For the former, viz: The true stating of this question about the divine right of synods, and of their power, well weigh these few considerations.
1. Synods differ in some respects from classical presbyteries, handled in Chap. XIII., though the nature and kind of their power be the same for substance. For, 1. Synods are more large extensive assemblies than classical presbyteries, the members of presbyteries being sent only from several single congregations, the members of synods being delegated from several presbyteries, and proportionably their power is extended also. 2. The exercise of government by presbyteries, is the common ordinary way of government held forth in Scripture. By synods it is more rare and extraordinary, at least in great part, as in case of extraordinary causes that fall out: as, for choosing an apostle, Acts i., healing of scandals, &c., Acts xv.
2. All synods are of the same nature and kind, whether provincial, national, or ecumenical, though they differ as lesser and greater, in respect of extent, from one another, (the provincial having as full power within their bounds, as the national or ecumenical within theirs.) So that the proving of the divine right of synods indefinitely and in general, doth prove also the divine right of provincial, national, and ecumenical synods in particular: for, greater and lesser do not vary the species or kind. What is true of ecclesiastical synods in general, agrees to every such synod in particular.
Object. But why hath not the Scripture determined these assemblies in particular?
Ans. 1. It is not necessary the Scripture should in every case descend to particulars. In things of one and the same kind, general rules may serve for all particulars; especially seeing particulars are so innumerable, what volumes would have contained all particulars? 2. All churches and seasons are not capable of synods provincial or national: for, in an island there may be no more Christians than to make up one single congregation, or one classical presbytery. Or in a nation, the Christian congregations may be so few, or so dispersed, or so involved in persecution, that they cannot convene in synods, &c.
3. The power of synods contended for, is, 1. Not civil; they have no power to take cognizance of civil causes, as such; not to inflict any civil punishments; as fines, imprisonments, confiscations, banishments, death, (these being proper to the civil magistrate:) but merely spiritual; they judge only in ecclesiastical causes, in a spiritual manner, by spiritual censures, to spiritual ends, as did that synod, Acts xv. 2. Not corruptive, privative, or destructive to the power of classical presbyteries, or single congregations; but rather perfective and conservative thereunto. As suppose a single congregation should elect a minister unsound in judgment, or scandalous in conversation, the synod may annul and make void that election, and direct them to make a better choice, or appoint them a minister themselves; hereby this liberty of election is not at all infringed or violated, but for their own advantage regulated, &c. 3. Not absolute, and infallible; but limited and fallible: any synod or council may err, being constituted of men that are weak, frail, ignorant in part, &c., and therefore all their decrees and determinations are to be examined by the touchstone of the Scriptures, nor are they further to be embraced, or counted obligatory, than they are consonant thereunto, Isa. viii. 20. Hence there is liberty of appeal, as from congregational elderships to the classical presbytery, and from thence to the provincial synod, so from the provincial to the national assembly, &c. 4. Finally, the power of synods is not only persuasive and consultative, (as some think,) able to give grave advice, and to use forcible persuasions in any case, which if accepted and followed, well; if rejected and declined, there is no further remedy, but a new non-communion instead of a divine church censure: but it is a proper authoritative juridical power, which all within their bounds are obliged reverently to esteem, and dutifully to submit unto, so far as agreeable to the word of Christ.
4. Finally, this authoritative juridical power of synods is threefold, viz. doctrinal, regulating, and censuring. 1. Doctrinal, in reference to matters of faith, and divine worship; not to coin new articles of faith, or devise new acts of divine worship: but to explain and apply those articles of faith and rules of worship which are laid down in the word, and declare the contrary errors, heresies, corruptions. Hence the Church is styled, the pillar and ground of truth, 1 Tim. iii. 15. Thus to the Jewish Church were committed of trust the oracles of God, Rom. iii. 2. 2. Regulating, in reference to external order and polity, in matters prudential and circumstantial, which are determinate according to the true light of nature, and the general rules of Scripture, such as are in 1 Cor. x. 31, 32; Rom. xiv.; 1 Cor. xiv. 26, 40, &c.; not according to any arbitrary power of men. 3. Censuring power, in reference to error, heresy, schism, obstinacy, contempt, or scandal, and the repressing thereof; which power is put forth merely in spiritual censures, as admonition, excommunication, deposition, &c. And these censures exercised, not in a lordly, domineering, prelatical way: but in an humble, sober, grave, yet authoritative way, necessary both for preservation of soundness of doctrine, and incorruptness of conversation; and for extirpation of the contrary. This is the power which belongs to synods. Thus much for clearing the right state of this question.
II. For the second thing, viz. the proposition itself, and the confirmation thereof, take it briefly in these terms.
Jesus Christ our Mediator hath laid down in his word sufficient ground and warrant for juridical synods, and their authority, for governing of his Church now under the New Testament. Many arguments might be produced for proof of this proposition: as, 1. From the light of nature. 2. From the words of the law, Deut. xvii. 8, 12, compared with 2 Chron. xix. 8, 11; Ps. cxxii. 4, 5, holding forth an ecclesiastical Sanhedrin in the Church of the Jews, superior to other courts. 3. From the words of Christ, Matt, xviii. 15-21. 4. From the unity of the visible Church of Christ now under the New Testament. 5. From the primitive apostolical pattern laid down, Acts xv., &c., and from divers other considerations; but for brevity's sake, only the two last arguments shall be a little insisted upon.
Argum. I. The unity or oneness of the visible Church of Christ now under the New Testament, laid down in Scripture, gives us a notable foundation for church government by juridical synods. For, 1. That Jesus Christ our Mediator hath one general, visible Church on earth now under the New Testament, hath been already proved, Part 2, Chap. VIII. 2. That in this Church there is a government settled by divine right, is evidenced, Part 1, Chap. I. 3. That all Christ's ordinances, and particularly church government, primarily belong to the whole general Church visible, for her edification, (secondarily to particular churches and single congregations, as parts or members of the whole,) hath been manifested, Part 2, Chap. VIII. Now, there being one general visible Church, having a government set in it of divine right, and that government belonging primarily to the whole body of Christ; secondarily, to the parts or members thereof; must it not necessarily follow, that the more generally and extensively Christ's ordinance of church government is managed in greater and more general assemblies, the more fully the perfection and end of the government, viz. the edification of the whole body of Christ, is attained; and on the contrary, the more particularly and singly church government is exercised, as in presbyteries, or single congregational elderships, the more imperfect it is, and the less it attains to the principal end: consequently, if there be a divine warrant for church government by single congregational elderships, is it not much more for church government by presbyteries, and synods, or councils, wherein more complete provision is made for the edification of the general Church or body of Jesus Christ?