For an overview and citations for various Virginia and English laws, take a look at the Library of Virginia's Research Notes No. 9, Virginia Naturalizations, 1657-1776:
http://www.lva.virginia.gov/public/guides/rn9_natural1657.pdf
There was another process and status called denization, which conferred limited rights. Technically, only the English Parliament could confer naturalization, but Virginia seems to have adapted the status for use in the colony.
Gregg
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From: Discussion of research and writing about Virginia history [mailto:[log in to unmask]] On Behalf Of Tarter, Brent (LVA)
Sent: Tuesday, December 16, 2014 9:42 AM
To: [log in to unmask]
Subject: Re: [VA-HIST] 17th Century Naturalization and Land Patents
Craig,
My recollection is that aliens could acquire but not bequeath property.
Brent Tarter
The Library of Virginia
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Please visit the Library of Virginia's web site at http://www.lva.virginia.gov
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From: Discussion of research and writing about Virginia history [[log in to unmask]] on behalf of Craig Kilby [[log in to unmask]]
Sent: Tuesday, December 16, 2014 1:11 AM
To: [log in to unmask]
Subject: [VA-HIST] 17th Century Naturalization and Land Patents
Here are some question for the land title experts here:
(1) It has been my understanding that non-naturalized people could own land, but only in a life estate and then escheat. I am not 100% certain if that is true and would like verification of this.
(2) If that IS true, could someone still obtain a land patent? If so, was it only for a life, with no further rights to it by his heirs?
The reason I ask is the case of Dominick Therriott, who obtained a patent (now lost) to 1600 acres in Lancaster County on 18 April 1662 (recited in a repatent by his son William in 1678).
Dominick Therriott, a native of France, was not naturalized until 1672 (Hening 3, 479).
Even before his patent to the 1600 was issued, he had entered into a generous 14-year lease of it with two other partners (John Fletcher and Joseph Bayley), as tenants in common. Fletcher died in 1663. Administration on the estates of both Dominick Therriott and Joseph Bayley were granted on the same day, 10 March 16745-the lease was to expire on 25 Dec 1675, so the issue of clear title to his son William is rather moot.
But, what if Therriott had been the one to die in 1663? What if he had never been naturalized at all?
Craig Kilby
Kilby Research Services
www.craigkilby.com
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