Jus regiminis, being a justification of defensive arms in general and consequently, of our revolutions and transactions to be the just right of the kingdom.

CHAP. IV.

Examination of some different Opinions. Kings, though nominated by God▪ yet had their Confirmation by the People on their own▪ tearms; and have a just right to chuse or reject, to limit and bound them.

HAving thus demonstrated the absolute necessity and profitableness of 〈◊〉〈◊〉 the final end and efficient cause, and just right thereof▪ where▪ and in whom vested; wherein I have not used cunningly devised Sophismes, or 〈…〉〈…〉 to the custom of some Priests and Jesuits) but plain demonstration of Truth ac∣cording to the Law of God, of Nature, and of Reason: neither 〈◊〉〈◊〉 I singular in th••se Positions, and Fundamental Basis, and right of all just Dominion, but have followed herein Judicious Hooker, that English Oracle, and Padre Paolo that Oracle of 〈◊〉〈◊〉 and divers others: And whoever will peruse the Collection of the Authors 〈◊〉〈◊〉 Gol∣dastus, or the Avant-Proposdes Lettres &. Embassade de Missire, Philipe Canays 〈◊〉〈◊〉 de Fresne, wherein are the Names and Titles of 145 Tracts, wherein you 〈…〉〈…〉 di∣vers good Authors of the judgment, back'd with sound Reasons for such 〈…〉〈…〉 But because nothing can be so advisedly, so carefully, so punctually 〈◊〉〈◊〉 as to escape the contradictions of subtle prevaricating and perverse wits I shall 〈◊〉〈◊〉 the li∣berty to examine the different Opinions of some others, and those not 〈…〉〈…〉 but shall not clog this Paper with many Names, it's enough to name 〈…〉〈…〉 viz. It's certain that Kings have their Power from none but God: boldly said▪ 〈…〉〈…〉 be justified by any Law of God, of Nature, or of Reason, it is pure 〈…〉〈…〉 Doctrine, and diametrically opposite to those who affirm, That all 〈…〉〈…〉 Laws of God and Nature, is immediately in the Multitudes, as in its 〈…〉〈…〉 confer the same on one or more, by the same Laws of God and Nature: The 〈…〉〈…〉 give, is, Obj. That by Natures Law no Man can give that which he hath 〈…〉〈…〉 hath just power of his own Life and Death, or Members, therefore much less of 〈…〉〈…〉 therefore the People cannot establish Government, because they have 〈…〉〈…〉 or Death, no not of their own, and therefore cannot confer any such power 〈…〉〈…〉 who gives Life, hath that Power, and they to whom he gives it. Sol. No more hav•• Kings without some lawful Power conferred on them so to do; which they cannot 〈◊〉〈◊〉 have immediately from God, and therefore must have it aliunde, viz. from and by consent of others. Hence that Command, Thou shalt not kill, Exod. 20. 13. wh••s•• sheds 〈…〉〈…〉 by Man shall his blood be shed. At the hand of every beast will I require it▪ 〈…〉〈…〉 hand of man, at the hand of every man's brother will I require the life of man; G••n. 9. 〈…〉〈…〉 Thou shalt not kill, is the general Precept of God and Nature, and obligeth 〈…〉〈…〉 pri∣vate Men. And whoso shedeth mans blood, by man shall his blood be shed; by 〈…〉〈…〉 is, by the Magistrates, whose Power is here established for sheding the Blood 〈…〉〈…〉 Murderers: as the Chaldee expresseth it, saying, With Witnesses▪ by 〈◊〉〈◊〉 of the Judges, shall his Blood be shed; which was one of the Seven Commandments given to the Sons of Noah, which is confirmed by the more particular Laws and Judgments esta∣blished by God himself, Numb. 25. 9. 34. The man slayer shall not die, until he stand before the Congregation (not before the King) in judgment▪ ver. 13. And the Congregation (not the King) shall deliver the slayer out of the hand of the reve••ger of blood▪ and the Congregation (not the King) shall restore him to the city of his refuge, &c. By which it manifestly appears, That the Avenger of Blood, i. e. the Magistrate appointed for that purpose was to be governed by the Congregation. Here not a word for the Kings in the case, but much for the governed.

In summ, Though no particular Man, Kings, or others, have Power to destro•• ••••••m∣selves and be guiltless▪ yet the 〈◊〉〈◊〉 People, the Congregation of the governed, by the 〈◊〉〈◊〉 of God and Nature, have a just right to make Sanguinary Laws (observing God's 〈◊〉〈◊〉 to take away any of their own lives, if transgressors: And Kings have no more▪ 〈◊〉〈◊〉 just Right to take away the Life of any Man, but what is deligated to them by public•• Con•••••••• of the governed, expressed in their Laws: if otherwise, i•• they will violently 〈◊〉〈◊〉 ••o take away the life of any private Man, then resistance may by the Law of Nature be made by force. Two striving together cannot both have just Right; but of necessity, that if he that useth force, do it lawfully, the defence must be unlawful: and where the force is unlawful, the defence must needs be lawful: And vim vi repellere, is always to be understood of that force,

which is unjustly used. He that doth violence to the life of a man, by man shall his blood be shed, Gen. 9. 6. Lawful power of Life and Death, Kings cannot now personally and immediately have from God, and therefore must have it from, and by consent of the governed.

And what Powers Kings thus have, the same have all other Forms of Government: Therefore it is easily granted, that Men having no such Power, cannot transfer any such, and that they that do are but felones de se, and sin as much as they that fall on the points of their own Swords; for that which is not permitted to us to do against our selves, we cannot justly commit to others to do: so that upon the whole matter it is the Law that hath the power of Life and Death, to which both Governors and Governed are alike subject. And they that live under another Government, as most Heathens do, do not live, but languish, dwinder, and pine away. When the People of Israel were governed by Judges about Four hundred and fifty years together, there was no King then▪ yet the Laws against Murder, &c. were put in execution then; and why is it not as lawful now, as then, for any Form of Government (be it Aristocracy, Democra∣cy, or any other Form whatsoever) to execute the Laws (not contradicting the Laws of God and Nature) made by common consent? And without all doubt, those Kings sit surest on their Thrones, and serve God and their Subjects best, that so Reign, and so Govern by consent of the People. So Jepthah by consent of the elders of Israel, was made their head by covenant: and the Lord was chose witness between them, Judg. 11. 6, 7, 8, 9, 10. And so is God still Witness to this day between Kings and their People when they Reciprocally Swear to conditions: so the elders of the tribe of Judah anointed David King over the house of Judah, 2 Sam. 2. 4. which shewed their consent, power and in∣terest, though set over them by God's own appointment.

So Saul, whom God did chuse, yet he sent him to all the People to have their consent and approbation, which they unanimously testified and declared by their general shooting, and crying God save the King, 1 Sam. 10. 24. And all the people made Saul King before the Lord in Gilgal, chap. 11. 15. whereby it is manifestly apparent that com∣mon consent hath the approbation of God himself, the Judg of all the Earth, and that there∣with he is very well pleased. So when the Elders of Israel came to Samuel to Ramah, 1 Sam. 8. 4, 6. when he was old and not like to live long, and his Sons not walking in his ways, and consequently not likely to Govern as they ought; they desired him to make them a King to judg them like all the Nations. Which thing not only displeased Sa∣muel, but even God himself▪ for that they refused to be governed by God himself, who had delivered them out of the hand of their Enemies on every side; so that they dwelt safely under that Government that God had erected and established: and though Samuel had told them, that the custom and manner of those Kings of Nations (Heathens, and who lived without God in the World, whose Government they were so fond▪ off) was, to take their sons and appoint them for themselves, for their chariots, to be their horse▪men, and to run before their chariots: And would appoint them captains over thou∣sands, and over fifties, and will set them to ear their grounds, and to reap their harvest, to make instruments of war, and of his chariots. And would take their daughters to be confecti∣oners, cooks, and bakers: and would take their fields, vineyards, and olive-yards, even the best of them, and give them to their servants: And would take their men servants, and their maid servants, and their goodliest young men, and their asses, and put them to his work: and would take the tenth of their sheep, &c. 1 Sam. 8. contrary to the Precepts God had pre∣scribed for Kings to Govern by, Deut. 17. 14, 15, 16, 17, 18, 19. A Government very ill becoming and befitting God's own People and Inheritance. But no sooner had they experimented their new fancied Governments, but they were as soon weary of it, and then perceived and confessed, that their wickedness was great that they had done in the sight of the Lord in asking a King▪ and besought Samuel to pray for them, that they might not dye, for that they added to all their sins the great evil to ask a King, 1 Sam. 12. Of such esteem and prevalency is Publick Consent, with God himself, that he waved his own Omnipotent Prerogative, to gratifie a rebellious and ungrateful Nation, in grant∣ing them their desire▪ A Document to all Kings to hearken unto the publick desires of their People: And also to consider, that it was a Crime and a Wickedness in those days to set up Kingly Government.

Since the Days of the Prophets (which were until John, Luke 16. 16.) It is manifest that God hath devolved the Right of chusing Kings on the People. 1. By his own Precept, Deut. 17. 14, 15, 16, 17. with Instructions whom they shall, and whom they shall not chuse, viz. one from among the brethren shalt thou set King over thee: thou mayest not set a stranger over thee, which is not thy brother▪ 2. By the constant practice of the

jews under the Prophets, and since. And not without this moral reason, That one from among themselves being by their consent and suffrages set King over them, that what Authority soever they grant unto Kings, they may acknowledge to have had it from the People; and therefore obliged more readily to imploy all their times, studies, strengths, and endeavours for the good of them, who set them over themselves to take the burden of the Government upon their Shoulders: and therefore they con∣sent to pay them all Honour, allow them great Priviledges and Prerogatives, and give them Munificent Tributes and Maintainance for the Support of them and the Govern∣m nt; and swearing Allegiance unto their Kings, and the Kings swearing unto the People, to keep Faith with them in the due performance and execution of the Laws already made, and to be made.

The reason formerly set down doth warrant this, viz. No Man hath or can have any lawful Power to Govern Kingdoms and States, but he must have it either immediately from God himself (which no Man now can possibly pretend unto) or by consent of the Pa••t••••s.

The Elders of Israel being the representative (1 Sam. 10. 19.) of the whole King∣dom, (for by that name are generally meant Centurions, Captains, Judges, Princes of all the Tribes ••f Israel, &c.) came to Samuel in Ramah, desiring a King to 〈◊〉〈◊〉 in and out before 〈◊〉〈◊〉 like the Nations; at whose instance Samuel did anoint Saul to be their King: never∣less, Samuel (that Saul might know that he was chosen by the People) called all the Pe•••••• together in Mizpeh, by their Tribes, and by their Thousands, where (as if the farmer Election and Anointing had been insignificant) they cast lots, which ••ell upon the Tribe of Benjamin, and Saul the Son of Kish was taken, and all the People shouted, and said, God save the King, 1 Sam. 10. 17, &c. All which was done at the Peoples instance•• And lest the Election of the King should be attributed wholly to the chance of Lots, all the People, by the advice of Samuel (some few grumbling Dissenters excepted, having said, Shall Saul reign over us? 1 Sam. 11. 13.) went to Gilgal and renewed the Kingdom there, and made Saul King before the Lord in Gilgal, ver. 14. 15. Which manifests, that though Saul was chosen by God himself, and also by Lot, yet was constituted, confirmed, and approved by the suffrages of the People. God indeed (before ever there was a King in Israel) knowing that they would reject him, and foolishly desire a King like all the Nations round about them, prescribed Rules and Laws whereby they ought to Go∣vern, Deut. 17.

So David: Samuel (Saul being rejected by God from Reigning over Israel) by God's command anointed David at ••ethl••m, whom God had chosen King over Israel. Did David therefore Reign, though so chosen by God himself, and anointed by his own com∣mand? No, sure! he was so far from it, that he avoided the presence of Saul, hiding himself from him, and arming himself with the Sword of Goliah, and armed Men, against the evil designs which Saul had against him, and fled from him, wandring up and down, and became as it were an exiled and Out▪lawed Person, and was not King till Saul was dead, nor then neither, until all the People of Judah first chose him King of Judah by their suffrages: And seven years after all the Tribes of Israel, and all the Elders of Israel came ••o Hebron, and made a Covenant with him before the Lord: and then they anointed David King over Israel, 1 Sam. 16. 13. 1 Chron. 11. 3. 2 Sam. 5. 3. Besides, if Samuel's first anointing of David King, had formerly made him King, then either Saul was thereby deposed, or else there were two Kings of Israel at one time (which is mon∣••••ous to conceive; for, according to their Doctrine, Kings have no Royal Power from the People:) but it is manifest David was not King, for that after his being so anointed, he o••ten called Saul, the Lord's anointed; and that by the Inspiration of God's Spirit. Moreover, he neither challenged, nor executed any Royal Authority till he was crowned King by all Israel at Hebron, but was persecuted and hunted as a Partridge on the Mountains, and that as a Rebel to Saul (of which he acquitted himself, when he had the Life of Saul in his power, and yet would not take it) which he justly might have done had he been really King▪ and it had been a crime in him, being King, not to have executed his Royal Authority, in doing Justice and Judgment, by cutting off Saul a murther••r, who killed the Priests of the Lord; especially seeing Saul, according to such doctrine, must be but a private murther••r, and David the only lawful King. Where∣by it is apparent, that not Samu••••▪s Oil, but the consent and suffrages of the People, that made both Saul and David Kings. Whereby it is apparent, that though God appointed David to be their King, yet not so Absolute, but that he should be under and subject to agreements with his People▪ and make a Covenant with them on tearms, to which he should be obliged to perform with them, as they with him: and this before the Lord;

by which Covenant he was obliged to keep within the Boundaries which God and the People had set. So David was twice anointed. 1. By the Prophets by God's command in token of his Election. 2. By the instance and suffrages of the People in Confir∣mation of his being constituted King by them, 2 Sam. 4. 11. & 5. 13. So it is true, that by God Kings Reign, yet so as not without the Peoples Consent, Approbation, and Co∣venants first had, that he may Reign over them for their good. Besides Kings receive not their Kingship immediately from God, nor the Sword, because the People were first girt with the Sword. Moreover will any Christian say that the Kings of Nations (who lived without God in the World) did Rule and Reign by Gods immediate appoint∣ment? I trow not.

The like is observable in Constituting Solomon King, who, though David's Son, and God chose him to sit upon his Fathers Throne, and to be a Father unto him as he had promised David, 2. Sam. 7. 13, 14, 15. And though David had promised his People that Solomon should succeed him, and sit upon his Throne, yet this was not sufficient; and therefore David assembled all the Princes of Israel, and the princes of the Tribes, and the captains of the companies, and captains over the thousands, and the stewards over all the sub∣stance of the possession of the King, and of his Sons, with the officers, and with the mighty men, and with all the valiant men which bear any publick office, and as it were the representative of all Israel; and consequently had a share in the Government, and in the Election, unto Je∣rusalem. This great congregation made Solomon the Son of David King the second time, and anointed him unto the Lord to be chief Governour, and Zadock to be Priest, 1 Chron. 28. 1. & 29. 22, 24.

Solomon being dead all Israel came to Sechem to make Rehoboam King, 1 Kings 12. 11. 2 Chron. 10. 1. Amaziah being slain, Uzziah his only Son was made King by all the peo∣ple, 2 Chron. 26. 1. To what tended that saying of Hushai unto Absalom, nay, but whom the Lord and this people, and all the men of Israel chuse, his will I be, and with him will I abide, 2 Sam. 16. 18. but to demonstrate that that King is rightly and lawfully constituted King whom the People chuse? And all the men of Sechem gathered together, and all the house of Millo went and made Abimelech King, Judg. 9. 6. And he that was over the house, and he that was over the city, the elders also, and bringers up of the children, sent to Jehu, saying, We are thy servants, and will do all that thou shalt bid us, we will not make any King: do thou that which is good in thine eyes, 2 Kings 10. 5. And all these men of war, that could keep rank, came with a perfect heart to Hebron, to make David King over all Israel: and all the rest also of Israel were of one heart to make David King, 1 Chron. 12. 28. Several times the making of a King is ascribed and given to the People, viz. Wherefore is it recorded, Deut. 17. 14. when thou shalt say, I will set a King over me, if it were not their Right and Power to make a King? and without such Power, no Law could be imposed on them. Not to make a stranger King, and yet to chuse one of their Brethren, is certainly a warrant from Heaven to chuse, beyond contradiction. All the congregation made Jeroboam King over Israel, 1 Kings 12. 20. So they have power both to make and not to make a King over themselves; and also to limit and bound their Kings to what conditions they please, or else to fall from them, as the people of Is∣rael did from Rehoboam, and chuse another, 1 Kings 12. 19. Nor was Saul himself for∣merly King as soon as Samuel had anointed him, nor yet because another Spirit was in∣fused in him, no, not until all Israel chose him King at Mizpeh. Jehoash and Jehoiada made a covenant between the Lord, and the king, and the people, that they should be the Lord's peo∣ple; and between the king also and the people, 2 Chron. 23. 16.

By all which it appears, that though Kings were so constituted and influenced by the Prophets from God himself, yet not so absolutely as to exclude common consent, but that they were to be under Covenants and Agreements with the People, whereunto they were equally, strictly, and reciprocally obliged to performance: and that their just right of admitting Governors over them was reserved unto them upon their own Tearms and Conditions; even then, and certainly much more now: seeing God doth not now im∣mediately interpose in any such choice, the same right by the Law of God and Na∣ture is so undeniably in them, that it cannot be denied unto them. And all Kings Governing otherwise than by the consent of the People, are but Intruders, Usurpers, and Tyrants. And whoever violates those Covenants, in a high degree, are undoubtedly Re∣bels to the Law; and whoever commits any unjust force against the Law, the defence must necessarily be just and warrantable before God and Man.

Consult prophane Histories, and it will be found the Power and Liberty of the Peo∣ple is asserted and defended, and practised accordingly, even among the Heathens: And in all well-governed Kingdoms, the Children did not succeed their Parents, until the

People by their Magistrates had de novo invested them by the Diamond and Scepter. In Christian Kingdoms which to this day Reign by succession, the same is evident. The Kings of France, Spain, &c. are all Inaugurated and Crowned by the Peers, Patritians, and Magistrates (representatives of the Kingdom) no otherwise than the Emperors of Germany are by the Princes Electors thereof, and the Kings of Poland by the Vayvodes or Pa∣latines. Neither is their Kingly Honour owned in the free Cities till so Crowned, Con∣stituted, and Confirmed; neither was the time of their Reign computed but from the day of their Inauguration; which manifestly appears in the Kingdom of France, and other Kingdoms, where the States often preferred a Kinsman before a Son, a younger Son before an elder: which Kingdom, by the Authority of the People, was translated from one to another without regard had to the right Heir.

As to the Franks, before they came into France, it's manifest that their petty Kings were subject to the Ordines Populi, as Julius Caesar testifieth, lib. 5. c. 8. f. 57. De bello Gal∣lico. Whilst Ambiorix & Catileucus Eburonum rex, (i e. King of a People inhabiting between the Rhyne and the Mose, the People of Leige or Luke beyond Brabant) in a certain Oration rehearsing the words, saith, That such is his Empire, that the People have not less right against and over him, than he over them. Ut non minus in se juris multitudo, quam ipse in multitudinem. The same also appears by the words of Vercingentorix Arvernorum Rex (a People of France by the River of Loyer) defending his Cause in a publick Assembly, as it is recorded by the same, Caesar lib. 7. c. 4.

Afterwards the Franks and the Gauls became one, under the name of Franco-Galli; who, although they chose their Kings first out of the Family of Merovey, then out of the Posterity of Charles the Great, and after out of the Successors of Hugh Capet, yet from the beginning they so constituted their Monarchy, that their Kings did not Reign only by the right of Succession, but were also chosen Consensu Ordinum Regni.

And such was the Oath of the Franco▪Galli Kings, according to Aymoinus, lib. 5. c. 23. which Charles the Bald spoke, Quia sicut isti venerabiles Episcopi, &c.

Because you venerable Bishops have proclaimed me chosen to the Government for your safety and profit, know ye that I will preserve the Honour and Worship of God, and of holy Church, and of every one of you according to your Ranks and Qualities, and according to my Knowledge and Power will honour and keep safe; And to every one, both Clergy and Laiety, preserve and maintain Law and Justice, that Kingly Honour and Obedience of the People may be preserved and defended, as your Fore-fathers did to my Predecessors, justly and faithfully.

And so the Sons of Pepin, Charles the Great, anno 751. Lewis the Third, and Carloman, anno 768. Bastards to Lewis, and no regard had to the Institution of Lewis's Will, who had named Endes for Regent, and so were both Crowned Kings. Lewis the Idle, Son or Brother to Carloman, takes upon him to be King, but not being acknowledged by the States, as they were ready to dispossess him, he died. Charles the Second, called the Gross, Emperor of Germany, confirmed in the Regency by the States, following the ex∣ample of the Bastards, is Crowned King, and afterwards was degraded from the Empire and the Crown. Charles the Simple, after Twenty two years, was forced to renounce his Crown, though a lawful King. Lewis the Fourth, his Son, carried into England by his Mother, &c. And Ralf or Raoul, Duke of Burgundy▪ called to the Crown, though an Usurper; after whose death the said Lewis the Fourth, called Doutremer, is restored to the Crown. Lewis the Pious, though the Son of Charles the Great, yet was elected, anno 812. in whose Will (extant in Naucler) Charles the Great besought the People that they would chuse one of his Nephews, which they pleased, by the publick Council of the Kingdom, and commanded his Uncles, by the publick decree of his People, to acquiesce. Hence Carolus Calvus, Charles the Bald, a Nephew by Lodovicus Pius and Juditha, confesseth himself chosen King. Aymoinus Historiogr. 85.

From the Merovingiens (being Twenty two Kings) of the Merovees, to the Garlovin∣giens by Charles Martel, Major of the Palace in name, but King in effect, of which Race there have been Thirteen Kings, then the Crown came to the Capets. In the choice of Pharamond, first King of France, after many Harangues pro and con about all kinds of Government, at last they resolved on Kingly Government, as the best sort of Government, then the Lords, Peers, Magistrates, and chief Captains, as Representatives of all the People, chose him King, and was Inaugurated or Crowned by setting him on a great Shield or Target and carrying him into the Field; where also both the com∣mon Soldiers in Arms and the People were assembled, who confirmed and approved the choice by their Acclamations about the Year 419 or 420. And then they did Swear to the King to keep Faith and Allegiance, to Honour, Serve, Maintain, and De∣fend

him against his Enemies, but on condition that he be Religious, Valiant, Just, Merciful, Impartial, Diligent, understanding in management of Affairs, skilful to resist their Enemies, to punish Evil doers, and to preserve the Good, and to defend the Christian Faith likewise. This Mutual and Reciprocal Swearing and Covenanting, equally obligatory on both sides, was the Custom from Pharamond to Pepin: and afterwards in the Race of the Carliens, de∣scended of Pepin, the French of their own free will chusing their Kings, the Crown in those Days not descending Hereditarily. If at any time the Crown came to the Son, or Brother did succeed the Father or Brother, it was not by any right of Inheritance or Succession (to which they could not possibly have any right or pretence by any Law of God or Nature, that wholly depending on consent of Parties to be governed) but only through the affection which the French did bear to the memory of the good King deceased.

After Pharamond they chose one Daniel a Monk, whom they sirnamed Chilperick, whom for his Debauchery they banished, and chose one Gillon or Gilles, a Roman Senator or Master of the Roman Militia, for their King; who Governing as ill as Chilperick, they sent and intreated Sigibert, King of Metz, to take the Crown of France, and Crowned him.

Les Burguignons and les Austrasiens having made Peace with the other French, chose Clotaire for their King in all the Three Kingdoms, and afterwards chose Childerick King of Austrasie; who delaying to come, they chose one Odon. After the decease of Da∣gobert, his Son Clovis being young, they chose him: after his decease they chose his Son Clotaire King; who dying Four years after, they chose Thyerre his Brother, whom they afterwards deposed, and chose Childerick in his room. Histories are full of the like examples in other Kingdoms.

Afterwards in the Posterity of Pepin, who having been Ten years Master of the Palace to Childerick, a weak Prince, set up for himself, and by his Power and Arti∣fices, by the help of Pope Zachary his ghostly Father, dispensing with the Oath of Allegiance, which the People had Sworn to Childerick, the last King of the Race of Clovis, whom the People caused to be put into a Monastery. And after the death of Pepin, the French by common consent chose Charles and Carloman his Son for their King, with a charge that they did equally part and share the Kingdom between them.

At the end of the Race of Pepin, Lewis King of the Francs being dead, they being willing to transfer the Kingdom to Charles King of Austrasie; or, according to others, Duke of Lorrain: but whilst he deferred his coming, Hugh Capit took possession of the Crown. It is also evident in Story that one Kings Son hath been rejected, and ano∣ther inthroned. For the French not being pleased with the Infancy and Weakness of Charles, Son of Loys de Begue, about Nine or Ten years old, chose for their King Odon, Son of Robert Saxon, which was killed by the Normans in Battel; and that Two years after, they being displeased with the Government of Odon▪ they discharged him of the Government, and set up Charles again, who misbehaving himself was imprisoned; and they put in his place Raoul King of Bourgongue: by which examples it is apparent the Kings of France were Elective, not Hereditary. But after they obtained Hereditary Possession of the Crown, the Custom of the Election by the People (which had lasted long) being laid aside, the Kings were Crowned and Chosen at Rhemes by the Peers of France, in the name of the Church, of the Nobles, and of the People. Bernard de Gerard. Sieur Mezeray. Jean de Serres.

In summ, All Kings were at first Elected and Chosen by the People: and though now ma∣ny succeed by Inheritance, as by much the better way, yet that way also is Consti∣tuted, Approved, and Confirmed by the People or their Representatives. No Kings drop out of the Clouds, neither do they start out of the Earth; though the People chuse the Root, yet do they not so absolutely chuse the Stems or Branch, but if they do degene∣rate, they in Prudence and Justice may make a better choice. The Heirs of such Roots are not so much born Kings as adopted so, not so much Kings as fair Candidates for Crowns. Presumptive Kings only where Succession is not settled by Laws made by publick consent.