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could be more jull than the judgment he paffed upon the
books, which fell into his hands. He prefently faw
through the defign of a work ; and without much
heeding the words, which he ran over with vail: rapidity,
he immediately found whether the author vas mailer of
his fubjedl, and whether his teafonlngs \^■erc exad. But,



* Chancellor of England in the reign of Charlci II,

M 4 above



S 'The Char an CY rf Mr. Loc\'.

above all, Mr. Locke admired in him that penetration,
that prcrcnccof mind, which always prompted him with
the bcfl expedients, in the moll dcfperatc cafes; that
noble boldncfs, which appeared in all his public difcourfes,
always guided by a lolitl judgment, which, never allow-
ing him to fay any thing but what was proper, regu-
lated his leall word, and left no hold to the vigilance of
his enemies.

During the time Mr. Locke lived with that illufliiois
lord, he had tlie advantage of becoming acquainted with
all the polite, the witty, and agreeable part of the court.
It was then that he got the habit of thofc obliging and
benevolent manners, which, fupported by an eafy and
polite cxpreflion, a great knowledge of the world, and
a vaft extent of capacity, made his converfation io
agreeable to all forts of people. It was then too, with-
out doubt, that he fitted himfelf for the great affairs, of
V hich he afterwards appeared fo capable.

I know not w herher it was the ill Hate of his health,
that obl'ged him, in the reign of king William, to re-
f'T- ■- ;n<r ambaflador to one of the mofl: confiderable
1 pAirope. It is certain that great prince
jUw^Lcl him worthy of that poft, and no-body doubts
but he w ould have filled it glorioully.

The fame prince, after this, gave him a place among
the lords commifiioncrs, whom he ellabliflicd for ad-
vancing the interelt of trade and the phuications. Mr.
'. /)cke executed that e'mployment for feveral years ; and
u is faid (abfit invidia verbo) that he was in a nianncr
the foul of that ilUiftrious body. The moll experienced
iMcrchants were furprifed, that a man, who had fpent
i^l^ life in the lludy of phyfic, of polite literature, or of
i>' ! fc)i)hy, Ihould have more extenfive and certain
'•an themfclves, in a bufincfs which they had
'icd thcmfelves to from their youth. Ac
ii Mr. Locke could no longer pafs the fum-
I at London, without endangering his life, he went
" \ that oflice to the king hiuifelf, up/on account
Ith would permit him to llay no lougLr in
town. Ihis reafon did not hinder the king from en-
iicaiing ^'•. f .r,cke to continue in his poll, telling him

cxprefsly^



n-e CharaFIer of Mr. Locke. 169

exprefsly, that, though he could ilay at London but a
few weeks, his fcrvices in that oftice would yet be very
neceflarv to him ; but at length he yielded to the rc-
prefentationo of Mr. Locke, who could not prevail upon
himfelf to hold an employment of that importance,
w^ithout doing the duties of it more regularly. He
formed and executed this defign without mcntiojiing a
word of it to any body whatfoever; thus avoiding, with
a generolity rarely to be found, what others would have
earneftly laid out after; for by making it known that he
was about to quit that employment, which brought him
ill a thoufand pounds a year, he might eafily have en-
tered into a kind of compofition with any pretender,
who, having particular notice of this news, and being
befriended with Mr. Locke's intcreft, might have car^
ried the poft from any other perfon. This, we may be
fure, he was told of, and that too by May of reproach.
^' I knew it very well, replied he; but this was the very
^' reafon why I communicated my defign to no-body.
'^ I received this place from the king himfelf, and to
'^ him I refolved to reflore it, to difpofe of it as he
*' thought proper." *' Heu prifca fides!" Where arc
fuch examples, at this day, to be met with ?

One thing, which thole who lived for any time with
Mr. Locke could not help obferving in him, was, that
he took a delight in making ufe of his reafon in every
thing he did; and nothing, that is attended with any
ufefulnefs, feemed unworthy his care; fo that wc may
fay of him, what was faid of queen Elizabeth, that he
v/as no lefs capable of fmall things than of great. He
iifed often to fay himfelf, that there was an art in
every thing; and it was eafy to be convinced of it, to
fee the manner in which he went about the moft triHing
|:hing.he did, and always with fome good reafon. I
might here dcfcend into particulars, which probably,
to many, would not be unplcafant ; but the bounds I
have fet rnyfelf, and the fear of taking up too many pagei
in your joLn"nal, will not give me leave to cfo it.

Mr. Locke, above all things, loved order; and he had
got the way of obferving it in every thing with wonder^
ful cxadtncfst



j-Q The Characlcr of Mr, Locke.



As he always kept the ufcful in his eye, in all hisdif-
miilitions, he cftccmccl the employments of men only in
proportion to the good they were capable of producing;
for which reafon he had no great value for thofc critics,
or mere grammarians, that waftc their lives in compar-
ing words and phrafcs, and in coming to a determina-
tion in the choice of a various reading, in a palfage that
has nothing important in it. He cared yet lefs for thofc
profcUed difputants, who, being wholly taken up with
the defire of coming off -with the vi(ftory, fortify thcm-
fclves behind the ambiguity of a word, to give their ad-
Tcrfaries the more trouble. And whenever he had to
deal Nvith this fort of folks, if he did not beforehand
take a ftrong refolution of keeping his temper, he
quickly fell into a pafTion. And, in general, it mull be
owned, he was naturally fomewhat choleric. But his
anger never lalled long. If he retained any refentment,
it was againd himfelf for having given way to fo ridi-
culous a palhon ; which, as he ufed to fay, may do a
great deal of harm, but never yet did the lead good. He
often would blame himfelf for this wcaknefs. Upon
uhich occafion, 1 remember, that two or three weeks
before his death, as he was fitting in a garden taking tJie
air in a bright fun-fliine, whole warmth afforded him n
great deal of pleafure, which he improved as much as
polliblc, by cauhng his chair to be drawn more and more
towards the fun, as it went down ; we happened to fpeak
of Horace, I know not on what occafion, and having
repeated to him thefe verfes, where that poet fays^ oif
hunfelf, that he was

Solibus aptum ;
Irafci cclerem, tamen ut placabilis cflem :

*' That hr loved the warmth of the fun, and that,
** though he vsas naturally choleric, his anger \\as eafily
*• appealed." Mr. Locke replied, that, if he durll
prefumc to compare himfelf with Horace in any thing,
he thought he was pcrfedly like him in thofe two re-
fpcCts. Jiut, that you may be the lefs lurprized at his
inodcfty, upon this occalion, 1 mull, at the fame time,
inform you, that he looked upon Horace to be one of

the



' The CharaHer of Mr. Locke. 171

the wifefl and happiefl Romans that lived in the age of
Auguftus, by means of the care he took to prcfervc
himfclf clear of ambition and avarice, to keep his delircs
within bounds, and to cultivate the fricndlhip of the
greatelt men of thofe times, without living in their de-
pendence.

Mr. Locke alfo di (liked thofe authors that labour
only to dedroy, without eftablifliing any thing thcm-
felves : *' A building, faid he, difpleafes them. They
*' find great faults in it; let them demolifh it, and weU
*^ come, provided they endeavour to raife another in its
*^ place, if it be pollible.'*

He advifed, that, whenever we have meditated any
thing new, we Ihould throw it as foon as pofiiblc upon
paper, in order to be the better able to judge of it by
feeing it all together ; becaufe the mind of man is not
capable of retaining clearly a long chain of confequences,
and of feeing, without confulion, the relation of a great
number of different ideas. Beiides, it often happens,
that what we had mod admired, when confidcred in the
grofs, and in a perplexed manner, appears to be utterly
inconfiftent and unfupportable, when we fee every pai-t
of it diftinclly.

Mr. Locke alfo thought it neceflliry always to com-
municate one*s thoughts to fome friend, efpccially if
one propofed to offer them to the public; and this was
•what he conftantly obferved himfelf. He could hardly
conceive how a being of fo limited a capacity as man,
and fo fubjeclto errour, could have the confidence to
negled: this precaution.

Never man employed his time better than Mr. Locke,
as appears by the works he publiihed himfclf; and per-
haps, in time, we may fee new proofs of it. He fpent
the laft fourteen or fifteen years of his life at Oatcs, a
country-feat of fir Francis Mafham's, about five and
twenty miles from London, in the county of Effex. I
cannot but take pleafurc in imagining to myfclf, that
this place, fo well known to fo many pcrfons of merit,
whom 1 have fcen come thither from fo many parts of
England to vifit Mr. Locke, will be famous to pofle-
ri ty, for the long abode that great man made there.

Be



, Y 2 ^-f't- Cbaracler of Mr, Locke.

Ik that as it may, it was there that enjoying fometimcs
the convcrfiition of his fricntlH, and always the company
of my lady Malliam, for whom Mr. Locke had long
conceived a very particular efiecm and friendfhip (in
j'pitc of all that lady's merit, this is allthe eulogium Ihc
lliall have of mc now) he tailed fwects, which were in-
terrupted by nothing but the ill Hate of a weakly and
delicate conftitution. During this agreeable retirement,
lie applied himfelf efpecially to the Ihidy of the Holy
Scripture; and employed the lall years of his life in
hardly any thing elfe. He was never weary of admir-
ing the great views of that facrcd book^ and the juft
relation of all its parts ; he every day made difcoverics
in it, that gave him frcih caufc of admiration. It is
flrongly reported, in England, that thofe difcoverics will
be communicated to the public. If fo, the Avholc
world, I am confident, will have a full proof of what
was obferved by all that were near Mr. Locke to the
lall: part of his life; I mean, that his mind never fuf-r
Icrcd the leafl: decay, though his body grew every day
vilibly weaker and weaker.

His flrength began to fail him more remarkably than
ever, at the entrance of the laft fummer; a feafon which^
in former years, had always reftored him fome degrees
of ftrength. Then he forefaw that his end was vcr)
near. lie often fpoke of it himfelf, but always with
great compofure, though he omitted none of the pre^
cautions, which his lliill in phylic taught him, to pro-
long his life. At length, his legs began to fwcll; and,
that fwelling increafing every day, his ftrength dimi-
nilhcd very vifibly. He then faw how Ihort a time he
luid left to live, and prepared to quit this world, with a
deep fen fe of all the bkrHngs which God had grantetl
him, which he took delight in numbering up to his
friends, and full of a lincere refignation to his will, and
of firm hopes in his promifes, built upon the word of
Jefus ChriiV, fent into the world to bring to light life
and immortality, by his gofpcl.

At length, his flrength failed him to fuch a degree,
that, the 26th of Odtober, 1704, two days before his

de^th|



nc Character of Mr. Locke. ij^

death J going to fee him in his clofct, I found him on
his knees, but unable to rife again without airillance.

The next day, though he was not woric, he would
continue a-bed.' All that day he had a greater difficulty
of rcfpiration than ever, and about five of the clock, in
the evening, he fell into a fweat, accompanied with an
extreme wcaknefs, that made us fear for his life. He
was of opinion himfelf, that he was not far from his lail
moment. Then he defired to be remembered at even-
ing prayers; thereupon my lady Mailiam told him, that,
if he would, the whole family fliould come and pray by
him in his chamber. He anfwcred, he Ihould be very
glad to have it fo, if it would not give too much trou-
ble ; there he was prayed for particularly. After this,
he gave fome orders with great ferenity of mind; and,
an occafion offering of fpeaking of thegoodnefs of God,
he efpecially exalted the love which God fliowed to man,
in juilifying him by faith in Jefus Chrifl. He rcturncJ.
him thanks, in particular, for having called him to the
knowledge of that divine Saviour. He exhorted alL
about him to read the Holy Scripture attentively, and
to apply themfclves fincercly to the praiftice of all their
duties ; adding, exprefsly, that ** by this means they
*' would be more happy in this world, and fecure to
^' themfelves the poilciiion of eternal felicity in the
'' other.'* He pad the whole night without flecp.
The next day he caufcd himfelf to be carried into his
clofet, for he had not ilrength to walk by himfelf; and
, there in his chair, and in a kind of dozing, though in
his full fenfes, as appeared by what he faid from time to
time, he gave up the ghoU about three in the afternoon^
the 28th of October.

I beg you, fir, not to take what I have faid of Mr.
Locke's character for a iinilhcd portrait. It is only a
flight fkctch of fome few of his excellent qualities. I
am told we fl\all quickly have it done by the hand of a
mailer. To that i refer you. Many features, 1 am
fure, have cfcajDcd me ; but I dare affirm, that thofe,
vhich I have given you a draught of, are not fct off uith
faiic colours, but drawn faithfully from the life.

I mult



ly^ ^^-^'^ CharaHcr of Mr, Locke,

I mud: not omit a particular in Mr. Locke's will,
^vhich it is of no fmall importance to the common-
wealth of learninjj; to he acquainted with; namely, that
therein he declares what were the works which he had
publiHicd without fctting his name to them. The
occafion of it was this: fome time before his death. Dr.
Hudfon, keeper of the I^odleian library at Oxford, had
defired him to fend him all the works with w hich he had
favoured the public, as well thofe w ith his name as thofc
without, that they might be all placed in that famous
library. Mr. l.ocke fent him only the former; but in
his w ill he declares he is refolved fully to fatisfy Dr.
Hudfon; and to that intent he bequeaths to the Bod-
leian library a copy of the rell of his works, to which
he had not prefixed his name, viz. a Latin ** Letter
concerning Toleration," printed at Tergou, and tranf-
lated fome time afterwards into Knglifh, unknown to
Mr. Locke; two other letters upon the fame fubjccl, in
anfwer to the objeclions made againft the firfl: ; ** The
** Reafonablencfs of ChriRianicy," with two Vindica-
tion?5 of that book ; and *' Two Treatifes of Govcrn-
** mcnt.** Thefc are all the anonymous works which
Mr. Locke owns himfelf to be the author of.

For the red, I fliall not pretend to tell you at what
age he died, bccaufc I do not certainly know it. I have
often heard him fay, he had forgot the year of his birth;
but that he believed he had fet it down fome where. It
has not yet been found among his papers ; but it is com-
puted that he was about lixty-iix.

Though I have continued fome time at London, a
city very fruitful in literary neus, I have nothing curi-
ous to tell you. Since Mr. Locke departed this life, I
have hardly been able to think of any thing, but the lofs
of that great man, whofe memory will always be dear to
mc; happy if, as I admired him for many years, that I
was near him, I could but imitate him in any one rc-
fjK'c't ! 1 am, with all linccrity, Sir, your, c^cc.



THE



[ 175 ]



HE



FUNDAMENTAL CONSTITUTIONS



OF



CAROLINA.



OUR foverelgn lord the king having, out of his royal
grace and bounty, granted unto us the province of
Carolina, with all the royalties, properties, jurifdiclions,
and privileges, of a county palatine, as large and ample
as the county palatine of Durham, with other great pri-
vileges, for the better fettlement of the government of
the faid place, and eftablifliing the intereft of the lords
proprietors with equality, and without confufion; and
that the government of this province may be made moft
agreeable to the monarchy under which we live, and of
which this province is a part; and that we may avoid
ereding a numerous democracy : we, the lords and pro-
prietors of the province aforefaid, have agreed to thii
following form of government, to be perpetually eflab-
liflied amongft us, unto which we do oblige ourfclvcs,
our heirs, and fuccefibrs, in the moft binding ways that
can bedevifed/

I. THE



176 The Lares of CaroUna,

<

I. TIIF cldcd of the lords proprietors fliall be pala-
tine; and, upon the dcccafe of the palatine, the tldcfr
of the I'evcn furviving proprierors iJiall always fujceed
him.

n. There fliall be fevcn other chief ofliccs erecled,
\i'A. the admiral's, chamberlain's, chanccllnr's, conlla-
blc*s, chief-jullice's, high-flcward's, and treafurer's ;
Mhich places lliall be enjoyed by none but the lords pro-
prietors, to beadigned at lirll by lot; and upon the va-
cancy of any one of the fcven great ofTiccs by death, or
otheruife, the cldefl: proprietor lliall have his choice of
the fa id place.

III. 'i'he whole province fliall be divided into coun-
ties; each county Inall coniiil: of eight fignioncs, eight
baronies, and four prccinCts ; each precinct fljall confill:
of fix colonies.

IV. Each figniory, barony, and colony, fliall confifl:
of twelve thouiand acres; the eight ligniorics being the
(hare of the eight proprietors, and the eight baronies of
the nobilitv; both which Ihares, being each of them one
fifth pirt of the whole, aic to be perpetually annexed,
the one to the proprietors, the other to the hereditary
nobility, leaving the colonics, being three fifths, amongft
the people: that fo in fetting out, and planting the
lands, the balance of the government may be preferved.

V. At any time before the year one thoufand feven
hundred and one, any of the lords proj^rietors iliall have
power to rLliiU|uini, alienate, and difpofe to any other
perfon, his juoprietorfliip, and all the figniorits, pow ers,
and inttrell thereunto belonging, wholly and entirelv
together, and not otherwife. But, after the year one
thoufand {c\Qn hundred, thofe, who are then lords pro-
prietors, lliall not have power to alienate or niake over
their proprietorlhip^ with the lignorics and privileges
thereunto belonging, or any part thereof, to anv perfon
whatfoever, oiherwifc than as in § xviii. but it fliall all
defcend unto their heirs-male ; und, for want of heirs-
male, ir fliall all defcend on that landgrave, or cafTique,
of Carolina, who is defcended of the next heirs-femalc
of the proprietor; and, for want of fuch heirs, it ihall
defcend on the next heir-general ; and, for want of fuch

heii-



The Laws of Carolina. jjn

heirs, the remaining feven proprietors fliall, upon the
vacancy, choofc a landgrave to fucceed the decealed pro-
prietor, who being chofen by the majority of the fcven
furviving proprietors, he and his heirs, fucccfTively,
fhall be proprietors, as fully, to all intents and purpofes,
as any of the refb.

VI. That the number of eight proprietors may be
conflantly kept ; if, upon the vacancy of any proprie-
torfhip, the i^even furviving proprietors fhall not choofe
a landgrave to be a proprietor, before the fecond
biennial parliament after the vacancy ; then the next
biennial parliament but one after fuch vacancy fliall have
power to choofe any landgrave to be a proprietor.

VII. Whofoever after the year one thoufand feven
hundred, either by inheritance or choice, fliall fucceed
any proprietor in his proprietorfliip, and figniories
thereunto belonging ; fliall be obliged to take the namiC
and arms of that proprietor, whom he fucceeds; which
from thenceforth fliall be the name and arms of his
family and their poflerity.

VIII. Whatfoever landgrave or cafiique fliall any way
come to be a proprietor, ihall take the flgniories an-
nexed to the faid proprietorfhip ; but his former dig-
nity, with the baronies annexed, fliall devolve into the
hands of the lords proprietors.

IX. There fliall be jufl: as many landgraves as there
are counties, and twice as many cafliques, and no more.
Thefe fliall be the hereditary nobility of the province,
and by right of their dignity be members of parliament.
Each landgrave fliall have four baronies, and each caflique
two baronies, hereditarily and unalterably annexed to>
and fettled upon the faid dignity.

X. The firft landgraves and cafliques of the twelve
firft counties to be planted, fliall be nominated thus ;
that is to fay, of the twelve landgraves, the lords pro-
prietors fliall each of them feparately for himfcif, no-
minate and choofc one; and thje rem.aining four land-
graves of the firfl: twelve, fliall be nominated and chofen
by the palatine's court. In like manner, of the twenty-
four firlt cafliques, each proprietor for hinifelf fhall
nominate and choofe two, and the remaining eight flull

Voi. IX, N be



178 Ihe Lazis 0/ Carolina.

be nominated and chofcn by the palatine's court; and
\ihcn the twelve firft counties Ihall be planted, the lords
proprietors fliall again in the flinie manner nominate and
choofe twelve more landgraves, and twenty-four cafTiques
tor the twelve next counties to be planted ; that is to
lay, two-thirds of each nunibcr by the fingle nomina-
tion of each proprietor for himfelf, and the remaining
one-third by the joint election of the palatine's court,
and fo proceed in the fame manner till the whole pro-
vince of Carolina be fet out and planted, according to
the proportions in thefe Fundamental Conftitutions.

XI. Any landgrave or callique at any time before the
vear one thoufand i'Q.\tii\ hundred and one, fliall have
(X)wer to alienate, fell, or make over to any other per-
Ibn, his dignity, with the baronies thereunto belonging,
all intirely to<^ether. But after the year one thoufand
Icven hundred, no landgrave or cailique fliall have
power to alienate, fell, make over, or let the hereditary
baronies of his dignity, or any part thereof, otherwife
than as in § xviii; but they Ihall all intirely, with the
dignity thereunto belonging, defcend unto his heirs
male ; and for want of heirs male, all intirely and un-
divided, to the next heir general ; and for want of fuch
heirs, Ihall devolve into the hands of the lords pro-
prietors.

XII. That the due number of landgraves and
cairiques may be always kept up ; if, upon the devolu-
tion of any landgravelhip or calliquelhip, the palatine's
court fliall not fettle the devolved dignity, with the
baronies thereunto annexed, before the fecond biennial
parliament after fuch devolution; the next biennial
parliament but one after fuch devolution lliall have
power to make any one landgrave or callique, in the
room of him, who dying without heirs, his dignity and
baronies devolved.

XIII. No one perfon fliall have more than one dig-
nity, with the figniories or baronies thereunto belong-
ing. But whenfocvcr it fhall happen, that any one,
who is already proprietor, landgrave, or callique, fliall
have any of thefe dignities defcend to him by inherit-
ance, it ihall be at his choice to keep which of the dig-

nitici.



ne Lazvs of Carolina, l-y^

nities, with the lands annexed, he fhall like beft; but
Ihall leave the other, with the lands annexed, to be en-
joyed by him, who not being his heir apparent, and
certain fuccelTor to his prefent dignity, is next of blood.

XIV. Whofoever, by right of inheritance, fliall come
to be landgrave or caflique, fliall take the name and
arms of his predeceffor in that dignity, to be from
thenceforth the name and arms of his family and their
pofterity.

XV. Since the dignity of proprietor, landgrave, or
caflique, cannot be divided, and the iigniories or baro-
nies thereunto annexed muft for ever all intirely defcend
with, and accompany that dignity; whenfoever for want
of heirs male ii ihall defcend on the ifTue female, the
eldefl: daughter and her heirs fliall be preferred ; and in
the inheritance of thofe dignities, and in the iigniories
or baronies annexed, there Ihall be no coheirs.

XVI. In every ligniory, barony, and manor, the re-
Ipedive lord fliall have power in his own name to hold
court-leet there, for trying of all caufes both civil and
criminal ; but where it fhall concern any perfon being
no inhabitant, vaflal, or leet-man of the faid figniory,
barony, or manor, he, upon paying down of forty fliil-
iings to the lords proprietors ufe, iliall have an appeal
from the figniory or barony-court to the county-court,



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