I think that you will find the best introduction to the evolution of the
Virginia land law in the introduction to the various volumes (currently
8 in number) of Cavaliers and Pioneers.
Barbara Vines Little, CG
Dominion Research Services
PO Box 1273
Orange, VA 22960
540-832-3473 (7-10 p.m.; all day Sunday)
[log in to unmask]
CG, Certified Genealogist, is a service mark of the Board for Certification of Genealogists, used under
license by board certified genealogists after periodic evaluation, and the board name is registered in the
US Patent & Trademark Office.
Joe Chandler wrote:
> I have never heard of "quit dues," only "quit rents,"
> but there may be such a thing. A few -- Ancient
> Planters -- were exempt even from quit rents.
>
> Moreover, laws change from time to time.
>
> To provide an accurate answer to a particular time and
> transaction/s, one needs to know WHERE and WHEN the
> transaction occurred and what the law was at that
> place and time.
>
> (1) The original terms for acquiring land were set
> forth in a 1618 directive from the Court of the
> Virginia Company in London to the Council in Virginia,
> which is well summarized in the Introduction to the
> first volume of "Cavaliers and Pioneers." Even there,
> one finds that the terms for issuing patents differs
> among several classes of settlers, not the 50A per
> head generalization that is often stated.
>
> (2) The Library of Virginia offers the follwing:
>
> http://www.lva.lib.va.us/whatwehave/land/lonnabout.htm#patents.
>
> (3) The following article is a good survey of 18th
> century Virgnia land law:
>
> "What Genealogists should know about 18th Century
> Virginia Law"
>
> By Mr. John P. Alcock
> President, Friends of the Virginia State Archives
> Presented November 17, 1999
> At the Library of Virginia.
>
> (3) The Virginia General Assembly also used hearights
> as inducements to settle in newly opened lands WITHIN
> THE COLONY -- perhaps the first occasion being the
> opening of York County to settlement in 1640. Anyone
> willing to move there could receive 50A for each head
> of household and those within his household. These
> inducements were repeated many times over and even
> between colonies, as NC did to induce people to move
> to the Albemarle Region beginning ca. 1663 and South
> Carolina did to induce people to settle in the "back
> country" at least as early as 1730.
>
> So, again, the short answer to your question is that
> "it depends" upon the TIME and PLACE.
>
> jc
>
>
>
>
>
>
>
> --- Debra Jackson/Harold Forsythe
> <[log in to unmask]> wrote:
>
>
>> Isn't there some uncertainty about "quit dues" for
>> discharged indentured
>> servants? I thought at first it was believed that
>> they were given land and
>> then it was demonstrated that ex-servants were
>> provided rental land to
>> commence planting. It was certainly in the interest
>> of the Crown to see
>> everyone employed gainfully in Virginia, since the
>> tobacco tax was such a
>> large share of the Crown's independent (of
>> Parliament) income.
>>
>> Harold S. Forsythe
>> ----- Original Message -----
>> From: "Tamara" <[log in to unmask]>
>> To: <[log in to unmask]>
>> Sent: Friday, September 08, 2006 7:36 AM
>> Subject: Re: Information on Brunswick County
>> Genealogy
>>
>>
>>
>>> Not neccessarily,
>>>
>>> The persons brought to Virginia as headrights
>>>
>> received no land, only
>>
>>> those who paid their own passage or those of
>>>
>> others. The right to land due
>>
>>> by importing headrights could be sold to another
>>>
>> person before the patent
>>
>>> was issued. Patents were often issued years and
>>>
>> even decades after the
>>
>>> names of headrights were submitted, and the
>>>
>> headright did not necessarily
>>
>>> reside on the land described in the patent.
>>>
>>>
>>>
>>> Tamara Mitchell
>>>
>>>
>>> Anita Wills <[log in to unmask]> wrote:
>>> I am researching my Brunswick County line, and
>>>
>> received an updated
>>
>>> genealogy list from Paul Heinegg. Following is
>>>
>> information on my Evans
>>
>>> line beginning with Charles Evans. My Colonial
>>>
>> Virginia ancestors
>>
>>> resided throughout the Colony. My direct ancestor,
>>>
>> Sarah was the
>>
>>> daughter of Charles Evans (she is mentioned in his
>>>
>> Will). After her
>>
>>> fathers' death, Sarah sold his land, and moved to
>>>
>> Amherst County with
>>
>>> her husband Rawley Pinn. Thomas and Benjamin Evans
>>>
>> fought in the
>>
>>> Revolutionary War out of Amherst County, as did
>>>
>> Rawley Pinn.
>>
>>> I am interested in the Plantation owned by Charles
>>>
>> Evans, and if he
>>
>>> received a Headright to purchase land in
>>>
>> Lunenburg. I see a patent for
>>
>>> land, is that the same as a Headright?
>>>
>>>
>>> Anita Wills
>>>
>>> 8. Charles1 Evans, born say 1696, was sued for
>>>
>> debt in Brunswick
>>
>>> County court by Littlebury Epes in December 1735
>>>
>> [Orders 1732-37, 68].
>>
>>> He was called "Charles Evans a mulatto" in
>>>
>> December 1746 in Lunenburg
>>
>>> County when the court dismissed charges brought
>>>
>> against him by Andrew
>>
>>> Bresslar [Orders 1746-48, 81]. He received a
>>>
>> patent on 20 August 1747
>>
>>> for 120 acres on Stith's Creek in the part of
>>>
>> Brunswick County which
>>
>>> became Lunenburg County in 1748 and Mecklenburg
>>>
>> County in 1765
>>
>>> [Patents 28:135]. He was taxable in Lunenburg
>>>
>> County in the list of
>>
>>> Lewis Deloney in 1748, taxable in the list of
>>>
>> Field Jefferson in 1751
>>
>>> with his son Tom [Bell, Sunlight on the Southside,
>>>
>> 68, 166] and
>>
>>> taxable with Thomas and Major Evans in 1752 [Tax
>>>
>> List 1748-52, 1]. He
>>
>>> petitioned the Lunenburg County court in May 1753
>>>
>> to be exempt from
>>
>>> personal taxes, but was rejected "for Reasons
>>>
>> appearing to the Court"
>>
>>> [Orders 1753-54, 113]. He was granted 38 acres in
>>>
>> Lunenburg County in
>>
>>> the fork of Miles Creek and Dockery's Creek on 23
>>>
>> July 1753 [Patents
>>
>>> 31:337]. He left a 22 March 1760 Brunswick County,
>>>
>> Virginia will
>>
>>> (signing), proved 27 October 1760, leaving his
>>>
>> "mannor" plantation on
>>
>>> the south side of Dockery's Creek to his son Major
>>>
>> Evans, left an
>>
>>> equal quantity to his son Charles Evans and left
>>>
>> the residue of his
>>
>>> land on the southside of Dockery's Creek to son
>>>
>> Dick Evans on
>>
>>> condition they give twenty pounds or 100 acres of
>>>
>> land to his youngest
>>
>>> son Erasmus. He left a bed and furniture to his
>>>
>> daughters Sarah and
>>
>>> Joice, but left only a shilling to his "undutiful"
>>>
>> son Thomas [WB
>>
>>> 3:375-6]. He died before June 1760 when a suit
>>>
>> against him in
>>
>>> Lunenburg County court abated by his death [Orders
>>>
>> 1759-61, 136]. On
>>
>>> 18 October 1764 Sarah and Richard Evans sold about
>>>
>> 39 acres in the
>>
>>> fork of Miles and Dockery's Creek in Mecklenburg
>>>
>> County which was land
>>
>>> they had been given by Charles Evans [DB 1:514].
>>>
>> And on the same date
>>
>>> Sarah, Charles and Major Evans sold 120 acres on
>>>
>> Stith's Creek in
>>
>>> Lunenburg County adjoining Philip Morgan [DB
>>>
>> 8:356]. His children were
>>
>>> 17 i. Thomas3, born say 1734.
>>>
>>> 18 ii. Major1, born say 1735.
>>>
>>> 19 iii. Charles2, born say 1737.
>>>
>>> 20 iv. Richard1, born say 1740.
>>>
>>> v. Sarah.
>>>
>>> vi. Joyce.
>>>
>>> 21 vii. Erasmus, born say 1745.
>>>
>>>
>>>
>>>
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