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A Hind Let Loose by Alexander Shields

That former impositions were peaceably paid


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

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