change them. If controversy arose over the
line, the two surveyors accompanying the party were to run the line
anew, disputes were to be equitably settled, and the line so laid out to
be final. For administration of processioning, the county court was to
order the vestry to divide each parish into as many precincts as
necessary, and the time set in 1661/62 for processioning was between
Easter and Whitsunday (seventh Sunday or fiftieth day after Easter). The
time was changed in 1691 to the months from September to March as a more
convenient period. To assure enforcement of the law, provisions for
penalties were included--1,200 pounds of tobacco for any vestry not
ordering the processioning and 350 pounds of tobacco for individuals who
failed to participate without good reason.
Still other problems concerning land patents related to two important
conditions stipulated for perfection of the title to land--the first,
"seating and planting," and the second, the collection of a quitrent.
With the exception of some of the early grants, the patents of
seventeenth-century Virginia required "seating and planting" of the
tract within three years. As shown in the form used by Governor William
Berkeley during the 1660's, if the patentee "His heirs or assignes doe
not seate or plant or cause to be planted or seated on the sayd land
within three years next ensueing, then it shall be lawful for any
adventurer or planter to make choyse or seate thereupon." The time limit
was extended as the exigency demanded. Because of losses from the Indian
massacre of 1644, of the shortage of corn, and of the need for
additional servants, the Assembly ruled that persons affected by the
massacre were permitted three additional years to comply with the
requirement for "seating and planting." Following the Indian
disturbances of Bacon's Rebellion, the time period for plantations that
were attacked was extended to seven years from the date the Assembly
passed the act in 1676/77.
Generally speaking, however, the requirement for "seating and planting"
was not carried out effectively, and there was little forfeiture because
of noncompliance. In 1657/58 the Assembly recognized the right for
patents to be issued on order of the Governor and Council for land
"deserted for want of planting within the time of three yeeres." But
even if such forfeiture did occur, the original patent holder was
authorized to take up additional land elsewhere in the colony with
|