An useful case of conscience learnedly and accuratly discussed and resolved concerning associations and confederacies with idolaters, infidels, hereticks, malignants, or any other knoun enemies of truth and godlinesse : useful for these times and therefore published for the benefit of all those who desire to know or retain the sworn to principles of the sometimes famous Church of Christ in Scotland / by Hugh Binning.

Section 2. That the Present Publick Resolutions, expressed in The Commissions Answer to the Parliaments Quaere, and the Act of the Levie, doe not exclude that Party.

IN the next Place, Upon supposall and proof, that there is a Malignant Party & faction still in the Land; It is needfull to examine, whether the exceptions contained in the Answer of the Commission to the Parliaments Quaere, and insert into the Act of Levie, be so Comprehensive as to include all that Party. The exceptions be four. First, Such as are excommunicated. 2. Such as are For∣faulted. 3. Such as are Notoriously profane or flagitious. And 4. Such as have been from the beginning, and continues still, Or at this tyme 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 Generall Assembly framed for the exclusion of all such, as ought not to be employed in our Armies, are far more Comprehensi∣ve. 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 entrusting only these who have been of knoun 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 Employ∣ment. The Rules agreed upon by the Assembly, and Ratifyed by Act of Par∣liament Anno 1649. And renewed upon occasion of this Invasion, was, That no Officer nor Souldier that followed Iames Graham, should be permitted in the Army; Nor any Officer that was on the Engadgment, except such as upon Reall evidence of Repentance, were Particularly Recommended by the Church, Nor any Common souldier, but upon sufficient Testimony of his Repentance. Now since it is proved, that the most part of all such, continues still Malig∣nants, and retains their old Principles▪ And that the bulk and bodie of the people are Called forth by the Publick Resolution, without such exceptions as were conceived before necessary, for the exclusion of that Party; It follows clearly, that the Malignant Partie is not excepted in the present Resolutions.

2. Few of these who were in the Late Rebellion, and declared, not ma∣ny days since, to be following a most Malignant designe and Course, are Con∣tained under these exceptions; Because very few of them are Excommunica∣ted or Forfaulted: and though moe of them be indeed flagitious and Profane; Yet very few of them will fall under the Compasse of the Exception, Noto∣riously flagitious. Many wicked things will be said to concurr to make up a Profane man; some acts will not serve; a habit must be demonstrated: and though that were shewed; Yet there must be also Notoriety of it, which im∣ports a man to be famous for Loosnes and Profanity; and there be none al∣most, if any, in the Land, who have been professed Enemies from the begin∣ning, and Continue so to this day. Iames Graham was not such. It is the matter of our sad Complaint, that whilst many are Enemies, they make Profession and Semblance of friendship. 3. These exceptions doe not Comprehend a∣ny

who are under Censure for Malignancy or Profanity, except such as are under the sentance of Excommunication; And that even such may not be ex∣cluded, Lest the Rule be transgressed, by admitting and employing Excom∣municated Persons. 'Tis withall 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 Credits sa∣ke: But the nearest and readiest way is taken to make them Ineffectuall. 4. These exceptions do not only not reach these who were upon the Unlawfull Engadgment, and have not as yet given sufficient proof of their Abando∣ning their Malignant Principles and Courses; But come not the Length of Comprehending these men of blood who followed Iames Graham, and in the most barbarous and Cruell way, shed the blood of their oun Brethren and Gods people; because the most part of these are not Ex communicated nor For∣faulted. Nor Notoriously flagitious and Profane, Nor such as have from the be∣ginning been, and are still Enemies. If any will say, that such are Comprehen∣ded under these exceptions. Why did the Commission expresse the exceptions in such terms, as to mens common Apprehension do not include many? es∣pecially seing there are known Rules, particular and distinct, without Ambi∣guity; and seing 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 loadned with the same Inconvenience. 1. There is no posi∣tive determination of the Qualifications of Persons to be intrusted, as in for∣mer 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 termes, as gives them great Latitude to go upon. Before, No trust was given to such persons; Now, it is allowed they shal have some trust: and how much is not determined, nor what degree of it is prejudiciall to the Cause; Which it appears, the Parliaments proceedings in Nomination of Officers, unquestioned by the Commission, is a good Commentarie to ex∣pone that they may have any trust, except to be Generall Officers▪ 2. Our former Estalished Rule was, that no persons should be Entrusted, but such as are of known Integritie, and have been constant friends of the Cause. But how far is this diminished? They who are such, only recommended to be espcial∣ly 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 Par∣liament; But on the Contrare, those who have been most faithfull, and suffered in the late defeat at Hamiltoun. They 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!

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 Nationall Covenant, and then the Solemne League and Covenant, was, The designes and Practises

of the Popish, Prelaticall and Malignant Partie, against Religion and the Work of Reformation in these Kingdoms. 2. Since the Contriving and subscriving of the same, it hath been the continual endeavour of that Party, somtimes by Undermining, and sometimes 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 designe, under a Colour of gzeal and respect to the Kings Authority and Interest. 5. That that party hath al∣ways 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 Solemne and Sacred bond of ane Oath and Covenant to Discover them, and bring them to Condigne punishment. 7. That it hath been one of the predominant sins of Scotland under the bond of the Cove∣nant, to Comply with them. 8. That Indignation and wrath from the Lord, hath been following that Party and their Designes these years past. 9. That Complyances with them hath alwayes been Cursed to us of God. 10. That few of that Party, doe really Abandon & forsake their corrupt Principles and way, and joyn Cordially in the Cause and Covenant. 11. That many of them doe, 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 re∣ceiving of many of them to Fellowship and Trust, and too great Credulity in beleiving their professions, hath often cost this Land very dear 13. That upon Consideration of the deep Treachery and Hypocrisie of these men, and the sad Consequents following upon sudden receiving of them, without Evidence of a Change, after long and renewed Experience, this Land renewed their obli∣gations more strictly in the Solemne Engadgment. 14. That there hath been a Designe driven these two years past, to get that Partie again in Power and Trust. 15. That this designe hath been testified against, by the Publick Re∣solutions of the Judicatories unto this time. 16. That as it hath been driven at very cunningly and Actively, by many Instruments and Arguments of se∣verall sorts; so hath it gained ground peece and peece, untill at Length many of them are brought into the Court, and to the Armie and Judicatories in the Countrey: And now, by the Publick Resolutions, they are generally to be employed and Intrusted. Thus the Designe is Accomplished. But 17. These men do not satisfie themselves with some Degree of Power; But endeavour to Ingross the whole power of the Kingdome into their oun 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 oun Principles, and for estalishing their oun Ends. And Lastly, That these Principles and Ends, are destructive to the Covenant and Work of Reformation.