though most part of them were then released from church censures.

Section II.

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 reb