od, that there is a great deal of sin and
guilt lying on the kirk of Scotland, for the sudden receiving of
scandalous persons, especially malignants, to the public profession of
repentance before there was in them any real evidence of their forsaking
their former principles and ways.

_Objection 3_: None are now to be esteemed malignants, in reference to
employment and trust, but such as stand judicially declared by kirk and
state to be so; for certainly, men are not to lie under the burden of so
great a reproach, upon the private whisperings and common reports of
others, otherwise, honest men may be wronged, and there shall be no end of
confusion, or terminating this controversy, there being no certain rule to
walk by in it.

_Answer_: We acknowledge that surmisings, whisperings, and reports of
others are not sufficient, but that a rule is needful. All the question
will be, What is that rule? And though the judicial debarring of
judicatories be not all, but it must be ruled by another rule, yet are we
willing to take it for so much; for even that will prove there is yet a
malignant party in Scotland, because many are standing under church
censures [albeit we are sorry there is so much precipitancy and haste in
taking off the censures].(342) Those involved in the late rebellion are
standing under a sentence of the commission,(343) declaring them to be
following their old malignant designs; few of them are yet admitted to
profession of repentance. We desire it may be considered, that the rule
holden forth by the kirk of Scotland 1648, for admitting of persons to
trust is of larger extent than judicial sentence or censure; to wit, that
they be such against whom there is no just cause of exception or jealousy.
2. Albeit a judicial trial or censure be indeed necessary, for inflicting
punishment or censure upon men, yet it is not necessary for avoiding
association with them, or debarring them from trust. 3. If none were to be
accounted malignants, but they who are judicially declared to be such,
what needed the kirk of Scotland have frequently taken so much pains, to
give characters to know them by, there being so clear and compendious a
way beside? Hath there not been always in the land secret underminers as
well as open enemies? And hath not faithful men avoided the one as well as
the other? 4. The General Assembly, 1648, declared the taking in of these
who followed James Graham(344) to be an association with malignants,