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