Mother Earth: Land Grants in Virginia, 1607-1699 — John Shaqi
Mother Earth: Land Grants in Virginia, 1607-1699Robinson, Walter Stitt
History
Mother Earth: Land Grants in Virginia, 1607-1699
Robinson, Walter Stitt
Land grants -- Virginia -- History; Virginia -- History -- Colonial period, ca. 1600-1775
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."
Public-domain text, read in full here on John Shaqi.
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