When this last instruction was read to the Council, they must have shifted uneasily in their seats, for most of them held land which they did not cultivate. Fourteen years earlier Edward Randolph had reported this to the Lords of Trade. The reason the colony was so thinly settled, he thought, was that poor men would not go there "because members of the Council and others who made an interest in the government, have from time to time procured grants of very large tracts of land." Thus newcomers and indentured workers on becoming free were forced to be tenants or go to the utmost bounds of the colony. The remedy, he suggested, was to force payment of arrears of quit rents and prohibit for the future grants of more than 500 acres.[1]
Both Nott and Hunter had been instructed to cancel patents for land of any who neglected to cultivate even a small part of their holdings. So now Spotswood, in the face of bitter opposition, restricted all grants to 400 acres unless the patentee showed that he was able to meet this requirement. In 1710 he tried to satisfy the Lords of Trade by pushing through a law stating what should be considered satisfactory seating, and in 1713 another making the regulations still more specific.[2]
The chief effect of these acts was to arouse the resentment of the Council. They assented to them in their capacity as the Upper House of the Assembly because they dared not flaunt openly the commands of the British government. But they found means to make them inoperative. The rumor was spread throughout the colony that the attorney general in England had ruled that no lands patented prior to the passage of these acts was liable to forfeiture. To ease men's fears, several large landholders purposely refused to pay quit rents. Even John Grymes, the deputy auditor into whose hands the quit rents were paid, himself remained in arrears "to show no danger in that law."[3] Spotswood admitted that the law was a failure when he wrote in 1718: "No man in Virginia has yet had land granted away for non-payment of quit rents."
When Spotswood came to Virginia there were many complaints of hard times. The war in Europe had proved disastrous to the tobacco trade, the flow of hogsheads to the continent of Europe had been reduced to a trickle, tobacco piled up in the British warehouses, the merchants left a part of each crop on the planters' hands, and the price dropped lower and lower. Many of the poorer farmers were in rags, and some began to raise sheep and to spin and weave. The salaried class, especially the clergy, were in dire straits also, since they were paid in tobacco, often of the lowest grade.