a neutral zone between
the present location of Washington, D.C., and New York City, provision
was made for a distance of at least 100 miles to separate the sites that
might be selected by the two companies.
As stated in the charter of 1606, "all the lands, tenements, and
hereditaments" were to be held "as of our Manor at East-Greenwich in the
County of Kent, in free and common soccage only, and not in capite." The
"Manor at East-Greenwich" refers to the residence of King James I at the
royal palace of Greenwich and was used as a descriptive term in many
grants to indicate that the land in America was also considered a part
of the demesne of the King. The land was held not "in fee simple" with
absolute ownership, a concept which was not a part of English law at the
time; but it was granted "in free and common soccage" with the holder a
tenant of the King with obligations of fealty and of the payment of a
quitrent. The fixed rent replaced the service, military or personal,
required under feudal law; and the socage tenure in effect did not
subject the land to the rules of escheat or return of the land to the
King if inherited by minors or widows. For Englishmen in America, the
"Instructions for the government of the colonies" in 1606 were explicit
in showing that their legal and tenurial rights were the same as
residents of the mother country by stating that "All the lands,
tenements, and hereditaments ... shal be had and inherited and enjoyed,
according as in the like estates they be had and enjoyed by the lawes
within this realme of England."
Government by the charter of 1606 provided for a strong exercise of
control by the crown over the colonies of both companies. This was
achieved through the establishment of the Council for Virginia that was
appointed by the King, was resident in England, and answered to the King
through the Privy Council for its actions. For local control of each
company, authorization was made for a Council in America with its
initial membership determined by the Council for Virginia and with a
president selected by the local group.
Few details were given either in the charter or "Instructions" of 1606
about distribution of land. Provisions did state that grants of land in
the colony would be made in the name of the King to persons whom the
local Council "nominate and assign"; but no details were given of the
method of land distribution. From the scant records that survive, it is
evident that
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