Simone Lawson
The Fundamental Constitutions of Carolina, also known as the Grand Model, was a set of governing proposals drafted in 1669 by John Locke and his patron, Anthony Ashley Cooper, the 1st Earl of Shaftesbury. The document was written for and signed by the eight Lord Proprietors, to whom Charles II had granted the colony. It was designed to establish a structured government that maintained loyalty to the English monarchy and asserted royal authority over colonial matters, while also outlining local governance for settlers.
| Characteristics | Values |
|---|---|
| Date of adoption | March 1, 1669 |
| Date of suspension | 1690 |
| Date of abrogation | April 1693 |
| Date of first publication | 1698 |
| Authors | John Locke, Anthony Ashley Cooper (Lord Shaftesbury) |
| Purpose | Protect proprietary interests and avoid the creation of a democracy |
| Religious tolerance | Yes |
| Influence on US Constitution | Religious tolerance and freedom from double-prosecution for the same crime |
| Influence on governance documents | Influenced later governance documents in Carolina and the United States |
| Land ownership | Detailed provisions regarding land ownership |
| Role of local nobility | Detailed provisions regarding the roles of local nobility |
| Progressive ideas | Religious tolerance, freedom from double-prosecution for the same crime |
| Resistance from settlers | Resistance from settlers who preferred a more flexible governance model |
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What You'll Learn
John Locke's authorship
John Locke is widely believed to have played a significant role in drafting the Fundamental Constitutions of Carolina. Locke was commissioned by Lord Anthony Ashley-Cooper, also known as the 1st Earl of Shaftesbury, and the other Lords Proprietors of the growing British colony of Carolina. Locke's service to Cooper and the fact that the Constitutions were drafted during this time lends support to the idea that Locke was more than just a paid secretary, as historian Holly Brewer argues.
Indeed, historian David Armitage and political scientist Vicki Hsueh assert that Locke and Cooper co-authored the document. This assertion is further strengthened by the fact that the Constitutions were the first printed work associated with Locke, predating his more famous writings such as "Essay Concerning Human Understanding" and "Two Treatises of Government". Voltaire also seemed to support Locke's authorship, advising, "Cast your eyes over the other hemisphere, behold Carolina, of which the wise Locke was the legislator."
Locke's philosophical views on human nature and political authority are reflected in the Constitutions, which introduced progressive ideas for the time, such as religious tolerance and freedom from double prosecution for the same crime. These ideas, along with Locke's belief that political problems were inherently linked to human nature, would later influence other colonial documents, including some of the founding documents of the United States.
However, it is important to note that the Fundamental Constitutions of Carolina also contained less liberal and more aristocratic elements than Locke's other works, promoting both aristocracy and slavery in North America. The document faced strong resistance from settlers who preferred a more flexible governance model, and ultimately, the Constitutions were never fully ratified or implemented.
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The role of Anthony Ashley Cooper
The Fundamental Constitutions of Carolina, also known as the "Grand Model", provided the framework for governance and society in the Carolina colony from 1669 to 1698. The document was drafted by the eight Lords Proprietors of the Province of Carolina, who were granted the colony by King Charles II.
During this time, John Locke was in the service of one of the Lords Proprietors, Anthony Ashley Cooper, the 1st Earl of Shaftesbury. It is widely alleged that Locke played a major role in drafting the Fundamental Constitutions, with historian David Armitage and political scientist Vicki Hsueh arguing that Locke and Cooper co-authored the document. However, historian Holly Brewer contends that Locke was merely a paid secretary, writing the document as a lawyer would write a will.
Anthony Ashley Cooper, as one of the eight Lords Proprietors, was directly involved in the creation and adoption of the Fundamental Constitutions of Carolina. Cooper, as the 1st Earl of Shaftesbury, was one of the key figures in the establishment of the Province of Carolina. He and the other Lords Proprietors were granted the colony by King Charles II, and they adopted the Fundamental Constitutions on March 1, 1669, as the framework for the government and society of the colony.
The Fundamental Constitutions introduced several controversial elements, including the promotion of both aristocracy and slavery. The document also established a framework for a representative assembly, allowing settlers a voice in their governance, which was significant during a period when many colonies operated under autocratic rule. The Constitutions encouraged a feudal social structure, with the exaltation of proprietors as noblemen at the apex of society. It also introduced a hereditary serfdom system, with members known as leetmen and leetwomen, who were under the command and jurisdiction of the noblemen.
The Fundamental Constitutions of Carolina were never fully implemented or ratified, but they did shape power dynamics and land distribution in the Carolinas. The document also gained attention for its level of religious tolerance, attracting various religious groups to the colony, including Quakers and Jews. However, the provisions promoting slavery and the absolute power of slaveholders over their slaves, such as Article 110, have been widely criticized.
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The influence of classical liberalism
The Fundamental Constitutions of Carolina, also known as the "Grand Model", provided the framework for the government and society of the Carolina colony from 1669 to 1698. The Constitutions were drafted during John Locke's service to Anthony Ashley Cooper, one of the Province of Carolina proprietors, leading to the widely held belief that Locke played a significant role in their creation. Historians David Armitage and Holly Brewer, however, argue that Locke's involvement was more akin to that of a paid secretary, drafting the document as a lawyer would a will.
The Fundamental Constitutions of Carolina were influenced by classical liberalism, particularly in their promotion of religious tolerance and safeguards for groups seeking religious refuge. Voltaire praised the level of religious tolerance in the Constitutions, noting the wise Locke's role as legislator. The Constitutions also introduced certain safeguards for groups seeking refuge for religious reasons, as outlined in Article 97. This article recognised the diverse religious beliefs of colonists and their expectation of religious freedom.
However, the Fundamental Constitutions of Carolina also contained elements that contradicted liberal ideals, particularly in their promotion of aristocracy and slavery. Article 110 of the Constitutions infamously 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 absolute power of life and death over their slaves, a stark contrast to the egalitarian and democratic principles associated with classical liberalism.
The Constitutions were also criticised for their exaltation of proprietors as noblemen at the apex of a hierarchically designed society. This feudal social structure was at odds with the more liberal and democratic ideals that emerged in the late 17th and early 18th centuries. While the Fundamental Constitutions of Carolina did reflect some liberal influences, particularly in the area of religious tolerance, they also embodied aristocratic and slaveholding values that clashed with emerging liberal democratic principles.
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Religious tolerance
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 during John Locke's service to one of the Province of Carolina proprietors, Anthony Ashley Cooper, leading to the widely held belief that Locke played a major role in their creation. Historians David Armitage and political scientist Vicki Hsueh argue that Locke and Cooper co-authored the document, while historian Holly Brewer contends that Locke was merely a paid secretary.
The Fundamental Constitutions of Carolina included provisions for religious tolerance, which was uncommon at the time. Article 97 of the document states:
> "...the natives who...are utterly strangers to Christianity, whose idolatry, ignorance, or mistake gives us no right to expel or use them ill; and those who remove from other parts to plant there will unavoidably be of different opinions concerning matters of religion, the liberty whereof they will expect to have allowed them...and also that Jews, heathens, and other dissenters from the purity of Christian religion may not be scared and kept at a distance from it...therefore, any seven or more persons agreeing in any religion, shall constitute a church or profession, to which they shall give some name, to distinguish it from others."
The Constitutions gave the right to worship and the right to constitute a church to religious dissenters to Christianity and outsiders such as Jews, idolater Indians, and heathens. Additionally, it was mandated that no man shall use any abusive language against any religion, as it disturbed the peace and hindered the conversion of any to the truth.
However, it is important to note that the Constitutions also contained less liberal elements, such as the promotion of aristocracy and slavery. Article 110 states:
> "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever."
This provision granted slaveholders absolute power of life and death over their slaves and reinforced the civil dominion of a master over his slaves, regardless of their religion.
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The persistence of 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 Constitutions were drafted during John Locke's service to one of the Province of Carolina proprietors, Anthony Ashley Cooper (1st Earl of Shaftesbury). Locke's involvement has led to allegations that he had a major role in the making of the Constitutions, with some historians even arguing that he co-authored the document with Cooper. However, others disagree, stating that Locke was merely a paid secretary, writing the document as a lawyer would write a will.
The Fundamental Constitutions of Carolina were a reactionary set of rules that encouraged a feudal social structure. They were designed to protect proprietary interests and avoid the creation of a democracy. The document was signed and sealed by the eight Lord Proprietors, to whom Charles II had granted the colony.
The Constitutions promoted both aristocracy and slavery in North America. 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 held that a master's civil dominion over his slaves was not altered by his being a Christian. The Constitutions also introduced safeguards for groups seeking refuge for religious reasons.
The Act of 1740 in South Carolina further codified the denial of rights for slaves under English common law, deeming them legal nonentities. Slaves were prohibited from testifying under oath, writing, and even playing musical instruments like drums and horns. This Act became the basis for the institution of slavery in South Carolina until 1865 and influenced slave codes throughout the South.
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Frequently asked questions
The Fundamental Constitutions of Carolina were drafted by John Locke for the British colony of Carolina. Locke was commissioned by Lord Anthony Ashley-Cooper, also known as the 1st Earl of Shaftesbury, and the other Lords Proprietors.
The Lords Proprietors were eight men to whom Charles II had granted the colony. They ruled the colony on behalf of the king.
The Fundamental Constitutions of Carolina were a set of governing proposals drafted to establish a structured government while maintaining loyalty to the English monarchy. The document aimed to provide a form of government and society for the colony, outlining local governance for settlers while asserting royal authority over colonial matters.
No, the Fundamental Constitutions were never fully employed nor ratified. The Constitutions were revised several times, but the Carolina settlers never accepted the proposal, preferring the more flexible arrangement in the original charter.
