Although only Parliament had the right to naturalize non-citizens, colonial government officials, including those in Virginia, adapted British concepts of naturalization to meet their own needs. It is important to note that when Virginia was a colony, those who were already citizens of England, Ireland, and Scotland did not need to be naturalized.
In March 1657/8, Virginia's General Assembly passed an act setting the conditions for those who were not citizens to become denizens (or subjects) of the colony of Virginia. These individuals must have lived in the colony for four years, and were required to take the oath of fidelity in the court of the county where they resided. Children of non-citizens who had taken the oath of fidelity could also take the oath upon arriving at legal age (Hening 1:486). Denizens were able to purchase, hold, and dispose of land; additionally, they could engage in trade. However, they were not allowed to hold public office.
In September 1671, the General Assembly passed a naturalization act that required those seeking naturalization to petition the General Assembly, take an oath of allegiance and supremacy to the crown, and pay a fee. The petitioner had to intend to be a permanent resident. This act gave recipients the right to inherit land and to have all the inherent rights of a native-born Englishman (Hening, 2:289-290). Naturalization gained in Virginia did not always extend to other colonies.
In June 1680, the General Assembly passed a third naturalization act, granting the governor or commander-in-chief of the colony the power to naturalize individuals, once they had taken an oath of allegiance (Hening, 2:464).
In 1705, the General Assembly passed a general act for naturalization. This act had three provisions: (1) letters of naturalization could be granted by the governor or commander-in-chief of the colony; (2) individuals who applied were required to take an oath appointed by Parliament; and (3) all persons who purchased land from non-citizens were granted clear title to that land (Hening, 3:434-435).
Not until November 1738 did the General Assembly pass further legislation concerning naturalization. This act provided for the governor or commander-in-chief of the colony to grant letters of naturalization to individuals on receiving a certificate from a county court clerk confirming that the individual had taken the oath appointed by Parliament (Hening, 5:58).
Colonial denization and naturalization records may be found in The Statues of Large, which compiles Virginia’s early laws, as well as in the Journals of the House of Burgesses. The editors drew from the same original sources for the first volumes of these series.
Records may also be found in local minute or order books that chronicle every action that came before the court, including the taking of oaths of allegiance and requests to re-record naturalization records that were originally filed in England or decades earlier in Virginia.