Omar Bennett
The Fundamental Constitutions of Carolina, also known as the Grand Model, was a set of laws created in 1669 to establish a form of government and society for the Carolina colony. The Constitutions were designed to protect the interests of the Lords Proprietors, who were at the apex of Carolina's aristocratic society, and to avoid the creation of a democracy. While the Constitutions were never fully adopted, they did shape the political history of early Carolina as Carolinians sought to determine their own form of government. The Fundamental Constitutions of Carolina guaranteed settlers certain religious freedoms and the freedom to buy and sell lands, but also controversially promoted both aristocracy and slavery in North America.
| Characteristics | Values |
|---|---|
| Religious tolerance | Permitted settlement by "Heathens, Jews, and other dissenters" and the establishment of any church by seven persons except Catholics |
| Religious liberty | Allowed considerable religious freedom in the province |
| Religious freedom | All churches except Catholics secured the right to tax their members |
| Government | A complex structure of government with lords, proprietors, local nobility, and freemen |
| Land ownership | Emphasis on landownership and tenancy |
| Land sale | Freedom to buy and sell lands |
| Slavery | Authorised and protected slavery |
| Slaveholders' power | Granted slaveholders absolute power of life and death over their slaves |
| Political concessions | Granted more political concessions to the Carolinians |
| Political authority | Local political bodies secured more authority |
| Jury decisions | Non-unanimous jury decisions for criminal convictions |
| Written constitution | Insisted on a written constitution as the wellspring of authority |
| Legal document | Reflected crucial legal realities |
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What You'll Learn
Religious freedom
The Fundamental Constitutions of Carolina, also known as the "Grand Model", provided the form of government and society for the Carolina colony from 1669 to 1698. The Constitutions were drafted by John Locke, author of "Essay on the Human Understanding", and amended by Anthony Ashley Cooper, the Earl of Shaftesbury. They were designed to protect proprietary interests and prevent the creation of a democracy, instead promoting a feudal social structure with the Lords Proprietors at the apex of society.
While the Fundamental Constitutions of Carolina introduced less liberal and more aristocratic elements, they also included provisions for considerable religious liberty. The religious provisions permitted settlement by "Heathens, Jews, and other dissenters" and the establishment of any church by seven persons, except Catholics. This attracted Baptists, Huguenots, and Congregationalists to settle in Carolina prior to 1700. The Constitutions were published in English, French, and German to appeal to persecuted Protestants throughout Europe.
The level of religious tolerance in the Fundamental Constitutions was acclaimed by Voltaire, who advised, "Cast your eyes over the other hemisphere, behold Carolina, of which the wise Locke was the legislator." However, it is important to note that the Constitutions also included notorious Article 110, which stated: "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever." This provision granted slaveholders the power of life and death over their slaves and held that a Christian master's dominion over his slaves was unaffected.
The Fundamental Constitutions of Carolina were never fully adopted and were frequently repudiated by Carolinians as impractical and unrealistic. The complex structure of government prescribed by the Constitutions was difficult to establish in a small frontier province, and Carolinians preferred to determine their own form of government.
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Land ownership
The Fundamental Constitutions of Carolina, drafted in 1669, attempted to establish a feudal system of land ownership. The Lords Proprietors, who were at the apex of society, owned two-fifths of the colony's lands, with the remaining land belonging to freemen. The Lords Proprietors created new titles of nobility, such as landgraves and caziques (or caciques), who were similar to English barons. These nobles were granted land, or "manors", which they controlled along with the serfs who lived on them, known as leet-men.
The Fundamental Constitutions established a chain of tenancy, with the Lords Proprietors at the top, followed by the local nobility, and then the freemen. The freemen were those who owned land, and they had the right to buy and sell it. Any freemen who owned more than 50 acres had the right to vote, and those who owned more than 500 acres could become members of Parliament.
The Fundamental Constitutions also included provisions for the registration of deeds, leases, judgments, mortgages, and other land conveyances, which were to be recorded in a registry in each precinct. This ensured that all land transactions were properly documented and could be referenced if needed.
While the Fundamental Constitutions attempted to establish a feudal system, it was not fully implemented. The complex social structure and government it prescribed were difficult to establish in a small frontier province, and the colonists themselves often refused to abide by its laws, instead forging their own economic systems. The Constitutions were revised several times, and the final version issued in 1698 had lost most of its aristocratic provisions, indicating that the Carolinians had gained more control over their government.
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Political power
The Fundamental Constitutions of Carolina established a complex system of government with the Lords Proprietors at the apex of society, followed by provincial nobles (landgraves and cassiques or caciques), and freemen. Landless tenants, called leetmen, were at the base of this social pyramid. The Constitutions aimed to protect the interests of the proprietors and prevent the creation of a democracy.
The Constitutions introduced a feudal social structure, with an emphasis on landownership and tenancy. They also promoted both aristocracy and slavery in North America. Notably, Article 110 of the Constitutions stated that "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever." This provision granted slaveholders the power of life and death over their slaves and reinforced the civil dominion of a master over his slaves, regardless of religious affiliation.
While the Fundamental Constitutions recognised noble titles and erected a hereditary nobility, they also provided for considerable religious liberty. The religious provisions permitted settlement by "Heathens, Jews, and other dissenters" and the establishment of any church by seven persons, except for Catholics. These provisions attracted Baptists, Huguenots, and Congregationalists to settle in Carolina before 1700.
The Constitutions were amended multiple times to grant more political concessions to the Carolinians and make them more practical and appealing to prospective settlers. Despite these efforts, the Constitutions were never fully adopted and were frequently repudiated by Carolinians as unrealistic and impractical. The complex structure of government they prescribed required a large number of settlers of all classes, making it challenging to establish in a small frontier province.
In North Carolina, the Constitutions proved unenforceable, as settlers refused to live on manors and instead chose to manage their small farms independently. Similarly, in South Carolina, colonists forged their own economic system, relying on enslaved African labour from Barbados. By the close of the seventeenth century, the Fundamental Constitutions had been revised into obsolescence.
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Slavery
The Fundamental Constitutions of Carolina, also known as the "Grand Model", provided the form of government and society for the Carolina colony from 1669 to 1698. The main purposes of the Fundamental Constitutions were to protect proprietary interests and to avoid the creation of a democracy. The Constitutions established a Carolina aristocracy, with the Lords Proprietors at the apex of society, followed by provincial nobles and then freemen.
The Fundamental Constitutions were drafted during John Locke's service to Anthony Ashley Cooper, one of the Province of Carolina proprietors, and it is widely alleged that Locke had a major role in their creation. However, Locke's later writings show how his ideas formed in reaction to the societal vision propounded by the Fundamental Constitutions. Some scholars argue that Locke's early involvement in the Fundamental Constitutions is evidence of his cooperation with Charles II's plans to promote slavery and hierarchy in the empire.
The Fundamental Constitutions were never fully employed nor ratified. In North Carolina, the Constitutions proved unenforceable, with settlers refusing to live on manors and instead managing their own small farms. In South Carolina, colonists refused to accept the established laws and forged their own economic system, dependent on enslaved African labor from Barbados. By the close of the seventeenth century, the Fundamental Constitutions had been revised into obsolescence.
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Aristocracy
The Fundamental Constitutions of Carolina established an aristocratic social structure, with the Lords Proprietors at the apex, followed by provincial nobles and freemen. The aim was to create a government with lords, mirroring the monarchy, and avoiding democracy. This was a highly structured, complex system of government, which has been deemed feudalistic.
The provincial nobles were called landgraves and cassiques (or caciques), and these titles could be passed from father to son. These nobles were granted privileges such as being tried only by a jury of their peers. Below the nobles were the freemen, who were expected to affirm their allegiance to the proprietors and their support of the Fundamental Constitutions in writing. At the base of the social pyramid were landless tenants, called leetmen.
The Fundamental Constitutions also introduced provisions for religious liberty, permitting settlement by "Heathens, Jews, and other dissenters" and the establishment of any church by seven persons, with the exception of Catholics. This proved appealing to Baptists, Huguenots, and Congregationalists, who settled in Carolina prior to 1700.
While the Fundamental Constitutions were intended to be unalterable, they were frequently repudiated by Carolinians as impractical and unrealistic. The complex structure of government required a large number of settlers of all classes, which could not be established in a small frontier province. The Constitutions were also difficult to implement for practical reasons, and the proprietors had to amend the rules five times. Ultimately, the Fundamental Constitutions were never fully adopted, and the settlers of Carolina determined their own form of government.
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Frequently asked questions
The Fundamental Constitutions of Carolina were designed to protect the interests of the Lords Proprietors and to avoid the creation of a democracy. The document established a feudal social structure with the Lords Proprietors at the apex of society.
The Fundamental Constitutions of Carolina guaranteed settlers religious liberty, with the freedom to settle for "Heathens, Jews, and other dissenters", and the establishment of any church except Catholic churches. The Constitutions also secured the freedom to buy and sell land, and local political bodies were granted more authority.
No, the Fundamental Constitutions of Carolina were never fully employed or ratified. The complex structure of government prescribed by the Constitutions was impractical for a small frontier province, and settlers in North and South Carolina refused to accept the established laws.
