Fundamental Constitutions of Carolina

[1] The Constitutions were "reactionary" and "experimented with a non-common law system designed to encourage a feudal social structure", including through the use of non-unanimous jury decisions for criminal convictions.

[citation needed] Colonists' main concerns over the document were its exaltation of proprietors as noblemen at the apex of the hierarchically designed society.

In the view of historian David Armitage[6] and political scientist Vicki Hsueh, the Constitutions were co-authored by Locke and his patron Cooper, known also as 1st Earl of Shaftesbury.

[5] After Locke's later writings became famous (after the Glorious Revolution of 1689), his role brought attention to the Constitutions, particularly for their value in the context of classical liberalism.

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 notorious 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."

(Article 107)[11] Brewer argues 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, but that in fact Locke's later writings show how his ideas formed in reaction to the societal vision propounded by the Fundamental Constitutions and other efforts of Charles II and his Privy Council to promote both hierarchy and slavery across the empire.

(Article 27) The Constitutions introduced also a hereditary serfdom system, the members of which were called leetmen, in addition to slavery.