Answer to Mr. Solicitor’s Objections (1678)

Introduction

Written in 1678, the Answer to Mr. Solicitor’s Objections was a legal rebuttal defending the proprietary governance of New York under the Duke of York. It responded to criticisms raised by the Solicitor General of England, who questioned the legitimacy of colonial lawmaking and the extent of proprietary authority. The document asserted that New York’s government operated within the bounds of English law and chartered rights.

Core Arguments

• Defense of Proprietary Authority: The Duke of York’s charter granted him full rights to appoint governors and establish laws within the colony, consistent with English precedent.
• Legitimacy of Colonial Courts: The document affirmed the validity of New York’s judicial system, including trial by jury and due process protections.
• Local Legislation: It argued that colonial laws were valid so long as they were not “repugnant to the laws of England,” a standard used in other chartered colonies.
• Rebuttal of Parliamentary Overreach: The response rejected the notion that colonial statutes required prior approval from Parliament, emphasizing the autonomy granted by royal charter.
• Protection of Settler Rights: It defended the colony’s commitment to property rights, religious toleration, and representative governance.

Impact and Legacy

• The document reflected early colonial resistance to centralized imperial control, foreshadowing later constitutional debates.
• It helped preserve the legal and political structure of New York during a period of increasing scrutiny from England.
• Its principles influenced the 1683 Charter of Liberties and Privileges, which formalized many of the rights defended in this response.

Though not widely circulated, the Answer to Mr. Solicitor’s Objections stands as a key moment in the legal evolution of colonial autonomy.

Sources:
British History Online – House of Commons Journal, July 1678
James Madison University Library – Catalog Entry
Nanyang Technological University – Library Record