after which he was gifted and qualified for government. God gave him another heart, vers. 9. yet all this did not make him king, till the people met for his inauguration, vers. 17. &c. and crowned him, and made him king in Gilgal, 1 Sam. xi. last verse. David was anointed by Samuel, and yet was a persecuted fugitive for several years, and never acknowledged formally king, till the men of Judah came and anointed him, 2 Sam. ii. 4. for if he had been king before, then there were two kings in Israel at one time, and David failed of his royal duty, in not punishing the murderer Saul; whereas himself says, he would not touch the Lord's anointed. Therefore the people made all kings, and that by choice and consent, without which they were no kings. Hence I argue, if the consent and choice of the people be so essentially necessary to the making of kings, then they who set up themselves against the consent of the body of the land, and without the choice of any, must be usurpers, not to be acknowledged for lawful kings; but the former is true, as is proven above: therefore.----Now plain it is, that this duke set up himself against the consent of the body, being excluded from the government by the representatives of England, and generally hated of all; who disdaining to wait upon the formal choice of any, but after he had paved his passage to the throne upon his brother's blood, did usurp the title without all law. 5. The second thing necessary for the legal constitution of a king by the people, is their compact with him: which must either be express or tacit, explicit or implicit. Two things are here to be proven, that will furnish an argument for disowning both the brothers. First, that there must be a conditional reciprocally obliging covenant between the sovereign and the subjects, without which there is no relation to be owned. Secondly, that when this compact is broken in all or its chiefest conditions by the sovereign, the peoples obligation ceases. The first I shall set down, in the words of a famous author, our renowned countryman Buchanan, in his dialogue 'de jure regni apud scotos. There is then (or there ought to be) a mutual compact between the king and his subjects', &c. That this is indispensibly necessary and essential to make up the relation of sovereign and subjects, may be proved both from the light of nature and revelation.