That The Present Public Resolutions, Expressed In The Commission's Answer To The Parliament's Query, And The Act Of The Levy, Do Not Exclude That Party.

In the next place, upon supposal and proof, that there is a malignant party and faction still in the land, it is needful to examine, whether the exceptions contained in the answer of the Commission to the Parliament's Query,(345) and inserted into the Act of Levy,(346) be so comprehensive as to include all that party. The exceptions be four: 1. Such as are excommunicated.2. Such as are forfaulted.3. Such as are notoriously profane or flagitious. And, 4. Such as have been from the beginning, and continue still, or at this time are, obstinate enemies and opposers of the covenant and cause of God. That these are not comprehensive of the whole malignant party in the land, appears.

First, The rules of the General Assembly framed for the exclusion of all such as ought not to be employed in our armies, are far more comprehensive. The rule is for employing of such only as are of a Christian and blameless conversation, which is turned over by their commissioners into a negative, all that are not notoriously profane or flagitious. Another is, for intrusting only these who have been of known integrity and constant friends to the cause of God from the beginning, which is also turned over into a negative, all that have not been constant enemies. All such, by the Answer, are capable of some trust and employment. The rules agreed upon by the assembly, and ratified by act of parliament, anno 1649, and renewed upon occasion of this invasion, were that no officer nor soldier that followed James Graham should be permitted in the army, nor any officer that was in the Engagement, except such as, upon real evidence of repentance, were particularly recommended by the church, nor any common soldier, but upon sufficient testimony of his repentance. Now, since it is proved that the most part of all such continue still malignants, and retain their old principles, and that the bulk and body of the people are called forth by the public resolution, without such exceptions as were conceived before necessary, for the exclusion of that party, it follows clearly, that the malignant party is not excepted in the present resolutions.

Second. Few of these who were in the late rebellion, and declared, not many days since, to be following a most malignant design and course, are contained under these exceptions, because very few of them are excommunicated or forfaulted, and though more of them be indeed flagitious and profane, yet very few of them will fall under the compass of the exception, notoriously flagitious. Many wicked things will be said to concur to make up a profane man. Some acts will not serve; a habit must be demonstrated, and though that were showed, yet there must be also a notoriety of it, which imports a man to be famous for looseness and profanity, and there are none almost, if any in the land, who have been professed enemies from the beginning, and continue so to this day. James Graham was not such. It is the matter of our sad complaint, that whilst many are enemies, they make profession and semblance of friendship.

Third. These exceptions do not comprehend any who are under censure for malignancy or profanity, except such as are under the sentence of excommunication, and that even such may not be excluded, lest the rule be transgressed, by admitting and employing excommunicated persons, 'tis withal resolved, that these persons shall be relaxed from that sentence, that so they may be immediately in the same capacity of employment with others, whatever formerly hath been their opposition or defection. Some exceptions must be made, for honesty and credit's sake. But the nearest and readiest way is taken to make them ineffectual.

Fourth. These exceptions do not only not reach these who were upon the unlawful engagement and have not as yet given sufficient proof of their abandoning their malignant principles and courses, but come not the length of comprehending these men of blood who followed James Graham and in the most barbarous and cruel way, shed the blood of their own brethren and God's people. Because the most part of these are not excommunicated nor forfaulted, nor notoriously flagitious and profane, nor such as have from the beginning been, and still are enemies. If any will say, that such are comprehended under these exceptions, why did the commission express the exceptions in such terms, as to men's common apprehension do not include many, especially seeing there are known rules, particular and distinct, without ambiguity, and seeing there is such a propension in rulers to employ all without difference, which would undoubtedly take advantage of any thing that seemed to look that way?

It is likewise manifest, that the second part of the answer, relating to the capacity of acting, is loaded with the same inconvenience.1. There is no positive determination of the qualifications of persons to be intrusted, as in former times it was agreed on by the Assembly and their Commissioners, but that is now referred to the discretion of the parliament, together with such diminutive terms, as give them great latitude to go upon. Before, no trust was given to such persons. Now, it is allowed they shall have some trust, and how much is not determined, nor what degree of it is prejudicial to the cause, which it appears, the parliament's proceedings in nomination of officers unquestioned by the Commission, is a good commentary to expound that they may have any trust, except to be general officers.2. Our former established rule was, that no persons should be intrusted, but such as are of known integrity, and have been constant friends of the cause. But how far is this diminished? They who are such, only recommended to be especially taken notice of. Less could not be said by any. More ought to have been said by the Commission. And though no such notice be taken of such by the parliament, but on the contrary, those who have been most faithful, and suffered in the late defeat at Hamilton,(347) are used as enemies, worse than malignants in former times, yet there is no testimony given against such things. Quantum mutatus ab illo coetu qui quondam fuit!(348)

Before we enter upon the chief question, we offer these manifest and known truths to consideration:

(1) The occasion of contriving and subscribing first the national covenant, and then the solemn league and covenant, was, the designs and practices of the popish, prelatical and malignant party, against religion and the work of reformation in these kingdoms. (2) Since the contriving and subscribing of the same, it hath been the continual endeavour of that party sometimes by undermining and some times by open opposition to undo the same and to bear down all those that clave honestly thereto and faithfully prosecute all the ends thereof. (3) That there hath been these many years past and still is, such a party, in all the three kingdoms, considerable for number, power, and policy. (4) That that party hath always prosecuted their design under a colour of zeal and respect to the king's authority and interest. (5) That that party hath always been the authors and abettors of much bloodshed, many miseries, and sad calamities to these nations. (6) That the people of God in these kingdoms have taken upon themselves a most solemn and sacred bond of an oath and covenant to discover them and bring them to condign punishment. (7) That it hath been one of the predominant sins of Scotland under the bond of the covenant to comply with them. (8) That indignation and wrath from the Lord hath been following that party and their designs these years past. (9) That compliances with them hath always been cursed to us of God. (10) That few of that party do really abandon and forsake their corrupt principles and way and join cordially in the cause and covenant. (11) That many of them do, after the profession of their repentance for their opposition to the cause and covenant of God, relapse frequently into the same sin. (12) That sudden receiving of many of them to fellowship and trust, and too great credulity in believing their professions hath often cost this land very dear. (13) That upon consideration of the deep treachery and hypocrisy of these men, and the sad consequences following upon sudden receiving of them without evidence of a change, after long and renewed experience, this land renewed their obligations more strictly in the solemn engagement. (14) That there hath been a design driven these two years past to get that party again in power and trust. (15) That this design hath been testified against by the public resolutions of the judicatories unto this time. (16) That as it hath been driven at very cunningly and actively, by many instruments and arguments of several sorts, so hath it gained ground piece and piece, until at length many of them are brought into the court and to the army and judicatories in the country. And now by the public resolutions they are generally to be employed and intrusted. Thus the design is accomplished. But, (17) These men do not satisfy themselves with some degree of power, but endeavour to engross the whole power of the kingdom into their own hands, and study to bring into contempt, and cull out these who have been and do continue constant in the cause of God. (18) That having power into their hands, they must act according to their own principles and for establishing their own ends. And lastly, That these principles and ends are destructive to the covenant and work of reformation.