A Hind Let Loose / Or, An Historical Representation of the Testimonies of the Church of Scotland for the Interest of Christ. With the True State Thereof in All Its Periods

by Alexander Shields

But shortly to come to the point, I shall, 1. Permit some concessions. 2. Propose some parallel questions. 3. Offer some reasons to clear it.

1. I shall willingly grant in the general, concerning paying of exactions, impositions, or emoluments.

1. They are to be paid to these to whom they are due; as tribute and custom is to be paid to the powers ordained of God, and for this cause they that are God's ministers, attending continually upon this very thing, Rom. xiii. 6, 7. So stipends and all outward encouragements are due to ministers of the gospel, who sow spiritual things, and should reap these carnal things, 1 Cor. ix. 11, 12. Fines also, and all legal amercements for delinquencies against such laws must be paid, Deut. xxii. 19. And whatsoever is due by law to officers, appointed by law, for keeping delinquents in custody, as all debts whatsoever. But tyrants exactions, enacted and exacted for promoving their wicked designs against religion and liberty, hirelings salaries, for encouraging them in their intrusions upon the church of God; arbitrary impositions of pecuniary punishments for clear duties; and extorted hirings, of the subordinate instruments of persecution, oppressions, are no ways due, and cannot be debt, and therefore no equity to pay them.

2. It is lawful to pay them, when due and debt, either by law or contract, even though they should be afterward abused and misimproven to pernicious ends. But these payments for such wicked ends, either particularly specified and expressed in the very act appointing them, or openly avouched by the exactors, are of another nature than impositions fundamentally appointed for the public good; and the after misapplication thereof, made by such as are entrusted therewith, is no more imputable unto the land or payers, than is the theft of a collector stealing or running away with the same, without making count or reckoning to superiors. It is then a foolish thing to say, that former impositions were peaceably paid, though we saw and were convinced that their use was perverted, and they were used against the good of the land and God's people: for no such thing was laid down as the ground, or declared as the end of these exactions; but what fell out was by the personal abuse and perversion of those in power: which was their own personal fault, and posterior to the legal engagement and submission to the payment thereof by the land in their representatives.

3. It is lawful to pay them sometimes, even when fundamentally and originally from the first constitution of them they were not due, but illegally or usurpatively challenged and exacted, if afterwards they were by sedition or voluntary engagement, legally submitted unto by the true representatives. But not so, when they were never either lawfully enacted, or legally exacted, or voluntarily engaged by the representatives, except such as represented the enslavement of the nation, and betrayed the country, religion, liberty, property, and all precious interests, and declaredly imposed to further the destruction of all. Nor can any with reason say, that this case is but like the case of the people of Israel under the feet of enemies, paying to them of the fruits of their ground, as was regretted and lamented by Nehemia, chap. ix. 36, 37. for so they must say, the exactions now in debate are their redemption-money, and by these they purchase their liberty of life and lands, and own themselves to be a people under conquest. And yet they cannot deny, but they are both exacted and paid as tests of their allegiance as subjects, and badges of their loyalty and obedience. But this is answered before, Head 2. Conces. 7. Sect. 2. If any should object the practice of Christ, though otherwise free, yet paying custom, lest he should offend: it is fully solved ibid. Head 2. Conces. 9. Here it is sufficient to hint (1.) That which made them to marvel at his wise answer was, that he left the title unstated, and the claim unresolved, whether it belonged to Cesar or not, and taught them in the general to give nothing to Cesar with prejudice to what was God's; which condemns all the payments we speak of, which are all for carrying on the war against God. (2.) Cesar was no tyrant nor usurper at this time; because they had legally submitted themselves unto several Cesars successively before. (3.) It was, lest he should offend: but here it will be evident, that the offence and scandal lieth on the other hand, of paying the exaction: and it is against all religion to say, that both the doing and refusing to do the same act, can give offence. But (4.) make the case like our's, and I doubt not to call it blasphemy to say, that Christ would have paid, or permitted to pay a taxation professedly imposed for levying a war against him, or banishing him and his disciples out of the land; or to fill the mouth of the greedy Pharisees, devouring widows houses, for their pretence of long prayers; or that he would have paid, or suffered to pay their extortions, if any had been exacted of him, or his disciples, for his preaching, or working miracles; or if help or hire had been demanded, for encouraging those that rose to stone him for his good deeds.

4. It is lawful to pay a part to preserve the whole, when it is extorted by force and threatenings, and not exacted by law; when it is a yielding only to a lesser suffering, and not a consenting to a sin to shift suffering. The objection of a man being seized by a robber, transacting with him to give him the one half or more to save the rest and his life, commonly made use of to justify the paying of these impositions, while under the power and at the reverence of such public robbers, cannot satisfy in this case. It is thus far satisfying, that there is a manifest concession in it, that instead of righteous rulers, we are under the power, and fallen into the hand of robbers, from whom we are not able to rise up. But there is no paritie. For to bring it home without halting, and make it speak sense, we must suppose that the robber not only requires a part for himself, and a part for his underling shavers, horse-rubbers, &c. but a part upon this declared account, that he may by that supply be enabled and furnished with all things necessary, for murdering my father, mother, wife, children, kinsmen, and friends, (all whom he hath now in his power) yea, and for doing that besides, which is worse than all these put together: Whether then shall I, by giving the robber that part which he seeks, enable him to do all these mischiefs? Or by refusing, expose myself to the hazard of being robbed or slain? Let the conscience of any man answer this (for nothing can be here alledged against the paritie as now propounded) and then I fear not but the objection shall be found a blaze of empty words, blown away by any breath. But alas! will this tattle of a robber be found relevant in that day, when the public robbers shall be proceeded against by the just Judge? Let them who think so, think also, they see the court fenced, and the judge set, and hear these words sounding in their ears, "ye are cursed with a curse, for ye have robbed me, even this whole nation;" and then they are like to lay as little weight on the objection, for fear of falling under the weight of the curse, as I do.

5. It is lawful passively by forcible constraint to submit to the execution of such wicked sentences, as impose these burdens, if it be not by way of obedience to them: this is suffering and not sinning. Hence it is easy to refel that objection; if it be lawful (which hitherto was never questioned) for a man, who is sentenced to die, to go to the place of execution, then a man, being under the moral force of a law, which is equivalent, may pay cesses, localities, fines, &c. Ans. 1. Might it not be doubted, whether a man's going upon his feet to be execute, had as manifest, and from the nature of the thing, a tendency, yea and proper casuality to advance the design of the enemy, and his refusing to go, had as clear a testimony against the clamant wickedness of their course, as his refusing to pay their impositions. Whether, I say, in this case, a man might not, yea, ought not to refuse to go to the place of execution. But 2. Whosoever would conclude any thing from it, to give it either life or legs, must make it run thus: let the order run in this form (else there is no parallel, and so no inference) we appoint all the opposers of our course (that is all the lovers of our Lord Jesus) whom we have for their rebellious rendezvouzing at conventicles sentenced as enemies and traitors to die, to come and be hanged by virtue of our sentence: otherwise besides the moral force of the law, adjudging them to die, we shall use force, and drag them like dogs to the place of execution; and in putting us to this trouble, they shall fall under the reproach, that being sentenced to die, they scrupled forsooth, yea refused to go on their own legs to the gibbet. Let this, I say, be made the case, which to me is the exact parallel, and there every child will know what to answer, or to hiss the objection as pure ridicule. 3. I suppose the objection speaks of a righteous and innocent person, who for righteousness it brought, as a sheep to the slaughter (for a malefactor, who hath lost all right to his life, is not to be understood) then to make the case parallel, it must be taken for granted, (1.) There is a public law with the penalty of death, statute for the violation thereof. (2.) That the person to be executed, hath not only transgressed that law, but his disobedience to the law is notour. (3.) That he is processed and convict of the transgression thereof: Whereupon follows. (4.) The sentence, and then the execution. Now the law being wicked, and the man from the fear of God, being constrained to disobey the law, he can in nothing be justly construed active, but in that disobedience or renitence: but in the whole of what befals him for this, he being a captive prisoner, is to be looked upon as passive. Yea the very act of going to the place of execution in the present case, howbeit, as to its physical entity, it is of the same kind, with the executioner's motion that goes along with him, yet in its moral and religious being, whence it hath its specification, it is wholly the suffering of a captive. Well then, ere any thing can be pleaded from the pretended parity; seeing there are laws, made for paying such exactions, cesses, salaries, and fines, for the declared ends of ruining the people and interests of Christ; it is necessary, in order to a just parallel, that the law must be first disobeyed. (2.) The disobedience must be notour. (3.) The delinquent must be processed and pursued, as guilty of the transgression, and convicted thereof, whereupon sentence passeth against him for the breach of the law. Here I grant all with advantage to the cause: as in the first case, so in this, he who is judged guilty of the breach of this wicked law, and who is sentenced for that violation, ought to suffer patiently the spoiling of his goods, and not to decline suffering, if it were unto blood, striving against this sin.

6. It is lawful of two evils of sufferings to chuse the least; where both come in the election, as in the cases forementioned, and in a man throwing of his goods overboard in a storm; these and the like are deeds in the present exigent voluntary and rational, being upon deliberation and choice, where the least evil is chosen under the notion of good, yea of the best that can be in the present case, and accordingly the will is determined, and meets and closes with its proper object; or one of them only be proposed to be submitted to, but another lesser evil of suffering is in a man's power to chuse and propose, for purchasing his immunity from a greater; which is not imposed nor exacted of him, either by a wicked law, or for wicked ends declared, but voluntarily offered; as in the case of parting with some money to a robber or murderer to save the life, when he is seeking only the life; as the ten men that were going to the house of the Lord said unto Ishmael, "Slay us not for we have treasures in the field," for which he "forbare and slew them not," Jer. xli. 8. In this a man does nothing, which under such circumstances is not only lawful (one of the main ends for which goods are given to him, to wit the preservation of his life, being thereby attained) but it were a grievous sin, and would conclude him guilty of self murder, not to make use of such a mean for preservation of his life, which God hath put in his power, and is in the case called for by his precept. But however force may warrant one to do that, which may be done for shunning a greater evil of loss; yet it is never sufficient to make one to do that which is a greater evil, than all the evil that can be said to be shunned: For the evil shunned is suffering, but the evil done to shun this, is real and active concurrence, in manner, measure, and method, enjoined by law, in strengthening the hands of those who have displayed a banner against all the lovers of our Lord Jesus Christ; a manifest chusing of sin to shun suffering, and a saving of life with the prejudice of that in the preservation whereof he should be ready to lay down all, and be at a point to endure the worst this wicked world can make him suffer, ere he be found guilty in the matter of a compliance of that nature. And though the rod of the wicked should seem to rest on his lot, for his refusal, and he be the object of their rage and revenge, for holding his integrity; yet he shall be honoured as a faithful witness, helped to endure as seeing him who is invisible, and amidst all his sufferings and sorrows, made to rejoice in the hope, that when God shall lead forth these workers of iniquity, he shall not be found amongst the company of these who have turned aside with them into their crooked courses, and for that shall be overturned and crushed with them, under the curse that is hovering over their heads. It is true a man should not cast himself and his family (which if he provide not for, he is worse than an infidel) upon sufferings, either needlessly or doubtfully, when he is not persuaded it is truth and duty he suffers for, and of value sufficient to countervail the loss he may sustain for it. But on the other hand, in the present and all like cases it is highly of the concernment of all men to be careful and circumspectly cautious, when the case comes to be stated upon suffering or not suffering, in examining well whether the course whereby a man shuns suffering be of God, and not to take plausibilities for demonstrations: seeing the flesh is not only ready to inculcate that doctrine, 'spare thy self,' but is both witty of invention to plead for what will afford ease, and as unwilling to listen to what would, if attended unto, expose us to the malice and rage of rigorous enemies: It being always more becoming the professors of the gospel, and the followers of our Lord Jesus, who must walk to heaven bearing his cross; to abstain at all hazards when the case is doubtful, than to rush forward upon an uncertainty, when it is not evident they have God's approbation for what they do. Yea suppose a person erred to his own hurt in the first case, through weakness, yet it will argue much more sincerity and uprightness towards God, and is done with less danger than in the other. And as many as walk according to this rule, are like to have the peace of the Israel of God, to compense whatever of trouble or loss they may meet with in the world, when others shall not have this bird of Paradise to sing in their bosom.

II. But shunning prolixity; to come nearer the point, because perhaps some may alledge such cases are not determined in the scriptures, nor can any case be found parallel to these under consideration, from which we may gather the determination thereof; which I think hard indeed to find, because in the wickedness of former ages such monstrous exactions had never a precedent, for such declared ends, so declaredly impudent. I shall make some suppositions, and propose some questions, all of a piece, and some way parallel to this under debate, and leave any conscience touched with the fear of God to answer.

1. Suppose, when our Lord Jesus and his disciples were tossed upon the waves by the storm at sea, and he was sleeping, that then Herod or Pilate, or the chief rulers, had sent peremptory orders to all men, to supply and furnish with such things as he had, the men they employed, to capacitate them once for all and forever to sink that floating bottom out of sight; and that somewhat should be given to the soldiers engaged in that enterprize, somewhat to the Pharisees for persuading them to it, and fines to be exacted from the recusants, and rewards to be given to such as should keep them in custody that should fall in their hands, either of them that refused to pay the moiety prescribed, or of such of them as should escape drowning. In this case would, or durst any of the lovers of Jesus comply with any of these demands? and not rather chuse to perish with him, or in opposition to such wicked attempts? Now, hath not the Lord Jesus, and all the interest he hath in the nation, been embarked as it were in one bottom, and floating like a wreck in the sea? And have not these called rulers in this land, in their rage against the Lord's anointed, and the handful who adhere to him, sent their peremptory orders to pay a cess for sinking his floating interests; and to pay the curates for persuading to it; and fines for not concurring in it; and rewards to jailors and others appointed to repress the recusants? Who durst concur then in this compliance, who had love to Christ in exercise, and who had his friends in the same bottom embarked? And besides, seeing the great God had the man of whom this is required, bound with his own consent, under a sacred and solemn oath, and under the penalty of never seeing his face, if he do not venture life and fortune to preserve that precious interest, and all who are embarked with it from perishing. Shall he, notwithstanding of this, give what these enemies to Christ, call for as his concurrence, to enable them to execute their wicked contrivance? Does any man think or dream, that the pitiful plea, of what they call a moral force, will clear and acquit him before God from the guilt of a concurrence in this conspiracy, while in the mean time he furnished whatsoever these enemies demanded of him, with this express declaration, that it was for this cause exacted, and for this end imposed? Or can he think to be saved, when they shall be sentenced, who with so much deliberation and despite have done this thing? O let us consider the after reckoning! And let us not with pretences distinguish ourselves into a defection, or distract ourselves into the oblivion of this, that God is righteous to whom the reckoning must be made.