The Planters of Colonial Virginia

by Thomas Jefferson Wertenbaker

The guiding hand of the Company was missed by the freedmen after the revoking of the charter, for the Governors seem to have left them to shift for themselves. Yet this fact did not prevent many from forging ahead, acquiring land, and in some cases positions of trust in the Government itself. In Hotten's Immigrants is published a muster roll for the year 1624 of all the settlers in Virginia, in which servants are carefully distinguished from freemen.[4-46] By following, as well as the imperfect records of the period permit, the after careers of the former, it is possible to determine with a fair degree of accuracy to what extent the small farmer class at this period was recruited from persons coming to the colony under terms of indenture.

Of the forty-four Burgesses who sat in the Assembly of 1629, no less than seven—John Harris, William Allen, William Popleton, Anthony Pagett, Richard Townsend, Adam Thoroughgood and Lionell Rowlston—were listed as servants in the muster of 1624.[4-47] Thus some sixteen per cent of this important body, the Virginia House of Commons, at this time was made up of men who five years previously had been working out their passage money. Among the thirty-nine members of the House of 1632, six appear as servants in the muster—Thomas Barnett, Adam Thoroughgood, Lionell Rowlston, Thomas Crump, Roger Webster and Robert Scotchmon. Whether there were other members who came over under terms of indenture but secured their freedom before 1624, we have no means of determining.

The author of Virginia's Cure, published in 1662, asserted that the Burgesses "were usual such as went over as servants thither; and though by time, and industry, they may have obtained competent estates, yet by reason of their poor and mean condition, were unskilful in judging of a good estate, either of church or Commonwealth."[4-48] This statement is a gross exaggeration both as to the composition of the Burgesses and their abilities. Instances of the election of freedmen to the House, fairly frequent in the early years of the colony, became rarer as the century advanced and the field of selection widened. Yet in the Assembly of 1652, of the thirty-five members, eight or nine appear on the patent rolls as headrights brought over by others.[4-49] It is evident that even so late as the middle of the century the door of opportunity was still open to the freedmen.

In the absence of a complete census for the decades after 1624, it is very difficult to determine what proportion of the servants listed in the muster roll of that year subsequently became landowners. Some light is thrown on the matter by a search through the patent books. Here are found a surprisingly large number of persons who in 1624 were servants. Among these are Anthony Jones, John Sparkes, John Cooke, Roger Delk, John Trussell, William Woolritch, Pettyplace Cloyse, Edward Sparshott, William Dawson, Richard Bell, Robert Browne, Nicholas Browne, John Chandler, Lionell Rowlston, Thomas Savadge, Samuel Bennett, Daniel Shurley, James Hatfield, Adam Thoroughgood, John Robinson, John Hill, John Seaward, William Ramshaw, Samuel Weaver, John Upton, John Watson, Thomas Crompe and John Russell.[4-50]

Of these persons several acquired a fair degree of wealth and became of importance in the early life of the colony. It is interesting to note also, that some were men of good condition in England, the case of Adam Thoroughgood, whose brother Sir John Thoroughgood was at one time secretary to the Earl of Pembroke, is notable in this respect. John Hill, before coming to Virginia, had been a book binder in Oxford university, and his father had been a fletcher.[4-51] The patents of Thomas Crompe and John Russell state that fifty acres was due in each case for the "personal adventure" of the patentee, but since they are distinctly listed as servants in 1624 it seems probable that subsequently each made a visit to England and put in claims for the headright for the return voyage.[4-52]

Thus it is evident that a large proportion of the landholders during and prior to 1635 had come to the colony under terms of indenture, either under the Company or with private individuals. Perhaps it would not be unfair to estimate this proportion at from thirty to forty per cent, but it must be distinctly understood that the matter cannot be determined with any degree of accuracy or finality. Some years later Governor Berkeley in an address before the Assembly, stated that hundreds of examples testified to the fact that no man in Virginia was denied the opportunity to rise and to acquire both property and honor.[4-53] Careful research tends to corroborate this assertion but it does not and cannot show whether the bulk of the early planters came to the colony as freemen or as indentured servants.

During the years from 1635 to 1660 the process of building up a class of small farmers in large part from freedmen continued unabated. But the difficulties of the investigator in studying this period are also very great. Yet it is possible, by examining the names that appear in the land patents and wills, and comparing them with the list of headrights, to arrive at fairly satisfactory results. We find that of the 131 persons listed in the York county wills from 1646 to 1659 no less than twenty-five appear as headrights for others. Of these the major part became landowners, some of them men of influence in Virginia.[4-54] The Rappahannock wills for the years from 1656 to 1664 show a like result. Thirty-nine persons appear in the records, of whom seven came in as headrights.[4-55]

There is always the possibility of error in identifying these persons for the recurrence of such names as Smith, Jones, Turner, Davis, Hall, the monotonous repetition of a few common given names, and the universal omission of middle names add greatly to our difficulties. Moreover, mistakes are apt to occur because of the transfer of headrights by sale. The free immigrant to whom was due fifty acres for his "personal adventure" might not care to settle on the frontier where alone unpatented land could usually be found. At times he sold his right and purchased a plantation in some one of the older and more advanced counties. It is not conclusively proved, then, that a certain person came as a servant merely because he is listed as a headright. On the other hand, the fact that it was the custom to set forth such transfers clearly in the patent itself, justifies the conclusion that in the cases where no statement of the kind is made, the headright for which the land was granted usually came in under terms of indenture.

In Volume III of the land patents are listed in the years from 1635 to 1653 patents to fifty-seven persons in James City county.[4-56] Of these no less than thirty-one are found also as headrights belonging to others, although a duplication of names in several cases makes identification uncertain. One person only claimed the fifty acres for having paid his own passage to Virginia. When all possible allowance is made for transfers of rights it is obvious that at this time freedmen were still entering freely into the class of landowners.

An examination of the James City county patents in Volume IV, covering the years from 1653 to 1663, leads to similar results, for of the eighty-five names which appear there, forty-five are listed as headrights belonging to others. And although the tracts granted these men were usually small in size, in certain cases they were far in excess of the average plantation. Thus Edward Cole, who appears as a headright in 1642, patented 900 acres in 1655;[4-57] Thomas Warburton patented 1,664 acres;[4-58] George Gilbert 1,000 acres; Francis Burwell 1,000 and John Underwood 2,000 acres.[4-59] The number of years which elapsed between the listing of the headrights and the granting of the patents varied from two to twenty-eight. The average for the thirty-five cases in which the dates are given is twelve years. As the claims for headrights were often made long after the actual arrival of the servant, it may be assumed that the average was even greater than this. Once more, however, it must be remembered that these lists do not record personal transfers of land, while it is quite certain that many freedmen, instead of patenting unoccupied tracts, secured their little farms by purchase. Some probably became proprietors in the very first year of their freedom and set to work with hoe and plow to wrest their living from the soil.