nicholson was + + ... very sensible of the damage and injustice done to the crown by + their using and conniving at such unwarrantable practices in + granting away the King's lands, and was resolved to reform them by + suing some of the claimers for arrears of quit-rents; but finding + that the Council and many of the Burgesses, among others, were + concerned, and being uncertain of his continuing in the government, + he ordered to begin with Laurence Smyth, who was seised of many + thousand acres of land in different counties, and for one particular + tract of land was indebted L80 for arrears of quit-rents, which sum + after the cause was ripe for judgment, was compounded for less than + one half. + +Before the year was out, the Board of Trade sought more information on +this problem and directed a series of searching questions in October, +1696, to Randolph who had then returned to England. Both the questions +and the answers are recorded in the _Calendar of State Papers, Colonial +Series, America and West Indies_, 1696-1697 (pages 172, 188-89). Out of +the ten questions asked, the following seem most significant in +revealing Randolph's evaluation of the Virginia land system. + + What proportion of land in Virginia already taken up is now + cultivated as near as you can judge? + + There is in Virginia, at a moderate computation, about 500,000 acres + granted by patents, of which not above 40,000 acres are cultivated + and improved; besides many thousand acres of waste land high up in + the country. + + Why have not the prosecutions, neglected in Colonel Nicholson's + time, been continued since? + + Colonel Nicholson was the first Governor of Virginia who directed + prosecutions for arrears of quit-rents, beginning with Colonel + Laurence Smith. The case was ready for trial but the Governor came + to England, and the case was afterwards compounded for a small + matter. + + Have any parcels of land been seized for the King's use, for want of + planting or failure to pay quit-rents? + + Small parcels of land are granted away every court for not being + planted or seated according to law, but no land has at any time been + seized to the King's use for not paying of quit-rents. + + Are negro servants included in the persons who, if imported, make + "rights" to grant of land. [?] + + Negro servants give a right to land to those who import them, who + thereupon take up land, contrary to the true intention of seating + the country; but the practice being general, to the advantage of + certain persons, no notice is taken of it. + + Have you ever known of false certificates of rights, and how have + the parties guilty thereof been punished? + + I have heard of many false certificates of rights; the practice is + common but little regarded, being of no prejudice to any private + person. + + If your methods be followed, in what county should a beginning be + made? + + ... if my proposals were adopted, I answer that the members of + Council have large tracts of land in most of the counties, for which + they are in great arrears of quit-rent. It is advisable to make a + beginning with some of them and to empower a person uninterested in + the county to demand the arrears due to the King. These will amount + to a considerable sum and will increase the King's revenue in + Virginia yearly. If the patentees refuse to pay the arrears, some + hundred thousand acres of land will revert to the crown, to be more + carefully disposed of in future. + +The Board of Trade continued the search for additional opinions about +the land system in Virginia. Questions were asked individually of Henry +Hartwell, a Councilor of Virginia, and Edward Chilton, Attorney-General +in Virginia from 1691 to 1694. Then Hartwell and Chilton collaborated +with James Blair, Councilor and Commissary of the Anglican Church in +Virginia, in preparing a report that was received by the Board in +October, 1697, under the title _An Account of the Present State & +Government of Virginia_. The three authors of the report were English +or Scottish born and represented essentially the same point of view of +royal appointees who became residents of the colony and who favored an +extensive use of royal authority. All three had married into Virginia +families and had had numerous occasions for observation. The report +reflected a greater concern for royal revenue than for the internal +development of the colony, and it definitely displayed the bias of the +three men, particularly Blair, against Governor Andros. + +Their comments on the land system confirmed some of the conditions as +set forth by Randolph's report. Stating that the country was "ill +peopled" despite the headright system, they explained that "The first +great abuse of this design arose from the ignorance and knavery of +surveyors, who often gave out drafts of surveys without even coming on +the land. They gave their descripton [sic] by some natural bounds and +were sure to allow large measure, that so the persons for whom they +surveyed should enjoy much larger tracts than they paid quit-rents +for." The issuing of certificates for rights by the courts and +secretary's office had been abused, especially the latter "which was +and still is a constant mint of those rights, where they may be +purchased at from one shilling to five shillings _per_ right." And in +another criticism of the land system, the authors concluded that the +"Fundamental error of letting the King's land run away to lie waste, +together with another of not seating in townships, is the cause that +Virginia to-day is so ill peopled." + +The Board of Trade considered reforms to correct the existing evils of +the land system. Questions about these evils were posed to Sir Edmund +Andros, Governor of Virginia from 1692 to 1698; but his answers were +either evasive or otherwise unsatisfactory. Francis Nicholson was then +returned to the colony as Governor in 1698 with instructions for a "new +method of granting land in Virginia." To prevent land from being +patented without being cultivated, to encourage trade, and to increase +royal revenue, land title was not to be obtained "by merely importing or +buying of servants"; rather anyone who would seat and plant vacant lands +was to receive 100 acres for himself and the same amount for each +laborer that was brought in or for whom arrangements were made for +importation within three years. The annual quitrent was to be two +shillings for 100 acres provided the full number of laborers were +brought in within the three-year period; if, however, full compliance +had not been made, ten shillings was to be paid annually for each 100 +acres for which there was no worker or the size of the grant was to be +reduced proportionally. On the other hand, if the number of laborers, +including members of the family, was increased beyond the original +number proposed, the owner was entitled to an additional 100 acres for +each extra worker. + +Governor Nicholson was instructed to "consider and advise with the +Council and Assembly" about putting these proposals into effect and +about overcoming any difficulties that might exist because of the +current laws of the colony. But instructions to the royal Governor was +one thing; putting these instructions into effect was quite another. +Neither the Council nor the Burgesses were willing to grapple directly +with land reform and no action was taken by the two bodies to implement +the recommendations of the Board of Trade. Governor Nicholson on his own +ordered that no more headrights be issued for the importation of +Negroes. As to the sale of headrights by the secretary's office which +Nicholson found to be still prevalent, the practice was not eliminated +completely. As a substitute measure which arose over the problem of land +taken up in Pamunkey Neck and on the south side of Blackwater Swamp, the +Governor and Council in 1699 authorized the acquisition of land by +"treasury right," stating that title to fifty acres of land would be +granted for the payment of five shillings sterling to the auditor. Thus +during the terminal year of this study, we find the significant +reappearance of sale of land by "treasury right" which increased in +importance as the eighteenth century progressed. Grant by headright +continued immediately to account for the great majority of land patents +issued, but after the first quarter of the eighteenth century it +gradually fell into disuse. + +Being unable to inaugurate the proposed plan for land reform of the +Board of Trade, Nicholson turned to the improvement of collection of +quitrents as the most feasible means of achieving the approximate goal. +Payment of rent was an acknowledged requirement, even though frequently +evaded in the seventeenth century; and Nicholson proposed a stringent +collection of quitrents in arrears in order to force the return of +unused land to be patented by others who would actually occupy and +cultivate the vacant areas. Improvements were made in the sale of +tobacco received as quitrents, and the rent roll of 1704/05 was an +improvement over previous ones. Yet many loopholes still existed in the +system, and Nicholson's attempts to make further reforms were hindered +by the arguments that ensued with leading Councilors. His second term as +executive for Virginia came to an end in 1705. + + + + +CHAPTER FIVE + +The Northern Neck + + +Before completing this study of seventeenth-century land grants, a brief +analysis will be made of the nature of the land system in the Northern +Neck with some attention given to the major ways in which it differed +from the remainder of Virginia. The included area reached from the +Potomac River south to the Rappahannock River and from the headwaters of +these two streams in the western part of the colony to Chesapeake Bay. + +The separate provision for the area went back to the days of exile in +France of Charles II following the execution of Charles I in 1649. As a +reward to those cavaliers who had been faithful to the Stuart regime, +Charles II exercised his royal prerogative by making a grant of the +portions of tidewater Virginia that were not seated. In the year of the +execution the Northern Neck was granted to the following seven +supporters of the King: Lord John Culpeper, Lord Ralph Horton, Lord +Henry Jermyn, Sir John Berkeley, Sir William Morton, Sir Dudley Wyatt, +and Thomas Culpeper. Efforts of the representatives of this group were +frustrated in Virginia by the suspension of royal government, and +therefore the proprietary charter was ineffective for a time. It had, +however, been recorded in chancery in 1649 and was revived after the +restoration of Charles II to the throne. In 1662 and again in 1663 +Charles II ordered the Governor and Council of Virginia to assist the +proprietors in "settling the plantations and receiving the rents and +profits thereof." But portions of the area had been seated since 1645, +and legal obstructions were brought forth by Virginia planters and the +Council to defeat the efforts of the proprietors. + +A second appeal to the King led to a solution maneuvered in part by the +Virginia resident agent in London, Francis Moryson. The original patent +of 1649 was surrendered and a new charter was issued on May 8, 1669, to +the Earl of St. Albans, Lord John Berkeley, Sir William Morton, and John +Trethewy. The new document required the recognition of grants in the +Northern Neck made by the Governor and Council prior to September 29, +1661, and it limited the title of the proprietors to that land which +would be planted and inhabited within twenty-one years. The political +jurisdiction of the area was still under the Virginia government. The +laws of the colony were to remain operative, and in effect the grant was +"to create a subordinate fief or proprietorship within Virginia." But +considerable confusion prevailed over the retroactive recognition of +grants, and many landholders sought confirmation of their ownership. +"Besides there are many other grants," stated Governor William Berkeley, +"in that patent inconsistent with the settlednesse of this government +which hath no barr to its prosperitie but proprieties on both hands, and +therefore is it mightily wounded in this last, nor have I ever observed +anything so much move the peoples' griefe or passion, or which doth more +put a stop to theire industry than their uncertainty whether they should +make a country for the King or other proprietors." + +The confusion that existed was further confounded by the grant of +Charles II on February 25, 1672/73, of all of Virginia for thirty-one +years to Lord Arlington and to Lord Thomas Culpeper, son of one of the +original patentees of the Northern Neck by the same name. These two +proprietors of the whole colony were to control all lands, collect +rents, including all rents and profits in arrears since 1669, and +exercise authority that sprang from grants previously made. Up until +1669 amid all the controversy over control of the Northern Neck, grants +were regularly made by the local government on the basis of headrights +as revealed in the land patent books. After that date the number +decreased; and in March, 1674/75, the first land grant of 5,000 acres, +later George Washington's Mount Vernon, was issued to Nicholas Spencer +and John Washington of Westmoreland in the name of the proprietors with +the common seal being affixed to the grant by Thomas Culpeper and +Anthony Trethewy. By this date Thomas Culpeper had obtained from the +proprietors of 1669 recognition of one-sixth interest in the Northern +Neck for him and his cousin on the basis of their fathers having been +original patentees. + +Opposition to the proprietary grant of the Northern Neck in Virginia led +to efforts of the Assembly, encouraged by Governor William Berkeley, to +buy out the rights of the proprietors. Apparently the proprietors were +willing to sell and set the price of L400 each for the six shares then +held in the charter. Negotiations to complete the transaction were +interrupted by the outbreak of Bacon's Rebellion, and the status of the +proprietary grant hung in suspension. Meanwhile, Thomas, Lord Culpeper +was appointed Governor of Virginia but did not arrive in the colony +until 1680. The next year Culpeper bought up the proprietary rights in +Virginia, both the rights of the other proprietors in the Northern Neck +and the rights of Lord Arlington for all of Virginia. In 1684, however, +he gave up the Arlington charter of 1673 to the crown in return for an +annual pension of L600 for twenty-one years. + +Lord Culpeper retained the Northern Neck charter and made efforts to +encourage settlement of the area. But the terminal date of the +twenty-one year period stipulated in the charter of 1669 was +approaching, and he appealed for a renewal of the grant on the basis +that the amount of land intended by Charles II had not been taken up. +Considering the restriction an impracticable one, King James II issued a +new charter in 1688 with Lord Culpeper as the sole proprietor and with +no time limit specified. Through changes and additions prompted by +Culpeper's knowledge of Virginia's geography, the area of the grant +included in the Northern Neck was substantially enlarged over the +boundaries stated in the previous charters of 1649 and 1669, the +additions later being interpreted as extending Culpeper's claim beyond +the Blue Ridge Mountains to the foot of the Alleghenies. The area as +outlined in 1688 was as follows with the additions to the former +descriptions shown in italics: + + All that entire tract, territory or parcel of land situate, lying + and being _in Virginia_ in America and bounded by and within the + _first_ heads or _springs_ of the rivers of Tappanhannocke alias + Rappahanocke and Quiriough alias Patawomacke Rivers, the courses of + the said rivers, _from their said first heads or springs_, as they + are commonly called and known by the inhabitants and descriptions + of those parts, and the Bay of Chesapoyocke, together with the said + rivers themselves and all the islands within the _outermost_ banks + thereof, _and the soil of all and singular the premisses_. + +Soon after receiving this third charter, Lord Culpeper died on January +27, 1688/89. Despite efforts that were again made by the colony to +eliminate the proprietary grant, it was confirmed to Culpeper's +survivors and passed by marriage to the Fairfax family. + +After the 1669 charter, the proprietors opened an office in the colony +and an agent was designated to handle land grants and collect fees. The +scant records that survive indicate that from 1670 to 1673, Thomas +Kirton was agent in the land office in Northumberland; from 1673 to +1677, William Aretkin was appointed the proprietor's "agent in +Virginia"; and from 1677 to 1689, Daniel Parke and Nicholas Spencer were +agents in the land office in Westmoreland. + +Beginning in 1690 land patents in the Northern Neck were entered +separately and the grant books that have survived give a good account of +the land policy under the proprietors. Philip Ludwell served as agent +from 1690 to 1693 and began an orderly handling of the proprietor's +interest at the land office in Westmoreland. Throughout his term as +agent he used a form for land grants in establishing his authority which +reviewed a part of the checkered history of the Northern Neck. The +introductory portion of this form was as follows: + + _Whereas_ King Charles the Seacond of ever blessed memory by his + letters pattents under the broad seale of England beareing date at + Westminister the eighth day of May in the one and twentyeth yeare + of his reigne Annoqe Dom. 1669, His Matie was gratiously pleased to + give graunt and confirme unto Henry then Earle of St. Albons, John + Lord Berkley, Sir William Morton, Knt., & John Trethewy, Esqr., + there heires & assignes all that intire tract territory or parcell + of land lyinge & being betweene the two rivers of Rapah. and + Patomack and the courses of the said rivers and the Bay of + Chesapeake, as by the said graunts, recourse beinge had there unto, + will more at large appeare, and + + _Whereas_ all the rite and title of in and to the said lands & + premisses is by deed enrold and other suffentient conveyance in law + conveyed and made over to Thomas Lord Culpeper, eldest sonn & heire + of John late Lord Culpeper, his heires & assignes for ever, who is + thereby become sole owner and propriator of the said land in fee + symple, and + + _Whereas_ Kinge James the Seacond hath beene gratiously pleased by + his letters pattents bearinge date at Westminister the 27th day of + September 1688, and in the fourth yeare of his Maties. reigne, to + confirme the said graunt for the said tract or parcell of land to + the said Thomas Lord Culpeper his heires & assignes for ever, as by + the said graunt, relation beinge there unto had, will more at large + appeare + + _And_ the said Thomas Lord Culpeper he beinge since deceased all + the rite title and interest of in and to the said tract of land + lawfully desendinge on the Honorble. Mrs. Katherine Culpeper sole + daughter and heire of the said Thomas late Lord Culpeper, and + Allexander Culpeper Esqr. who cometh in part propriator by lawfull + conveyance from Thomas late Lord Culpeper, and confirmed by the + said Mrs. Katherine Culpeper, who are thereby now become the true + and lawfull propriators of the said tract or territory, and + + _Whereas_ the said propriators have thought fitt under there hands + & seales to depute me Phillip Ludwell Esqr. with full power and + authority to act in the prmisses. persuant to the powers granted by + there said Maties. as fully & amply to all intents & purposes as + they the said propriators them selves might or could doe if they + were personally present, + + NOW KNOW YEE therefore.... + + The provisions in the fourth paragraph above designating Mrs. + Katherine Culpeper and Alexander Culpeper as "the true and lawfull + propriators" were obsolete after the former married Lord Fairfax + while Ludwell was still agent. By law the husband also became a + proprietor and should have been added to the list. This omission was + corrected by George Brent and William Fitzhugh, the two agents who + succeeded Ludwell in 1693 and continued to serve during the 1690's + in the land office at Woodstock in Stafford County. In a much + simplified form, Brent and Fitzhugh merely listed the proprietors + including the husband as follows: + + Margarett Lady Culpeper, Thomas Lord Fairfax, Katherine his wife + and Alexander Culpeper Esquire, proprietors of the Northern Neck + of Virginia.... + +The grants made by the various agents of the proprietors in the Northern +Neck were not substantially different in nature from those held under a +Virginia land patent. Both tenures reflected the feudal law of the +manor. The proprietors held their land in free and common socage, and +the planters in the Northern Neck paid quitrents and fees to the +proprietors rather than to the crown. + +While the nature of the tenure was similar, there was a marked +difference in the methods of obtaining a grant. Instead of the headright +which we have seen was the basis for Virginia land grants during most of +the seventeenth century, the proprietors turned to what they considered +the more practical procedure--acquisition of title by purchase, or the +"treasury right." To obtain title to land the individual paid a +"composition" which was established at a uniform rate. For each 100 +acres in grants less than 600, the price was five shillings; for 100 +acres in grants more than 600, the price was increased to ten shillings. +Payment was permitted in tobacco which was valued at the rate of six +shillings for every 100 pounds in 1690. Such a provision could permit +the acquisition of large holdings without the manipulations that were +practiced under the headright system. + +In the provision for quitrents, the two areas were similar. The amount +of the quitrent in the Northern Neck was the same as elsewhere in +Virginia--two shillings annually for 100 acres. Under agents Brent and +Fitzhugh one exception occurred with the attempt in 1694 to double the +quitrent and thereby maintain the same scale as was customary in +Maryland at the time. But few grants have been found to indicate the +agents succeeded to any extent in establishing the higher rate. + +Relative to requirements for seating to validate the claim, the two +areas followed a different course as the seventeenth century progressed. +We have previously noted the three-year "seating and planting" +requirement for other Virginia patents. Similar provisions were included +in the first proprietary grants as revealed in the earliest patent in +1675. But beginning with the grant for Brent Town in 1687, the seating +requirement was omitted and this precedent was followed for all +subsequent proprietary grants in the Northern Neck in the seventeenth +and eighteenth centuries. + +For the seventeenth century under consideration in this study, there was +considerable private and public animosity displayed toward the +principles of the proprietary system. There was a distrust of the grants +that were issued, and there was criticism of the proprietary system as +it differed from the remainder of Virginia. Demand for land in the area +was not as great; and with the exception of large holdings such as that +of William Fitzhugh, most of the patents were small. It was not until +the eighteenth century that public antipathy toward the proprietors was +for the most part dispelled and that demands on the Northern Neck land +offices increased to equal other areas in Virginia. + + + + +RETROSPECT + + +The availability of land was a leading motive in the European +colonization of America. Although much of the country was inhabited by +Indians, European nations claimed sovereignty over the area and denied +superior claims by the non-Christian aborigines. The London Company held +essentially to this position, although gradually the colony of Virginia, +like other English colonies, recognized the Indian's right of occupation +and provided some compensation for relinquishment of territory. By the +middle of the seventeenth century Virginia had initiated the policy of +laying out Indian boundaries or creating reservations for neighboring +tribes that were not open to white settlement. + +Under the London Company land was held in common until the provision for +distribution to individual stockholders was carried out after 1616. In +addition to grants according to the number of shares of stock owned, the +company rewarded individuals with land for special services rendered to +the colony. And to stimulate immigration, grants were offered as +dividends to voluntary associations or "societies of adventurers" for +organizing and financing settlements such as the hundred or particular +plantations. It was also possible to obtain patents by purchase or by +"treasury right" under the company, but the most significant development +was the provision for acquisition by headright as outlined in the +Instructions to Governor George Yeardley in 1618. + +With the dissolution of the company in 1624, the "treasury right" was +discontinued in Virginia and did not reappear other than in the Northern +Neck until 1699. The major method of obtaining title to land was the +headright which attempted to maintain an appropriate balance between the +size of the population and the area patented. However, its basic concept +was distorted by irregular practices and fraudulent acts. Other +conditions for obtaining patents after 1624 were as a dividend for each +share of stock invested in the company, as remuneration for special +services, and as a means of encouraging frontier fortification. + +The size of land patents gradually increased during the seventeenth +century with the peak being reached in the third quarter. During the +last quarter of the period there was a definite trend toward the breakup +of large estates by distribution to heirs and by sale of small segments +of the larger patent. Whatever the variation in size, the small +landholder constituted the major group in seventeenth-century Virginia +and assumed a more important role in the socio-economic pattern of the +colony than is evident from the descriptions of plantation life by +romantic writers. + +By the end of the seventeenth century the use of the headright as the +major means of land distribution began to give way to acquisition of +title by purchase in all of Virginia other than the Northern Neck. For +the Northern Neck which was granted to various proprietors who were +faithful to the King during the civil war, the headright never served as +the basis of the land system. Rather the distribution of land by the +"treasury right" was employed in the seventeenth as well as the +eighteenth century. + +The abuses of the land system and lax enforcement of its major +principles brought forth a detailed discussion of its many facets by the +Board of Trade near the end of the century. Reforms were proposed that +would enhance the royal revenue by collection of the quitrent and would +prevent the accumulation of large estates. But the existence of vast +areas of unoccupied land on the frontier militated against the +restriction, and there was considerable opposition to feudal tenures and +to the payment of rents to the crown. The proposed reforms did not +prevent the acquisition of large landholdings; the few large estates of +the seventeenth century increased both in number and size in the +eighteenth century and from them were developed the large plantations of +some of the well-known Virginia leaders of the American Revolution. + + + + +BIBLIOGRAPHY + + +I. MANUSCRIPTS + + Virginia Land Patents. Forty-two volumes. Records of the Virginia + State Land Office now in the custody of the Virginia State Library, + Richmond. Indispensable source for the study of land grants in + Colonial Virginia. Nine volumes cover the period to 1706 with two + additional volumes for the Northern Neck beginning in 1690: Northern + Neck Grants No. 1, 1690-1692 and Northern Neck Grants No. 2, + 1694-1700. + + Thomas Jefferson Papers. Alderman Library, University of Virginia, + Charlottesville. + +II. PRINTED PRIMARY SOURCES + + Brown, Alexander, ed., _The Genesis of the United States_, New + York: Houghton, Mifflin and Company, 1890. 2 vols. + + Force, Peter, ed., _Tracts and Other Papers Relating Principally to + the Origin Settlement and Progress of the Colonies in North + America, from the Discovery of the Country to the Year 1776_, + Washington, D.C., 1836-1846. 4 vols. + + Grant, William, Munro (James) and Fitzroy (A. W.), eds., _Acts of + the Privy Council of England, Colonial Series, 1613-1783_, London, + 1908-1912. 6 vols. + + Hartwell, Henry, Blair (James) and Chilton (Edward), _The Present + State of Virginia and the College_. Edited by H. D. Farish, + Williamsburg: Colonial Williamsburg, Inc., 1940. + + Hening, W. W., ed., _Statutes at Large: being a Collection of All + the Laws of Virginia from the First Session of the Legislature in + the Year 1619_ [to 1792]. Richmond, 1809. 13 vols. + + Kennedy, J. P. and McIlwaine, H. R., eds., _Journals of the House + of Burgesses of Virginia, 1619-1776_, Richmond: The Colonial Press, + 1905-1915. 13 vols. + + Kingsbury, S. M., ed., _The Records of the Virginia Company of + London_, Washington, D.C.: Government Printing Office, 1906 and + 1933. 4 vols. + + Labaree, L. W., ed., _Royal Instructions to British Colonial + Governors_, 1670-1776, New York: D. Appleton-Century Company, 1935. + 2 vols. + + McIlwaine, H. R. and Hall, W. L., eds., _Executive Journals of the + Council of Colonial Virginia_, Richmond: Virginia State Library, + 1925. + + McIlwaine, H. R., ed., _Legislative Journals of the Council of + Colonial_ _Virginia, 1680-1775_, Richmond: The Colonial Press, + 1918-1919. 3 vols. + + ----, _Minutes of the Council and General Court of Colonial + Virginia, 1622-1632, 1670-1676_, Richmond: The Colonial Press, + 1924. + + Nugent, Nell M., ed., _Cavaliers and Pioneers: Abstracts of + Virginia Land Patents and Grants_, Richmond: The Dietz Printing + Company, 1934. Only volume I published covering the period from + 1623 to 1666. Excellent source for study of seventeenth-century + land grants. + + Sainsbury, W. N. and others, eds., _Calendar of State Papers, + Colonial Series, America and West Indies_, London, 1860-. + +III. INDEX AND PERIODICALS + + Swem, E. G., comp., _Virginia Historical Index_, Roanoke: Stone + Printing Company, 1934-1936. 2 vols. + + Valuable guide to material found in Hening's _Statutes_, _Virginia + Magazine of History and Biography_, _Tyler's Quarterly Historical + and Genealogical Magazine_, _William and Mary College Quarterly + Historical Magazine_--first and second series, _Calendar of + Virginia State Papers ... Preserved in the Capitol at Richmond_, + _Virginia Historical Register and Literary Adviser_, and _Lower + Norfolk County Virginia Antiquary_. + +IV. SECONDARY SOURCES--BOOKS + + Ames, Susie M., _Studies of the Virginia Eastern Shore in the + Seventeenth Century_, Richmond: The Dietz Press, 1940. + + Andrews, C, M., _The Colonial Period of American History_, New + Haven: Yale University Press, 1934-1938. 4 vols. + + Beverley, Robert, _The History of Virginia in Four Parts_. + Reprinted from the author's second revised edition, 1722. Richmond, + 1855. + + Brown, Alexander, _The First Republic in America_, New York: + Houghton, Mifflin and Company, 1898. + + Bruce, P. A., _The Economic History of Virginia in the Seventeenth + Century_, New York: Macmillan and Company, 1896. 2 vols. + + ----, _Institutional History of Virginia in the Seventeenth + Century_, New York: G. P. Putnam's Sons, 1910. 2 vols. + + ----, _Social Life of Virginia in the Seventeenth Century: An + Inquiry into the Origin of the Higher Planting Class, together with + an Account of the Habits, Customs, and Diversions of the People_, + Richmond: Whittet & Shepperson, 1907. + + Craven, W. F., _Dissolution of the Virginia Company: The failure of + a Colonial Experiment_, New York: Oxford University Press, 1932. + + ----, _The Southern Colonies in the Seventeenth Century, + 1607-1689_. Volume I of _A History of the South_, Baton Rouge: + Louisiana State University Press, 1949. + + Harrison, _Fairfax, Virginia Land Grants: A Study of Conveyancing + in Relation to Colonial Politics_, Richmond: The Old Dominion + Press, 1925. Valuable for its emphasis upon the Northern Neck. + + Osgood, H. L., _The American Colonies in the Seventeenth Century_, + New York: Macmillan Company, 1904-1907. 3 vols. + + Voorhis, M. C., The Land Grant Policy of Colonial Virginia, + 1607-1774, Unpublished Ph.D. dissertation, University of Virginia. + + Valuable study with emphasis upon analysis of land policy. Does not + include the Northern Neck. + + Wertenbaker, T. J., _Patrician and Plebeian in Virginia; or, The + Origin and Development of the Social Classes of the Old Dominion_, + Charlottesville, 1910. + + ----, _The Planters of Colonial Virginia_, Princeton: Princeton + University Press, 1922. + + ----, _Virginia under the Stuarts, 1607-1688_, Princeton: Princeton + University Press, 1914. + + Wright, L. B., _The First Gentlemen of Virginia: Intellectual + Qualities of the Early Colonial Ruling Class_, San Marino: The + Huntington Library, 1940. + + + + +VIRGINIA 350TH ANNIVERSARY COMMISSION + + +_Honorary Chairman_ + +THOMAS B. STANLEY, Governor + +LEWIS A. MCMURRAN, JR., _Chairman of the Commission_ + +_Members of Senate appointed by President of the Senate_: + +LLOYD C. BIRD, Vice Chairman HARRY F. BYRD, JR. +EDWARD L. BREEDEN, JR. W. MARVIN MINTER + + +_Members of the House of Delegates appointed by the Speaker of the House_: + +RUSSELL M. CARNEAL FELIX E. EDMUNDS +HALE COLLINS LEWIS A. MCMURRAN, JR. +JOHN W. COOKE W. TAYLOE MURPHY +EDMUND T. DEJARNETTE FRED G. POLLARD + + +_Members appointed by the Governor_: + +MISS ELLEN BAGBY CARLISLE H. HUMELSINE +ALVIN D. CHANDLER VERBON E. KEMP + ALLEN R. MATTHEWS + + PARKE ROUSE, JR., _Executive Director_ + + + * * * * * + + +THE JAMESTOWN-WILLIAMSBURG-YORKTOWN +CELEBRATION COMMISSION + +_Appointed by the President of the United States_ + +ROBERT V. HATCHER, Chairman SAMUEL M. BEMISS, Vice Chairman +FRANK L. BOYDEN BENTLEY HITE +DAVID E. FINLEY WINTHROP ROCKEFELLER + CONRAD L. WIRTH + + +_Appointed by the Vice President of the United States_ + +HARRY F. BYRD A. WILLIS ROBERTSON + + +_Appointed by the Speaker of the House of Representatives_ + +EDWARD J. ROBESON, JR. RICHARD H. POFF + + H. K. ROBERTS, _Administrative Director_ + + + + +_FEVDIGRAPHIA._ + +THE SYNOPSIS +OR EPITOME OF +SVRVEYING METHODIZED. + +Anatomizing the whole Corps of the +Facultie; _Viz._ + +_The Materiall, Mathematicall, Mechanicall and +Legall Parts_, + +Intimating all the Incidents to Fees and Possessions, and +whatsoeuer may be comprized vnder their Matter, Forme, +Proprietie, and Valuation. + +_Very pertinent to be perused of all those, whom the Right, Reuenewe, +Estimation, Farming, Occupation, Manurance, Subduing, +Preparing and Imploying of Arable, Medow, Pasture, and all +other plots doe concerne._ + +And no lesse remarkable for all Vnder-takers in the Plantation +of Ireland or Virginia, for all Trauailers for Discoueries of +_forraine Countries, and for Purchasers, Exchangers, or Sellers_ +of Land, and for euery other Interessee in the Profits +or Practise deriued from the compleate +SVRVEY + +_Of Manours, Lands, Tenements, Edifices, Woods, Waters, Titles, +Tenures, Euidences, &c._ + +Composed in a compendious Digest by +W. FOLKINGHAM. G. + +QUA PROSUNT SINGULA, MULTAIUVANT. + +LONDON + +Printed for _Richard Moore_, and are to be solde at his shop in Saint +_Dunstanes_ Church-yard in Fleete-streete, + +1610. + +[Photograph by T. L. Williams] + + + + +THE +SVRVEIORS +DIALOGVE, + +Very profitable for all men to pervse, but +_especially for Gentlemen, Farmers, and Husbandmen_, +that shall either haue occasion, or be willing +to buy, hire, or sell Lands: As in the ready and perfect +Surueying of them, with the manner and Method of +keeping a Court of Suruey with many necessary rules, +and familiar Tables to that purpose. + + * * * * * + +_As also_, +The vse of the Manuring of some Grounds, fit as well +_for_ LORDS, _as for_ TENNANTS. + + * * * * * + +Now the third time Imprinted. + + * * * * * + +_And by the same Author inlarged, and a sixt Booke newly_ +added, of a familiar conference, betweene a PVRCHASER, +and a SVRVEYOR of Lands; of the true vse of both being +very needfull for all such as are to purchase Land, +whether it be in Fee simple, or by Lease. + +_Diuided into sixe Bookes by_ I. N. + + * * * * * + +PROV. 17.2. + +_A discreate Seruant shall haue rule ouer an vnthriftie Sonne, and he shall +deuide the heritage among the brethren._ + +Voluntas pro facultate. + + * * * * * + +LONDON: + +Printed by THOMAS SNODHAM. 1618. + +[Photograph by T. L. Williams] + + + + + +End of the Project Gutenberg EBook of Mother Earth, by W. Stitt Robinson, Jr. + +*** END OF THIS PROJECT GUTENBERG EBOOK MOTHER EARTH *** + +***** This file should be named 28499.txt or 28499.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/2/8/4/9/28499/ + +Produced by Mark C. Orton and the Online Distributed +Proofreading Team at https://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. |