HEADRIGHTS Dominant form of Virginia grants until 1699. Origin was in The Greate Charter of 1618: “That for all persons…which…shall go into Virginia with the intent there to inhabite. If they continue there three years or dye after they are shipped there shall be a grant made of fifty acres for every person … which grants shall be made respectively to such persons…at whose charges the said persons going to inhabite in Virginia shall be transported…” Subsequent commissions to Royal Governors instructed them to follow the rules of the former company. These instructions were quite vague. For example, the earliest reads: “…50 acres of land for every person transported thither…until otherwise determined by His Majesty.” No restrictions on point of origin Immigrants merely had to enter Virginia. Persons claimed as headrights could have come from another colony as well as Europe or Africa. The first restriction on point of origin was a 1699 instruction to disallow negroes, and later a restriction to English citizens. No restrictions on age, gender, or race. Imported person had to survive 3 years (or die) before the headright became usable. Process for claiming headrights: · Claim importation at county court or Council & obtain a “certificate of entitlement” · Some of these are preserved in county court records · The certificate was used to obtain the warrant, thus predated the patent itself · No time limit imposed on use – a few were used 15-20 years after the fact Headright certificates were property and could be bought or sold · Certificates were commonly sold or traded · The person filing the patent may not have been the importer · Immigrants sometimes sold their own headright certificates · Value of 50 acres was generally less than cost of importation Misuse & corruption of the system increased over time, especially after about 1680: · Duplicate claims - clerks seldom checked for duplicates · Importation of the same person more than once · Temporary importations - ship’s captains often claimed the crew · Fictitious names & reuse of names sold by clerks – common practice by 1690s · Acquisition of large plots by speculators [The headright system was also used in Maryland, North Carolina, and South Carolina, though relatively few persons were claimed in the Carolinas.] TERMINOLOGY & OTHER GENEALOGICAL CLUES Residency Patents sometimes tell us where the patentee was living at the time. If not, we’d assume the patentee had been living on the land for a few years prior to the patent date – unless they were speculators. Citizenship Only an English citizen could own land, whether acquired by patent or purchase. Foreign- born residents became citizens by taking a loyalty oath. Before 1680, in Virginia, this required an act of the Council, which are preserved in Hening’s Statutes at Large. After 1680, the Governor could bestow citizenship, and those records are mostly missing. Age Patentees had to be 21. Males had to be 21 to sell land, make a will, sue or be sued, make a bond, or marry. Males aged 14 or more could own land, serve on juries (if a freeholder), choose a guardian, or witness documents. Seating & Planting Virginia patents required “seating and planting” within three years to perfect the title. This wasn’t defined until 1666, when the Assembly decided that “building a house and keeping a stock one whole yeare upon the land shall be accounted seating, and that clearing, tending and planting an acre of ground shall be accounted planting.” In theory, failure to seat or plant made the patent fair game for a subsequent patentee. In practice, the provision was often overlooked. Escheats When patentees died without heirs (or were convicted of a crime), the land was said to “escheat” and could be repatented by another person. Renewals Patents which lapsed by abandonment, failure to seat, or failure to pay quit rents could be patented, in whole or in part, by another person. Sometimes, however, land was repatented as a result of a sale of the land. Processioning Surveyors were appointed and not always competent. Inaccurate surveys caused many boundary disputes and lawsuits. In 1661 the Virginia Assembly required landowners to “goe in procession” once every four years to examine and agree upon the boundary lines of each tract. Responsibility was given to the parish vestries, which established precincts for the purpose. Selected landowners within each precinct plus two surveyors performed the task. Processioning occurred in the 50-day period after Easter from 1662-1691, thereafter in September-March. Processioning records, where they exist, verify ownership and neighbors. Acreage The acreage can be a rough clue to family size. One person could cultivate only about 50 acres, so grants larger than 100 acres usually meant male children or ownership of slaves or servants. Freeholders Only freeholders (normally a 50a minimum, but varied by county) were eligible to serve on juries, hold public office, or vote for Burgesses. Quit Rents Patents were technically long-term leases. A small annual rent was due to the Crown or Proprietor. If the land was sold, the new owner assumed the responsibility. In Virginia, only the 1704 lists of rent payers is preserved, but rent rolls also exist for other colonies. Some merchant accounts include references to rent payments. [No taxes were assessed on land.] Calendar Don’t forget to adjust for Julian dates. (Jan 1 – Mar 25 were actually in the prior year until 1752.)