Ergo, either our present or our
former resolutions and practices were unlawful, either we were wrong
before, or we are not right now. The second proposition maybe made
manifest from, 1. The present resolutions are contrary to the solemn
league and covenant in the fourth article and the sixth,--to the fourth,
because we put power in the hands of a malignant party, power of the
sword, which is inconsistent in the own nature of it with either actual
punishing of them, or endeavouring to bring them to punishment, unless it
be intended to bring them all forth, and expose them to the slaughter for
a sacrifice for the land, which may be the Lord's mind indeed, howbeit
they know not his thoughts,--and to the sixth article, because it is a
declining to the contrary party, even that party against whom the covenant
was at the making expressly contrived. And as the declaration of the
General Assembly 1648, hath it, it is a joining with one enemy to beat
another, with a black devil to beat a white.(359)

It is most ingeniously answered, that the present resolutions are not
contrary to the covenant, because such as are described in the covenant
are not allowed to be employed, meaning that these men are not now
malignants. What needs men make such a compass to justify the public
resolutions, seeing there is so easy and ready a way straight at hand?
This one answer might take off all the arguments made against them, that
there is no malignant party now, which is the foundation that being
removed all the building must fall to the ground. But we have in the first
article evinced that, which had been scandalous to have proved, if it had
not been questioned. If it were indeed true, that no malignants are
allowed to be employed, what need the Commission in their letter to
Stirling presbytery take so much pains from scripture and reason to
justify the present resolutions, when the clearing of that one point had
cleared all? As for the declaration of the Assembly, anno 1648, it is
answered, _that none are to be employed, that continue notourly_(360)_ in
the courses of malignancy_, which was done that year. Whereas the
malignant party that was then associated with, would have engaged to be
faithful to all the ends of the covenant, many of them were such as had
been in covenant, and made show of their repentance for their defection
from it; and so there is no difference in this particular.

2. The Solemn Acknowledgment of public sins is so cle