Under these provisions of "the greate charter," it is evident that not only was the headright grant of fifty acres per person open to shareholders who brought settlers to the colony, but also to anyone who had migrated to the colony at his own expense or who had financed the expedition of other persons. Individuals paying their own transportation were entitled to fifty acres for themselves and for every member of the family, providing they fulfilled the residence requirement of three years.
Governors under the company issued patents based on the headright until dissolution by the crown in 1624. Beyond that time the status of the headright was uncertain. The "charter" of 1618 had specified a term for this right for seven years ending on Midsummer Day of 1625. After this term expired, royal governors continued to honor headright claims based on immigration, although no direct authorization for such action had come from the crown. Therefore, the issuance of these claims after 1625 was based primarily on custom, brief as it was, until more direct instructions were issued to Governor John Harvey in 1634 following the proprietary grant of Maryland in 1632.
The Maryland grant enhanced the concern of the Virginia inhabitants about their title to land, and correspondence conducted by Governor Harvey finally brought forth a statement from the Privy Council. Apprehension over Maryland led to assurance of the headright for Virginia as the Privy Council issued the following dispatch of July 22, 1634, to the Governor:
We have thought fit to certify you that his Majesty of his royal favor, and for the better encouragement of the planters there doth let you knowe that it is not intended that the interestes which men had settled when you were a corporation should be impeached; that for the present they may enjoy their estates and trades with the same freedom and privileges as they did before the recalling of their patents: To which purpose also in pursuance of his Majesty's gracious intention, wee doe hereby authorize you to dispose of such proportions of lands to all those planters beeing freemen as you had power to doe before the yeare 1625.
With this explicit royal endorsement of land patent principles followed under the company and confirmation of the headright, Governor Harvey modified the wording in the patents and adopted the following form illustrated in a grant of 2,500 acres to Captain Hugh Bullocke:
To all to whome these prsents. shall come, I Sr. John Harvey Kt. Governr. and Capt. Generll. of Virginia send greeting in our Lord God Everlasting.
Whereas by letters pattents bearing date the twoe and twentieth of July one thousand six hundred thirtie fower from the Rt. Honble. the Lords of his Majties. most Honoble. Privie Councell their lordshipps did authorize the Governr. and Councell of Virginia to dispose of such pportions of land to all planters being freemen as they had power to doe before the yeare 1625, whene according to divers orders & constitutions in that case provided and appointed all devidents of lands any waies due or belonging to any adventurers or planters of what condicon soever were to bee laid out and assigned unto them according to the severall condicons in the same menconed.
Now Know Yee therefore that I the said Sr. John Harvey doe, with the consent of the Councell of State give and graunt unto Capt. Hugh Bullocke and to his heires and assignes for ever by these prsents
Twoe thousand five hundred and fiftie acres of land, scituate, lying & being from the runn that falleth downe by the eastern side of a peece of land knowne by the name of the Woodyard and soe from that runn along the side of the Pocoson (or great Otter pond soe called) northwest and about the head of the said Otter pond back southeast leaveing the Otter pond in the middle.
To have and to Hold the said twoe thousand five hundred and fiftie acres of land with his due share of all mines and minneralls therein conteyned and with all rights and priviledges of hunting, hawking, fishing and fowling, wth in the prcincts of the same to the sole and pper use benifitt and behoofe of him the said Capt. Bullocke his heires and assignes for ever.