Acquiring Land by Headright in 17th-Century Virginia

 

Acquiring Land by Headright in 17th-Century Virginia

The headright system was a significant feature of Virginia's land policy in the 17th century. It aimed to encourage immigration and the expansion of settlements while maintaining a balance between population growth and land patented. Here is a breakdown of how it functioned, drawing from the provided source:

The Genesis of the Headright System:

• The headright system originated with the "greate charter" of 1618, which outlined plans for land distribution and encouraged settlement.
• It promised 50 acres of land to each person transported to Virginia during the seven years following Midsummer Day 1618.
• This grant applied to anyone who migrated to the colony at their own expense or financed the transportation of others.
• **The person financing the transportation received the 50-acre grant, not the individual transported. **

Evolution and Confirmation of the Headright:

• The initial headright provision in the 1618 charter had a seven-year term, expiring on Midsummer Day of 1625.
• Following the dissolution of the London Company in 1624, royal governors continued to honor headright claims despite the absence of direct authorization.
• The headright system was officially endorsed by the Privy Council in 1634, solidifying its place in Virginia's land policy.

The Role of Indentured Servitude:

• The headright system encouraged the use of indentured servitude, where individuals agreed to work for a certain number of years in exchange for their passage to Virginia.
• The master or employer who paid for the servant's transportation received the headright grant, not the servant.
• Although servants did not typically receive land at the end of their service, many were able to purchase land and become landowners.

Steps to Obtaining a Land Patent by Headright:

1. Proving the Headright: The claimant would appear before a county court or the Governor and Council and swear under oath that they had transported a certain number of people. The clerk of the court would then issue a certificate.
2. Validation: The certificate was validated in the secretary's office and forwarded to a surveyor.
3. Survey and Location: The surveyor would measure out 50 acres of land for each person imported. The claimant could choose the location as long as the land was not already patented or restricted for Native American settlements.
4. Patent Preparation: The survey record and headright certificate were presented to the secretary's office, where a patent was drawn up.
5. Governor's Approval: The final step was the signing of the patent by the Governor with the Council's approval.

Abuses and Distortions of the Headright System:

• The headright system, while promoting immigration, was susceptible to abuses and manipulations.
• Duplicate claims: Ship masters, merchants, and planters sometimes submitted multiple headright claims for the same individual.
• Fictitious names: Headright lists sometimes included fictitious names or names copied from older records.
• Sale of headrights: Clerks in the secretary's office began selling headright certificates for a fee, enabling individuals to obtain land without importing anyone.

Consequences of Headright Abuses:

• These abuses upset the intended balance between population and patented land.
• Large areas of land were patented but remained uncultivated.
• The system contributed to land speculation and the accumulation of large, undeveloped estates.

Shifting Land Acquisition Methods:

• By the end of the 17th century, the headright system was gradually being replaced by the "treasury right" as the primary method of obtaining land.
• "Treasury right" involved purchasing land directly from the colony by paying a fee to the auditor, offering a more convenient and less expensive way to acquire land.
• The headright system persisted in the early 18th century but eventually fell out of use.

The Northern Neck Exception:

• The Northern Neck region of Virginia, under proprietary control, did not utilize the headright system.
• Instead, land was acquired through direct purchase, known as the "treasury right," by paying a "composition" fee to the proprietors.

In conclusion, the headright system was instrumental in populating Virginia during the 17th century, but it also became a source of corruption and contributed to uneven land distribution. The system's decline in favor of the "treasury right" marked a significant shift in Virginia's land policy toward a more direct purchase-based system.