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
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.
Public-domain text, read in full here on John Shaqi.
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