Malcolm Rivera
The Fundamental Constitutions of Carolina, also known as the Grand Model, was a set of laws that provided the framework for the colony's government and society. It was adopted on March 1, 1669, by the eight Lords Proprietors of the Province of Carolina, which included the land between present-day Virginia and Florida. The Constitutions were drafted to protect the interests of the proprietors and prevent the establishment of a democracy. While it was never fully implemented or ratified, it did shape power dynamics and land distribution in the Carolinas. The document was controversial due to its exaltation of proprietors as noblemen and the introduction of a hereditary nobility system, including the titles of palatine, landgrave, and cacique. It also established a feudal government structure, with limited political power for colonists and no representation for enslaved people.
| Characteristics | Values |
|---|---|
| Date of adoption | 1 March 1669 |
| Authors | Eight Lords Proprietors of the Province of Carolina |
| Co-authors | John Locke and 1st Earl of Shaftesbury (Anthony Ashley Cooper) |
| Purpose | To protect proprietary interests and avoid the creation of a democracy |
| Government type | Feudal, headed by nobles with titles of Palatine, Landgrave, and Cassique (or Cacique) |
| Religious freedom | Yes, encouraged immigration of religious refugees |
| Land distribution | Proprietors and noblemen owned two-fifths of the colony's lands |
| Amendments | Five |
| Suspension | 1690, 1693 |
| Number of constitutions | 120 |
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What You'll Learn
John Locke's authorship
John Locke is often credited with the authorship of the Fundamental Constitutions of Carolina. Locke was a physician and the secretary to Lord Ashley, who later became the Earl of Shaftesbury and one of the eight Lords Proprietors of the Province of Carolina. Locke wrote the Fundamental Constitutions in 1669, and it set up a system of nobility and serfs.
The Fundamental Constitutions of Carolina was a legal document that provided the framework for the colony's government and society. It was drafted during Locke's service to Anthony Ashley Cooper, also known as the 1st Earl of Shaftesbury, and it is widely alleged that Locke had a significant role in its creation. Historians David Armitage and political scientist Vicki Hsueh argue that the Constitutions were co-authored by Locke and Cooper. Locke's later writings, such as the Two Treatises of Government, became famous after the Glorious Revolution of 1689, bringing attention to his role in the Fundamental Constitutions.
However, some disagree with the extent of Locke's authorship. Historian Holly Brewer argues that Locke was merely a paid secretary, and that he wrote the Fundamental Constitutions as a lawyer would write a will. The document was written for, signed, and sealed by the eight Lord Proprietors, to whom Charles II had granted the colony. The Fundamental Constitutions introduced a feudal government and society, with the Proprietors at the apex of a hierarchically designed social structure.
The Fundamental Constitutions included less liberal and more aristocratic elements compared to Locke's later, more famous writings. It promoted aristocracy and slavery in North America, granting slaveholders absolute power of life and death over their slaves. It also introduced a hereditary serfdom system, with members known as leetmen and leetwomen, who were under the command and jurisdiction of noblemen.
Despite these controversial elements, the Fundamental Constitutions did include certain progressive elements. It introduced safeguards for groups seeking refuge for religious reasons, and its level of religious tolerance was acclaimed by Voltaire, who referred to "the wise Locke [who was] the legislator" of Carolina. Locke's influence can also be seen in the Constitution of North Carolina, which allowed the General Assembly to choose the state executive and judicial officers.
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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 during John Locke's service to one of the Province of Carolina proprietors, Anthony Ashley Cooper, leading to the belief that Locke played a major role in their creation. Historians David Armitage and political scientist Vicki Hsueh argue that the Constitutions were co-authored by Locke and Cooper, also known as the 1st Earl of Shaftesbury. However, historian Holly Brewer contends that Locke was merely a paid secretary, writing the Fundamental Constitutions as a lawyer would a will.
The Fundamental Constitutions were "reactionary" and "experimented with a non-common law system designed to encourage a feudal social structure". The document was written for, signed, and sealed by the eight Lord Proprietors to whom Charles II had granted the colony. The Constitutions introduced a hereditary nobility and serfdom system, with the Lords Proprietor and noblemen owning two-fifths of the Colony's lands.
The Constitutions included provisions for religious freedom, which was quite broad for 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. All religious bodies were protected by law if they had at least seven people who believed in a God to be worshipped and provided a basis to swear or affirm truthful statements. This protection extended to dissenting Protestant sects, Roman Catholics, Jews, and pagans, including various Native American religions.
The level of religious tolerance portrayed in the Constitutions was acclaimed by Voltaire, who advised, "Cast your eyes over the other hemisphere, behold Carolina, of which the wise Locke was the legislator." The Constitutions introduced certain safeguards for groups seeking refuge for religious reasons. Carolina is one of only three American colonies, along with Rhode Island and Pennsylvania, that never had a functioning legal religious establishment.
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Hereditary nobility
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, the author of the Essay on Human Understanding, and amended by the Earl of Shaftesbury, also known as Anthony Ashley Cooper. Locke's role in the making of the Constitutions is widely alleged, but some historians argue that he was merely a paid secretary.
The Constitutions were designed to encourage a feudal social structure, including the erection of a hereditary nobility. This was done through the creation of two new titles: cassique (or cazique) and landgrave. These titles would be passed down from father to son and their holders would be the hereditary nobility of the province, with the right to sit in Parliament. Each county would have one landgrave and two caziques. The first landgraves and caziques would be nominated by the lords proprietors.
The lords proprietors and the noblemen owned two-fifths of the Colony's vast lands. The caziques and landgraves were granted privileges such as being tried only in the Chief Justice's Court and being found guilty only by a jury of their peers.
The Fundamental Constitutions also introduced a hereditary serfdom system, with members called leetmen and leetwomen, who were under the command and jurisdiction of the noblemen they served.
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Land distribution
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 document was written for and signed by the eight Lord Proprietors to whom Charles II had granted the colony.
The Constitutions established a feudal system of government and society, complete with elaborate courts, manors, and serfs. Each colony was to consist of twelve thousand acres, with eight colonies for the proprietors and eight for the nobility, and the remaining three-fifths of the land to be left for the people. This ensured that the balance of government was preserved.
The Lords Proprietor and the noblemen owned two-fifths of the Colony's lands. The noblemen were granted special privileges, such as being tried only in the Chief Justice's Court and being found guilty by a jury of their peers.
The Constitutions also introduced a hereditary serfdom system, with members called "leetmen" and "leetwomen". These individuals were under the command and jurisdiction of the noblemen they served, similar to slaves.
The Fundamental Constitutions outlined that every manor shall consist of not less than three thousand acres and not above twelve thousand acres. The lords of signiories and baronies could grant estates for up to three lives or twenty-one years in two-thirds of said signiories or baronies, with the remaining third always being demesne. Additionally, a lord of a manor could sell or dispose of his manor to another person and their heirs, but no grant could be made for a longer term than three lives or twenty-one years, as it would not stand against the next heir.
The document also included provisions for land registration and conveyancing. It stated that there shall be a registry in every precinct where all deeds, leases, judgments, mortgages, and other conveyances concerning lands within that precinct shall be enrolled. It further specified that no man shall be a register of any precinct without at least three hundred acres of freehold within that precinct.
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Democracy
The Fundamental Constitutions of Carolina, also known as the "Grand Model", was a document that provided the framework for the colony's government and society from 1669 to 1698. It was created by the eight Lords Proprietors of the Province of Carolina, which included the majority of the land between present-day Virginia and Florida. The main purpose of these Fundamental Constitutions was to protect the interests of the proprietors and to avoid the establishment of a democracy.
The Lords Proprietors sought to establish a feudal system of government, with a hierarchy of nobles at its apex. They created new titles such as cassique and landgrave, which could be inherited by their sons, and which came with special privileges. The Constitutions also introduced a hereditary serfdom system, with members known as leetmen and leetwomen, who were under the command of the noblemen.
The document included a number of rules and provisions that proved difficult to implement in practice, leading to several amendments. For example, the original draft prohibited the sale or purchase of land, and all settlers were required to pledge their allegiance to the proprietors. This draft was sent to the colonies in 1669 and 1670, but it faced opposition from settlers in Albemarle and Charles Town. As a result, the 1670 draft was amended to encourage settlement, allowing any church to be established by any seven people, except Catholics. This change attracted Huguenots, Baptists, and Congregationalists to the colony.
The Fundamental Constitutions also included a level of religious tolerance that was considered forward-thinking for its time, and it introduced safeguards for groups seeking refuge for religious reasons. Voltaire praised this aspect of the Constitutions, stating, "Cast your eyes over the other hemisphere, behold Carolina, of which the wise Locke was the legislator."
While the Fundamental Constitutions of Carolina never came into full force or received ratification, they did shape power dynamics and land distribution in the Carolinas. The colonists had concerns about the exaltation of proprietors as noblemen and the practical difficulties of implementing certain rules. As a result, the proprietors had to amend the rules five times, and the Constitutions were eventually repealed following the Glorious Revolution against James II.
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Frequently asked questions
The Fundamental Constitutions of Carolina were co-authored by John Locke and his patron, the 1st Earl of Shaftesbury, also known as Anthony Ashley Cooper. Locke was a philosopher whose later works became famous, and Cooper was his patron.
The Fundamental Constitutions of Carolina were adopted by the eight Lords Proprietors of the Province of Carolina on March 1, 1669.
The Fundamental Constitutions of Carolina provided a framework for the colony's government and society, aiming to protect proprietary interests and prevent the establishment of a democracy. It introduced a feudal system with a hereditary nobility and recognised noble titles.
