[610] What, in such circumstances, was likely to be the effect of a proclamation announcing that the commander of the foreigners considered the whole island as lawful prize of war?
It was also to be remembered that, by putting forth such a proclamation, the Prince would at once abrogate all the rights of which he had declared himself the champion.

For the authority of a foreign conqueror is not circumscribed by the customs and statutes of the conquered nation, but is, by its own nature, despotic.

Either, therefore, it was not competent to William to declare himself King, or it was competent to him to declare the Great Charter and the Petition of Right nullifies, to abolish trial by jury, and to raise taxes without the consent of Parliament.

He might, indeed, reestablish the ancient constitution of the realm.

But, if he did so, he did so in the exercise of an arbitrary discretion.