Relative to requirements for seating to validate the claim, the two areas followed a different course as the seventeenth century progressed. We have previously noted the three-year "seating and planting" requirement for other Virginia patents. Similar provisions were included in the first proprietary grants as revealed in the earliest patent in 1675. But beginning with the grant for Brent Town in 1687, the seating requirement was omitted and this precedent was followed for all subsequent proprietary grants in the Northern Neck in the seventeenth and eighteenth centuries.
For the seventeenth century under consideration in this study, there was considerable private and public animosity displayed toward the principles of the proprietary system. There was a distrust of the grants that were issued, and there was criticism of the proprietary system as it differed from the remainder of Virginia. Demand for land in the area was not as great; and with the exception of large holdings such as that of William Fitzhugh, most of the patents were small. It was not until the eighteenth century that public antipathy toward the proprietors was for the most part dispelled and that demands on the Northern Neck land offices increased to equal other areas in Virginia.
RETROSPECT
The availability of land was a leading motive in the European colonization of America. Although much of the country was inhabited by Indians, European nations claimed sovereignty over the area and denied superior claims by the non-Christian aborigines. The London Company held essentially to this position, although gradually the colony of Virginia, like other English colonies, recognized the Indian's right of occupation and provided some compensation for relinquishment of territory. By the middle of the seventeenth century Virginia had initiated the policy of laying out Indian boundaries or creating reservations for neighboring tribes that were not open to white settlement.
Under the London Company land was held in common until the provision for distribution to individual stockholders was carried out after 1616. In addition to grants according to the number of shares of stock owned, the company rewarded individuals with land for special services rendered to the colony. And to stimulate immigration, grants were offered as dividends to voluntary associations or "societies of adventurers" for organizing and financing settlements such as the hundred or particular plantations. It was also possible to obtain patents by purchase or by "treasury right" under the company, but the most significant development was the provision for acquisition by headright as outlined in the Instructions to Governor George Yeardley in 1618.
With the dissolution of the company in 1624, the "treasury right" was discontinued in Virginia and did not reappear other than in the Northern Neck until 1699. The major method of obtaining title to land was the headright which attempted to maintain an appropriate balance between the size of the population and the area patented. However, its basic concept was distorted by irregular practices and fraudulent acts. Other conditions for obtaining patents after 1624 were as a dividend for each share of stock invested in the company, as remuneration for special services, and as a means of encouraging frontier fortification.
The size of land patents gradually increased during the seventeenth century with the peak being reached in the third quarter. During the last quarter of the period there was a definite trend toward the breakup of large estates by distribution to heirs and by sale of small segments of the larger patent. Whatever the variation in size, the small landholder constituted the major group in seventeenth-century Virginia and assumed a more important role in the socio-economic pattern of the colony than is evident from the descriptions of plantation life by romantic writers.
By the end of the seventeenth century the use of the headright as the major means of land distribution began to give way to acquisition of title by purchase in all of Virginia other than the Northern Neck. For the Northern Neck which was granted to various proprietors who were faithful to the King during the civil war, the headright never served as the basis of the land system. Rather the distribution of land by the "treasury right" was employed in the seventeenth as well as the eighteenth century.
The abuses of the land system and lax enforcement of its major principles brought forth a detailed discussion of its many facets by the Board of Trade near the end of the century. Reforms were proposed that would enhance the royal revenue by collection of the quitrent and would prevent the accumulation of large estates. But the existence of vast areas of unoccupied land on the frontier militated against the restriction, and there was considerable opposition to feudal tenures and to the payment of rents to the crown. The proposed reforms did not prevent the acquisition of large landholdings; the few large estates of the seventeenth century increased both in number and size in the eighteenth century and from them were developed the large plantations of some of the well-known Virginia leaders of the American Revolution.
BIBLIOGRAPHY