Customs Relating to Land.
One very old and peculiar custom was brought over from England and used by the first colonists. This was the transferring of land under the old ceremony of the livery of seizin, a feudal ceremony. When land was being sold, the owner would stand upon it and he would pluck a twig from the tree or bush and place it in the hand of the purchaser, or he would take a small piece of the turf and stick a twig in it and give over to the purchaser. If a house was sold, the owner would take hold of the ring or latch of the door and formally give over the house to the purchaser.
In Virginia once every four years between Easter and Whit Sunday, the owner of a piece of ground had to go over the boundary and renew the marks, and when a piece of land had been thus traced three times, the right to possess it by the owner was never afterward disputed. Another custom was feudal in its nature. The land of the new country was given out in grants by the King and the owners acknowledged allegiance to him and paid annual dues and these proprietors established a system of land-tenure in which they let out the land, and an annual due was always expected. This was sometimes paid in money and again in produce from the land, sometimes being a very small amount, just sufficient to show acknowledgment of feudal service, it might be a few pounds of butter or a couple of loads of wood or a pair of chickens. In Virginia the first tenants were little better than villains of feudal times, as when they received land they were bound to remain seven years on it and to pay one-half of the whole produce as rent.
In New England and also in some parts of New York and New Jersey, there was the custom of holding land in common—upland, meadow, and woodland were apportioned out for use to the different members of the community. The church was a great binding force among them, so that the meeting-house was the center about which the people settled, and they were kept all the more closely together by the hostile savages.
But in a new country where land was plentiful and easy to obtain and laws difficult of enforcement, the customs of an old and thickly peopled country could not long hold, and particularly so if unsuited to the needs of the new country. Yet such were enduring enough in this country as to have wielded quite an influence.