Daniel was minister successively of the Assyrian who subjugated Judah, and of the Persian who subjugated Assyria. Nay, Jesus himself, who was, according to the flesh, a prince of the house of David, had, by commanding his countrymen to pay tribute to Caesar, pronounced that foreign conquest annuls hereditary right and is a legitimate title to dominion. It was therefore probable that great numbers of Tories, though they could not, with a clear conscience, choose a King for themselves, would accept, without hesitation, a King given to them by the event of war.609On the other side, however, there were reasons which greatly preponderated. The Prince could not claim the crown as won by his sword without a gross violation of faith. In his Declaration he had protested that he had no design of conquering England; that those who imputed to him such a design foully calumniated, not only himself, but the patriotic noblemen and gentlemen who had invited him over; that the force which he brought with him was evidently inadequate to an enterprise so arduous; and that it was his full resolution to refer all the public grievances, and all his own pretensions, to a free Parliament. For no earthly object could it be right or wise that he should forfeit his word so solemnly pledged in the face of all Europe. Nor was it certain that, by calling himself a conqueror, he would have removed the scruples which made rigid Churchmen unwilling to acknowledge him as King. For, call himself what he might, all the world knew that he was not really a conqueror. It was notoriously a mere fiction to say that this great kingdom, with a mighty fleet on the sea, with a regular army of forty thousand men, and with a militia of a hundred and thirty thousand men, had been, without one siege or battle, reduced to the state of a province by fifteen thousand invaders. Such a fiction was not likely to quiet consciences really sensitive, but it could scarcely fail to gall the national pride, already sore and irritable. The English soldiers were in a temper which required the most delicate management. They were conscious that, in the late campaign, their part had not been brilliant. Captains and privates were alike impatient to prove that they had not given way before an inferior force from want of courage. Some Dutch officers had been indiscreet enough to boast, at a tavern over their wine, that they had driven the King's army before them. This insult had raised among the English troops a ferment which, but for the Prince's prompt interference, would probably have ended in a terrible slaughter.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. English liberty would thenceforth be held by a base tenure. It would be, not, as heretofore, an immemorial inheritance, but a recent gift which the generous master who had bestowed it might, if such had been his pleasure, have withheld.
William therefore righteously and prudently determined to observe the promises contained in his Declaration, and to leave to the legislature the office of settling the government. So carefully did he avoid whatever looked like usurpation that he would not, without some semblance of parliamentary authority, take upon himself even to convoke the Estates of the Realm, or to direct the executive administration during the elections. Authority strictly parliamentary there was none in the state: but it was possible to bring together, in a few hours, an assembly which would be regarded by the nation with a large portion of the respect due to a Parliament. One Chamber might be formed of the numerous Lords Spiritual and Temporal who were then in London, and another of old members of the House of Commons and of the magistrates of the City. The scheme was ingenious, and was promptly executed. The Peers were summoned to St. James's on the twenty-first of December. About seventy attended. The Prince requested them to consider the state of the country, and to lay before him the result of their deliberations. Shortly after appeared a notice inviting all gentlemen who had sate in the House of Commons during the reign of Charles the Second to attend His Highness on the morning of the twenty-sixth. The Aldermen of London were also summoned; and the Common Council was requested to send a deputation.611It has often been asked, in a reproachful tone, why the invitation was not extended to the members of the Parliament which had been dissolved in the preceding year. The answer is obvious. One of the chief grievances of which the nation complained was the manner in which that Parliament had been elected. The majority of the burgesses had been returned by constituent bodies remodelled in a manner which was generally regarded as illegal, and which the Prince had, in his Declaration, condemned. James himself had, just before his downfall, consented to restore the old municipal franchises. It would surely have been the height of inconsistency in William, after taking up arms for the purpose of vindicating the invaded charters of corporations, to recognise persons chosen in defiance of those charters as the legitimate representatives of the towns of England.