Tidewater Virginia

One common denominator that bound the early settlers together was water. Bays, rivers, creeks, streams, swamps, freshes, ponds, points, and landings served as important landmarks. Water was the access point to the land, and served as the access routes to settlement. We have given the name "Tidewater Virginia" to the geographic area that the Virginia colonists occupied. Therefore, an understanding of this aspect of settlement is key to realizing the impact that the rivers, and streams, and their "names" had on the records of this time period.




The five major waterways (rivers) made up the "main streets" and "broadways" of the early Virginia colony. These were the interstate system for settlement. To help understand this network of waterways, allow me to use a hand illustration. The figure to the right is the illustration.

Open your hand "palm up" and spread your fingers as if you are giving the number five. Straighten your wrist and pretend that your forearm is parallel to the ground. Your thumb should be almost straight up from the floor and your fingers opened in a fan like pattern. The palm of your hand represents the "Chesapeake Bay" with your thumb pointing approximately due north. The Chesapeake Bay follows your thumb almost due north to the settlement of Cecilius Calvert (Second Lord Baltimore), who's Charter to Maryland was granted in 1632. The remaining four fingers will represent the four major water ways to colonial settlement. The spaces between each finger represents a section of land, bordered on both sides by water. Your fingers represent the four major rivers, and will point roughly northwest to westward out of your palm. The first finger is the "Potomac River". It points northwest, and will lead ultimately to the future capital of our nation. The middle finger represents the "Rappahannock River". It almost parallels the Potomac River in its northwestern direction, and is the "highway" to my family's first land patent of 1673. The ring finger represents the "Charles River", which had a name change to "Yorke River". It splits into two branches, the "Mattaponi", and the "Pamunkey", some miles inland. The little finger will represent the "James River". It was the major waterway into the settlement, beginning at Jamestown. [No slight is intended by it being represented by the little finger.] The James River branches at the "Appomattox River", with the James River heading northwest and the Appomattox southwest. The tips of the fingers represent "the falls". This was the place were each river would descend from the Blue Ridge Mountains and "fall" into a level that would allow for transportation. This became known as the "fall line", and represented the end of the road for even canoes. The land masses between each finger were settled from the webs (the place were the fingers touch the palm of your hand) to the tips, beginning by the settlements along the James River. This contact point would represent the "mouth" (beginning) of the rivers, and would often be given landmarks called "points". The names of these points would become landmarks [street signs] to the ships arriving to the settlements. "Point Comfort" was the first name given the mouth of the James River! These beginning points were significant because they were often used as the starting locations of surveys for early land grants. A surveyor would begin his survey at a "point" and measure along the river bank in one mile segments. These mile segments would become the "mile markers" for identifying patents that had been given. Thus, when a patent would say "beginning 13 miles up river". It would be counted from these mile markers.

Where the wrist and palm join represents the entrance to the Chesapeake Bay area. The lower wrist and palm would be at the 37 degree parallel. This is important to recognize, since many of the early map makers could determine latitude with some accuracy.

So there you have it. the "Big Picture" of the settlement areas of "Tide Water" Virginia. Each land mass [the areas between each finger], was settled more or less in sequence from James River (little finger), to the Charles River (later Yorke River), to the Rappahannock River roadways. Special circumstances affected the Potomac River area because of conflicts between religious groups and commercial interests.

Gunter's Chain

When the first surveyor arrived in Virginia, early 1620s, he brought with him the latest scientific invention called "Gunter's Chain". Invented in 1620 by a mathematician Edmund Gunther, it was the most advanced instrument of its time. It became the surveyor's tool, and was used to mark off the land of Virginia. It was 22yards long (20 meters), and was divided into 100 links. This would make each link 6 foot, 6 inches long. Each link was a solid bar, carried on horseback, and hooked together to make various links. One link by 10 links square made 1 acre. [An area of 10 square chains.] In essence, 22 yards long = 66 feet = 4 perches = 1/10 furlong. [It actually was 20.1168 meters, but .1168 of a meter made little difference.] One mile was 5,280 feet = 80 chains. A square mile enclosed 640 acres.

Another measurement was the "rod". One rod = 16.5 feet = 5.5 yards = 5.0292 meters.
A "pole" was 1 square rod. This would be 16.5 feet x 16.5 feet.

These terms are frequently used in the surveys made in colonial Virginia. Now you know!

1 Rod = 16.5 feet = 5.5 yards = 5.0292 meters.

1 Pole = 1 square rod.

1 acre = 160 square rods = 10 square chains.

1 mile = 5,280 feet.

1 square mile = 640 acres.

A Gunter's Chain was 22 yards long (20 meters) and divided into 100 links.

22 yards = 66 feet = 4 perches = 1/10 furlong.

1 link = 6 foot 6 inches long.

Virginia Land Laws after 1713 (Part I)

An act was passed that in the future all surveys should be made by a surveyor duly sworn and commissioned. {By William and Mary College} The breath of each tract (survey) taken up should be at least one third its length, except where the courses were interrupted by streams, swamps, or bounds of previous patents. Next, this act stated that the surveyor should note on the plat how much of the tract was plantable and how much was not. For all previous grants [prior to 1713], one third should be accounted plantable, the remainder not. The grantee should be obliged to clear and tend three acres at least, for fifty acres of plantable land, and so proportionately for the whole tract. This was to take into account to reclaim three acres for every fifty acres of swamp, sunken ground or marsh, if any such was found to be in the survey. When three acres for every fifty acres in the tract was improved, the grantee was to put and keep on the land three head of neat cattle for every for every fifty acres of barren land. If the whole tract were barren and unfit for cultivation, the grantee was to erect a dwelling house, twenty feet by sixteen and to put and keep thereon three head of neat cattle for every hundred acres. If the land was fit for neither cultivation nor pasturage, to put and keep thereon one able hand for every hundred acres, to be employed in mining or quarrying stone. Thus, every three acres cleared and tended, or reclaimed should suffice to save from forfeiture forever, fifty acres in any part of the survey.

Wow, you can see that the colony of Virginia wanted the land to be used in the most effect way. This principle, improvements for valid patent became the standard process for land expansion westward for generations to come.

Virginia Land Laws (Part VII) Surveyor's fees

The surveyor's fees were to be paid in tobacco, collected by the sheriff, if necessary. For every survey made, plainly bounded as the directs, and for a plat of such survey, after the delivery of such plat, where the survey was not more than one thousand acres of land, cost 500 pounds of tobacco. For every one hundred acres contained in one survey above the first thousand acres would earn an additional 50 pounds of tobacco. For surveying a lot in town would cost 20 pounds. For a survey when hindered or stopped before completing the survey, to be paid by the party requesting the survey 250 pounds tobacco. For running every dividing line between parties cost 250 pounds. For surveying an acre of land for a mill was 100 pounds of tobacco. For land formerly patented and required to be resurveyed, the same fee as for land not before surveyed was charged. For an inclusive survey, as second fee was not paid for the part previously surveyed, but only for the new part. For an inclusive survey of several adjacent tracts previously surveyed the plat was made for ten shillings. For lands surveyed for one party and assigned to another, the assignee shall pay, if the other did not. For the benefit of the public, the tables of fees (costs) were to be set up in the secretary's office and in the courthouse of each county.

Indians were not allowed to alienate their lands to any but some of their own nation. All conveyances from them were declared void and heavy penalties were imposed on those who should purchase or procure conveyances from them. (the Indians) But, encouragement was given to those who would cultivate trade with the Indians.

These land laws were in force until 1713.

Virginia Land Laws (Part VI) The Surveyors

Surveyors were commissioned by the master of William and Mary College, which was founded 1693 under royal charter by King William III and Queen Mary II. The government confirmed only such surveys as had been made by surveyors so commissioned. Both surveyors and chain carriers were required to be sworn before the county court. Surveyors were required to see that every tract surveyed should be plainly bounded, either by natural bounds, marked trees or other artificial landmarks. These surveyors were to deliver plats of surveys to those for whom they were made within six months after the survey was made. They were not to deliver such plats to any other person till six months had elapsed. They were also required to enter every plat and survey in a book to be furnished him for that purpose within two months after the survey was made, The entries were to include all streams crossed in the course, and the boundaries and adjacent plantations. In June of each year, the surveyors were to return to the county clerk's office to be recorded there lists of all surveys, specifying for whom made, the quantities surveyed, and where situated.

A penalty was imposed on the surveyor for refusing to survey. It was provided that all entries should stand good till the surveyor gave notice that he was ready to survey. If the party [the one requesting the survey] failed to attend the surveyor within a month after such notice, his entry should be void. The county court might appoint inspectors of the surveyors' books to report on their condition and take care of them in case of the death or removal of the surveyor.

Virginia Land Laws (Part III) Treasury Rights

On the payment of five shillings for every fifty acres of land, the receiver-general of the revenues of the Colony was directed to deliver to any person desiring to take up vacant lands a certificate. A surveyor was then to lay off for the claimant the quantity expressed in such treasury warrants. The survey was then returned to the secretary's office so that a patent might be issued. Each claimant was limited to five hundred acres, unless he owned five or more tithable servants or slaves. In this case, he might take up two acres more for every tithable. [Tithable were the inhabitants of the colony upon whom a tax might be levied. In early Virginia a tax was usually imposed upon every male person over sixteen years of age. All white male servants and all imported slaves were included. The rule varied. Each county was divided into several tax precincts and a special commissioner was appointed in each to draw up an accurate list of the resident tithables.] Grants for more than four thousand acres in any one tract were prohibited, except in entries before made for larger quantities. Swamps, marshes and low grounds adjacent to patented high lands could not be taken up till one year after notice, in the presence of two witnesses, to the patentee of the highlands.

Pioneers to Cavaliers

My family to Kentucky were some of the first to settle in this new territory, thus pioneers. My family to Virginia were some of those who fled England at the close of the English Civil War, thus Cavaliers. [Cavaliers were those who had supported Charles I of England in his struggles with the Puritans and Parliament.]

For the colony of Virginia, one of the best historical record of this time period is called of all things "Cavaliers and Pioneers"! What a deal, my family in reverse! My first book in the series of records was obtained just out of high school, and as I type this post I have the copy in front of me. The publisher's introduction reads:

"The first printing of Cavaliers and Pioneers in 1934, undoubtedly represented one of the greatest contributions ever made to facilitate the study of early Virginia genealogy and history."

The Genealogical Publishing Company, Baltimore, Maryland reprinted copies in 1963, and in 1969. My copy is of course the 1969 edition. As time went on, the Virginia State Library, Richmond, started publishing the documents beginning in 1977. What followed was a series of Virginia land patent documents right up to the firing of George III, July 1776! This series has become the root of colonial Virginia tree climbing. The following gives an outline of this remarkable series:

Cavaliers and Pioneers: Abstracts of Virginia Land Patents and Grants...

Volume I, 1623 - 1666, abstracted and indexed by Nell Marion Nugent, 1934.

Volume II, 1666 - 1695, abstracted and indexed by Nell Marion Nugent, 1977.

[Nell Marion Nugent was the custodian of the Virginia Land Office from 1925 - 1958]

Volume III, 1695 - 1732, abstracted and indexed by Neill Marion Nugent, 1979.

Volume IV, 1732 - 1741, edited by Denis Hudgins, 1994.

Volume V, 1741 - 1749, edited by Denis Hudgins, 1994.

Volume VI, 1749 - 1762, edited by Denis Hudgins, 1998.

Volume VII, 1762 - 1776, edited by Denis Hudgins, 1999.

Standing upon the shoulders of these giants of genealogy, you can begin to explore the history and geography of your ancestors in colonial Virginia.

When Genealogy becomes Geography

The complexity of doing genealogy multiplies as one goes further back in time. As the world changes from what we know and experience, to that of our ancestor's world, understanding their world becomes invaluable. Each generation furthur back in time, becames a new world with new places to examine and learn. How did they live? How did they love? How did they survive? You will reach a point where the ancestor's world will becomae completely different from the world you know and think you understand. There will not be cell phones, computers...then...no regular phones, T.V.s...no radios...no electricity...no cars...no trains...no roads...no world as we know it! At some point, genealogy becomes our new way of understanding our old way. What fun!

One key area is geography. Genealogy will often become geography. Understanding the survice of the earth; its land, sea, and air, and how our ancetor's lived within it, will often be the way around many brick walls. This is especially true when one reaches the "frontier" where our ancester's began their lives. For me, it was in Virginia with Griffin Jones, Jr. and Sr. Owning land was the highest social symbol indicating that you had made it. In many places you had to own land to be able to vote and join the political process that ran the place. To control the land and its distribution was one of the most powerful positions. In Virginia this was done by the central government under the control of the monarchy. The central government was the "Kings" government since 13 May 1625, when "A Proclamation For Settling the Plantation of Virginia" was made by James I. This proclamation stated:

"And that our full resolution is, to the end that there may be one uniform course of government in and through our whole monarchy, that the government of the colony of Virginia shall immediatley depend upon ourself...".

A surveyor had already been sent in 1621 to make a survey of the Virginia Companies' land, and to make a map of the country. Making maps is essentially a way to understand the geography. In 1624, all rights and powers to the land were taken by the "Crown". [The Crown meaning the King's Government!] Making surveys became the law of the land. (more will be said about this)

Now the foundational references to understanding of this "land patent" process are a series of books titled: "Cavaliers and Pioneers, Abstracts of Virginia Land Patents and Grants...". The first book starts 1623 and runs until 1666. It was originally published in 1934, and reprinted in 1963. I obtained my first copy just out of high school, and have used this series of books more than any other! Thank you Nell Marion Nugent. Land surveys, an aid to understanding geography.